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Board of Selectmen Minutes,4/7/ 2011
Board of Selectmen's minutes April 7th

Present: Beatrice Davis, Chairman; John Allen, Jerry Dougherty, Selectman

Visitors: Town Administrator Diane Falcey, Treasurer Warren Schomaker, Supervisor of the Checklist Bobbi Meserve, Police Chief Karl Meyers, Building Inspector Andy Chalmers, Town Clerk Jeanette Heidmann, Sarah Clemons, Bill Wogisch, Kevin Killourie, Martha Benesh, June Garneau, Susan May, George Howard, Brian Byrne, Barbara Balfour, Larry Seibert


Chairman Davis let folks know about a worker for the town of Bartlett who had a massive heart attack and died.

Amend & approve minutes:

a. Selectmen’s Meeting - March 17th, 2011 Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the minutes of the Selectmen’s Regular Session of March 17, 2011. The motion passed unanimously.


b. Non-Public Session #1 - March 17th, 2011 Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the minutes of Non-Public Session #1 of March 17, 2011. The motion passed unanimously.


c. Non-Public Session #2 - March 17th 2011 Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the minutes of Non-Public Session #2 of March 17, 2011. The motion passed unanimously.


Police Chief Report Chief Meyers reviewed the Department’s activities over the past two weeks; some highlights were: Officers found two donkeys out at 12:20 a.m. and these were taken back to Nestlenook Farm; there was one residential burglary, one commercial burglary and one attempted commercial burglary. A purse was found on Main Street and the Department got that back to its owner but a credit card was missing; the Department got the owner on the internet and cancelled the card. There were five or six false burglar alarms; there was an accident by the AMC hut; the Department assisted the Ambulance with an elderly person with heart problems. An arrest was made at a local hotel for simple assault on a customer; the Department assisted the Fire Department with an electrical socket that was smoking; a report was taken of identity theft where someone opened a cell phone account; there was a car over an embankment; up in the Notch there was a boyfriend/girlfriend domestic disturbance which ended up with the boyfriend being arrested for domestic assault. There was a broken down vehicle in the Notch that was found to have contraband inside; the Department obtained a Search Warrant. The Department assisted the Ambulance at a local inn for a severe allergic reaction; Officers are working with DCYF on a case; there was an accident on Carter Notch Road and the Department assisted the Ambulance with another elderly resident on Green Hill Road.

d. Third PD Cruiser Chief Meyers reported the third cruiser has been appraised at $3500. Selectman Dougherty noted it’s not a very high number on the value but he feels the best option is to put it out to bid and see how much we get for it. The vehicle is worth more to the town but then we would have to maintain another vehicle. The reason Jackson replaces the cruiser every five years is to keep vehicle costs low; keeping the third vehicle would defeat the purpose; we could put the third cruiser into rotation but then we are splitting hairs; voters expect Jackson to have two vehicles and when the town brought on the third officer it was with the understanding that we would only have two vehicles. Office Administrator Falcey will put an ad in the paper for this after discussion with Chief Meyers. Bill Wogisch offered some “food for thought” he thinks it would behoove Jackson to keep the cruiser. The other day there was an issue and we were down to one car; Selectman Dougherty agrees but the voters expect the town to have two vehicles; the Board’s responsibility is to the voters. Bill asked how Selectman Dougherty knows that is what the voters expect and Selectman Dougherty noted when the third officer was put in place there was a lot of argument regarding needing a third cruiser and the voters were told there would only be two. The maintenance budget hasn’t been increased at all; if we bring on a third one it may not be the best fiscally; the Board has to be aware of perception. It would be wise to keep the vehicle as a back up but it is politically smart to put it up for bid and see what we get for it. Chairman Davis noted Jackson also has the new pickup for the Highway/Fire Department and the Police could use it. George Howard pointed out that there are other resources such as the Sheriff and the State Police to call on should we get in a pinch. Bill wants to make sure Jackson puts in that we reserve the right to reject all bids.

Building Permit Business – Andy Chalmers, Building Inspector

e. Dickie, Kevin & Patricia (Map V1, Lot 44) Build two sets of stairs; reinforce 1st & 2nd floor joist systems; replace five windows and build a basement partition This project will be done in two phases and this permit will allow them to start with the interior renovations. Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the permit as recommended. The motion passed unanimously.


f. Wroblewski, Ted (Map V2, Lot 47C) build a wall & install sinks Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the permit as recommended. The motion passed unanimously.


