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Board of Selectmen Minutes -- 08/22/2013
Selectmen’s Board Meeting
August 22, 2013

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

Visitors:       Town Office Administrator Julie Atwell, Videographer Hank Benesh, Police Chief Karl Meyers, Building Inspector Andy Chalmers, Treasurer Warren Schomaker, Health Officer/Emergency Management Director Tom Grieg (HO/EMD), Animal Control Officer Lauren Synott (ACO), George Howard, Bea Davis, Bob Davis, Kathleen Dougherty

Chairman John Allen called the meeting to order at 4:00 p.m.

  • Amend & approve minutes
  • Selectmen’s Meeting – August 8, 2013  The minutes were approved as written.
  • Non-Public Meeting – August 8, 2013 sign minutes envelope – RSA 91-A:3, II (c)  The Selectmen signed the minutes envelope
  • Non-Public Meeting – August 8, 2013 sign minutes envelope – RSA 91-A:3, II (a)  The Selectmen signed the minutes envelope.  
  • Update on 8.8.13 Action Items
  • Dog Licensing  Selectman Lockard noted ACO Lauren Synott is here; she will address this; at the last meeting he misquoted the charge to the town for taking a dog to the Conway Area Humane Society; it’s a contract and the charge is ten-dollars for the first day then twenty dollars a day after that so the cost to the town would the one-hundred-thirty dollars for the week the town would be responsible for should it confiscate an animal.  ACO Synott reviewed how the costs for a spayed or neutered pet ($6.50) are distributed; the town does not make money on this; it’s revenue-negative.  This action is based on the RSA that states dogs should be up-to-date on their Rabies and licensed; it’s a matter of public safety.  ACO Synott has made a lot of visits and spent a lot of time finding physical addresses; her budget has run out and there are still twenty-nine owners and thirty-six dogs on the list; there are twelve dogs with known expired Rabies statuses.  ACO Synott is here to ask the Board what it would like her to do at this point.  Chairman Allen would like her to prioritize the twelve that are known to be expired.  ACO Synott noted she’s made a number of visits and no one is home; the next step would be to make a visit and leave something letting the owner know the town is trying to reach them; the authority to take the dog is in the state statute.  Selectman Lockard asked how much more ACO Synott would need to continue the process; it is important to keep going with this; if someone is bitten and the town knows the Rabies vaccination is expired then there is potential liability to the town.  Selectman Lockard asked ACO Synott to estimate how much more is needed based on the fact that her original stipend was five-hundred dollars; she noted that’s not why she is here; the Board urged her to come up with an estimate.  ACO Synott noted she can visit three to four homes per hour; she’d estimate eight hours to go to all the twenty-nine homes.   Chairman Allen would like her to focus on the dogs that have known expired vaccinations.  Selectman Lockard doesn’t think one day would do it; he thinks ACO Synott is looking at three to four days with back and forth visits; Selectman Lockard doesn’t know how the money works but the Board has to figure it out.  Does the Board want ACO Synott to leave a note when no one is home; she noted the statute calls for leaving a warning before seizing the dog.  ACO Synott gave folks a week after the minutes came out and there was a notice in the e-news; she has only given out two tags in all the visits; there are still thirty-six dogs out of thirty-eight.  ACO Synott noted the stipend had been spent on many things not just the work trying to get these dogs licensed.  Selectman Thompson noted the Board needs to face the fact that the town needs more money for this; the stipend is gone so without more money there would be no more action until January, 2014.  The town has an obligation to follow through on this.  Selectman Thompson wondering if physical visits are the best way to address this; he was informed there have been phone calls and two sets of letters sent; these were not sent certified because the cost is over six-dollars now for a certified letter.  Selectman Thompson asked Chief Meyers if there might be more money in the Police budget to help; there isn’t at this time; once the year end is closer, he may be able to find some.  Selectman Thompson noted the Board needs to do more work and identify some money in the budget to continue this as well as increasing the amount for next year; ACO Synott is doing a great job.  
Tuition agreement for Grammar School teachers (not an action item from 8/8)  Selectman Lockard noted he got a call from a citizen with a concern about the school planning to offer free tuition to out of town teachers’ students.  The Selectmen didn’t vote on that; he doesn’t know how the school work’s; if it’s up to the School Board to make that decision then he will report that to the person with the concern.  He was informed the School makes independent decisions.    

