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Board of Selectmen Minutes -- 04/04/2013
Jackson Selectmen’s Meeting
April 4, 2013

Present:        John Allen, Chairman; Bob Thompson and Bill Lockard, Selectmen

Visitors:       Administrative Assistant Ella Cressy, Police Chief Karl Meyers, Grammar School Principal Gayle Dembowski, Hank Benesh, Building Inspector Andy Chalmers, Engineer Burr Phillips, Sarah Clemons, Mary Canty, Huntley Allen, Joyce Allen, Arthur Couture, Bill Wogisch, Kathleen Dougherty, Paul Keene, Susan Chase, Frank Benesh, Larry Seibert, Tish Hamlin
        
Chairman Allen called the meeting to order at 4:32 p.m.

  • Amend & Approve minutes
  • Selectmen’s Meeting – March 21, 2013  The spelling of someone’s last name was corrected; there were no further corrections.  The minutes were approved as amended.  
  • Non-Public Meeting – March 21, 2013  These were approved and sealed at the meeting; the Board signed the minutes.
  • Selectmen’s Meeting – March 28, 2013  The minutes were approved as written.
  • Non-Public Meeting – March 28, 2013  These were approved and sealed at the meeting; the Board signed the minutes.  
  • Public Comment  Huntley Allen would like to be part of the Committee being formed regarding the hire of a Building Inspector.  Chairman Allen noted there is no time frame for forming the Committee but he will let Huntley know.  Selectman Thompson noted the position is that of a town employee as opposed to a contractor; the Committee will be responsible for making recommendations to the Board regarding how that should look.  Huntley’s issue is that Jackson has a Building Inspector that doesn’t cost the town anything; by making that position a town employee the town is dealing with a lot of other costs.  As a taxpayer, he doesn’t feel that Jackson should have one.     
Sarah Clemons feels the Board should state on a monthly basis, and include in the minutes, information about the lawsuits being pursued by people in the town against the town; she’d like to see what our neighbors are doing to us.  Chairman Allen will provide information as he is able.  Selectman Thompson noted the Board will have to clear what it can release through Town Counsel.  Sarah clarified that she is not asking for details; she just wants the monetary costs; it shouldn’t be too hard to provide a monthly tab on this.  

  • Police Report  Police Chief Karl Meyers reviewed Department activities since the last meeting; some items included assisting the Ambulance with an elderly female on the floor in her bathroom for about nine hours; fingerprinting a resident for SAU #9 purposes; one false burglar alarm; a call came in for suspicious people looking into the windows of a building.  This turned out to be a father and son looking around at a commercial building.  The ACO handled a canine complaint on Tyrol; there was a minor accident in a restaurant parking lot and Officers assisted a gentleman with a civil complaint.  A barking dog complaint was taken up toward the top of Switchback; a criminal mischief complaint was taken regarding a garage window being broken; a report came in about a loud boom; it was a Coleman truck that blew a tire.  At the last meeting Chief Myers discussed the damage to the  cruiser; it has passed inspection, the insurance of the person that struck the cruiser is making good on the work; the cruiser will be going into the  auto body shop next week and then will be back in service.  Administrative Assistant Ella Cressy asked if the town reported this accident to Jackson’s insurance company; when she learned it had not she asked for a copy of the insurance report to send on to Jackson’s insurance even though the other insurance company is handling these repairs.  Chief Meyers returned to the report.  Officers assisted a motorist with a flat tire; there was a house fire on Black Mountain Road; the Fire Company did an outstanding job; the Department put out a letter regarding Bartlett getting hit with many burglaries; they have identified a car that may be associated; it is a Toyota Yaris.  Officers are keeping an eye on homes for some folks who are away on vacation; there was a 911 hang-up that was an accidental call.  
  • Road Agent/Fire Chief Report – Wage increase sheets for Fire Dept  This is a document for the Board to sign only.  
  • New Business Part #1  
  • **Gail Dembowski**  This was moved up on the agenda.  Grammar School Principal Gail Dembowski reviewed current demographics and enrollment.  The town has a great school; Jackson is a great place to work and for kids to go to school.  This is her 5th year; Jackson’s birthrate is dropping; enrollment is going down.  She feels the town should put the word out that this is a great community with a great school.  The School is having a brochure put together for parents which will also go to Realtors and the Chamber in an effort to attract families with children to the town.  There is an Enrollment Task Force meeting once a month and she would like a member of the Board to participate; the next meeting is May 23rd at 4.  Principal Dembowski will also attend a local Realtors breakfast to present them with copies of the brochure.  Selectman Thompson asked what the current enrollment is; it was forty-six but there were four new kids that moved in so now enrollment is at fifty.  She is aware of some other families contemplating moving into town.  Current projections would have enrollment down to twenty if new children do not move in to town.  Selectman Thompson is the only one who can attend; he will discuss this further with Principal Dembowski as he may not be able to make the 4 p.m. time.   
Tish Hamlin noted the Whitney Center Committee would like a member from the Selectmen attend, too.  The Committee meets four to five times a year; around 4 pm. But can be flexible with the start time.  Selectman Lockard will take this Committee seat.  

