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Board of Selectmen Minutes -- 10/18/2012
Selectmen’s Board Meeting
October 18, 2012

Present:        Jerry Dougherty IV, Chairman; John Allen and Bob Thompson, Selectmen

Visitors:       Office Administrator Diane Falcey, Police Chief Karl Meyers, Town Moderator Bill Kelley, Mrs. Kelley, Jay Poulin, Jerry Dougherty, Kathleen Dougherty, Hank Benesh, George Howard, Holly Lewis, Frank Benesh

Chairman Dougherty called the meeting to order at 4:30 p.m.  Selectman Allen is expected; the Board will proceed with approval and amendment of the Minutes and if Selectman Allen has any changes then the Board will reapprove them.  
 
  • Amend & approve minutes
  • Selectmen’s Meeting – October 4, 2012  Chairman Dougherty, made a motion to approve the minutes of October 4, 2012 but the motion was not seconded.  Selectman Thompson asked that the minutes of October 4, 2012 be tabled as he hasn’t had an opportunity to review them.
  • Non-Public Session – October 4, 2012  This was tabled.
  • Selectmen’s Meeting – September 27, 2012  Chairman Dougherty, seconded by Selectman Thompson, made a motion to approve the minutes of September 27, 2012.  The motion passed 2-0-0.  
  • Non-Public Session #1 – September 27, 2012  Chairman Dougherty, seconded by Selectman Thompson, made a motion to approve the minutes of the Non-Public Session #1 of September 27, 2012.  (Selectman Allen joined)  The motion passed 3-0-0.  These minutes were sealed due to litigation.  
  • Non-Public Session #2 – September 27, 2012   Chairman Dougherty, seconded by Selectman Thompson, made a motion to approve the minutes of the Non-Public Session #2 of September 27, 2012.  The motion passed 3-0-0.  These minutes were sealed to protect the reputation of those involved.  
 
  • Public Comment  There were none at this time.
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  • Police Report  Chief Meyers reviewed activities since the last meeting; some items discussed involved a report of a feral cat with kittens; the Animal Control Officer (ACO) took them to the Humane Society where they were fixed for free; the Humane Society will find homes for them or will release them if they remain feral.  A report came in of the greens being driven over at the golf course; a moose was hit north of Shannon Door; a call came in at 2:15 a.m. of loud noise on Tin Mountain Road that turned out to be heavy machinery; someone legitimately borrowed a piece of equipment and chose to offload it at that time.  The Department assisted with the fire at the Red Fox.  A gray fox was hit by a car; the ACO took care of it; an elderly lady fell on the sidewalk by the Falls; there were five false burglar alarms; a report was taken of a lost backpack; there was a 911 call from a B & B which was a misdial; a Motorola two-way radio was turned in to the Department; two homes are being watched for folks who are out of town; a Havahart trap was used to capture a raccoon with a broken leg.  Officers are keeping tabs on a house where a couple is going through a divorce; there was a malfunction with a sprinkler system; a report was taken of theft of a shotgun that the victim later found in the house.  A dog bite was reported; the ACO handled it; a lost dog was later found by its owner.  Officers stopped a car in the Notch; it was a driver with a youth operator license who was charged with reckless driving; the vehicle was clocked at 81 mph.  Officers completed their Taser and firearm certification and a gentleman was fingerprinted for a silencer.  There was a disorderly subject who would not leave the grounds at the Grammar School; that person was identified and two arrest warrants were issued.  Chairman Dougherty noted the person at the school called Chairman Dougherty three times and threatened to sue.  Chairman Dougherty informed her to have her lawyer contact the Selectmen; this is an on-going issue.  Selectman Thompson wondered how the town got involved in the dog bite; he wondered if the bite occurred on town property; the bite occurred in Jackson; the dog owner lives in Bartlett but was working in Jackson so it falls under Jackson’s jurisdiction.  
