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Board of Selectmen Minutes -- 01/20/2011
Selectmen’s Board Meeting Agenda
January 20, 2011
 
Present:  Chairman David Mason, Beatrice Davis, Jerry Dougherty Selectmen
 
Visitors: Police Chief Karl Meyers, Office Administrator Diane Falcey, Gino Funicella, Sarah Clemons, Jon Partoon
 
Chairman Mason called the meeting to order at 4:00 p.m.
 
  1.  Approve minutes
 
  1. Selectmen’s Meeting - January 6, 2011 
 
  1. Executive Session – January 6, 2011
 
The minutes of both the Public Session and the Executive Session of January 6, 2011, were approved as written.
 
  1. Police Report Chief Meyers noted the biggest issue for the Department over the past two weeks has been cars off the road, there have been a whole bunch of them.  There was a car that broke down on Black Mountain Road; a car struck a moose on Route 16; there was a vehicle off the road by Blake House and another off Switchback Road; a motor vehicle accident by the falls, a motor vehicle accident on Switchback Road and a motor vehicle accident by Wildflower Lane.  A private plow truck plowed a driveway and pushed a stone wall off its foundation; it wasn’t that home’s regular plow person so a report was taken.  The Department assisted with a ski injury; arrested a man for narcotics and had one false burglar alarm.  There is a Jackson resident who is an oil rig worker and every two years his employer requires a letter from the Police Department stating that he’s not been in trouble; that letter has been completed.  The Department assisted an elderly citizen before her pipes froze and took a call regarding another elderly lady who was disoriented; there was a call regarding a domestic disturbance with a mother and son and the Department is on the verge of filing papers with the court regarding the dogs that keep getting loose.  The dogs wound up at J-Town Deli and when the Department called the owner he asked the Police to go get the dogs for him.  The Department declined to do that and a few minutes later the dogs’ owner called back ranting, cursing and screaming.  Selectman Dougherty asked if there is any indication that the fence has been turned on; it was pointed out that the dogs don’t have the collars on.  Chief Meyers has been speaking with Kirk Towle who works for the dogs’ owners; it’s clear this situation is not that the owner doesn’t love his dogs.  Chief Meyers asked for a time frame on Dick Bennett looking at the exterior light; Office Administrator Falcey noted she’s called him; we’re just waiting for him to come. 
 
  1. Cemetery 2011 Budget This budget is the same as last year’s.  Dundee Road is all locked up; it’s being taken care of.  Selectman Dougherty asked if the Board is able to discuss what is paid up there; Office Administrator Falcey noted the cemetery bills are paid out of their checking account and they have been paying for the subcontractor out of that account for the repairs.  Office Administrator Falcey indicated the Cemetery Trustees have budgeted $5,150, to come from the checking account, based on projected needs.  Jackson is paying employee wages and it’s the same as it was last year.  There were some complaints about the work that was being done at the cemetery but this was resolved; the Cemetery Trustees didn’t want others helping the employee because of liability; the employee was told if she couldn’t do the job then she would need to let the Cemetery Trustees know.  The Cemetery Trustees are currently soliciting bids for 2012 and hope to hire a contractor rather than having an employee.  Selectman Dougherty wanted to know if the cemetery has their own checking account; which Office Administrator Falcey affirmed, noting the bills are paid out of their account.  There is $6,088 for revenue anticipated and this all clears through the accounts properly. 
 
  1. Transfer Station Repair Line (added) Selectman Dougherty had a question about the Transfer Station repair line; $7,000 was budgeted but we spent only $800; is this a slush or rainy day fund?  Chairman Mason noted every year Jackson puts around $8,000 into Capital Reserves for the Transfer Station; this is money that hasn’t been spent.  Office Administrator Falcey noted this is the revenues from demolition.  The Operating Expenses of $3,000 should be split out on an equalized valuation basis but we have $4,000 for our joint operating account that we haven’t had to pay in.  It was noted the Board should talk with Transfer Station Manager John Edgerly about what to spend money on at the Station; there may be things up there that are just Jackson’s, such as the compactor, that might need repairs; we could transfer $8,000 to the general fund. 
 