g. Licciardi, Richard (Map V1, Lot 13) Demolish existing home with attached efficiency apartment (3 bedrooms-2 bathrooms) & replace with two one bedroom apartments (1 of 2 apartments includes an office space) Kevin Killourie joined the Board. The property on Green Hill Road that is for sale is currently a duplex and it has been that way since its inception in 1961; in 1993 they had septic approval for two bedrooms. There were a number of reasons to deny this permit; no matter what, the plan will need to be resubmitted to DES for septic approval and it is most likely they won’t receive approval from DES. This is a non-conforming use that can continue; the designs Mr. Licciardi was planning were into the setbacks so the Selectmen had to deny it; that’s separate from the septic issue. As far as buying or selling the property, the buyer can make improvements to it and can build off of it but will have to stay within the boundary of the building; it’s blocked in with setbacks. If it is going to be razed and rebuilt then it will have to go to DES. Kevin asked if that DES approval would have to be to current guidelines which was affirmed; Engineer Chalmers noted this property would never have gotten an approval for two units; it only had a two bedroom septic approval; two units means the additional load of two kitchens and two baths; even in 1993 it would have had to have enough soil to accommodate five bedrooms. Kevin noted the property has the same story then as now; they put in the two-bedroom septic but it was a duplex then. Engineer Chalmers noted the load on the septic was approved for one dwelling unit and two bedrooms; the day the new system went online the use of the home changed; the owner was aware that he only had an approval for two bedrooms. If the state approved the septic the Board would still have to deny anything that goes outside the current footprint. The first step is to see what kind of approval they can get by providing a set of plans to the town and then moving on to the state for approval. Kevin noted it is an eyesore as it sits presently; he understands the rules but there’s a line of common sense; Engineer Chalmers noted Kevin is right but the rules are to protect everyone that is downstream from this building; the river is right there and the water supply is behind it; it’s very tight with lots of slope and bad soil. There is a possibility there could be a new septic design that might be available but the approval from the town is still only for two bedrooms not two units; it was the owner’s responsibility to say he has two units not one. Kevin noted the system hasn’t been a problem and it’s been two units for seventeen years. It was noted that the location wasn’t at full load throughout that time.


June Garneau, Mapping & Planning Solutions


h. Multi-Hazard Mitigation Plan Update June Garneau is here to explain what the state has done in the past and what’s in place now. The Plan was put in place in 2009 and Jackson needs to redo the plan for 2014 to remain FEMA eligible. Homeland Security is doing grants a couple of years early because of the backlog; when the plans originally came out there were only municipal options but now there are independent options to do this and June would love to do the town’s plan again. Homeland Security needs to know if Jackson will be using their Regional Planning Commission or an independent option. June’s credentials speak for her; she has done the Hazard Plans in Harts Location and Bartlett and will most likely do Chatham. June left the North Country Council in late January and they have not replaced the position. James Steel is going to be doing the mapping. If the Board makes a decision to use an independent contractor instead of the Regional Planning Commission there is no cost to the town; it works through grants; and if it’s under $5,000 it doesn’t have to go to the Governor’s Council; her fee is set at $4995. The funds need to be put in the budget as we pay for it first then get reimbursed. June noted it is advantageous to do an annual follow-up on the Plan; as an independent contractor June will do that. The goal is to have an answer by 18th of the month. The Board feels it can discuss this tonight; Jane Hubbard is also an option. The Board can make a decision tonight regarding using a private contractor versus the Regional Planning Commission. This needs to be done by May 2014; June suggests beginning by mid-2012; she can take the information from the last plan and fill in anything new. Selectman Dougherty would argue for the use of the private contractor because the amount of work would be less. Chairman Davis would agree with going with the private contractor; she has worked with June on both of the plans; she feels this would be better than starting over with someone new. June will issue a generic letter stating that Jackson will be using a private contractor.


Committee Appointments:


i. Planning Board (two alternate seats available):


i. Larry Siebert: alternate member reappointment (3 year term) Selectman Dougherty, seconded by Selectman Allen, made a motion to appoint Larry Siebert as an alternate member to the Planning Board for a three year term as recommended by the Planning Board Chair. The motion passed unanimously.


ii. Daren Levitt: alternate member reappointment (3 year term) Selectman Dougherty, seconded by Selectman Allen, made a motion to appoint Daren Levitt as an alternate member to the Planning Board for a three year term as recommended by the Planning Board Chair. The motion passed unanimously.


j. North Country Council Representative (two one year term seats available):


i. Robert Stevenson reappointment (1 year term) Selectman Dougherty, seconded by Selectman Allen, made a motion to reappoint Robert Stevenson to a one year term as North Country Council Representative. The motion passed unanimously.


It was noted there is still another seat available if anyone wants to apply.


k. Old Library Management Committee (two Citizen at Large seats available; one seat representing JHS; and one seat representing PCA):


i. Linda Hall-Little, representing the Jackson Historical Society (3 year term) Selectman Dougherty, seconded by Selectman Allen, made a motion to appoint Linda Hall-Little to the Committee, as nominated by the Jackson Historical Society. The motion passed unanimously.


ii. Alice Hill, representing the Protestant Chapel Association (3 year term) Selectman Dougherty, seconded by Selectman Allen, made a motion to appoint Alice Hill to the Committee, as nominated by the Protestant Chapel Association. The motion passed unanimously.


