The number of the top right of the document adds up to 34 as noted on page 263 but the anagram there is more important to start down the avenue

The 33 is from the center comes up. This is the next stop on the way

Understand the trust where Robert's name comes in

The other one would, of course, be a 3 and 3, moving along with much more

TOWN OF RYE

Unapproved Minutes

See meeting of April 17

For corrections/approval

BOARD OF SELECTMEN

Meeting, Monday, April 3, 2006

6:30 p.m., Rye Public Library 

MINUTES 

6:30 p.m. 

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, Vice Chairman Priscilla Jenness, and Selectman Craig Musselman. 

Also present:  Alan Gould, Acting Town Administrator. 

The Chairman leads the Pledge of Allegiance. 

II. ANNOUNCEMENTS –None- 

      A. Estuaries Commission - Charrette. 

Priscilla Jenness states that a number of people from Rye attended a charrette on the Metcalf & Eddy plans for 44 communities to dispose of their septic waste.  They met at the cooperative school in Stratham on March 25.  There were well over 100 people attending and quite a few people from Rye.  The group was broken into four sections and throughout the day they went from one forum to another.  She stated that in general she was discouraged.  They presented plans – four of which included a pipe to take the effluent down the Piscataqua River to the ocean.  At the conclusion of the day in asking people in the group that she was in, which happened to be the area dealing with the legality of this, if Metcalf and Eddy would go through with their plans and narrow it to four, which is what they are to do following that meeting.  She asked if there could be four plans and none of which would contain the sewage pipe to the ocean.  They said “no” because that is the way they were asked to design the plans.  One of the plans will take the effluent from 44 communities, in order to clean the estuary of Great Bay, and send it down the Piscataqua.  No one had any idea how long the pipe would be where the outflow would be, or what the volume would be.  She was discouraged by the time she left.  She said that Victor was there and there were people from the Conservation Commission.  She states that this is ongoing and she wants people to be alerted to it and educate themselves as to what can happen.  The look ahead for both the 20 year plan and the 50 year plan, as far as population is concerned, seemed to show Rochester as being the fastest and densest growing area within the 44 communities.  She hates to think that they will be solving Rochester’s problems by being the receiver of this volume of material. 

III. APPROVAL OF MINUTES 

      A. Meeting, Wednesday, March 15, 2006, 3:45 p.m., Town Hall. 

Motion by Craig Musselman to approve.  Second by Priscilla Jenness.  All favored.  Motion carries. 

A-1. Non-Public Session, Wednesday, March 15, 2006, 5:51 p.m., Town Hall Per RSA 91-A:3,II ( c ) Personnel and (e) Legal. 

Motion by Craig Musselman to approve.  Second by Priscilla Jenness.  All favored.  Motion carries. 

      B. Meeting, Monday, March 20, 2006, 6:30 p.m., Rye Library. 

Motion by Craig Musselman to approve.  Second by Priscilla Jenness.  All favored.  Motion carries. 

B-1. Non-Public Session, Monday, March 20, 2006, 6:30 p.m., Rye Library Per RSA 91-A:3,II (a) Personnel. 

Motion by Craig Musselman to approve.  Second by Priscilla Jenness.  All favored.  Motion carries. 

IV. AGENDA ITEMS 

A. Police Lt. Kevin Walsh:  re:  Request for approval of Contractual Agreement for Highway Safety Grant – Speed Control, State & Community Highway Safety.  CFDA # 20.600 for Federal funding in the amount of $2,256. 

Kevin Walsh states that one of the main problems that he has observed in Rye is the speeding of motor vehicles.  A police officer is tied up for a period of time when they find it necessary to have radar in force, especially during the commuting hours.  To help with that they applied for a grant from the state of NH asking for some additional funds so they can put an extra officer on in the rush hour in the morning and afternoon.  They are trying to have voluntary compliance by having people drive at the posted speed limit. 

Chairman Mills states that it will be from April 1st to May 31st. 

Chairman Mills calls for a motion to approve the request.  So moved by Craig Musselman.  Second by Priscilla Jenness.  All favored.  Motion carries. 

B. Fire Chief Richard O’Brien re:  Request for approval of application for 2006 Firefighters Grant under the Department of Homeland Security. 