Chairman Mason noted all the budget information will be updated; Jackson’s tax rate is stable and we’re getting the work done that needs to be done.  The only missing piece is the Bartlett-Jackson Ambulance, which the Board will review tonight.  Chairman Mason noted that should be a small request as they should be covering their costs with the increased rates; they should be able to operate without funds from the town.  We have one ambulance; when it’s ready to be replaced it should be paid by funds generated by their services. 
 
  1. Petition proposes Town of Jackson consider purchasing a portion of 49 Main St. lot for public parking  Jon Partoon noted the school suggested this property would make a good parking lot for the town.  It would allow access to the park and the river as well as the pond.  It’s about one acre of land.  The Partoons asked Office Administrator Falcey about this and were informed if it was petitioned properly this could be brought forward.  Jon has already gathered several signatures and a lot of interest about this.  Jon handed out additional documentation of parking options for that piece of property.  Chairman Mason discussed the land’s location and proximity.  Jon noted there is a walkable path with a wooden bridge crossing which the owners are keeping that path trimmed and it’s used currently for cross-country skiing.  The path does pose some difficulty; it’s steep in one place but fairly flat on the remainder; it’s not that onerous to walk it.  Selectman Dougherty agreed it’s not that steep a walk and there’s plenty of room.  The property is on the market for $185,000.  Selectman Dougherty noted when this price was put forth it was determined it’s not likely the town would spend that; it’s too much to pay for twenty-one parking spaces.  Chairman Mason noted Jackson has had a problem with parking and access to the town field and the town pond and will continue to have a problem.  This is something the Board shouldn’t turn down right away.  He believes the Board should consider this and if the Board thinks $185,000 is too much then we can say something about it; Selectman Dougherty noted that’s what he did.  He, too, thinks it would be fabulous if the town could get twenty-one parking spaces.  Selectman Davis noted the town has the parking lot behind the Fire Station and also down at the tennis court; most happenings are on the weekend so there is also parking available at the town offices.  She noted Jackson has always had issues with parking but doesn’t have as much congestion as there used to be when the Jack Frost Shop was there.  Chairman Mason noted Jackson was also able to use the parking at the Jack Frost Shop; there was more parking available then than now.  Jon hadn’t thought the town would be interested in this property but when he was approached by the school he felt he had to bring it forward.  Chairman Mason is not sure what a reasonable price is for Jackson’s purposes; he thinks it makes sense to talk to Real Estate people.  Selectman Dougherty noted these folks are thinking of putting together a petition so they need to know by February first.  Gino Funicella supports Jon on this; on the Jackson loop there is no place for anyone to park; it can be very dangerous.  Gino saw this as an opportunity; this may be the only piece of land available at a reasonable price.  We missed out on the Snowflake land and we have issues with the kids crossing back and forth.  We are a tourist town, we have the walkway plowed, and it’d be good to be able to take a nice little walks; he prodded Jon in this direction.  Chairman Mason wondered if the Selectmen also had to have articles submitted by February first, which was affirmed.  Folks at the town meeting can’t change the warrant’s purpose but they could change the amounts.  Chairman Mason suggested Jon bring this forward as a petitioned article and the town can suggest a figure.  Jon will get twenty-five signatures and bring it forward.   Selectman Dougherty noted he would be happy to put this before the voters; it’s not for the Selectmen to decide this.  Twenty-one parking spaces won’t alleviate all the town’s parking issues but would help when folks are using the fields.  Selectman Davis noted it would be to Jon’s advantage to find out if the state will allow a driveway for this lot; the state might have a problem issuing a driveway permit with a driveway right next to the proposed one. 
 