It was noted there are seven seats on the Committee; three members have been appointed previously and two more members need to be appointed; it will be tough to determine which two to choose. Genn Anzaldi is already on the School Committee; she’ll also speak up if she attends any of the Committee meetings. Barbara Meserve is a former librarian. The names are listed in the order in which their letters of interest were received. Selectman Dougherty wondered if the Board should draw from a hat; all four members would be good. It was noted that Bobbi is a member of the Historical Society. Supervisor Meserve noted she is not representing the Historical Society; she’d also like to say that Susan and Alicia both grew up in town and that’s important for this historical building. There was no further discussion.


iii. Susan May, representing Citizens at Large (3 year term) Selectman Dougherty, seconded by Selectman Allen, made a motion to appoint Susan May to the Committee. The motion passed unanimously.


iv. Alicia Hawkes, representing Citizens at Large (3 year term) Selectman Dougherty, seconded by Selectman Allen, made a motion to appoint Alicia Hawkes to the Committee. The motion passed unanimously.


Sarah Clemons would like to know when these meetings might be taking place; she’d like to see these held in the evening so citizens who work during normal daylight hours can attend; this would allow more citizens to participate.


l. Board of Adjustment:


i. Open position for regular member (3 year term)


ii. Open position for alternate member (3 year term)


There are no applicants; folks who are interested were asked to put in an application in.


Gazebo Rental Policy Office Administrator Falcey asked if the Board wants to charge $25 or not; the town has no policy and gets calls from people who want to use it. Folks want to rent and reserve the gazebo and the practice has been to charge $25; the Church has reserved it but has not ever paid the $25 charge. Chairman Davis noted the Church uses it on Sunday for Sunrise Service and this is gratis; for people who want to use it for a wedding or other function $25 is not astronomical. It was agreed that the Church or Community groups can use the gazebo at no charge; if it’s for some public purpose there will be no fee; if it’s a private purpose then it is okay to charge the $25. Barbara Balfour noted last year she enquired at the Wentworth and they charge $200 for the use of their gazebo; it was noted the Wentworth is for profit; the town is not looking to make money. Larry Siebert noted the Jackson Conservation Commission bought the gazebo and pays for the maintenance; they should continue to do this. He offered to speak with the members of the Commission about this but he thinks $25 isn’t much. The fee goes into the general fund; the gazebo should be open to the public. Office Administrator Falcey noted those who rent it usually do so just to exchange vows not for the party; it’s usually just an hour or so. Bill Wogisch asked if the town has liability for this and does there need to be a release; Selectman Dougherty pointed out this is not a place of assembly.


7. 2011 Assessing Services Agreement This agreement reflects the work being more streamlined; this is a new service and will be at higher rate however these folks know the town. Selectman Dougherty, seconded by Selectman Allen, made a motion to enter into the Service Agreement with North Town Associates, LLC of Jefferson for 2011. The motion passed unanimously.


8. 2011 HEB Groundwater Monitoring Agreement for Meloon Landfill Larry Siebert asked for an update on this; when will it be done. It was noted Jackson has one more year for monitoring the wells if there are no problems; so far there have been none. Slight traces of contaminants have been found but those most likely had nothing to do with the landfill and have not shown up again. There are four or five wells that are being monitored; it looks good; we should be done this year. Chairman Davis noted that in the Agreement Jackson crosses off the risk allocation; Jackson is not assuming responsibility for mistakes that their employee makes. Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the 2011 HEB Groundwater Monitoring Agreement for Meloon Landfill as amended. The motion passed unanimously.


9. Town of Jackson Michael Fennelly Deed (Map R8, Lot 16) This document was signed.


10. Contract Agreement with Jane Sanders Searches Town Clerk Heidmann would like to have a decision so she can get on with her deed searches. The Board had a concern with this work going out of state. Town Clerk Heidmann noted that Jane Sanders is a former New Hampshire resident, Tax Collector and is certified in New Hampshire; the fact she lives in Massachusetts doesn’t concern Town Clerk Heidmann. When asked why she isn’t going with a local person Town Clerk Heidmann noted Jackson has been using a local person and the quality of her work has gone down hill. Barbara Balfour noted Town Clerk Heidmann mentioned Jane is certified; does the person performing this service need to be certified; she suspects not. Selectman Dougherty noted the proper way to proceed is to go with the Town Clerk’s recommendation. Selectman Dougherty, seconded by Selectman Allen, made a motion to enter into the one-year contract for title searches with Jane Sanders Searches. The motion passed unanimously.


Public Comment Sarah Clemons thanked the Board for opening the meeting back up to the public; now her voice can be heard again.


Non-Public Session pursuant to RSA 91-A:3 II(a): Public employee other


The Board went into Non-Public Session in accordance with RSA 91-A:3 II(a) at 5:30 p.m. to discuss a personnel issue.


The Board returned to Public Session at 5:46 p.m.


The meeting was dissolved by motion at 5:46 p.m.



Respectfully submitted by:

Martha D. Tobin

Recording Secretary

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