  • Melloon Road Landfill – Jay Poulin, P.E., H.E. Bergeron Engineers, Inc.  Jay Poulin joined the Board; he noted the permit for monitoring the wells at the old landfill is ending.  HEBergeron (HEB) began working with the town as DES requested monitoring; HEB worked with the town and DES to get a groundwater permit; that was issued on Dec 7, 2007; sampling was done in May and October on four wells; one up-gradient well and three down-gradient wells.  Sampling was good; there was one sampling in October 2008 where arsenic, lead and mercury levels in the groundwater were too high; because of that DES asked HEB to do further metals testing in ‘09.  The permit expires in December of this year; the sampling event for October will be done next week.  In August Jay received the 2011 report; DES commented on the report that Jackson needs to renew the permit.  Jay asked if Jackson could stop monitoring; DES’s stance is that the waste is still there; it can be a problem to the groundwater; it won’t allow the town to not monitor the landfill.  Jay noted he can ask to reduce the testing; the town can also ask to discontinue monitoring but it doesn’t appear DES is going to allow that.  Moving forward, the town needs to apply for a groundwater permit to monitor groundwater at the landfill for another five years and that application is due before December.  The town can request any changes in the permit conditions with this application.  Jay urged the Board to proceed with the application; if the town doesn’t file the application DES will probably prepare a letter of deficiency and end up fining the town.  Chairman Dougherty noted if the town lets the permit lapse then the town will lose the up-front cost; he’d also like to clarify for the public that when the town originally started the permitting process in 2005, the impression was that once the permit was done the town would be done with the sampling; Chairman Dougherty was very surprised to learn this would be on-going and he wasn’t the only one; Jay’s also understood that this would end after the permit expired.  Since 2005 DES has had a change of heart with how it deals with inactive landfills that still have waste; Chairman Dougherty believes the town should go ahead with the application and ask for a renewal with limited monitoring; Jay is pretty certain DES will allow once a year testing with the same number of wells; they may even allow Jackson to go to every other year.  Selectman Thompson asked why testing at well #5 was stopped and Jay noted it ran dry; they couldn’t get enough water out of it to test.  HEB works on a yearly basis; HEB submits a proposal every year for this service; if the town wants to proceed Jay will get a proposal for 2013 to the Board for the next meeting.  Regarding the fifth well that was abandoned; Jackson needs to decommission it; Jay has provided the Board with the steps required to do that; he asked if the Highway Department or someone from the town could do this; the issue is that someone could pour something down there; the town can’t allow access to the groundwater; the town can handle this and Jay noted before and after photos need to be taken and Jay will submit them to DES.  Chairman Dougherty noted the Highway Department is doing year-end projects; they should be able to do this before the snow flies.  Road Agent Henry can contact Jay if necessary.  
  • Building Permits - Andy Chalmers, Building Inspector
  • Hoy, Robert & Paula (Map R12, Lot 160) Install bathroom in Shed/Cabin  Chairman Dougherty noted this is not recommended by Inspector Chalmers mostly on the basis the plan doesn’t show setbacks and the Board could be approving an accessory apartment; the plan needs to show setbacks; the recommendation is to extend this for thirty days to allow the applicant to put together the information needed.  The Hoys are looking for a sense of whether the Board would allow them to put a bathroom in their existing shed/cabin.  They will need to show setbacks for the septic design; the Board needs to see an approved septic design before it will approve the application but the Hoys can’t get that from the state without approval from the town; it’s a Catch 22.  Chairman Dougherty questions how the town defines use of spaces and to what extent the Board has the authority to do that; for him, a bathroom in the shed/cabin is not a problem.  Someone has a multi-room home with three beds then according to how Jackson determines bedrooms, this home is a three bedroom home; it is not up to the Board to determine how these folks use their rooms.  The question is, do they or do they not have the ability to put a bathroom in their shed whether it’s considered a bedroom or not.  On all the documents the building is referred to as a bunkhouse; it is currently being used to sleep in.  Selectman Thompson noted it seemed like the whole thing is heading down the slope to an accessory apartment.  There has been nothing from the builder since he came to the meeting on September 27th.  This was not supposed to come back to the Board until Inspector Chalmers and the builder look at the property and the setbacks.  Discussion with the Building Inspector and the builder hasn’t happened yet; this should be passed over for another thirty days; if the Hoys force the Board to make a decision now then that would be to deny; the Hoys are not forcing a decision so the Board agrees to pass over this for thirty days.  Jerry Dougherty noted he has been in this property; the bunkhouse has no cooking facilities and the house is a two bedroom home; guests sleep in the bunk house; it’s been there for twenty years.    