  1. Selectmen’s Representative to Planning Board  Chairman Mason is fairly disappointed in the Selectmen’s Rep to the Planning Board.  He thought the Rep would be providing a conduit between the two Boards but based on what he’s heard and on the minutes of the Planning Board meetings the Planning Board members accept Selectman Dougherty as having some weight, but Chairman Mason noted Selectman Dougherty is moving things forward that are not the position of the majority of the Selectmen.  Those things have been brought forward with information and statements that are inaccurate and though not purposely this reflects poorly on the Selectboard.  It looks like the Selectboard is overstepping or not paying attention.  Selectman Dougherty noted he would think in particular in terms of site disturbance it is fair to say he mischaracterized what the Selectmen were doing; he happily owns that.  He was hoping the Planning Board would take the guidelines and adopt them as requirements; he had asked Chairman Mason to attend.  Chairman Mason noted Selectman Dougherty characterized the Board as requiring things that the Board is not requiring.  As far as the agenda of the Planning Board itself, Selectman Dougherty doesn’t feel he’s been driving the agenda there at all.  He has described things like driveway permits and how they relate to site disturbance; the town used to operate such that the Road Agent would issue the driveway permit.  At some point during this past year the Selectboard took over describing what a driveway is.  The Planning Board was surprised to find out that Jackson has a driveway standard.  Selectman Davis noted Jackson has always had a driveway standard.  That may be the case but it seems the Planning Board has now found out there’s nothing they can do to change it.  Chairman Mason hopes to understand this better; he and Selectman Dougherty did speak casually about this; Chairman Mason has always been disappointed with the way site disturbance turned out and he thought he and Selectman Dougherty were in agreement.  Then Selectman Dougherty brought this forward; this is something that would have nullified the whole ordinance and the sense was that the Selectboard were overstepping their limits.  That kind of thing places the Selectmen in a poor position; it maligns them.  It’s embarrassing as we have two Selectmen and one Selectman rather than three Selectmen.  Selectman Dougherty hasn’t done a very good job of separating his personal view and that of the Selectmen; personally he doesn’t see any enforcement in the site disturbance rules; he apologizes for any mischaracterization; it’s a poorly written ordinance and moving forward, Selectman Dougherty thinks the town can do better with it; it’s his personal feeling and he didn’t separate it.  Chairman Mason agrees it’s poorly written but we’re better with it than without it and he does see the Board having monitoring and responsibility for site disturbance.  Selectman Dougherty agrees he’s at fault in this situation.  Selectman Dougherty was asked if he wished to remain as the Selectmen’s Representative to the Planning Board and Selectman Dougherty noted he is serving at the Board’s pleasure; it’s up to Chairman Mason and Selectman Davis.  Chairman Mason noted he’s concerned that if Selectman Dougherty has strong feelings about enforcing building codes and site disturbance, it may be uncomfortable being on the Planning Board with those feelings.  Selectman Dougherty noted Chairman Mason is characterizing him as having an agenda.  The Planning Board was trying to bring this to the voters; he wondered why the Board wouldn’t do what it could to bring this to the voters noting the Board avoids doing that even though it’s within the Board’s powers.  Selectman Dougherty would like these questions to be brought to the voters.  Chairman Mason noted the Board has authority and responsibility for enforcement.  If the Planning Board wants to bring forward a request to do away with the site disturbance ordinance that would be straight ahead; if they don’t want to have enforcement of building codes then the Planning Board could bring that forward and we could discuss the benefit and detriment of that.  Selectman Dougherty was trying to convince the Planning Board to bring forward something that would become a requirement.  Chairman Mason noted that he and Selectman Dougherty differ there; Chairman Mason feels Selectman Dougherty was the driving force to bring this forward.  Selectman Davis agreed, noting that was the feeling she got also at the meeting; Scott asked Selectman Dougherty why he wanted to bring this forward.  The Planning Board sees the Selectmen’s Rep as having weight on their board.  Chairman Mason thinks it would be a good idea to have Selectman Davis take over as Selectmen’s Rep to the Planning Board; that way Selectman Dougherty won’t have to represent things he doesn’t believe in.  Selectman Dougherty noted he and the other members of the Board have a philosophical difference.  Chairman Mason asked Selectman Davis if she would be willing to take this on and she agreed she would.  Chairman Mason, seconded by Selectman Dougherty, made a motion to have Selectman Dougherty removed as Selectmen’s Representative to the Planning Board and to have Selectman Davis replace him.  The motion passed 2-0-1 (Davis abstains). 
 