  • Department of Safety Ordinance  This went to the Planning Board.
  • Thank you to John Fichera for use of parking lot  The letter is under Old Business.
  • Cost to process Building Permits  The total cost, on the high side is between twenty and twenty-two dollars.  This is on the agenda under Building Matters.    
  • Fee for false Fire/Police alarms  Town Office Administrator Atwell is waiting to hear back from the LGC on this.
  • Job Description Highway Department part time employee  This is under Old Business for approval.    
  • Planning Board opening  This has been posted; there have been no takers so far.
  • Video Conference Call – Robert Kazazian – Map V08, Lot 57  There is no conference call tonight.
  • Public Comment  George Howard would like to discuss the implementing of Jackson’s Building Code Ordinance.  Chairman Allen noted the IBC has been implemented; Building Inspector Chalmers is in charge of this via contract.  The Board continues to move forward on formalizing the Building Inspector Job Description and contract.  George asked if there is now an identified position in the town; he was informed the Building Inspector is currently per diem.  George noted the Ordinance says the town will establish a position.  Selectman Thompson noted the Board has gone back and forth as to establishing a position that is a per diem position or an employee position; whether the person works on a contract or as a paid employee there will be clear job duties laid out.  The town will either contract with an individual or a company; or hire a staff person to perform the duties of Building Inspector.  George asked where the official records would be kept; he wants to know where someone would find the official record of the work done for the town; if he is monitoring transactions, looking for reference materials, et cetera would he come to the Office to find that.  He also wants to know if these are the official documents or copies; Town Office Administrator Atwell affirmed the originals are kept at the Office.  George wondered if reference materials and building codes would also be available at the Office.  Building Inspector Chalmers noted the town is required to have a set of code books at the Office and has had.  Every time the code is changed or adopted those are updated and are available to the public at the Office.  
Bea Davis thinks it would be more cost-efficient to contract the Building Inspection service rather than hiring an employee; Selectmen Thompson noted no cost difference was identified.   

Kathleen Dougherty noted that last night at the ZBA meeting the Wentworth addition was approved; she has a couple of questions to ask about that.  They are talking about putting a spiral staircase in the spa rooms; those are very difficult to navigate in a home, let alone for this use.  Kathleen would also like to know if the Inspector has looked at septic for the twelve new units going in there.  Inspector Chalmers noted the first hurdle for the owners was to get through the ZBA and get the proposed elevation granted; he hasn’t seen any other fleshed-out plan; septic is Engineer Phillips’ purview; Inspector Chalmers expects he’ll look at it; the state won’t allow the issuance of a Building Permit without adequate septic.  Chairman Allen asked if spiral staircases present issues; Inspector Chalmers affirmed there are issues and there are strict codes; the minimum width is five feet and while five feet seems like a big stair, moving someone with a medical problem up or down those stairs is difficult.  We want to be able to give medical assistance to folks in the hot tubs.  Kathleen is not sure if the plans had been finalized; she was informed they have not.  The owner knew the elevation would be a problem; he didn’t want to flesh it out until it got past the ZBA; they only addressed the height.

Bob Davis would like to know if the town is get reimbursement for the work done on Whitneys’ pond; Bill Whitney built it in for a swimming pool; he’d like to know when this became the town’s responsibility; it was always Whitneys’.  Bea thinks the Board should look at this; the pond was Whitneys’ responsibility; she urged them to go back in the records and investigate.  