  • Hurley, Bruce & Weibrecht, Kimberly (Map V2, Lot 25) Adding deck; add shower; move toilet & wall; roof & window replacement  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the building permit for Hurley, Bruce & Weibrecht, Kimberly (Map V2, Lot 25) to add deck; add shower; move toilet & wall; roof & window replacement.  This is recommended; the work isn’t over $10,000 but the work is outside the footprint; that’s why a permit is required.  Chairman Dougherty asked why the permit fee is $75 versus $25; Office Administrator Falcey noted the assumption was the fee would be $75 and that’s the amount of the check that was sent in.  There is no reason to deny the permit.  There was no further discussion.  The motion passed unanimously.    
  • Cate, Grant (Map R8, Lot 21) Installed outhouse, generator shed and permanent 37’ mobile travel trailer  Inspector Chalmers is not recommending approval; it appears the structures fall within the five-hundred foot setback from Route 16; that makes this the Village District; tenting or trailers are not permitted in the District; Mr. Cate will have to go to the ZBA.  It can be considered as a single family home; it has been on blocks for years and is not registered; it is time to remedy the situation.  Office Administrator Falcey noted she made a copy of the tax map to figure the footage; she has a three-hundred-thirty foot estimate based on the scale.  The Board should deny this and send it to the ZBA; Chairman Dougherty questions the process; it was noted if the Mr. Cate is not successful with this variance request then the Board could consider how to proceed from there.  Selectman Thompson, seconded by Selectman Allen, made a motion to deny the permit for Cate, Grant (Map R8, Lot 21) for an installed outhouse, generator shed and permanent 37’ mobile travel trailer as neither tenting or trailers are permitted in the Village District.  The motion passed unanimously.   
  • Donoghue, Michael & Kathy (V3, Lot 23) Construct two bedroom home  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the permit for Donoghue, Michael & Kathy (Map V3, Lot 23) to construct a two bedroom home, as recommended by the building inspector.  The motion passed unanimously.
  • Hana Equity Partners, LLC (Map R8, Lot 22) Notice of Violation  Chairman Dougherty crafted this document after receiving Inspector Chalmers notes from his inspection.  Chairman Dougherty noted the document needs to state what the violation is and how Jackson plans to seek enforcement; a Cease & Desist (C&D) Order or through a notification by mail which is similar to receiving a citation for a traffic ticket.  The major difference is in order to seek fines under a C&D there has to be an order from the court and Jackson must provide written notice of the violation.  Under the plea by mail the notice had to have different information so Chairman Dougherty put in all the information that would be needed for either of these in case this had to go to court.  Chairman Dougherty noted this is the type of situation where the town wants to send a plea by mail.  The only time a C&D should be used is when there is imminent danger to the public.  The maximum fine per violation for a plea by mail is $1325.  In the notice of violation, if this is appealable, the Board has to give the owners time to do so; seven days is the minimum; Chairman Dougherty allowed for ten days.  If they don’t appeal that is not an admission of guilt but a lack of willingness to contest the decision made by the Board.  They can argue to the ZBA that they are not in violation of the setback.  If the town went with a C&D it would mean the Board is going to enforce this through the court unless the owners immediately do what has been asked; that means the court and attorneys get involved; that is not best way to go.  For either process the town needs to put in notes as to how the facts were ascertained, how the violations can be corrected and give the owners a reasonable time to make corrections; they have ten days to submit a permit for the building that is going on there or the new building going on outside the setback needs to be removed.  If they don’t appeal to the ZBA and don’t remove the deck the town would file with the court; the setback violation continues for every day that the building is there but building without a permit will be hard to prove unless they continue to build inside the ten day window; someone would have to verify they are building every one of those days.  The town can say that building did occur because there wasn’t a deck and now there is so there is at least a one day violation of $275 per day; it’s $550 per day for subsequent days; that is in the document because it applies to either method (C&D or plea by mail); the town will seek the plea by mail and issue the citation; if there is no response then the town will seek a C&D and can remove the deck.  The town would recoup expenses with a lien on the property.  Just because the Board chooses the plea by mail now doesn’t mean a C&D can’t be done.  Office Assistant Cressy will get this out by certified mail tomorrow.  
