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Board of Selectmen Minutes -- 06/20/2013
Selectmen’s Board Meeting
June 20, 2013

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

Visitors:       Town Office Administrator Julie Atwell, Police Chief Karl Meyers, Emergency Management Director/Health Officer Tom Greig, Building Inspector Andy Chalmers, Mary Canty, Kathleen Dougherty, Joan Aubrey, George Howard

Chairman John Allen called the meeting to order at 4:32 p.m.

  • Amend & approve minutes
  • Selectmen’s Meeting – June 6, 2013  The minutes were approved as written.
  • Update on 6.6.13 Action Items
  • Purchase delinquent property for $1 versus tax lien  Selectman Lockard talked with Town Clerk/Tax Collector Heidmann; it’s probably easier to take the property rather than starting a new process.  She is quite far along in the current process.
  • Personnel Policy  The Paid Time Off Policy has been finalized and will be done tonight.
  • Wildcat River Erosion control  Ken Kimball’s position is that the Zoning Ordinances aren’t geared towards new construction.  Selectman Thompson doesn’t know as this can be put off to a later date; the owners would like to get work done this year.  He wondered if this should be run by the LGC before the Board makes a conclusion as to whether these Zoning Ordinances apply to what they are trying to do regarding river erosion.  Chairman Allen and Selectman Lockard would like a legal opinion.  Whether it’s the LGC or Town Counsel it’s going to be a gray area no matter what; the Board will get advice from the LGC to get a better idea of how to apply the ordinance.  The town has a scenic river that is threatening to recourse itself; this would have a major impact on the golf course and Jackson Cross-Country; the Board needs to be sure these ordinances apply.  DES is involved.  If the Board denies the application they would have to go to the ZBA.  Inspector Chalmers has no input on this as he’s not aware of the discussion.  Selectman Thompson noted there are a couple of Zoning Ordinances that could or could not apply to efforts to restore the course of the Wildcat River where it is threatening to go around the bridge.  The folks involved came to the last meeting to look for guidance on interpreting 12.6 and 12.7 regarding river situations that are threatening to alter their course; Selectman Thompson would love to hear Inspector Chalmer’s opinion at a later time.
  • Thank you letter to the power company  The letter regarding the speedy response to the storm on June 2, 2013 has been done.  
  • Shaw/Chase  A copy of the recommendations has gone to Brian Shaw.  
  • Knotweed  The Board has received emails of concern about the town’s plans to spray knotweed.  The Committee has already been organized and had its first meeting.  The next meeting is next Thursday (June 27) at 11 a.m.  Selectman Thompson noted the meeting will start in the Town Office but the committee may go out on tour; he hopes all the Selectmen can attend.  Road Agent Henry also suggested the road crew should attend.  Everyone on the committee has agreed that the facts will drive the recommendation.  
  • New Office Hours  The new Office hours have been posted in the e-news and have gone into effect.  
  • Legal costs  Town Office Administrator Atwell continues to review records back to 2008.
  • Letter to Fritz  This is the letter regarding the septic agreement for the Old Library Building.  
  • Letter to support fix for Wildcat  This is a letter to DES supporting the proposed erosion plan.
  • Change check signors from three to two  This has been done.
  • Payroll  Online payroll transfer has been set up.
  • New Grader  The funds for the new grader have been transferred.  The CAT serviceman has been out to see it; everybody is feeling really positive about the choice the town made.  
  • Funds owed by Bartlett  Town Office Administrator Atwell has been in contact with Bartlett; a check is being issued.  
  • Mirror Lake Lamppost replacement  Sarah Duffy is trying to get quotes.
  • Sound System  The Board will continue to look into getting a sound system based on the concerns raised at the Memorial Day ceremony as well as concerns with it being difficult for some to hear in the meeting room too.  
  • Update Master Plan  The Board needs to schedule a work session.
  • Public Comment  George Howard noted the Wildcat was designated Wild & Scenic in 1988; for ten years a local commission attempted to come up with an agreement between the Town and the Forest or Park Service; he doesn’t know if this ever came to a conclusion or not.  This is the same situation at the golf course involving the same bridge and sand bar and it went back to either the Forest or Park Service as the administrator of the Wild & Scenic program; they approve or disapprove the work.  
George is also interested in the implementation of the building code; Chairman Allen noted the Board needs to set up a Work Session to generate the job description for the Building Inspector; the job follows the job description.  