Firefighter, Ron Hordon states that in 2005 the Fire Department was fortunate to receive assistance for firefighters with a Grant in the amount of $113,000.  The department purchased new breathing apparatus’s, 19 units with 19 spare bottles with the money from the grant and the Town was responsible for only 5%.  Part of their respiratory protection plan for employees and volunteers was to follow up on the grant this year in 2006 with a breathing air compressor so they can refill the bottles in Town.  Now the Town relies on the Hampton Fire Department’s compressor.  It takes four hours to fill the bottles and it ties up the fire department for that time.  This year they are applying for a $35,500 grant which is a 95% grant with the Town paying 5% or $1,775 for a new breathing air compressor.  This will compliment the respiratory care program that they have developed. The grant period opens up tomorrow morning.  They would like permission to apply for the grant.  It is a competitive grant and they are not sure if they will receive it.  The compressor fills cascade bottles which are large tanks which flow into the smaller packs that they carry on their backs. 

Motion by Craig Musselman to authorize Fire Chief O’Brien to apply for the 2006 Firefighters Grant in the amount of $35,500 for a new breathing air compressor.  Second by Priscilla Jenness.  All favored.  Motion carries. 

C. Event Permit:  Cystic Fibrosis Foundation – Cycle tour Saturday August 5 and Sunday August 6.   

Alan Gould states that they have all the permits that they need from them.  This is a two day 150 mile cycle tour between Newburyport, MA and Biddeford, ME.  They will take route 1a through Rye.  It is not competitive so it may be a slow pace.  They will start in Biddeford at 6:45 a.m. and they will probably be in Rye around 8:00 a.m.  There will be around 100 participants so Rye probably will not see any impact.   

Motion by Priscilla Jenness to authorize the Cystic Fibrosis Foundation Cycle tour Saturday August 5 and Sunday August 6.  Second by Craig Musselman.  All favored.  Motion carries.   

D. Event Permit:  Pan Mass Challenge for the Jimmy Fund/Dana Farber Cancer Institute, Family bike ride, Sunday, May 21.   

Alan Gould states that they have all their permits.  This is the first time for this group.  It is a small event 25 to 50 participants, non-competitive.  They are starting at New Castle commons and will come into Rye from Wentworth Road with a 6 to 12 mile loop through Portsmouth and Rye. 

Alan Gould states that he keeps a calendar of all the events and posts them on the Town’s website.  Some of the events overlap but they are taking care that they will not be in the same place at the same time. 

Motion by Craig Musselman to approve the event permit for the Pan Mass Challenge.  Second by Priscilla Jenness.  All favored.  Motion carries. 

E. Sign Requests – Rye Public Library.   

1. National Library Week 4/2 through 4/8. 

      Sign:  4/2 through 4/8.

2. Service Link Discussion – Medicare, April 10 @ 1:00 p.m.

      Sign:  4/6 through 4/10.

3. Mimi White – Writing Project 4/19 @ 6:30 p.m.

      Sign:  4/15 through 4/19. 

Chairman Mills states that they will be posted at Parson’s Field.  He thinks that their signs comply – nothing larger than 4 square feet. 

Motion by Craig Musselman to approve the sign requests for the Library with the condition that the sign is not larger than 4
square feet and that there is no advertising.  Second by Priscilla Jenness.  All favored.  Motion carries. 

F. Attorney William Beckett:  Request for permission for a security fence in the Town right-of-way at property owned by Isle
of Langdonia Realty Trust, Map 2, Lot 54-5.   

Chairman Mills states that the location is 100 South Road. 

Attorney Beckett thanks the Selectmen for placing them on the agenda on such short notice.  He states that he has photos to show them and the
presentation should take around 10 minutes.  He states that he represents the Isle of Langdonia Realty Trust which owns the land where Dan
and Blythe Brown reside.  He states that he has known Dan and his family for many years and has represented them for many years.  Dan’s father
is a retired teacher and his mother is a retired musician, teacher, and church choir director.  In 2002, Dan was a virtually unknown author.  In 2003,
he started to become well known with the publication of the Da Vinci Code and that book has been on the best seller list for three years.  It has been
printed in 44 different languages and it has sold more books in publication in history except for the bible.  Now the movie is going to open around the
world on May 19.  The reason that Attorney Beckett brings this up is because Dan Brown is very well known and in some circles a controversial person,
especially in his having to go to London recently to defend himself against allegations of plagiarism in a court trial that has been going on over there. 
While he was there he was accosted by hordes of reporters and members of the public and he and his wife want to come home as soon as they can.   