  • Lewis, Holly (Map V8, Lot 30) Certificate of Occupancy & Mutual Release  Holly joined the Board.  Chairman Dougherty, seconded by Selectman Thompson, made a motion to approve the Certificate of Occupancy & Mutual Release.  The motion passed unanimously.  There are two copies of the document; the original goes to Holly; a copy goes to the town.  The Board agreed to discuss this in Public Session.  All parties have reviewed this document; the only changes Chairman Dougherty made, on advice of Town Counsel, was to encompass the separate documents into one document; there were two documents; one for the town and one for Holly; now it is a mutual release.   Once the parties sign the mutual release the court case is over.  Selectman Thompson noted the Board has been over the settlement stipulations that were drafted in June of 2011; those stipulations have been met.  Moderator Kelley will be the witness and Office Administrator Falcey will notarize.  Selectman Thompson, seconded by Selectman Allen, made a motion to instruct Rob Upton to close the court case.  The motion passed unanimously.  Chairman Dougherty will contact Rob Upton tomorrow and it should just be a statement to close out the court case.  Chairman Dougherty noted this has taken many years to reach a conclusion; he’d like to see, at the next Selectmen’s meeting, a brief discussion of what has brought this Board to this conclusion; the public wants to have an explanation as to why this Board reached this conclusion.  That discussion is really to highlight the importance of due process and how people are supposed to be treated.  He would like to say he is proud of the action this Board took this evening; it concludes a long and painful process.  Selectman Thompson would like to include some discussion about all of the Non-Public minutes and whether it would behoove the Board to unseal them once this matter is concluded.  Chairman Dougherty noted it would be a wise thing for the Selectmen to do; there is no reason not to release all the Non-Public notes.
  • Electioneering Matters – Bill Kelley, Jackson Town Moderator  Moderator Kelley joined the Board; he asked if anyone in the Selectmen’s Office has been contacted by the Attorney General’s office regarding a complaint from the last election.  None of the Selectmen have heard anything, nor has Chief Meyers.  Moderator Kelley noted he had a fairly lengthy discussion with an Assistant Attorney General last week.  Moderator Kelley noted in his twelve years as Moderator and at least ten years as Assistant Moderator there’s been one complaint against him and the town which was unfounded.  Moderator Kelley can’t get anything in writing from the Attorney General’s office; as an official officer of the town he has a right to see it.  The complaint would be against Jackson as well; the Assistant Attorney General went to some extent to track down Moderator Kelley to discuss this.  The gist of the complaint was upsetting; he’s sad that in his fifty-eight years and six generations here that folks can’t just discuss things.  If this is a legitimate complaint the town needs to act on it and take it to court to let the judge act on it.  Untrue statements were made in the complaint; Moderator Kelley told the Assistant Attorney General that the Attorney General should do a thorough investigation.  This is about an issue that took place last year at the election; Officer Jette was there and was very involved.  Moderator Kelley invited the Attorney General’s office to come to Jackson to see the restrictions regarding the building and the road.  He assures Jackson’s residents have a fair and equal election; folks have access to the facility and that nothing illegal is going on; he enforces the RSA’s and the laws.  Additionally with the building abutting the school Moderator Kelley has to look at safety; he has concerns about people just running around.  This has to do with elections on town property.  RSA 31:41(c) states that electioneering is prohibited on town property.  Chairman Dougherty noted that RSA is unconstitutional; it’s unenforceable.  Moderator Kelley pointed out the RSA hasn’t been challenged; it hasn’t been rejected and is referenced in the newest election procedure manual.  The Moderator has extreme authority to make sure things go properly; Moderator Kelley has enforced this based on input from Jackson’s residents.  Election Officials have been advised to compromise so that folks have the right to campaign and at the same time voters’ rights are protected which resulted in the “two-hundred foot rule”.  The Moderator can set the barrier where he wants and Moderator Kelley and his assistants have adopted the two-hundred foot rule.  Jackson’s Election Officials have received numerous complaints about why this is allowed; his folks tell them the RSA is not enforceable so they have to allow it.  He doesn’t like it but he does what he deems is best.  This has been challenged again; there were a lot of verbally heated moments.  Officer Jette called Moderator Kelley aside and told him there is an individual who threatened him; Moderator Kelley was informed he had grounds to have that individual removed or even arrested.  Moderator Kelley felt it was better to discuss it in a civil manner.  He allowed the individual to stay on the property; the individual got permission from the landowner to campaign on this property, which is right in the middle of town property.  Because of the safety issues the Election Officials deal with, Moderator Kelley is going to require the landowner’s permission to campaign in writing.  There is also a one-hundred foot option but folks have the right to go to the location and vote without interference.  