  • Police Report  Chief Meyers reviewed Department activities since the last meeting; some items included a motor vehicle accident; assisting the Ambulance with a gentleman with chest pains at a local restaurant and four false burglar alarms.  Officers responded three times to a local hotel; two for an assault; one regarding additional charges being put on a credit card.  There have been two different District Court appearances; there was a motor vehicle accident at the end of Town Hall Road; the intoxicated driver was arrested for drunk driving.  Art in the Park went well.  There was a dog bite report that the ACO is working on; ACO Synott noted the dog was not local.  A report was taken of two loose black labs; there was a motor vehicle accident involving a moose in the Notch.  There were two letters thanking the Police for their assistance; Chairman Allen read the letter; these will go into the personnel files.    
  • Animal Control Report  ACO Synott has nothing further to add.  
  • Building Matters – Andy Chalmers, Building Inspector  Inspector Chalmers noted he’s been busy; it’s good for the town; these are all pretty standard items.  He reviewed each item; the Permits have been issued.
  • Building Permit 2013000041 Map R13, Lot 28 – (Owner – Forest) – Add a loft and a ramp to loft to existing garage for seasonal storage   This will be a loft and a ramp  that will be quite solid; the owner will use it to get motorcycles into the loft.  
  • Building Permit 2013000042 Map V09, Lot 15 – (Owner – Frost) – Construct a new 20 x 22 barn for car and general storage
  • Building Permit 2013000043 Map V03, Lot 43 – (Owner – Smith ) – Construct a new 62 ft. x 44 ft. L shaped 3 bedroom home with a screen room  This is a new single family home on Cameron Drive.
  • Building Permit 2013000044 Map V08, Lot 45 – (Owner – Consalvo) – Drywall wall & ceiling & retile floor in basement & minor electrical  This is an interior remodeling with electrical work; Inspector Chalmers has been in touch with the contractor several times.
  • Building Permit 2013000045 Map R15, Lot 02 – (Owner – Davis) – Extend building permit 2012000039 to complete construction of a 4 bedroom residential home for 1 year  This is an extension for an existing Building Permit.  
  • Building Permit 2013000046 Map R17, Lot 31A – (Owner – Fel Property) – Replace flooring & some light fixtures, replace cabinets, counters, appliances, toilets, and add door in basement  This is a remodel at High Pasture.
  • Complaint and Concern (added)  Inspector Chalmers received a complaint about a structure occupied without a Certificate of Occupancy.  Inspector Chalmers asked for the complaint to be submitted in writing; it came as an email; he wants it as a formal complaint, submitted in writing, not electronically.  This hasn’t come forward yet.  
There has been a concern brought forward about a garage that was issued a variance on North Hampshire Ridge; the builder has concerns about the retaining system not maintaining that section of road.

  • Change in application fee  Town Office staff have completed the fee/work analysis as requested by the Board.  The calculated cost is around twenty-two dollars; the application fee is meant only to recover town expenses.  Selectman Thompson, seconded by Selectman Lockard, made a motion to change the Building Permit Application fee to a flat twenty-five dollars, effective immediately.  The motion passed unanimously.  
  • A/P Manifest to be signed  The Selectmen signed the A/P Manifest.
  • MS5 – to be signed  Selectman Thompson, seconded by Selectman Lockard, made a motion to sign the MS5 and send it to the DRA.  The motion passed unanimously.  
  • MS1 extension – to be signed  Assessor Call needs more time to finish the entries for the tax rate.  Selectman Thompson, seconded by Selectman Lockard, made a motion to approve and sign the MS1 extension.  The motion passed unanimously.    
  • Health Officer/Emergency Management Director
  • Mitigation Plan - Extension  This is not needed; the plan will be completed fairly soon.
  • MCI trailer storage  This is a Mass Casualty Incident trailer; it went to Loudon for the Race and never came back up north.  HO/EMD Grieg was informed he could submit a request to the state for one for training purposes.  The state brought it up; it is at the Bartlett/Jackson Ambulance garage.  It has a lot of good stuff in it; if it remains in Loudon (or some other town that requests it) there would be a four hour response delay in case of a disaster, which is unacceptable.  HO/EMD Grieg has had discussion with Fire Chief/Road Agent Henry about this and he’s amenable to storing the MCI trailer at the Grays Inn Garage.  Keeping it will bring no responsibility to the town but if needed it would be right here.  If some other town needed it Jackson would be alerted through Carroll County dispatch.  It has backboards, IV equipment; a generator; the kind of things that would allow the Jackson area to have a positive outcome in a disaster, an outcome that would not be possible with a four hour response time.  If it doesn’t work out and the town wants to send it back we call the state to come get it.  Selectman Thompson wants to know if a space has been identified for this to be stored; there is a space they have identified that will not inhibit any other use at the Grays Inn Garage.  There are currently twelve of these trailers in the state, there is one in Lancaster otherwise there are no others in the North Country.  Keeping one in the Jackson area would provide a local option.  It is probable that Jackson could scrounge up the equipment in the Valley; otherwise there’s a trailer in Paris, Maine that Jackson could request in a disaster.  Selectman Thompson, seconded by Selectman Lockard, made a motion to store the MCI trailer in the Grays Inn Garage until such time as the town decides otherwise.  The motion passed unanimously.  
  