Attorney Beckett states that while Dan was in London, there have been some situations where people have been hanging around their house.  There
was one instance where someone came onto the property, walked around to the back, rapped on the door and peered through the window, greatly
upsetting Dan’s assistant Susan who was there at the time and she called the police.  Following that he, Susan, and Ben, the general contractor, who
will be putting up the fence, met with Chief Gould and Lt. Walsh.  It was recommended that a fence be built around the perimeter of the property, which
Dan Brown didn’t really want to do.  He is a very quiet, unassuming person and wants to be a neighbor like every one else.  Based on his experience in
London and the recommendation of the Chief of Police, he decided for the safety of his family, he should have a non-offensive fence as possible,
constructed around the perimeter.   

Attorney Beckett shows a sketch of the fence.  It has a two foot rock wall base and a wrought iron fence on top.  The total height is 6 feet, which
he understands is what the zoning ordinance requires.  He shows photos of other properties on the street to show that the fence would be consistent
with the other properties.  He shows properties with rock walls about 7 or 8 feet from the pavement.  He states that the right-of-way is 66 feet wide,
so it is 33 feet from the center of the road.  He states that Ben went to the Building Inspector and got a permit.  He then hired a surveyor to ascertain
where the property lines were.  They found that the property lines were not where they thought they were so they went back to the Building Inspector
and told her that the plan was incorrect and that they would be building the fence in the Town’s right-of-way because the property line is further in than
they thought so the building permit was revoked.  He shows a photo with the property line marked by orange string. He states that Dan and Blythe Brown
are requesting permission from the Selectmen to build a fence 15.3 feet from the pavement which would be in the Town right-of-way.  He states that all
of the neighbors that have rock walls and fences have located them much closer to the pavement than 15 feet.  They are not asking for anything different
than all of the neighbors on South Road have.  He reads a letter to the Board from Dan Brown asking for permission to build the fence citing instances of
paparazzi, strangers and fans found on the property.  He asks to have the fence located in the town’s right-of-way because it would look awkward if it
is built on the property line which is farther in from the road. 

Attorney Beckett states that there is a sewer easement and the Browns will remove the fence if and when requested by the sewer commission.  They
show a sketch of the sewer easement.  They discuss the easement and the properties that it may serve.  The fence would go around the property. 

Craig Musselman states that if the fence went around the property then it would be a security fence and would deny access to the sewer.  He
feels that there should be access to the sewer by a gate or some other means.  He feels that tearing down the stone wall does not seem wise on anyone’s part.   

Dan states that the crushed stone or concrete would be below frost and the stone wall would be built on top of that. 

Priscilla Jenness states that they will have a site walk on the property. 

They discuss the other stone walls and fences and hedges on South Road and how old the fencing is. 

Craig Musselman states that they will take a site walk at 5:00 p.m. on Wednesday and Dan can meet them and they can see where they want the
fence.  Also, he would like the location of the sewer easement. 

Attorney Beckett states that the Browns will do anything that the Town wants and he drafted proposed motions for the Board:  one, they would
remove the fence when they were asked to at their cost;  two, at the time that they vacate the premises in a couple of years they would be willing
to remove the fence;  or three, they would like permission to build a fence. 

V. CORRESPONDENCE 

The Chairman makes to motion to make the correspondence  a part of the meeting minutes.  Second by Priscilla Jenness.  All favored. 
Motion carries. 

A. Letters of Request for Appointment/Reappointment 

1. Historic District Commission.  

a. Thomas King, letter rec’d 3/30/06:  Reappointment for three years to March 2009. 

b. Kathleen Goldman, letter rec’d 3/16/06:  Appointment as a full member for three years to March 2009.  (Mrs. Goldman’s term as an alternate member expired 3/31/06) 

c. Letter from Jane Holway, HDC Chairman, recommending the reappointment of Mr. King and appointment of Mrs. Goldman as a full member of the Historic District Commission. 