Moderator Kelley noted for someone who is campaigning one-hundred feet away is convenient but two-hundred feet is not.  Moderator Kelley told the Assistant Attorney General to get up to Jackson to see the location.  This involves an RSA that is accepted by the State of New Hampshire; the election procedure manual refers to it in many places throughout.   Moderator Kelley and the other election officials do what is required; he has clear authority to do those things; the law is very clear; he is not going to be bullied; let the judge decide; he feels this is another frivolous matter.  Moderator Kelley can’t believe the Attorney General’s office hasn’t contacted the town.  Moderator Kelley noted he had this conversation last Thursday; the Assistant Attorney General assured Moderator Kelley that he would talk to the police chief; he has seen nothing in writing and the Assistant Attorney General doesn’t deny the town has the right to see that.  The town has a serious election in November; this issue is bound to come up and unless or until he is shown a reason, he is not changing his policy.  Chairman Dougherty supports Moderator Kelley; the Board can engage the town’s attorney regarding this.  Selectman Thompson believes the town needs to see the complaint in writing first; it doesn’t exist until the Board sees it.  Outside of the complaint, the town will face this again on November 6th; he’d like to have a recommendation from the attorney regarding how he should proceed; he is clear and feels there is a good compromise with the two-hundred foot rule; two-hundred feet is in the middle of the road so he moved campaigners to the old Town Hall site; he allowed that so people could campaign.  In the past twenty-two years there has been only one complaint and it went away; that complaint created a lot of work for the town.  If the complaint is in writing it has not been provided by the Attorney General.  Frank Benesh noted he is the source of the complaint, as Moderator Kelley knew he was; he followed the procedure that was set out by the Attorney General’s office.  Frank got a phone call about this just this week.  Selectman Thompson believes the Board should initiate no action until there is a written complaint.  Moderator Kelley feels it would be worth it to get the town attorney’s opinion; the Selectmen are charged with enforcing ordinances that are approved at town meeting; if it’s not legal he wants to know why it is in the election rules.  Chairman Dougherty doesn’t want to interfere with the Moderator’s right to make on-the-ground decisions.  Frank noted there are multiple parts to his complaint; he would have sent it to the town if he’d known he was supposed to; Frank was assured that is not for him to do.  Frank noted the town had no authority to place restrictions on what happened on private property; that’s outside the Moderator’s authority.  Additionally the town ordinance refers to town property not school property; the campaigners were not on town property.  There is tension between this and free speech rights; people coming to vote should have the ability to engage in conversation with those electioneering; having the two-hundred foot rule isn’t helping; if voters have to cross the street to the gazebo, that doesn’t work.  The way it was enforced last April infringed on Frank’s rights.  Moderator Kelley noted school or town property doesn’t matter; it’s municipal; he feels these folks were on town property; he wants a ruling; a person who is going to electioneer on private property needs to get permission from the property owner; he doesn’t think the school will allow it; he believes school property or town property is one in the same.  Frank noted the school is run separately from the town additionally when the School District agrees to have the vote there they have to agree to allow electioneering within restrictions; they must allow for free speech.  Chairman Dougherty noted folks need to consider the circumstances in Jackson; the town has had space problems since its inception; the school property is unique; access to the school is unique; Jackson doesn’t have a large building with a large parking lot; everyone has always recognized that and respected it.  Chairman Dougherty believes the right to vote supersedes the right to electioneer; the town must provide safe access to someone entering the building.  Frank believes input from the town’s attorney would be appropriate.  Chairman Dougherty will contact Town Counsel Malia.  Selectman Thompson reiterated the Selectmen need the formal complaint in writing before responding; the process is to get the complaint first then get the legal opinion and clarification from the town’s attorney.  Selectman Allen wonders what the difference would be in getting Counselor Malia’s input before or after the complaint is received; Chairman Dougherty thinks it would be wise to talk to Counselor Malia.  Moderator Kelley noted the RSA that is on the books is current and current election laws cite that RSA specific to electioneering on town property.  Moderator Kelley is not asking for complaint input; he wants a reading on the RSA and whether it’s enforceable.  He feels a good compromise is the two-hundred foot rule and he has consistently enforced that, no matter where the election was held.  If the RSA is legitimate and can be enforced; do we uphold the will of the people and prohibit electioneering altogether or do we compromise.  Selectman Thompson noted it’s not only a safety issue but if every single candidate on the ballot has the right to be on that private property there would be congestion issues as well; Moderator Kelley agrees.  