  • Flu shots – clinic  HO/EMD Grieg is looking into setting up a Flu Clinic; it’s in the investigatory stage; he’s not sure who pays for the vaccinations.
  • Hazardous waste day (added)  HO/EMD Grieg will find out when this is and get the information out to the Office for e-news and Noticing; this is held at the Conway Transfer Station in September.
  • New Business
  • Driveway permit  DES has issued the appropriate permit; Fire Chief/Road Agent Henry has also signed off; there are no issues.  Selectman Thompson, seconded by Selectman Lockard, made a motion to accept the plan and sign the permit.  The motion passed unanimously.  
  • Repairs needed at Transfer Station  The Board has received a notice from Transfer Station Manager Jon Edgerly; the roof and walls at the Transfer Station building need repair; he’d like to take the funds for that repair out of the Bartlett/Jackson Transfer Station account.  The Board is okay with the funds being used in this manner but needs to know how much is in the account and how much these repairs are going to cost.  The Selectmen asked to have this information for the next meeting.  
 
  • Fire Reimbursement  Bartlett Fire Chief Pat Roberts is trying to get reimbursement from the state for a fire at Attitash.  Selectman Thompson, seconded by Selectman Lockard, made a motion to sign the Attitash Fire Reimbursement form.  The motion passed unanimously.  
  • ACO funding  Selectman Thompson noted the Selectmen need to face the fact that more funding needs to be found for the ACO or resign themselves to the fact that nothing more will happen on the licensing project.  He feels the Board should support ACO Synott and the increased effort and organization that the Selectmen have constructed around the ACO; he would like the Board to find another five-hundred dollars.  Town Office Administrator Atwell was asked to look at the budget and see if there is a line item to find the funding; the ACO is paid out of the Police budget; she will take a closer look at this; this may also be an acceptable cost to come out of the Town Clerk/Tax Collector’s line as it has to do with collecting fees for the state; she will ask the LGC what the rules are.  
  • Annual Inspections for Commercial Buildings  It has been brought to the Board’s attention that Jackson used to have annual inspections for commercial businesses in town.  These were dropped and the Board asked Town Office Administrator Atwell to look at the minutes to verify the Selectmen instituted these and if the time these stopped can be identified; former Inspector Bergeron may be able to provide some insight on this as well.  The Board doesn’t know why these stopped but feels it is in the best interest to reinstate them.    
  • Old Business
  • Job Descriptions – Highway Department (part time) – to be approved  Selectman Thompson, seconded by Selectman Lockard, made a motion to approve the Job Description for the part time Highway Department position.  The motion passed unanimously.  
  • Knotweed  A letter has gone out to most of the property owners; there has been one enquiry but no formal responses.  The letter asked property owners to contact the Board by September 13th.  The Board would like to schedule Prescott Towle to come in on September 13th with a rain date of the 14th.  A couple of folks are interested in having their property sprayed at their own cost.  HO/EMD Grieg noted he’s found an all-natural, non-chemical agent for removal; he recently interrupted a big bull moose eating huge bunches of it.  
  
  • Thank you letter – to be signed   Selectman Thompson, seconded by Selectman Lockard, made a motion to sign the letter to John Fichera as approved at a previous meeting.  The motion passed unanimously.    
  • Public Comment  There were no comments at this time.    
Selectman Thompson, seconded by Selectman Lockard, made a motion to go into Non-Public Session in accordance with RSA 91-A:3, II (a), matters involving the dismissal, promotion, compensation or disciplining of any public employee at 5:28 p.m.  The motion passed unanimously.  

  • Non-Public Session

  • 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.
  • 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