Tish would also like to point out that every school in the Valley has a declining population; it doesn’t take that many children; one family could make the difference.    

  • Building Matters – Andy Chalmers, Building Inspector
  • Town Hall Renovation Building Permit  As the town is the owner; it is not necessary to have a motion to approve the permit.  The Selectmen signed the permit, as recommended by the Building Inspector.    
  • Update on Francis Ave, Terry  Inspector Chalmers has met with the owner; the denial letter has been sent and the owner is headed to the ZBA for a variance.  
  • Update on Black Mt Rd., Evans   The denial letter went out and the owners are already working with the ZBA to apply for a variance.  
The Huntley’s would like to know what the status of the project on Green Hill Road is; this is on the agenda further down but was moved up to accommodate the public’s concern.  

  • New Business Part #2  
  • Update on Green Hill Rd., Couture  Arthur Couture (Sonny) is committed to meet any of the town’s concerns; he wanted to put a face to the issue.  Selectman Thompson noted this cropped up because some folks were wondering what the status is.  Engineer Burr Phillips noted Sonny has been working on this project for a while; Sonny has submitted an Alteration of Terrain permit to the state; a wetland permit has been submitted to the state and has been passed on to DES.  The driveway permit needs to be completed; this is a tricky access; it might be better for him to submit a plan that meets town regulations then one that is reasonable and then look at how to build it.  This property also has a frontage issue; there’s no frontage on a town road; and the state RSA prevents building without road frontage; this means another trip to the ZBA.  Sonny has an easement but that doesn’t count; it’s a steep site so there will be a lot of cuts and fills; Engineer Phillips hasn’t seen the plan.  Only a roughed in logging road has been cleared; Sonny had a wetland scientist out there; he made sure he stayed out of all the wetlands.  The application is in and accepted as complete by the state; it’s been taking up to three months but they don’t have a lot going on right now; Sonny got a date of thirty days.  So far, Engineer Phillips has had some phone calls and minimal involvement; he wondered if the Selectmen want him to review the application.  Sonny also recognizes that the Conservation Commission had concerns; Sonny has hired two environmental engineers to look at his site.  From Engineer Phillips point of view; this permit and application will cover anything the town would require.  
Larry noted the Conservation Commission got an expedited permit; they didn’t sign it because they hadn’t seen the permit application; after seeing all the documents involved, he knows DES will make sure it’s done right and Sonny has gone above and beyond what was required.  

Sonny noted the site will also be monitored when there is a rain event; so the work can be tweaked if necessary.  

