Jackson Selectmen’s Meeting
February 14, 2013
Present: Jerry Dougherty IV, Chairman; John Allen and Bob Thompson, Selectmen
Visitors: Administrative Assistant Ella Cressy, Hank Benesh, Sue Chase
Chairman Dougherty called the meeting to order at 4:35 p.m.
- Unseal Lewis Litigation Non-Public Session Minutes Selectman Allen thought there were a couple of things that might need to be redacted or kept non-public. Chairman Dougherty had a concern regarding the minutes of the Non-Public Session on September 27, 2012. The October 4th minutes are missing as these have not been approved yet; there are changes to be made but there’s nothing in those that would prevent them from being disclosed now and approved at the February 21st meeting. Selectman Thompson had thought the minutes were missing key elements of the discussion however he was mistaken; the discussion he was looking for took place on September 27th; he has no concerns with the minutes of October 4th. Selectman Thompson, seconded by Selectman
Allen, made a motion to unseal the Lewis Litigation Non-Public Session Minutes from June 23, 2011 through May 22, 2012. Chairman Dougherty needs to speak with the person involved in the minutes of October 4th to see if it’s alright to release the minutes as is. There was no further discussion. The motion passed unanimously.
- Shaw & Chase water drainage matter Chairman Dougherty got the information to Town Counsel Peter Malia who prepared an Indemnification Agreement, presented tonight as a draft; if it’s okay with the Board then Chairman Dougherty will fill in the details Counselor Malia didn’t have, allow Brian Shaw to review it and if it’s okay with him then the Board will execute it.
Sue Chase has two short items to read into the record; she hadn’t read the draft before she wrote them.
For Selectmen’s meeting February 12, 2013
To protect Susan Chase and the Town, the Shaw permit should require that the detention pond is to function as designed.
If the pond does not function as designed and you have let Brian Shaw “off the hook”, I do not want this problem to be my problem. Therefore I look to the Town to be ultimately responsible for the proper function of this pond.
The second statement represents facts.
Burr states that Shaw detention pond only discharges the amount of water as would flow through a garden hose. Burr states the pond only discharges a “trickle”.
Water is still flowing under and around the pond outlet pipe into the road culvert because the pipe was never sealed properly.
Water will flow directly over the low spot on the pond edge into the road culvert when the pond is full. This water is the result of rain and runoff resulting from the excavation through the wetland and exposing springs on the driveway north side.
The ditch constructed by Sue Chase appears to carry Burr’s “trickle” and the amount as would “flow through a garden hose” satisfactorily.
Sue feels it’s important for the Board to add that the pond should function as designed to the Indemnification Agreement; she does see it as a wonderful first step after three years.
Selectman Thompson wants to know, if the pond is not functioning as designed, where the discharge of water would flow; it was explained the water would flow onto Sue’s property on the east side. Selectman Thompson wondered if that is already covered with the wording. Chairman Dougherty is not sure it’s covered with this wording; that is something Brian will always be responsible for. Sue will give the draft to her attorney; the pond functioning as designed is important. Selectman Allen assured Sue if the pond fails it is Brian’s responsibility.
Chairman Dougherty noted this Agreement is about the culvert that goes underneath the road and the origination of the water going through it; the pond functioning properly is outside the scope of what this Agreement is about. If there is something in the pond that is causing the culvert to not work that’s one thing; if the pond doesn’t function and causes issues on the east side; that has nothing to do with this. The town is still concerned about the pond functioning but this Agreement is just regarding the culvert. Sue wants assurance that the pond isn’t going to overflow or go into the road culvert; she wants to make sure any overflow goes through the Shaw’s drainage system.
Chairman Dougherty will bring Sue’s statement to Counselor Malia but the town doesn’t want to give Brian indemnification for the function of the pond; if the town puts that in then it implies the town indemnifies the pond functioning properly. The Board wants to keep the authority of the town as far as having that pond perform properly.
Sue wondered if this means if there are issues, rather than going to Brian she has to come to town; this was affirmed. As Brian has yet to see this document, Sue noted the Board can’t really make alterations after the Board presents it to him. Chairman Dougherty noted this document is a draft; it’s an agreement between the town and Brian Shaw; to be fair Brian should have input of it. This draft is almost the exact same language as was shown to him before; he has seen most of this it’s just a different presentation. Chairman Dougherty will run it by him and see how he feels.
Sue thanked the Board for bringing this forward; she was disturbed that she hadn’t heard anything since September; there were meetings when she was on the agenda and didn’t know about it. Chairman Dougherty bears the responsibility for this taking so long.
- Other Business Prior to Administrator Diane Falcey leaving, Administrative Assistant Ella Cressy has planned a vacation for the week of March 18th. She will be totally unreachable during that time and before she finalizes her plans she wants to make sure it’s okay to go or if the Board will want her to reschedule. The Board agreed there is no reason for Administrative Assistant Cressy to change her plans; the Board will make sure the Office is covered that week. Administrative Assistant Cressy thanked the Board.
- Non-Public Session
Selectman Thompson, seconded by Selectman Allen, made a motion to go into Non-Public Session in accordance with RSA 91-A3, II(a) to discuss a personnel issue at 4:53 p.m. The motion passed unanimously.
- RSA 91A:3 II(a) – Personnel
Respectfully submitted by:
Martha D. Tobin
Rec
| 