Selectman Thompson noted the other detail here is to come to an understanding about what the building permit application is going to look like.  The Board made minor changes last year with the understanding that they needed to look at what other towns do.  This has been on the back burner; he expects to make major progress on this.  Folks thought this would happen soon after the vote but that was not the Selectmen’s intent; it is better to do properly rather than speedily.  George noted the procedures are a concern; there is a whole smattering of items out there and he doesn’t want to be guessing.

  • Police Report  Police Chief Karl Meyers reviewed Department activities since the last meeting; some items included aiding an elderly gentleman; three 911 calls that turned out to be kids playing with the phone, a house burglary; a trespassing complaint and five false burglar alarms.  Officers assisted the Ambulance with a subject that fell at the tennis club and suffered a hip injury.  There have been numerous calls regarding bears in dumpsters; there was a car parked for several days on Main Street; the plates expired in January so that vehicle was removed; there was a motor vehicle accident by the gas station; a sink hole was reported on Tin Mine Road and there was a car chase from Jefferson that Jackson Officers responded to.  The juvenile t-boned a cruiser in Bartlett.  Chief Meyers can’t speak highly enough of the usefulness of having the video-cameras in the cruisers; from the time Jackson jumped into the chase to the accident is all on tape so there is no question of what happened.  Selectman Lockard would like to know more about the break-in; this occurred a couple of weeks ago off Eagle Mountain Road; nothing was taken.  
  • Building Matters – Andy Chalmers, Building Inspector  Building Inspector Chalmers noted there have been a few permits issued since the last meeting.  Most are straight-forward.  The Rockwell’s are replacing windows, siding and doors; the Armstrong’s are putting on a new roof; the new manufactured home for Holmes is to replace a fire-damaged structure; the Sincere’s are remodeling an existing structure to add a new entrance, new garage bay and new bedrooms.  The Terry application was originally denied as was the request for a variance.  They have now flipped the second story addition so it is out of the setback.  
  • Building Permit 2013000025 Map V08 Lot 27- (Owner - Rockwell) – Replace windows and doors and small section of pine siding
  • Building Permit 2013000026 Map V02 Lot 8, (Owner – Armstrong) – Put new roof on existing home
  • Building Permit 2013000027 Map R12 Lot 50, (Owner – Holmes) – Erect a new single family 2 bedroom 28 x 40 manufactured home
  • Building Permit 2013000028 Map R18 Lot 45, (Owner – Terry) – Enlarge bedroom space to 16 x 20
  • Building Permit 2013000029 Map R09 Lot 28, (Owner – Sincere) – Remodel existing structure – new entrance – new garage bay – new bedrooms
Inspector Chalmers also wanted folks to be aware that Town Office Administrative Assistant Cressy is saving files electronically through Avatar; soon folks will be able to see what has been inspected.  This is currently only on the one machine but the plan is to get another set up so folks like Assessor Call can get into the system and make notes and amendments while offsite; Wolfeboro is using the system in this way and it’s working well.  

Chairman Allen asked if the current process is going pretty smoothly; Inspector Chalmers thinks it is; this process has taken some of the angst out of it; contractors don’t have to wait for two weeks to get their permits.  Everybody seems to understand the permitting process; Inspector Chalmers is getting fewer calls; it seems to be a good system.  

Inspector Chalmers and his liaison, Selectman Thompson, have had some discussion about accessory apartments which included discussion about a recent approval.  Some folks think a different standard was applied.  The process has not changed; everything depends on the septic capacity; if the system is adequate to support what the property-owner is proposing and the system has received an approval from the state within the past twenty years it’s allowable; if the system doesn’t meet the criteria then the property-owner has to do something else.  In the case folks are questioning the applicant made a bedroom and kitchen in the garage; that makes this a dwelling unit and, in this case, the applicant gave up two bedrooms in the house to make the septic capacity work.  This is documented and when anyone looks at the property it will be listed as a one-bedroom home with a one-bedroom accessory apartment on the tax card.  Selectman Thompson noted Inspector Chalmers had asked to have this discussion in an open forum so all could hear it; the applicant received no special treatment which was raised as a concern.  Folks were wondering how this happened without a septic upgrade; it happened because the owner agreed to take two bedrooms out and the tax card has been adjusted.  The accessory apartment is less than one-thousand square feet and the applicant met the requirement.  Selectman Thompson wanted the whole issue of favoritism addressed in an open meeting; anyone who wants to take the same steps could have the same outcome.  Inspector Chalmers noted there has only been one denial for an accessory apartment and that was due to a septic issue; the denial was overridden and the apartment is in use today.  Selectman Thompson would like to know how it was determined that two bedrooms had to be given up; is there some formula?  Inspector Chalmers talked to Engineer Phillips; there is a formula and each system is different; the calculation starts out with the capacity of the system and adding in one bedroom and a kitchen essentially equals two bedrooms.  This gives the applicant’s son a place to live while paying off his college debt.