Chairman Mills calls for a motion to reappoint Thomas King and appoint Kathleen Goldman as a full member of the Historic District Commission.  So moved by Priscilla Jenness.  Second by Craig Musselman.  All favored.  Motion carries. 

2. Recreation Commission. 

a. Robert Blanchard, letter rec’d 3/30/06:  Reappointment for three years to March 2009. 

b. Jim Sullivan, letter rec’d 3/17/06:  Reappointment for three years to March 2009. 

c. Letter from Gregg Mikolaities Chairman Recreation Commission rec’d 3/29/06 recommending the reappointments of Robert Blanchard and Jim Sullivan. 

Motion by Craig Musselman to reappoint Robert Blanchard and Jim Sullivan to the Recreation Commission.  Second by Priscilla Jenness.  All favored.  Motion carries. 

3. Conservation Commission. 

a. Jeffrey Gardner, letter rec’d 3/6/06:  Requesting re-appointment for three years to March 2009. 

b. Paula Mahoney, letter rec’d 3/17/06 Requesting re-appointment for three years to March 2009. 

c. Letter from Jim Raynes, Chairman Conservation Commission rec’d 3/27/06 recommending appointments of Jeffrey Gardner and Paula Mahoney. 

Chairman Mills calls for a motion to re-appoint Jeffrey Gardner and Paula Mahoney to the Conservation Commission.  So moved by Craig Musselman.  Second by Priscilla Jenness.   

            4. Beach Commission. 

a. Tim Sanborn, letter rec’d 3/27/06:  Requesting re-appointment to the Beach Commission for three years to March 2009. 

Motion by Craig Musselman to table awaiting letter from the Chairman.  Second by Priscilla Jenness.  All favored.  Motion carries. 

      F. Letter from Senator Judd Gregg. 

Craig Musselman states that he received a letter from Senator Judd Gregg.  He states that the letter issues congratulations to him for his recent election and offering help to the Town and any Town’s people for whom he may be able to provide service and contact information. 

      B. Memo from Bettey Tobey, Rye Women’s Association, recd 3/22/06 re: 

            (A copy of the memo is attached to these minutes) 

1. Withdrawal of Parson’s Field application for the Frog Jumping Contest and 

2. Request to amend application for evening use of Parson’s Field, July 4, 2006 (See Old Business D, this agenda) 

(OLD BUSINESS – ITEM D) 

(Tabled on 3/20/06 and revised per RWA memo rec’d 3/22/06.)

Revised Raffle Request – Rye Women’s Association to raise money for

its scholarship and related needs. 

1.  Request for approval to hold the raffle. 

2. Request for permission to sell raffle tickets at a table at the July 4th evening events in Parson’s Field. 

Bettey Tobey states that the raffle is a substantial raffle and will benefit

the scholarship fund.

Motion by Priscilla Jenness to approve the application to hold the

raffle and sell raffle tickets on July 4th in Parson’s Field.  Second by

Craig Musselman.  All favored.  Motion carries. 

C. Memo from the Rye Women’s Association Executive Committee, rec’d 3/30/06 re:  Finalization of its withdrawal from the Rye 4th of July 2006 Annual Frog Jumping Contest.   

Bettey Tobey states that she is withdrawing her request and reserves the right to reinstate the RWA Frog Jump application at a future time. 

D. Memo from Bettey Tobey, Rye Women’s Association, rec’d 3/31/06 re:  Request for a public hearing at the May 1, 2006 Selectmen’s Meeting regarding the Frog Jumping Contest. 

Bettey Tobey states that because of the outpouring of support for the Frog Jumping Contest she is requesting a public hearing concerning it.  She states that she does not want to make the children unhappy.  She feels that the RWA has always provided a humane and educational experience for children in the care and handling of their “Frog Jumpers”.  She feels that the Town’s people should be heard. 

