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Board of Selectmen Minutes -- 07/11/2013
Selectmen’s Board Meeting
July 11, 2013

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

Visitor:        Town Office Administrator Julie Atwell, Office Administrative Assistant Ella Cressy, Emergency Management Director/Health Officer Tom Grieg, Building Inspector Andy Chalmers, Police Chief Karl Meyers, Videographer Hank Benesh, Frank Benesh, Bob Davis, Bill Wogisch

Chairman John Allen called the meeting to order at 4:30 p.m.

  • Amend & approve minutes
  • Selectmen’s Meeting – June 20, 2013 Selectman Thompson, seconded by Selectman Lockard, made a motion to approve the Minutes of June 20, 2013.  The Minutes were approved as written.
  • Update on 6.20.13 Action Items
  • Dog licensing  This is a delicate subject; the town has a list of people who haven’t licensed their dogs; the purpose of licensing is safety and health; it is a revenue-negative process as the funds collected go to the state, not Jackson.  Folks provide proof of a rabies shot, get a tag from the town and display the tag that says “my dog is safe”.  If the Board doesn’t come to some agreement about enforcement of the law then the town will have the liability of allowing dogs to run around without licenses.  All of these folks have received letters about needing to get their dogs licensed.  Selectman Lockard met with Town Clerk/Tax Collector Heidmann and Animal Control Officer Lauren Synott and at this point ACO Synott is willing to take the list and knock on the door of every house and educate folks as to why this needs to be done.  She could bring the forms and tags with her and issue the license immediately upon the owner providing proof of current rabies status.  If that doesn’t work then the Selectmen need to pass a resolution for the Tax Collector to issue warrants, which the ACO would serve.  The owner would then have thirty days to comply or the town would take some action after the thirty days.  If the town takes possession of unlicensed dogs, the only place to hold them is the Conway Area Humane Society.  If the owner gives up the dog, the town would have to pay the shelter costs and any care for the first seven days; after seven days the shelter owns the dog.  It would be at least two to three hundred dollars per dog for their health exam.  If the owner doesn’t give up the dog then the shelter costs would be the owner’s responsibility.  The majority of these pets certainly have their shots and just need to get their licenses.  Selectman Lockard thinks this plan would be a resolution to this problem; the ACO is willing to do it; he offered to go along for support but she declined and will let him know if there are any issues.  This is not a police matter at this point; the town is trying to solve the problem and if the owner doesn’t comply then the town can hand over the warrant after thirty days.  All of these folks have been called and sent letters.  
Selectman Thompson noted one of the things the Board is trying to do here is adjust the thinking of the dog-owner’s culture; there has been no follow-up on licensing and people got nonchalant about it; some of the names on the list are long-time Jackson residents.  This is the responsible thing to do but he’s wondering how this will all add up; the ACO is paid a five-hundred dollar stipend so she’s going to be doing this on her own time really.  He is disappointed that these folks haven’t come in; he hates to see the Board put the ACO in this position even though she is eager to do it.  This is Selectman Lockard’s project so Selectman Thompson will support it.  When dogs get their rabies vaccination the town gets noticed; all but four or five of those unlicensed dogs are current.   Selectman Lockard noted he didn’t want to get involved in this issue but the state wants its money and wants this done; if the Board ignores the law the town is going to be sued.  Selectman Thompson agrees; folks need to be brought into compliance.

Emergency Management Director/Health Officer Tom Grieg noted the Health Officer blogs say that one way to assist with this is to sponsor a rabies clinic in town then have the dogs licensed at the event; several folks on the blogs talk about attaching the dog owner’s property in some fashion; he’s forwarded these comments to the Board.  

Chairman Allen would like to see the ACO make her first visit without the warrant, make an attempt to educate the owner and then after thirty days a warrant would be mailed.  Chief Meyers agrees this plan would be the first step; folks need to understand why a license is needed.  The ACO works for the Police Department; she’s used up a portion of the stipend already but Chief Meyers has  no concerns with ACO Synott doing this; she’s fit for the job, she has a good head on her shoulders; she’s the best person for the job.  The Board agreed to implement the plan as discussed.  