  1. Bartlett-Jackson Solid Waste Disposal District
 
  1. Gino Funicella - Regular Member Appointment (3 year term) Chairman Mason noted negotiations continue with Bartlett and Gino wants to continue on the Committee.  Selectman Davis asked if a meeting has been scheduled and Chairman Mason noted no date has been set yet.  Selectman Dougherty feels the same as he did last year; for now it should be the three Selectmen on the Committee because decisions that have to be made at the committee level have to be made at the Selectboard level; he thinks it would be more important to have all the Selectmen on the Committee.  Selectman Dougherty was reminded that the original intent was to have a citizen on the Committee.  Selectman Dougherty noted he appreciates Gino’s expertise but that Committee makes decisions which then again have to be made at the Selectboard level.  Chairman Mason noted the Selectboard has no authority by the agreement; Selectman Dougherty noted the Committee runs by governance by this Board.  It was noted the Committee will be run that way until something changes.  Chairman Mason believes it’s important for Gino to be at those meetings for these discussions.  Selectman Dougherty noted the Committee didn’t bring forward a budget; it falls under the direction of the Selectboard not the Committee.  Chairman Mason agreed this is a good point; it’s his understanding that we must have some organization in order to run the Solid Waste District; it’s not just the towns getting together to run it.  Selectman Dougherty noted that’s not the way it’s been done; Chairman Mason noted Selectman Dougherty feels it’s never run that way but Chairman Mason feels it has; the Committee has a Chairman.  Selectman Dougherty reiterated the Solid Waste District has never had a budget.  Chairman Mason wants to leave Gino on the Committee.  Gino noted he has thirty-one years of background for waste management and was getting paid $200 per hour to help folks as big as BFI and Waste Management.  It would have worked better if we’d had one other person and Bartlett had one other person.  The contract doesn’t say two Selectmen; it says of the Committee two members from each town need to be Selectmen.  The Committee isn’t at the point when it can hear about what is the best way to operate.  Gino noted it might help to have someone there who knows something about the operation of Transfer Stations.  Gino is willing to stay on and Selectman Dougherty can always attend the Committee meetings.  Selectman Dougherty, seconded by Selectman Davis, made a motion to have Gino continue as a member of the Solid Waste District Committee.  The motion passed unanimously.   
  
  1. Intent to Cut Wood
 
  1.  MacPhail, Joan  (Map R30, Lot 5) 10-231-08T - Supplemental
 
  1. Report of Cut: Garland Lumber (Unit 23, R 4, Lot 57AI) 10-231-011T
 
  1. 2010 1099 Forms  
 
  1. Household Hazardous Waste Day Letter of Commitment  This is the letter of agreement for the 2011 Household Hazardous Waste Day; $1,155 is what Jackson spent in 2010 and is what is allocated for the 2011 Waste Day.  Selectman Dougherty, seconded by Selectman Davis, made a motion to sign the letter of commitment with Conway for the Household Hazardous Waste Day in 2011.  The motion passed unanimously.    
 
  1. February 3rd Budget Hearing  The Board discussed having the Budget Hearing on February 3rd beginning at 4 p.m. with the Selectmen’s meeting to follow.  Selectman Dougherty suggested if the Board holds its meeting first with the budget afterwards then more members of the public might be able to attend.  Chairman Mason agreed that makes sense.  The Board agreed to put the Budget Hearing on the agenda for 5 p.m., following the Selectmen’s Board Meeting.
 
The meeting was dissolved by motion at 5:05 p.m. 
 
Respectfully submitted by:
 
Martha D. Tobin
Recording Secretary