Jackson has a major presidential election with a 70 – 74% turnout expected; the town has issues town officials have to think about; there are businesses in the area, the Post Office, school is in session, then there is the curve in Route 16B; until a higher power tells Moderator Kelley he can’t do it, the two-hundred foot rule is going to be enforced; it’s clear the town isn’t going to have an answer by November 6th; the way to proceed is the way he’s outlined; if it goes to court and he’s ruled against then nothing happens.  If he had thirty-seven complaints then he would look at this differently; he hasn’t changed his position since he started and he enforces it fairly; if the town gets a ruling from the court before November 6th then he will do what has to be done.  There are rules on the books; if the town is not going to enforce this law then take it off the books.  As it stands, the town has an ordinance and the election officials enforce it.  Jerry Dougherty noted he has been an Assistant Moderator over twenty-seven years; election officials have advised the electioneers they can campaign over on Town Hall property; there have been no issues in twenty-seven years; until very recently everyone has been happy to comply.  It’s a lot of work putting an election on; the Moderator and others do that work so folks can have an unchallenged opportunity to vote.  At this time the ball is in the Attorney General’s court.  Regarding the election schedule, Moderator Kelley is going to show up but he may not be in a position to work for sixteen to seventeen hours; he will make sure everything is set up; he has to go easy for thirty days; he’ll play it by ear.  The Selectmen have instructed Administrative Assistant Cressy to take care of the ballot box.  The check in/check out is a little simpler as folks don’t have to declare parties; the absentee ballots need to be done but they are easy to count; the reconciliation afterward has to be accurate; the results have to be in to Concord early in the morning.  Selectman Thompson got a call from someone in town who has a daughter in college; she wanted to register and in order to do that she has to provide an electric bill; college students aren’t going to have that. Moderator Kelley noted that gentleman needs to contact the Supervisors of the Checklist.  Picture identification is going to be enforced for the November election; at the Primary folks were asked to provide it but now they will be required to provide one; there is a list of picture IDs that are acceptable in order to vote; if the voter doesn’t have an acceptable ID the prospective voter has to fill out an affidavit and the vote is counted as challenged.  The Board wants to make sure everyone knows they will be required to provide a picture ID at the November 6th vote.  
  • Town Auditor’s 2011 Financial Report – MS 60  Selectman Thompson, seconded by Selectman Allen, made a motion to accept the Town Auditor’s 2011 Financial Report dated September 11, 2012.  Chairman Dougherty noted the smart thing might be to accept it however he has issues accepting it due to the auditor’s observations regarding the Conservation Commission; those observations don’t belong in a financial audit report; they shouldn’t be part of an objective report and that makes Chairman Dougherty question the entire report.  Additionally, there were some accounting concerns that weren’t included in this report.  Those observations have no place in this report, if the report is accepted then, for the record, those observations are not accurate from a factual standpoint.  Selectman Thompson noted Chairman Dougherty’s concerns are fair but he likes the changes; if the auditor felt these are legitimate financial risks he had an obligation to put those in writing; he understands Chairman Dougherty’s point but at the same time he has made a motion to approve it; he urged the Board to move forward; it’s an historical document once it is approved.  The auditor did the audit to the best of his ability.  Chairman Dougherty noted the overall audit is sound and he appreciates Mr. Mason’s work on it; taken in whole the audit is very thorough.  In regards to the way money is spent at the Library or the Conservation Commission regarding generally accepted practices; he would like to have further discussion about it; the auditor highlighted the issues but didn’t address them.  From the town’s perspective, if the Selectmen don’t accept the audit this evening, they have to reply to the auditor as to why the Board didn’t accept it and then the town has to hire an auditor to do it; Mr. Mason did compromise and toned down the language.  Chairman Dougherty noted that is not an unwise way to proceed but he will vote in the negative and he’s given his reasons why.  Selectman Thompson respects this and understands; Selectman Thompson called for the vote.  There was no further discussion.  The motion passed 2-0-1 (Dougherty in the negative).  The Board thanked Dave Mason for the time he put into this report.  
  • MS-1 Extension Request Form  Selectman Thompson is concerned with how late this looks.  He was informed this is not an issue; the town asks for an extension on filing the form then once the MS-1 is completed it gets sent to the DRA to set the tax rate; the form was due September 1st.  Selectman Thompson noted it may be historical but he wants to know why Jackson asks for it.  Office Administrator Falcey noted the Assessor goes around town to visit a quarter of the properties and he hasn’t completed the work needed; he hopes to be completed by next week at which time Office Administrator Falcey will submit it to the DRA and they will review it and set the tax rate.  Office Administrator Falcey noted it’s typical for small towns not to have the information by September 1st.  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the MS-1 Extension Request Form.  The motion passed unanimously.    