  • Assessments/Jason Call  These are on the agenda tonight.  
  • August Meetings  The Board will adjust its meeting dates to August 8th and 22nd; this has been posted in the e-news.
  • Work Session – Job Description/Building Inspector  The Board has scheduled the Work Session for July 18th and the meeting has been noticed.
  • Letter to Heidi Dawson  This has been completed.
  • Robert Cyr  The Board will be discussing this during a Non-Public Session
  • Check Manifests  The Board is now reviewing these.
  • Zoning Ordinance  The Board has gotten an opinion from the LGC.
  • Legal Expenses  The breakdown has been done; Chairman Allen is reporting current figures on a monthly basis.
  • Money owed by Bartlett  This is on tonight’s agenda.
  • Mirror Lake Lamppost replacement  This is on tonight’s agenda.
  • Set up Avatar station for non-Office staff to use  This has been completed.
  • Sound System  Town Office Administrative Assistant Cressy would like to know how elaborate a system the Board is looking for; the costs range from under a thousand to around three thousand dollars.  She’s not sure if the Board would like her to find one system to use at indoor meetings as well as during events held outdoors, such as the memorial services.  The Board agrees, at the very least, there needs to be a system for use at the memorials.  Sean Doucette may be able to give some input on what type of system the town should be looking for.  Frank Benesh noted the Board is going to find the requirements for a system to be used in a room are very different than those for an outside event.  If the Board tries to do something that does both, they will compromise so much that one or the other will be unsatisfactory.  It was clarified there are no funds available this year so this will be done next year.  
  • Priscilla Protasowicki – Covered Bridge Motel  Priscilla Protasowicki had told Selectman Lockard that she planned to be at tonight’s meeting to tell the Board why Selectman Lockard is not doing his job; she is not here; he suggests the Board move on.
  • Public Comment  Bob Davis would like to know why the town has hired an excavator to ditch when it owns a one-hundred-thousand dollar machine with a ditching bucket.  Work is being done on North Hampshire Ridge and Dundee; the town has the equipment to do this work; the hired machine costs about a hundred dollars per hour and has been up there about a week.  As the Highway Department liaison, Selectman Thompson will look into this.   
  • Police Report  Police Chief Meyers reviewed Department activities since the last meeting; some items included two burglaries on Tyrol; a bear complaint on Green Hill Road; ten false burglar alarms and a report of a vehicle broken down in the travel lane of Route 16; Officers assisted the driver to get it to the side of road.  Officers responded to a call of people yelling that turned out to be a domestic disturbance.  Officers continue to do house checks for folks out of town.  At the last meeting Chief Meyers told the Board about a housekeeper stealing gold certificates; she was arrested and charged.  Officers received a complaint of trespassing; there was also a call about a dog in distress which turned out to be in a heat-regulated area and was okay.  The town’s only sex offender was given an ultimatum to move out of town and did so.  Chief Meyers met with a family member regarding an older family member whose driving ability has greatly decreased; they discussed options.  Officers assisted the Ambulance with a gentleman who fell and cut his head.  There was a disturbance at a local hotel between staff and guests; a 911 hang-up was kids playing with the phone.  A report came in regarding a burn on North Hampshire Ridge; it was properly permitted.  Officers assisted a biker who ran into the curb and was cut; he was given a ride to work; a complaint was received from a man at a local condominium association; one of the businesses the association works with got into a discussion with the man and threats were made.  Officers assisted the Ambulance with a man at the Falls who fell and broke his ankle.  There was a motor vehicle accident at the intersection of Route 16 and Main; the accident was minor but the driver didn’t have a license.  Since the driver’s mother had given him permission to take the car to go to the store, the mother got the citation.  A report came in of a man at the Falls taking pictures of young girls; Officers found him and got his information.  The fireworks and duck race went off without a hitch; it was different to have this in the park this year; it worked out fine for the Police.  Later on that night there were fireworks complaints.  There was a small accident in a restaurant parking lot; a library bench that was by the Old Library was thrown into the Wildcat River and a local business had a three-foot high chicken stolen.  There was a motor vehicle accident with a moose in the Notch; the moose was euthanized.  The folks who put on the fireworks left behind a lot of trash; they had been told they needed to clean up their mess before they left and they didn’t.  Chief Meyers took a call from an elderly gentleman who is starting to lose his faculties; his daughter took his keys and Chief Meyers is trying to help him understand why.
 