Chairman Mills states that based on the fact that Bettey Tobey was not present at the last meeting, he tabled the discussion on Frog Jumping.  Chairman Mills states that he is not getting into a debate tonight.  He addresses Lisa Chase, one of the spokespersons for the children against the Frog Jumping Contest.  He states that they will have a public hearing on May 1 regarding the Frog Jumping contest.  He will allow a couple of statements from Lindsey and from Lisa Chase but will hold all discussions until May 1. [Note:  The date of the public hearing was later changed to Monday, May 15.] 

Lindsey Chase, a seventh grader, reads a letter that she prepared for tonight:  “My name is Lindsey Chase and I am a 7th grader.  I am here today to tell you about the dangers of Frog Jumping.  Many of you may say that the kids love it – but that is not true.  I have sixty-seven plus signatures, all of which, besides my family, are kids.  Over the past six years, kids have learned more about their environment, and that a Frog Jump activity simply won’t do.  We need to start a new tradition.  There are plenty of humane ways to have fun that the kids will enjoy.  We can bring back some old fashioned games like sack-races and carnival type games, as long as we provide a fun replacement everyone will understand.   

Frogs are sensitive creatures and breathe somewhat through their skin.  However, when they drink, they also drink through their skin.  Humans should not even be handling the frogs.  The oils on your skin are absorbed into the frog and damage its immune system.  By teaching kids that it is okay to take a living creature out of its environment, no one has the right to ask “What are we teaching our kids?”  

I read field guides and sometimes share projects and have done numerous studies on frogs, enough to know these creatures need respect. At least every person I asked - one thing they want is respect.  Why can’t we give the frogs and other animals our respect.   They are lovely creatures and I hope that you would appreciate the frogs the way I do.  I have some ideas that I may have mentioned before – sack-races, bobbing for apples and a “Rye Idol” contest - they have been done before - and maybe some other Rye celebration games.  Most of Rye is covered in wetlands, frogs will spread the oils we give them and infect more frogs.  I hope you will consider my plea to stop the Frog Jumping Contest.” 

There is applause from the audience. 

Chairman Mills thanks Lindsey Chase for her presentation. 

Lisa Chase, states that she is very proud of her daughter.  She says:  “On behalf of the Rye children and my daughter, I would like to ask the Rye Women’s Association and their President Bettey Tobey why they feel that it is so important for your Association to press the issue forward with having a contest that upsets so many and divides the Town.  If the goal is to indeed give pleasure to the children and families – why are we not showing consideration to all children and families.  Why do you continue to press upon such an archaic event that involves removing amphibians from their habitat.  I feel strongly that in allowing a future public hearing regarding this issue is not only going to bring negativity to Rye Women’s Association but the Town of Rye as well.  It will get nasty and out of hand that is almost certain.  Why can’t we appreciate and accept that children of this day and age are getting more and more educated on our environment and the effect that humans have had on it.  You would think that this should inspire us to learn more and agree that it is time to move on from this event.  If children say no why can’t we respect their feelings.” 

There is applause from the audience. 

Chairman Mills states that they will schedule a public hearing for May 1st, 2006. 

Craig Musselman states on May 1st he is scheduled to be in a debate in a National Conference in Washington late in the afternoon and he would like to hear the public hearing so if they can he would like to be patched in by phone service. 

Chairman Mills states that they will change the date of the public hearing  to May 15th  at approximately 6:30 p.m. for the Frog Jumping Contest.  Chairman Mills would like to know how many people will attend.  He states that last time they had to hold the hearing in the parking lot because of the large amount of people.  If they think that they will have a large group then they will schedule it for the Junior High School. 

Bettey Tobey states that it would be prudent to hold the meeting at the Junior High School because there probably will be a large crowd. 

Jane Holway asks if the hearing will be posted. 

Chairman Mills states that May 15th is a tentative date and if it is not feasible they can schedule their meeting on a Tuesday or Wednesday.  He said to check with the Town Hall.  Chairman Mills states that it is a public meeting and may not be published.   

Chairman Mills states that the Selectmen will vote but will be influenced by the crowd’s opinion.  He states that he does not want to get into it tonight. 

Chairman Mills restates that the Selectmen will make a decision that night. 

Bettey Tobey states that she would like to know if it is going to be a Public Hearing or a Public Meeting because if it is not published they may have to rally people . 