  • Driveway Permit (Map V3, Lot 23)  Chairman Dougherty noted this has been approved by the Road Agent; the abutters have been noticed; culverts are not needed; erosion stone is not needed and there is proper sight distance.  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the Driveway Permit and to authorize the Chair to sign on behalf of the Selectmen.  The motion passed unanimously.
  • Public Comment  Jerry Dougherty would suggest to the Selectmen, when they are appointing an auditor, not to select a former town official; it’s not appropriate.  Chairman Dougherty noted the auditor is an elected position; no one ran and Dave Mason was a write-in.  If there is an appointment necessary it has to be approved by the Supervisors of the Checklist; the Board of Selectmen has no authority even if this is a valid concern.  As a point of information; it is typical for towns to have more than one auditor but rather a Board of Commissioners with up to seven people on the board; the Board should consider this.  Holly asked if the audit was on the process or on how, financially, things are spent; Chairman Dougherty wants a more thorough discussion regarding some of the accounting practices in use; he has an opinion but feels there is not much validity to this report.  Holly clarified she’d like to know what the report is for.  Chairman Dougherty noted a financial audit is done regarding the accounting practices and controls in place regarding how money is spent by a municipality.  The audit doesn’t go into the financial health of an entity nor to expose fraud although that may sometimes be found though the audit process.  Frank would like to add that a very important part of the audit is the focus on internal controls; Frank’s wife, Martha, was the previous auditor and there were a number of guidelines and forms she had to follow; the process looks at internal controls and involves some reconciliation in that closing balances from last year match the starting balance of this year.  Selectman Allen wanted to give kudos to the Fire Department regarding the fire at the Red Fox Pub; they were very professional and did a great job; he was able to get behind the scenes and watch them perform; it was great as was the work of the mutual aid responders; Selectman Thompson thanked Selectman Allen for bringing that up.  Holly would like to make a statement about Mr. Kelley putting safety in front of freedom of speech; that’s important to her; it may be inconvenient for those who want to run for office but it’s a small price to pay.
  • Board Issues  There are none at this time.
  • New Business – Election Shift Schedule  The Selectmen arranged to cover the election shifts; Chairman Dougherty will be at the polls at 8:30 a.m. and will stay as long as necessary; Selectman Thompson will come on at 11:30 a.m. and Selectman Allen will come in for 3:30 p.m.; there may be some overlap on their times at the polls.  
  • Old Business
  • Board Policy  There is nothing new to add at this time.
  • Job Descriptions  Chairman Dougherty recommends this be held; the Board was going to schedule a Work Session on this; the Board agreed to meet on Thursday November 8th at 6 p.m.
  • Bartlett-Jackson Transfer Station  The Board will hold a Public Hearing about the Transfer Station Agreement on October 27th at 7p.m.
  • Implementation of Bartlett-Jackson Transfer Station Agreement Chairman Dougherty thanked Office Administrator for the spreadsheet of information she provided.  The basic modification is in how the two towns split the costs.  Jackson will take the total Bartlett is willing to accept; Bartlett will take the total Jackson is willing to accept and then split it 75/25; it will be reconciled against what has actually been spent.  Bartlett’s Administrative Assistant noted the Selectmen are not meeting until next week; Chairman Dougherty instructed her to have Bartlett Selectmen’s Chair Gene Chandler call Chairman Dougherty when the figures are ready.  Selectman Thompson noted the Board needs to have some clear numbers in writing.
                          
The Board went into Non-Public Session in accordance with RSA 91-A:3 II(e) to discuss Elderly Exemptions at 6:49 p.m.

  • Non-Public Session RSA 91-A:3 II(e) - Elderly Exemption  
The Board returned to Public Session at 7:27 p.m.  Chairman Dougherty noted the Board will approve the October 4, 2012 meeting minutes at the next meeting; the unapproved drafts can be available should someone request them.  

There being no further business the meeting was adjourned at 7:27 p.m.

                                                        Respectfully submitted by:

                                                        Martha D. Tobin

                                                        Recording Secretary