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Board of Selectmen Minutes -- 05/02/2013
Jackson Selectmen’s Meeting
May 2, 2013

Present:        John Allen, Chairman; Bill Lockard, Selectman

Visitors:       Town Assistant Julie Atwell, Administrative Assistant Ella Cressy, Police Chief Karl Meyers, Building Inspector Andrew Chalmers, Hank Benesh, Mary Canty, Mary Howe, Anne Garland, Bill Wogisch, Frank Benesh, Susan May, Kathleen Dougherty, Kathleen Bernie, Susan Chase

Chairman John Allen called the meeting to order at 4:35 p.m.

  • Amend & Approve minutes
  • Selectmen’s Meeting – April 18, 2013  The minutes were approved as written.  
  • Non-Public Session – April 18, 2013  These minutes were already approved and sealed at the meeting; these just require signatures.
  • Public Comments  None
  • New Business #1
  • Great Brook Concern  Anne Garland and Mary Howe brought in several samples of the debris found in the brook.  They went to the Conservation Commission and learned they don’t handle this so they are coming to the Selectmen.  Every fall at the bridge by Whitneys’ sand bags are put in to divert the water into the pond for snowmaking; it’s been going on for several years and in the spring the sandbags are washed down the brook.  Pictures were provided that show this year’s situation.  Of alarm this year is that Black Mountain has been dredging; all the surface vegetation has been cleared between the pond and the bridge; there is no erosion control from the road into the water.  Great Brook was designated Wild & Scenic in 1988; who knows what the toxins are in this debris.  Mary looked to see if she could find Black Mountain’s Wetlands Permit; one cannot be located however if they did have one the question is does it allow for the use of sandbags to divert the water and does it allow for dredging with no erosion control.  Mary has been in touch with the DES.
Bill Wogisch passed on the fact that Conservation Commission Chair Larry Siebert spoke with John Fichera; John told Larry that he has a permit that goes back fifty years to divert water to make snow.  Bill noted no one was making snow fifty years ago.  Common sense says this is wrong; John should have to produce the permit and prove it allows him to do what he’s doing to the brook.  John needs to clean up his mess; this is not right.  Mary noted John has cleaned up the bags but there is still an area exposed and open to the brook.  John hired Jay Henry to bulldoze all that stuff; Bill has seen the mess up there and agrees with the concerns raised.  The Board will keep the documents provided on file.  

  • Police Report  Police Chief Karl Meyers reviewed Department activities since the last meeting; items discussed included; assisting with a boyfriend/girlfriend who have broken up; a report of a rabid raccoon which was passed on to Fish & Game; two false burglar alarms and a report of fireworks being shot off at midnight near Black Mountain; Officers spoke to the owner who agreed to stop.  A report was taken of a suspicious vehicle near a house but it was gone on arrival; a report came in regarding the possibility of several lost rings; the owner is not sure if she set them down or if they were taken.  A seventy year old man fell by the Falls; Officers assisted the Ambulance with that call; a report came in of a lost or stolen camera; a debit card was fraudulently used; a report of the same was taken in January; it was used at the same location in Portland.  Officers assisted the NHCoop with a shut-off at a local motel that turned into a fiasco.
Chief Meyers would like to remind folks to put number signs up on their houses.  The Fire Inspector likes the signs that can be purchased at www.Pride911signs.com for eighteen dollars; Chief Meyers showed everyone a sample of these signs which are green with reflective white letters.  When medical emergencies occur it can take five to ten minutes longer for assistance to arrive when houses are not numbered.  Selectman Lockard pointed out that home numbers are a requirement for Emergency Management.  