Craig Musselman states that the Board has to vote on an event permit application.  The Public Hearing is to voice their concerns – whether you are in favor of it or against it but the Board will have to vote whether or not to grant the permit. 

Someone states that a representative from the SPCA will attend.  She wants to know if they will consider professional people’s opinion. 

Chairman Mills states that it affects the Town’s people and they will go with the Town’s people’s opinion. 

Jane Holway states that if they give expert testimony, she would like to hear them. 

Chairman Mills states that they will take care of it. 

E. Letter from Jean and Richard Leopold, 25 Old Parish Road rec’d 3/20/06 re:  Request to plant white pines in the berm at the north end of the Public Safety Building property abutting 25 Old Parish Road.   

Alan Gould states that it will be on Town property at the far end of the retaining pond – between the retaining pond and their property. 

Chairman Mills asks if there are plans to put trees there anyway. 

Alan Gould states that he does not think that they are planting anything there – he would have to take a look at the plan. 

Chairman Mills states that he will turn it over to the Public Safety Building Committee and they can come back to the Board with a recommendation. 

VI. NEW BUSINESS  

      A. Public Safety Building. 

Alex Herlihy, Lang Road, states that there has been a lot of talk going around about the Public Safety Building.  He states that there was an article in the newspaper Saturday.  He would like an explanation of what is happening.  He feels that the Selectmen’s meeting would be a good time to “clear the air” rather than not knowing what is happening. 

Craig Musselman states that in the last several weeks the project has moved from its normal function to somewhat of a legal mode.  There has been a significant claim filed by the contractor.  The Town Counsel has gotten involved in a detailed and day to day fashion regarding the claim and regarding other matters in respect to the construction contract.  The contractor’s lawyer has gotten involved.  The construction is proceeding.  There will be meetings among the various parties to deal appropriately with the construction claim and with other matters.  The Town Counsel has not been involved on a day to day basis up until a number of weeks ago as he is now.  They have a Town Attorney that has had a great deal of construction experience in a number of different ways and understands construction projects well.  The project will proceed through conclusion.  The claims will be dealt with appropriately.  How that transpires cannot be known yet – discussion, negotiation, and adjudication according to the construction contract.  That process is in motion.  There was a motion made and decided upon by the Board of Selectmen last week to the effect that there will be no change orders that are made to the construction contract except those that are decided upon by the Board of Selectmen in an open meeting.  So there won’t be change orders signed without the Town’s people knowing what they are and providing comment.  In the situation that they find themselves in this construction project, they have no other way to proceed. 

Alex Herlihy states that he understands that Alan Gould is now the Project Manager and he asks if he is the one that is on site. 

Alan Gould states that they have a clerk of the works that is on site quite a few hours a week and at this point Alan is the intermediary between the architect, the clerk of the works, and legal counsel 

Craig Musselman states that as part of the motion that they made Friday evening they noted that Mr. Gould is not to take action of substance without consultation with legal counsel.  He is acting in that role and that is the role that is appropriate.  They are proceeding to deal appropriately with the situation that they are faced with. 

Lindsey Joseph, 540 Washington Road, wants to know if the clerk of the works is a paid person through the Town of Rye on their behalf. 

Chairman Mills states that he is. 

Lindsey Joseph states that she has been away and only knows what she has read in the paper.  She lives across the street from the building.  She would like to know, discounting the coming suit that they will have to deal with from the contractor, are they pleased with the progress and quality of the work that has been done. 

Chairman Mills states that his opinion is “no comment”. 

Craig Musselman states that there are two concerns – the project is late and it is going to get finished on its schedule and the Board is going to deal with that appropriately.  There have been quality issues that have been raised and they are going to deal with that appropriately.  He states that the architect needs to give his certification that the facility is constructed in accordance with the specifications at the end of the project.  To the best of their knowledge there will be a punch list of issues that will need to be addressed in order for them to sign off on the project.  They are not aware of a major issue with respect to quality that is not resolvable.  They are aware of a list of issues.  All of the issues that have been raised to date are on that list and the list may get longer as they approach the end of construction.  It is the architect’s job to certify the project at the end.