Bill Wogisch noted he got a call last night and also a week ago; the caller ID said “Private Caller”; when Bill answered it was a foreign guy who informed Mr. Wogisch they were calling from Medicare for updating.  This guy reviewed all of Bill’s information then said “and I need your bank information”.  This has gone to Medicare’s Fraud Department but Bill wanted to spread the word about this now that he’s gotten two calls; folks need to be aware that these companies, when legitimate, don’t ask for that kind of information.
  • Building Matters - Andy Chalmers, Building Inspector  
  • Building Permit 2013000030 Map V08 Lot 23- (Owner – CFI Holdings LLC/Christmas Farm Inn) – Replace the HVAC unit in main dining room  A call came in regarding work being done at Christmas Farm Inn; Inspector Chalmers met with the owner who didn’t understand that the work needed a permit.  An application has been completed and a permit was issued.  
  • Building Permit 2013000031 Map V07 Lot 123, (Owner – Ruppel) – Construct a new detached 24 x 24 garage  Since the ZBA granted a variance there was nothing to do but issue a permit.  
  • Building Permit 2013000032 Map V10 Lot 06, (Owner – Waterhouse) – Replace 4 window units, remodel 1st floor bathroom, insulate garage walls  This permit was issued.
  • Building Permit 2013000033 Map R12 Lot 165, (Owner – Longmaid) – Construct a dormer on the backside of garage roof  The owner is adding a dormer to an existing garage; there are no setback issues.  This permit was issued.
  • Avatar  Inspector Chalmers noted having this station set up is great for the town because he can put all the permitting information and/or inspection notes in a central location and Town Staff and others can also see what’s been done.  
  • Building Permit Refund – Map V06 Lot 09, Tim Scott  A permit was issued but no work was done.  There were extenuating circumstances involved in this case and the building code says the Building Inspector has the ability to issue a refund.  Inspector Chalmers felt there was no reason not to, given the situation.  Inspector Chalmers will send a letter along with the refund check explaining why this exception was appropriate.      
  • Driveway Permit – V10 Lot 108 (Owner – Gardner)  It was noted the current drive is steep; this new drive will provide safer access.  Selectman Thompson, seconded by Selectman Lockard, made a motion to allow Chairman Allen to sign the Driveway Permit.  The motion passed unanimously.  
  • Time Warner Cable – FYI  Office Administrator Atwell noted the town received notice from TWC regarding some changes, including higher quality digital, going into effect on July 23rd.  There is no action needed.  
  • Groundwater Monitoring Results – Melloon Road – FYI  This document will be circulated to the Selectmen for their review; no action is needed.  
  • A/P Manifest to be signed  The Selectmen signed the manifest.
  • Legal Expenses  Chairman Allen thanked Town Office Administrator Atwell and Town Office Administrative Assistant Cressy for their work on this, which is on-going.  The figures presented are accurate to July 8, 2013.  
  • Open cases
  • Funicella - $2526.  All the Non-Public Minutes requested were released; Gino is pursuing court action regarding the Transfer Station and Holly Lewis cases.
  • Benesh - $3540.  The School District, represented by their lawyer and the SAU Superintendent, informed Jackson of what its policy will be if the town is going to continue to hold votes there.  There is a strip of grass between the school and the businesses; it starts seventy-five to eighty feet from the building; electioneering will be allowed in that area.  If the town can’t assure the District it can abide by this then Jackson will have to look for another place to hold its elections.  The Board is recommending the School Board approve this after which Frank would be notified of the decision; his approval or lack thereof would determine the next course of action.  The town might have to do snow removal and the Board would commit to that; it’s the School’s property; this is their call.  The School District didn’t feel any electioneering should be going on when school was in session; they moved off that and found a compromise.  If this doesn’t fly with Frank then the town will have to find another place for elections.  Bill Wogisch noted this hasn’t been a problem for thirty years and now, due to one person, it’s a problem.  Selectman Thompson noted the Board has had to recognize that it is a problem and has to address that.
  • Closed cases
  • Shaw/Chase - $617.  This case is closed; it was resolved to the satisfaction of both parties.

  • Still open but no further charges to accrue
  • Falcey - $175.  This case is now being handled by the LGC and is covered by insurance.  It was noted the town does pay for this; the LGC’s services are incorporated into their fee which may go up next year.
Selectman Thompson thinks it’s really great that the Board now has a running total on this; it answers a lot of questions.  He thanked the Town Office Staff for doing this.  Sarah Clemons has asked that this be updated on a monthly basis, which is the plan.  