Bill Wogisch thinks the sign is gaudy; Mary Canty feels it’s easy to see; Bill can’t argue with that.  Bill and many others in town have their name and house number visible but not reflective or overpowering.  Administrative Assistant Ella Cressy noted when Jackson adopted the 911 numbering system having homes numbered is a requirement; it has to be done; Jackson needs to fulfill those requirements.  Kathleen Dougherty noted when 911 was adopted Jackson changed to all new street signs, most have four-inch letters; that’s all that’s required; it doesn’t have to be green or reflective.  A suggestion was made to fine folks fifteen bucks for not having their homes numbered.

  • Road Agent/Fire Chief Report  Road Agent/Fire Chief Henry is not in attendance; no report was submitted.  
  • Building Matters – Andy Chalmers, Building Inspector  Inspector Andy Chalmers reviewed his activities since the last meeting.  (report attached)
  • Accessory Apartment request Map V04, Lot 02 Michael Weeder  Inspector Chalmers has looked at this; he and Mike have come up with a good solution.  The issued document is a record that this will not be a three-bedroom home with an approved accessory apartment; it will be a one-bedroom home with an approved apartment.  Inspector Chalmers noted there is some language in the Zoning Ordinance that this requires the Selectmen’s approval; the Planning Board may want to look at this down the road.  Selectman Lockard, seconded by Chairman Allen, made a motion to approve the permit.  Bill Wogisch wants to know if this means Mike is going to put a bedroom over the garage; it was explained the garage will become an apartment not a garage.  In order to get the accessory apartment Mike has to abandon two of the bedrooms in the main house; they can be anything as long as there is no bed in them.  Chairman Allen noted the condition of one bedroom in the house will exist until the accessory apartment is removed or the septic system is upgraded.  Bill thinks the house would still have three bedrooms; he was informed the RSA says without a bed it’s not a bedroom; Bill can take the fight up with the state.  There was no further discussion.  The motion passed unanimously.    
  • Building Permit 2013000012 Map V10, Lot 33-A, Burdell, new 2 bedroom 28 x 30 home with a 18 x 28 deck  Inspector Chalmers approved this permit.  
  • Building Permit 2013000013 Map V08, Lot 26-3, Mason, Donald and Patricia, finish interior of building (flooring, ceiling, window casings, tile, kitchen cabinets, electrical and plumbing  Inspector Chalmers has issued the permit for this; it is a home that was started thirteen years ago and they are finishing it.  
  • Update on 41 Switchback Way  Inspector Chalmers has been answering contractor/owner questions for a proposed single-family home.
  • Wentworth Inn (added)  Inspector Chalmers has received an application from the Wentworth for an expansion; they will not meet the Jackson Zoning Ordinance height restriction; they asked for a denial so they can go to the ZBA.  It is considerably higher than allowed but is the same height as the existing building.  
  • Letter (added)  There is a property with a cesspool that appears to be overflowing into the brook that feeds the Wildcat; they have an oil leak in the basement as well; Inspector Chalmers is talking with DES about this and wants to issue a letter letting them know that Jackson has some concerns and to make them aware there is a problem.  Inspector Chalmers is asking the Selectmen for their guidance.  No one is currently using the structure; if he was seeing use then he would be worried about additional contamination.  This has always had seasonal occupancy; the owners come up in the summer occasionally; it was a ski lodge in the ‘60s.  Selectman Allen went up to the property as the Board had a complaint about water going across the road; the town has helped to move the water.  Selectman Lockard asked who is telling Inspector Chalmers to write a letter; DES Code Enforcement said to write the letter.  The other option is to have the state descend on the owners and that does no service to anyone.  Frank noted the property is for sale; he urged the Board to get this on record before a transfer occurs; Inspector Chalmers agreed.  Selectman Lockard wondered if the house could pass title in its current condition; Inspector Chalmers noted it can; the new owner may want to take it down.  Selectman Lockard feels the assumption is that in buying a house you get the house; the owner wouldn’t sell it to not use the house.  There is no requirement they have a functioning system.  Frank noted that’s another reason to send a letter; if the owner has to sign a disclosure letter they can’t say they have no knowledge.  The Board agrees to have Inspector Chalmers issue a letter.    
  • Timber Tax
  • Operation 12-231-09 THAN Unit #5 Timber Tax Levy  Selectman Lockard, seconded by Chairman Allen, made a motion to approve the Timber Tax Levy for Operation 12-231-09 THAN Unit #5.  The motion passed unanimously.  
  • Operation 12-231-10 THAN Unit #3 Timber Tax Levy  Selectman Lockard, seconded by Chairman Allen, made a motion to approve the Timber Tax Levy for Operation 12-231-10 THAN Unit #3.  The motion passed unanimously.  
  • Operation12-231-11 THAN Unit #9 Timber Tax Levy  Selectman Lockard, seconded by Chairman Allen, made a motion to approve the Timber Tax Levy for Operation 12-231-11 THAN Unit #9.  The motion passed unanimously.  
  • New Business #2
  • Great Brook concern  Previously discussed, see agenda item 3 a.
  • Treasurer matters  Administrative Assistant Cressy would like to know when the Board wants this posted; the Board wants it out immediately, in a separate ad.  
  • Mirror Lake Lamppost replacement  This will go on the agenda for the next meeting; Selectman Thompson is working with Road Agent/Fire Chief Henry on this.  Apparently a fire truck hit the lamppost however it’s very tight up there and perhaps the lamppost shouldn’t have been there in the first place.  This was tabled until the next meeting for input from Fire Chief Henry.  
  