  • White Mountain Oil Contract – Sign  The Selectmen already took the vote to go with White Mountain Oil; this is the contract which requires the Chairman’s signature.  Selectman Thompson, seconded by Selectman Lockard, made a motion to allow Chairman Allen to sign the White Mountain Oil contract.  The motion passed unanimously.  
  • Timber Tax - Operation 12-231-13 (Adams St Realty Trust) Timber Tax Levy – Sign  Selectman Thompson, seconded by Selectman Lockard, made a motion to approve the Timber Tax Levy for Operation 12-231-13, Adams St. Realty Trust.  The motion passed unanimously.  
  • Entertainment approval letter for Inn at Thorn Hill – Sign  At the last meeting the Board approved the liquor license; this one if for entertainment; the state requires one for liquor and another for entertainment.  Selectman Thompson, seconded by Selectman Lockard, made a motion to sign the entertainment approval letter for Inn at Thorn Hill.  The motion passed unanimously.  
  • Liquor License approval for Red Fox Bar and Grille – Sign  This is a request to serve liquor outside on Thursday July 18, 2013 in a temporary tent set up for that purpose.    Selectman Thompson, seconded by Selectman Lockard, made a motion to sign the Liquor License approval for Red Fox Bar and Grille for July 18, 2013.  The motion passed unanimously.
  • Revised - Letter to the Trustees of the Trust Fund – for the grader – sign  The Board approved this revision and signed the letter but Chairman Allen believes he absconded with it.  The Board signed the revised letter to the Trustees of the Trust Fund for the grader.
  • Letter to Fritz Koeppel regarding the Old Library Easement – sign  Joan Aubrey has the letter for Fritz Koeppel regarding the Old Library Easement; the town has agreed to cover the fees previously approved up to the amount of one-thousand dollars.  On June 12th the Chapel Associations Board of Directors voted unanimously to support the plan.  The project needs to get final approval from the state and then the Committee will start getting bids.  Regarding the possibility of getting water across the street for the Historical Society, Engineer Phillips did not recommend putting a fire hydrant so close to the river. Selectman Thompson, seconded by Selectman Lockard, made a motion to sign the letter to Fritz Koeppel regarding the Old Library Easement.  The motion passed unanimously.
  • Tax Collector’s Warrant – sign  Selectman Thompson, seconded by Selectman Lockard, made a motion to sign the Tax Collector’s Warrant.  The motion passed unanimously.
  • A/P Manifest to be signed  Selectman Lockard is still concerned about this process; he wants to clarify he believes everybody is honest and truthful; it’s not a question of that.  He wants to make sure that the Department Head has looked at the budget and assured the line has the funds to cover the check.  Town Office Administrator Atwell noted each Department Head is responsible for signing off on the items; they would be responsible.  Selectman Lockard wants to make sure the Office has the information to make sure there are funds available; Town Office Administrator Atwell is not sure Town Office Administrative Assistant Cressy has that.  Selectman Thompson wants to know if there is a way to note on the manifest what’s left in the line so the Board can assure lines don’t go into the red.  Town Office Administrator Atwell is not sure anything like that is set up;  the Board thinks it would be nice to know when taking a look at the manifest that all of these checks had been matched up to line items and the money is available.  Chairman Allen noted there is a monthly balance sheet; the Selectmen are signing the manifests and should make sure there is money in the line item; he thought Treasurer Schomaker had input on that.  Selectman Lockard noted that isn’t the case, hence his concern; the Selectmen are signing off as the fiduciary; by doing so the Selectmen are agreeing the funds are in there.  He feels this would add another check and balance to the process. Town Office Administrator Atwell will check into this.  Selectman Thompson, seconded by Selectman Lockard, made a motion to sign the check manifests from June 3rd, June 10th and June 17, 2013.  The motion passed unanimously.   
  • New Business
  • Safety Committee  It has been brought to Town Office Administrator Atwell’s attention that Jackson used to have a Safety Committee; it has been reestablished and the first meeting will be held on July 10th at 2:30 in the meeting room; in attendance will be all the Department heads plus Emergency Management Director/Health Officer Greig plus a few others (Police, Fire, EMS, Library); these meetings are required quarterly.  It would be great to have a Selectmen’s Representative on the Committee.  The last meeting’s date is not known but the meetings will be held quarterly as of July 10, 2013.    
  • Tom Greig, Emergency Management Director/Health Officer  Emergency Management Director/Health Officer Greig reviewed activities since the previous meeting.  He advised the Board that he will be out of the area next week and Deputy Health Officer Andy Chalmers will be available should any issues arise.  
  • Unlicensed dogs  Town Clerk/Tax Collector Heidmann has advised the Board that she would like to enforce the code regarding unlicensed dogs.  The code states that unlicensed dogs will be seized and the owner will be fined.  Selectman Lockard wondered who would be responsible to seize all these dogs.  If the ACO is going to be responsible the Board may need to address the fact that the ACO position has a $500 stipend.  If Jackson has a dozen owners out of compliance the town won’t have the capacity to deal with it; it’s a good thing to do but he doesn’t see how the town can enforce this.  The Town Clerk is asking to follow the law.  No one has discussed this with the ACO yet.  Selectman Lockard noted he licensed his dog because he was supposed to; he came to the Town Offices to do it and the Clerk said he didn’t really need to do it.  He realizes the law is on the books but there is an attitude here that it is not enforced.  He appreciates Town Clerk/Tax Collector Heidmann wanting to enforce it now but he would caution against it.  He’d suggest looking at some other way to enforce the code without starting with seizing dogs; he believes that would be a problem and once seized where would the town put them?  Selectman Lockard wouldn’t vote to do this if the Board holds the vote tonight.  
Chairman Allen noted it would be nice if dog owners would just voluntarily take care of this.  If the Board goes with what Selectman Lockard is suggesting then it would be telling Town Clerk/Tax Collector Heidmann that the Selectmen are not going to enforce the law.  Owners have part of the responsibility to license their dogs; there is a reduced price for older folks and the regular fee for a spayed or neutered pet is $6.50.  Selectman Lockard noted this is a law on the books that the government passed.  It’s not worth it to send a dog catcher after all these dogs.  