  • Permission for Library to go ahead with garden project as proposed at December 6, 2012 meeting  The Selectmen have the proposal; at the last meeting there were a couple of trees that Thom Perkins thought might infringe upon the ski trails.  Roger Aubrey went out to the present ski trail and marked it on the Library plan; they know that they will not be infringing on the trail.  Chairman Allen asked if this has been run by Thom; Joyce will touch base with him.  Road Agent Henry had no particular concerns.  Selectman Thompson, seconded by Selectman Lockard, made a motion to give permission for the Library to go ahead with the garden project as proposed at the December 6, 2012 meeting.  The motion passed unanimously.    
  • Valley Vision  Administrative Assistant Cressy asked if the Selectmen want someone from Valley Vision to come to a meeting to discuss this.  Hank would like to know if he would still be doing the filming.  Chairman Allen doesn’t see why not; Selectman Thompson noted that’s what they need to discuss with Valley Vision.  Administrative Assistant Cressy will have them for the next meeting.  
  • $75 request for flags from Bartlett VFW  This item was passed at the last meeting; Bill Wogisch would like to pay for this for Jackson’s cemeteries.
  • Board openings  Administrative Assistant Cressy has a list from the Town Clerk, however as she reviewed the list it became clear the list was not accurate.  This is what Town Clerk Heidmann is ready to submit to the state; she needs local input; Larry noted the Chairs were not asked about openings.  Selectman Thompson noted the Board needs to identify what the town’s needs are and post it in the paper; Administrative Assistant Cressy noted Town Clerk Heidmann handed this to her today; it states the Town Clerk certifies these openings.  The Board will give this form back to Town Clerk Heidmann and request she contact the Chairs.  
Larry noted the Boards and Committees are behind the gun; he feels the Board should give Administrative Assistant Cressy or Town Clerk Heidmann the authority to post the openings; Larry is going into the Conservation Commission’s first meeting missing a person.  Selectman Thompson doesn’t see a reason not to wait until May to fill these.  Larry noted the RSA asks that the positions be filled in April.  Selectman Thompson would rather be thorough than quick; the Board can call a special meeting if necessary to make sure this is done right.  

Administrative Assistant Cressy pointed out there is an error in the Clerk’s amendment to the article; Selectman Thompson will go over this with Town Clerk Heidmann.  

  • Old Business #1
  • Shaw & Chase water drainage matter:  Shaw reaction to draft  Susan Chase provided email discussions, pictures and drafts that have gone back and forth.  Engineer Phillips is concerned that the town is considering signing a release; the Board reviewed the situation.  Engineer Phillips doesn’t believe the town should enter into this agreement as written.  Engineer Phillips noted the town doesn’t want to be responsible if there’s a failure; he’s tried to do everything properly but he wouldn’t see any other town signing a release.  Susan noted Brian doesn’t want to be held responsible for damage to her property if his system design fails; her attorney says absolutely do not sign it.  This has nothing to do with Susan as it is an agreement between Brian and the Town of Jackson.  Selectman Thompson feels the contract should be reviewed by Counselor Malia.  Chairman Allen noted this whole release is contingent on the pond working properly; he would think not maintaining the pond would void the agreement.  Engineer Phillips noted the Selectmen shouldn’t have the town take on the liability for something on town property; the town owns the maintenance of the water from the culvert; with Susan’s permission.   Susan noted the Board approved the project and Brian is saying he can do anything he wants.  The Board hopes to have an update for the next meeting.  Susan will be notified by email if she is on the agenda.  
  • New Business #3
  • Sign Town Meeting Minutes  Administrative Assistant Cressy has reviewed these; the minutes are fine but the warrant article total at the end has to be redone.  Administrative Assistant Cressy’s figure is the same as she got when she went through the warrant with MRI.  Selectman Thompson would like to read the minutes first; this was tabled.  
  • Sign MS2, and MS6  Selectman Thompson, seconded by Selectman Lockard, made a motion to sign the MS2 document for the DRA.  The motion passed unanimously.  
Selectman Thompson, seconded by Selectman Lockard, made a motion to sign the MS6 document for the DRA.  The motion passed unanimously.

  • Northtown Associates 2013 Assessing Services contract  This is the contract with Jason; the five-year re-evaluation is due in 2014.  Selectman Thompson, seconded by Selectman Lockard, made a motion to approve the Northtown Associates 2013 Assessing Services contract.  The motion passed unanimously.  
  • Investment Policy for 2013 signatures  Selectman Thompson, seconded by Selectman Lockard, made a motion to sign the Investment Policy for 2013 as recommended by Treasurer Schomaker.  The motion passed unanimously.  
  • Health Inspector (added)  Police Chief Meyers and Fire Chief/Road Agent Henry submitted a letter to the Board; it is as follows:
Dear Selectmen Town of Jackson, N.H.

Possible New Appointment

This letter is being submitted on behalf of the Jackson Town Department heads which have signed below.  We would like to make the recommendation that the Town of Jackson combine the duties of the Health Officer and the Emergency Management Director (EMD) into one new position and job description.  As demonstrated by recent storm and fire events, greater demands are being placed on these positions, and continued State and Federal requirements demand extensive documentation and enforcement of rules and regulations which require a high level of qualification and experience to deal with.