  • Charitable Exemption Requests (Recommended action is enclosed for each from Jason Call, Assessing Agent)
  • New Hampshire Public Radio Map R17 Lot 31B-B02
  • New England Forestry Foundation Map R30 Lots 4 and 7
  • Upper Saco Valley Land Trust Map R12 Lot 56
These items were tabled for the next meeting so the Board can review the statutes to meet charitable entity status before making a decision.  

  • Slippery Brook Road Repair Project information  This is repair from the damage that Hurricane Irene did.  This is a report provided for the Board to review.    
  • American Air Maintenance Proposal  This contract has already been approved; the document needs to be signed.  Selectman Lockard, seconded by Chairman Allen, made a motion to authorize Chairman Allen to sign the American Air Maintenance Proposal.  The motion passed unanimously.  
  • Christmas Farm Inn Liquor License (added)  The State Liquor Commission has received a request from Gary Plourde as manager to renew their license.  The town has not had any issues with this locale.  Selectman Lockard, seconded by Chairman Allen, made a motion to give Christmas Farm Inn permission to continue serving liquor at their location.  The motion passed unanimously.    
  • Old Business
  • Board Policy  The Board needs to schedule a Work Session on this.  This was tabled.   
  • Board openings  This is tabled until the full Board is in attendance.  
  • Job Descriptions  The Board needs to schedule a Work Session on this.  Town Assistant Julie Atwell has begun working on Administrative Assistant Cressy’s job description.  This was tabled.
  • Shaw & Chase water drainage matter update  Chairman Allen noted he sent e-mails to Town Counsel Malia but Counselor Malia didn’t get them; he’s left a message for  Counselor Malia but he’s not called back.  Susan would like to know how the meeting went with Brian Shaw.  Chairman Allen noted it was very good; the suggestions discussed were sent in the lost e-mail.  Chairman Allen sincerely apologizes to Susan for the delay; he’s really trying to get this done; he feels the changes Brian requested are something that can be managed; he hopes to have this agreement sealed very soon; hopefully by the next meeting in two weeks.  Susan would like anything the Board is working with so she can send it to her attorney.  Susan also brought in the information from the discussion on 2/12/12; Jackson’s attorney will want that as Susan’s attorney was at that meeting.  
  • Public Comment  There were none.
There being no further business, the meeting was adjourned at 5:25 p.m.

                                                        Respectfully submitted by:
                                                        Martha D. Tobin
                                                        Recording Secretary