Jack Driscoll, 22 Breakers Road, asks if any Town official has asked the architect why he initialed the scratched out December 21 date on Change Order number 4. 

Craig Musselman says “yes”.  He says the Town Attorney is dealing with that issue with respect to what that means. 

Jack Driscoll asks if another Town official has spoken with him. 

Craig Musselman states that it is appropriate that the Town Attorney deals with that. 

Jack Driscoll asks if they are satisfied that the person that was contracted by the Town who initialed the crossed out date was appropriate. 

Craig Musselman states that he cannot answer that appropriately. 

Victor Azzi states that he would like to speak. 

Chairman Mills states that he does not want to rehash what they discussed at prior meetings and he has the authority to cut him off. 

Victor Azzi states that he does not have as much authority as he would like to have.  He would like to know why they chose to fire him as the Project Manager and owner’s representative.  He states that they did not tell him Friday or since then or before that.  He states that not only does he want to know but others would like to know.   

Chairman Mills states that, he thinks, based on some of the remarks and e-mails that Victor sent to other people, he, Chairman Mills, has no trust in someone that has no trust in him.  It got to the point that personalities were getting involved where they should not have been.  For the betterment of the project, he believes in the action that they took Friday night. 

Victor Azzi states that trust and distrust is something that was earned. 

Chairman Mills states “thank you”. 

Victor states “you’re welcome”. 

VII. OLD BUSINESS 

B. (Tabled 3/06/06 pending recommendation from Tom Aspinwall, Chairman Mosquito Commission) 

a. Charles Arcidiacono, letter rec’d 2/21/06:  Requesting reappointment to the Mosquito Control Commission.  The term is three-years to March 2009. 

b. Letter rec’d 3/22/06 from Tom Aspinwall, Chairman, Mosquito Control Commission, recommending reappointment of Charles Arcidiacono.

Motion by Craig Musselman to approve reappointment.  Second by Priscilla Jenness.  All favored.  Motion carries. 

Craig Musselman states that he described last time a potential meeting between the Mosquito Control Commission and the Conservation Commission and the Board of Selectmen.  He has had a subsequent conversation with Jim Raynes and they are going to put it on hold for a while.  He states that Jim Raynes is going to talk to DES and then they are going to see where they will go next in terms of meetings between the two groups. 

C. (Tabled at meeting 2/21/06, 3/6/06 and 3/20/06 for input from the Assessor) 

Abatement Application for 2005 Veteran’s Credit - $500 + interest.

Robert Dunn, 85 Old Beach Road, Map 8.4, Lot 130.  Mr. Dunn was not aware of the credit until December, 2005 (The deadline for applying for the credit was April 15, 2005.)  Mr. Dunn has submitted an application for Veterans Property Tax Credit for 2005 dated 2/24/06 to accompany his abatement application.  The Assessor recommends denial of Mr. Dunn’s applications for 2005 in order to comply with state statutes. 

Alan Gould states that Howard Promer, the Assessor, is back from Florida and in the office today.  He looked at the application again and will stand by his original decision to deny the application.  The other assessments that had been approved were in the same calendar year and all before December 1st. 

Motion by Craig Musselman to deny application based on its lateness with respect to the DRA recommendations.  Second by Priscilla Jenness.  Roll call vote:  Jenness – Deny; Musselman – Deny; Mills – Abstain.  Motion to deny carries. 

      D. SEE CORRESPONDENCE B, THIS AGENDA. 

VIII. PUBLIC RECOGNITION 

      A. Laws pertaining to dogs. 

Jean Low states that Alan Gould has received a copy of a brochure on the laws for dogs from the Rye organization. 

Alan Gould states that he received the brochure from Mark Epply and the group ROMP.  The brochure basically proposed what the laws/ordinances were pertaining to dogs.  He feels that it was well written and they could pass the brochures out on the beaches. The group has asked for permission for Jane and Beth to give them out with the dog licenses and would like the Board to approve it. 

Chairman Mills states that he does not have a problem leaving them on the counter at Town Hall but he does not know if it is legal if Jane passes them out.  

Alan Gould states that he will check to see if it is appropriate. 

Lee states that if they hand them out with the licenses then everyone will know the laws and they cannot say that they did not know. 