Fire, EMS, and Police, need a qualified and experienced individual to better coordinate, pre-plan and execute complex responses to larger scaled emergency events.  Health officer duties are often needed to insure that food service, and lodging establishments are actively being inspected to insure that the public health is protected and to coordinate the proper handling and disposal of any items that be questionable as a possible result of a fire, or loss of power incident common in a weather related emergency.

As a result, we the undersigned feel that a single individual qualified to function as both the Heath Officer/EMD would be extremely beneficial to a town of this size; it would offer better coordination, easier communication, more accountability and result in better service to citizens of Jackson.  

As Department Heads for the Town of Jackson, we feel it would be appropriate to combine these two position(s) and have several candidates in mind.  It is difficult to predict the quantity of hours necessary for this position to work, as it could range from several hours a month to several hours in one large scale incident.  It is therefore our recommendation that Mr. Tom Greig be Appointed (sic) as the new Town of Jackson Health Officer/Emergency Management Director.  Mr. Greig is a retired State of Rhode Island EMS director and has extensive experience in emergency services and Public Health related fields.  His experience and qualifications and willingness to serve make him a prime candidate.

In closing, we hope that you will consider our recommendation and interview Mr. Greig for the position.

Respectfully
                Karl Meyers
                Jay Henry

Bill Wogisch asked who the current Health Officer is; it has been Jim Davis.  Selectman Thompson noted the town has run into issues with not having a health inspector available when needed.  

Selectman Lockard noted he and Road Agent/Fire Chief Henry had spoken about this; he thinks it is fine; but the Selectmen should understand who the person is so they have some basis to understand why he’s a better option.  Selectman Thompson feels this should be posted; the Board doesn’t know the level of Mr. Greig’s interest.  This will be tabled to the next meeting; Larry suggested the Board get guidance from the LGC on combining these positions.  

  • Old Business #2
  • Board Policy  There is nothing new on this tonight.  
  • Job Descriptions  Selectman Thompson thanked Larry for the input regarding going to the LGC about the combined Health Office/EMD; there will be a new job description needed for that; as soon as town staff are up to speed the Selectmen will be able to move forward with this.  They have Job Descriptions for the Department Heads.  Chief Meyers is really interested in moving forward with creating job descriptions for his officers.  Selectman Thompson would like to see the Board set a goal to have all of these in place by the first of June.  
  • Hiring of new employee  Selectman Thompson, seconded by Selectman Lockard, made a motion to hire Julie Atwell as Town Administrative Assistant.   Chairman Allen noted the Board had two committees that interviewed four applicants; Julie Atwood was the recommended applicant; she is very excited to start working; she is from Seattle originally and lives in Glen; her husband is a local boy; she has worked for a CPA firm for a while; she doesn’t have much municipal experience but has good computer knowledge.  Larry asked when she would start; Chairman Allen noted it would be two weeks from today.  MRI will come down to train her and get her up to speed; it’s a good fit and she has a great personality; she is very outgoing, open and knowledgeable.  Bill asked who she will be “assisting” and was informed Julie will work for the Board.  There was no further discussion.  The motion passed unanimously.  
  • Public Comment  Huntley asked how the Board can sign the COO for someone that didn’t follow the rules then have someone like the Bensons who did everything and the Selectman wouldn’t sign that one.  It was explained that the Building Inspector will be signing COOs from now on based on the Article that was passed at town meeting.
Bill noted the Shaw/Chase issue has been dragging out too long; he’s tired of hearing about it; there has to be give and take; he’s worried about the town getting too involved in something that is not its responsibility.  Bill feels Susan and Brian need to work this out.  Sue wants to be paid and hold Brian responsible forever; Brian has tried to be reasonable about this; Brian shouldn’t be married to Susan about this and it’s costing the town enough money for something that has been dragged out; Susan is being a bit unreasonable; this needs to be resolved.  

The Board went into Non-Public Session in accordance with RSA 91-A3, II(e) at *6:15 p.m. to discuss litigation.


Respectfully submitted by:

Martha D. Tobin

Recording Secretary