  • Assessment Appeal Review – Jason Call  Selectman Thompson, seconded by Selectman Lockard, made a motion to accept the Assessment Appeal Reviews as recommended by Assessor Call.  The motion passed unanimously.
  • New Business
  • Payment from Bartlett  The document from Bartlett regarding final payment on the Transfer Station Contract has been circulated; it finalizes Operations expenses and settles the old Contract.  The new Contract went into effect in March, 2013; Bartlett worked with Jackson on this; they went back to February 2011 and agreed on a figure.  Jackson received an initial payment of $15,000 and has now received the final payment of $24,000.
  • Proposal from Municipal Resources, Inc. (MRI)  Town Office Administrator Atwell and Town Administrative Assistant Cressy have reviewed the proposal and circled the items they want help with; the Board authorized the Office Staff to move forward with this as they have amended it.
  • Current Use applications  Both of these applications have been recommended by Assessor Call; the properties meet state specifications and have been verified.  
  • Robin Willits  Selectman Thompson, seconded by Selectman Lockard, made a motion to put the Robin Willits property into Current Use as recommended by Assessor Call.  The motion passed unanimously.   
  • KDJ Realty Trust  Selectman Thompson, seconded by Selectman Lockard, made a motion to put the KDJ Realty Trust property into Current Use as recommended by Assessor Call.  The motion passed unanimously.  
  • Old Business
  • Job Descriptions  
  • Highway Department  Selectman Thompson put together a template for the Road Crew.  This is a job position that has never had a job description attached to it; there was a level of resistance to the Board wanting to attach one.  Having job descriptions adds continuity; it helps with interviewing and job performance reviews.  It’s not necessarily for the Road Agent to know what his crew is doing but rather a listing of duties, tasks and physical requirements.  He will get this out to Chairman Allen and Selectman Lockard for review.  There are two job descriptions for the crew; one for Part Time and one for Full Time; the Board already approved Road Agent Henry’s job description.  The Board should be able to complete its review and acceptance of this at its July 25th meeting.  
  • Building Inspector  The Board’s Work Session is scheduled for July 18th but it may take a while before this is ready for acceptance.  The Board will want input from the public on this, too.  This is a position that doesn’t currently exist in Jackson; it will have to be posted.  
  • Police Department  Selectman Lockard has not had any discussion with Chief Meyers about these; he thought the job descriptions were done.  Selectman Thompson noted the Chief’s job description is done but not that for his Officers.  As Head of Law Enforcement, the Chief has the authority to make a decision about job descriptions, with input from the Selectmen.  
  • Deputy Town Clerk  There is no job description for the Deputy Town Clerk; the Board wants to have input from the Town Clerk on this.
  • Mirror Lake Lamppost replacement – Update  This is a custom-built post so there is only one quote for that; the light part is still intact and Sarah Duffy got two quotes from electricians.  Once the Board approves the post and an electrical contractor, she will coordinate getting the lamppost fixed.  The total bill, if the lowest estimate is accepted, will be about three-hundred dollars.  As the post is custom-built no motion is needed to authorize using Walpole Woodworker for that.   Selectman Thompson, seconded by Selectman Lockard, made a motion to use DeSouza Electric to install the post and to authorize Sarah Duffy to make the purchase and send the bill to Jackson.  The motion passed unanimously.  
  • Public Comment  Bill Wogisch is concerned about the lawsuits; what would happen if the town were sued for $200,000; he suggests the town look into insurance.  There is a limit through the LGC.  The Falcey case is based on discrimination; it reached the level that the LGC could take it; they can’t be involved in the other suits.  
Regarding electioneering; there is a grass area then the driveway into the business property; that property belongs to Wroblewski and he doesn’t want anyone campaigning on his property.  It was clarified that electioneers would have to stay within the specific confines outlined.  Bill asked how close they can get to the front of the building; the area proposed is about seventy-five to eighty feet from the front of the building.  Bill asked if electioneers that violate that limit would be subject to violation.  Selectman Thompson noted the area would be set up with clear boundaries; anyone violating those boundaries would be subject to a fine.  He doesn’t know if the school board has met on this yet; they were going to contact the Selectmen with their decision and the Board will take it from there; the Selectmen have looked into other sites to hold its elections.

Emergency Management Director Grieg noted the state gave Jackson a radio for emergency management; he took it to Ossipee Mountain Electronics; the state will pay for the programing.  The Safety Committee met yesterday; this involved all Department heads; they will try to have them quarterly to be compliant with the grant as well as having supporting documentation if there were to be a grant in the future.  The Safety Committee will meet again in September.  

  • Non-Public Session
Selectman Thompson, seconded by Selectman Lockard, made a motion to go into Non-Public Session in accordance with RSA 91-A3, II(c) to discuss a Blind Exemption at 5:43 p.m.  The motion passed unanimously.

  • Blind Exemption

  • Veteran’s Exemption

  • RSA 91-A:3, II(c)  Matters which, if discussed in public, would likely affect adversely the reputation of any person, other than a member of this board, unless such person requests an open meeting.  This exemption shall extend to include any application for assistance or tax abatement or waiver of a fee, fine or other levy, if based on inability to pay or poverty of the applicant.

  • RSA 91-A:3, II(a) The dismissal, promotion, or compensation of any public employee or the disciplining of such employee, or the investigation of any charges against him or her, unless the employee affected (1) has a right to a public meeting, and (2) requests that the meeting be open, in which case the request shall be granted.
Respectfully submitted by:
Martha D. Tobin
Recording Secretary