Chairman Mills states that that is just for the Town residents.  He states that in their letter they said that they were going to be at the beaches passing them out. 

Lee states that she would like to take one of the brochures and enlarge it and have a large sign on the beaches – Jenness Beach and Wallis Sands.  She states that everyone who comes onto the beach will pass the sign.  She would like it large enough so it would be noticed. 

Jean Low states that it could be like a realty sign.  All it will do is go over what the responsibilities are.  It is a positive thing. 

Chairman Mills states he does not want to authorize them to do it but they can do it on their own.  He states that they had signs up last year. 

Alan Gould states that there is a poster with “mutt mitts” on it. 

Lee states that she would like to have a semi-permanent sign that would withstand the weather. 

Chairman Mills states that he will have Alan check with Michael Donovan to see what the rights are since it is on Town property.  He states that it is an informational sign.   

Craig states that they can have the Town of Rye doing the notice instead of ROMP.  The notice can describe the ordinance. 

Alan Gould states that he will check ROMP’s brochure and make sure it is accurate and then have it printed on Rye letterhead.  Then Jane can hand it out with the dog licenses. 

Craig states that he wants to be sure that Jane is comfortable handing it out.  They will be handing out information that describes the ordinance.  There will have to be a disclaimer on the bottom stating that this is not the ordinance and that you will have to read the ordinance for the specific language but this is a summary of the ordinance. 

Lee says thank you.  She would like to have some recourse so people are responsible and they can say to the people you received the information. 

Jean Low states that they can also self-police which we do already. 

Craig Musselman asks what they mean by self-police. 

Lee says that they see people with dogs and will ask them if they need a plastic bag.  They ask them very nicely and the people usually say yes, that would be great.  She states that they are close to losing their privileges and she would like to inform people that they need to pick up after their dogs and honor the rules. 

Alan states that they were very pro-active and they started this a couple of years ago and it did help the police. 

Jean Low states that their goal is voiced in a pro-active, positive standpoint.  They give people a way to pick up after their dogs.  She wants people to think about bringing a bag to the beach so they can pick up after their dogs. 

Chairman Mills states that they provide mitts. 

Lee states that they are not out yet.  She states that Jack Squires usually puts them out. 

Chairman Mills asks if Lee would volunteer to put the mitts out if Jack Squires doesn’t.  He asks if she will do both beaches - Jenness, Cable Road extension and Wallis Road extension. 

Speaker asks if anything else can be done about the dogs because he doesn’t want Rye to lose the privilege of having dogs on the beach. 

Chairman Mills states that he thinks the pamphlets that they are passing out are adequate.   

Speaker states that it is the tourists are part of the problem.  They don’t carry plastic bags so they don’t always pick up after their dogs. 

Lee states that they are on the beach regularly and are thinking about getting plastic holders to hold the brochures. 

Alan Gould states that a lot of the people are renters and they need to have a notice in some way. 

Lee states that they are trying to get the realtors to give the notice out in the rentals. 

Chairman Mills states that renters also are a problem with rubbish. 

Priscilla Jenness states that a lot of people come from areas that do not allow dogs on the beach. 

Lee states that right now there are ticks in the woods and a lot of them carry lime disease so the woods are not a great option for people and they come to the beach.   

IX. OTHER BUSINESS 

 A. New Town Administrator. 

Speaker asks where they are in the process of hiring a new Town Administrator. 

Chairman Mills states that it is on hold.  He states that 57 people applied for the position and there were quite a few qualified people. 

NON-PUBLIC SESSION 

At 8:10 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 Craig Musselman.  Roll call vote.  All Ayes.  Motion carries. 

At 8:17 p..m., Chairman Mills calls for a motion to come of the Non-Public Session and return to the regular meeting.  So moved by Priscilla Jenness and second by Craig Musselman.  Roll call vote.  All Ayes.  Motion carries. 

ADJOURNMENT 

At 8:19 p.m., There being no further business, Chairman Mills calls for a motion to adjourn.  So moved by Priscilla Jenness and second by Craig Musselman.  All favored.  Motion carries. 

Respectfully submitted, 

Anne-Michele Scannell