Emergency Management Director/Health Officer Greig suggested linking the registration of dogs to that of registering cars so dog owners can’t register their car without registering their dog.  The Board is going to have further discussion on this.  Selectman Lockard agrees the town doesn’t want rabid dogs around.  Emergency Management Director/Health Officer Greig cautioned the town might become liable if it doesn’t enforce the code.  Selectman Lockard wants to support Town Clerk/Tax Collector Heidmann but he doesn’t support going after dogs at this point in time.

Selectman Thompson reviewed the wording of the code; it states that every owner or keeper of a dog four months old or over shall be licensed and the local governing body shall issue a warrant for civil forfeiture of the animal; this may give the town the right to seize the dog.  The town has to enforce the law and issue the warrant but it doesn’t have to act on it.  There should be a way to clean this up and get more compliance.  There could be some liability if the town isn’t following the law.  Now that the Board has read the law the Selectmen can’t say they don’t know about it and since the Selectmen discussed this at a meeting it gives the Selectmen a level of accountability that wasn’t there yesterday.  The town needs to be issuing the certificates the law says are required but not seize unlicensed dogs.  The town can’t lien owner’s property but can withhold a car registration.  

It was clarified that ninety percent of folks register their dogs in town; there must certainly be a way to creatively encourage folks to comply.  There could be dogs on the list that are deceased.  The Board wondered if there’s a way to find out how accurate the list is.  Chairman Allen noted in the past a list was sent out on e-news but the Board was asked at one point not to do that again.  Selectman Lockard wondered if the town couldn’t just ask folks to register their dog(s) while in to register their car; that puts the owner in the refusal position.  He doesn’t think it is necessary to deny the registration.  

Chairman Allen noted the town requires dogs to be registered between June 1st and June 20th of each year.  Folks can register vehicles online; a good way to go would be to electronically flag these things while sending out a notice at the same time.  There must be a way to get compliance without taking all these dogs.  This is a state law; it’s not something the town does for the money.  Selectman Lockard feels this is a lot of work and expense for the town; he thinks it would be better to give the owner the license and ask him/her to bring in the vaccination certificate of the dog.  He believes it would cost a fortune to enforce this law.  Selectman Lockard will chat with Town Clerk/Tax Collector Heidmann about this matter; he was given a copy of the law.

  • Jason Call Assessor; tax appeals   Assessor Call is revising the tax bill for Cyr; Selectman Thompson is concerned over the harsh language in the letter; he wants both Mr. Cyr and Assessor Call to meet with the Board and not have any further dialog between themselves.  Mr. Cyr’s letter referred to earlier documents, meetings and conversations which the Board would like to have available for review.  A resolution will be pursued at the next meeting.  In addition to this property, Assessor Call has five or six other appeals; the Board will review these between now and its next meeting.  
  • Work Session for Building Inspector Job Description  Chairman Allen wants to establish a date for this Work Session; Town Office Administrator Atwell reminded the Board there are two people who want to be involved in the generation of this document (letters of interest are in the folder for agenda item 15a).  Selectman Thompson isn’t sure the Board is going to form a committee; that will be decided at the Work Session; the Work Session will be an open meeting with just the three Selectmen.  There will certainly be further discussion for members of the public during either Public Comment or the discussion process itself.   
The Board meetings are currently scheduled for the second and third Thursday (July 11th and 18th) as the first Thursday is July 4th.  The Board agreed to hold the Work Session on Thursday July 18th and move its second meeting of July to the 25th.  All meetings are scheduled for 4:30 p.m.  Town Office Administrator Atwell will notify the folks who expressed an interest in joining the discussion about this topic of the Work Session so they can attend.

  • Old Business:
  • Job Descriptions  Employee classifications (full time, part time, temporary, etc.) have been reviewed for inclusion into Job Descriptions.  There are still some Job Descriptions outstanding; this is an on-going project.
  • PTO Policy – sign  This is the document that changes the Paid Time Off Policy.  Selectman Thompson worked on this document and Chairman Allen has reviewed it and feels it is fine.  Selectman Lockard hasn’t reviewed it but is comfortable signing it as the other Selectmen have approved it; he has had discussion about this policy.  Selectman Thompson, seconded by Selectman Lockard, made a motion to sign the Personnel Policy Improvements.  The motion passed unanimously.  Town Office Administrator Atwell has generated a schedule for transitioning folks from their current time accruals (Sick, Vacation, Personal) to the new PTO hours.
  • Mirror Lake Lamppost replacement – Update  As noted earlier; Sarah is waiting for bids.
  • Letter to NH Electric Coop  This is the letter thanking them for their quick response to the June 2nd outages.
  • Letter to DES  Selectman Thompson, seconded by Selectman Lockard, made a motion to sign the Letter and send it to DES.  The motion passed unanimously.  This letter is in support of allowing Jackson Ski Touring and the Golf Course, both vital pieces of Jackson’s economy, to maintain the current course of the river.  
  • Report regarding work proposed by the Conservation Commission at the Falls  Selectman Thompson met with Road Agent/Fire Chief Henry about the report that’s been issued.  Road Agent/Fire Chief Henry has pointed out that whatever work is done will require maintenance to allow the Fire Truck the ability to get in.  Before the Board makes a motion to adopt, in part or whole, this report, the Board wants to bring Road Agent/Fire Chief Henry into the conversation.  
  • Public Comment  There were no comments at this time.
  • Other Business (added)  The LGC has sent a notice that the town may be getting money back depending on pending lawsuits.  The actual figure will be related to the Health Trust contributions.  The Board has received a letter from ZBA Board member Dave Mason; the Selectmen will get copies for review.  
There being no further business, the meeting was adjourned at 5:55 p.m.

                                                Respectfully submitted by:

                                                Martha D. Tobin

                                                Recording Secretary