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Board of Selectmen Minutes -- 09/19/2013
Selectmen’s Board Meeting
September 19, 2013

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

Visitors:       Town Counsel Peter Malia, Moderator Bill Kelley, Assistant Town Clerk Karen Burton, Police Officer Sean Cowland, Treasurer Warren Schomaker, Videographer Hank Benesh, Bea Davis, Mary Howe, Kathleen Dougherty, Bill Wogisch

Chairman John Allen called the meeting to order at 4:10 p.m.  

  • School Board Electioneering Policy  The town is facing a lawsuit challenging its electioneering laws; following a meeting in June, there was an area agreed upon (it is the yellow area on the plan).  Following subsequent discussion the School Board is considering, or may have adopted, an additional area in front (it is the orange area on the plan).  Electioneering would be prohibited in the ten minutes before school starts and the ten minutes following dismissal.  Moderator Kelley pointed out the NH Attorney General recommended Jackson have the two-hundred foot ordinance adopted; the Moderator has the authority to set the rules for the election.  Chairman Allen noted that is a good point.  It is hoped the ordinance that will be presented to the voters in March will pass muster and survive any future challenges by those who disagree with the ordinance.  Selectman Thompson spoke with a School Board member who couldn’t verify where in the policy process their board is.  There were no further questions or comments; Town Counsel Malia and Moderator Kelley left the meeting.  
  • Amend & approve minutes
  • Selectmen’s Meeting – September 5, 2013  The minutes were approved as written.
  • Non-Public Meeting – September 5, 2013 sign minutes envelope – RSA 91-A:3, II(a)  The Selectmen signed the envelope.
  • Non-Public Meeting – September 5, 2013 sign minutes envelope – RSA 91-A:3, II(a)  The Selectmen signed the envelope.
  • Non-Public Meeting – September 5, 2013 sign minutes envelope – RSA 91-A:3, II(c)  Chairman Allen noted the envelope was inadvertently not sealed at the meeting; Chairman Allen sealed the envelope and the Selectmen signed the envelope.
  • Update on 9.5.13 Action Items
  • Fire and Burglar alarms  This continues to be up for discussion; the higher the fees, the more collection becomes an issue.  
  • Health Care Reform Act  Selectman Lockard and Town Office Administrator Atwell attended a training; he will put together a report for the next meeting; he feels this is a very dicey program but he wants to have more knowledge and information about the program before he makes this presentation.  
  • Whitneys’ Pond  Road Agent Henry has reported that monies were voted on several years ago; the town has been putting money into that pond.  Mary Howe noted that is a private pond; when she was informed it is a fire pond Mary noted there is no hydrant there.  It was clarified this is the information Road Agent Henry provided.  These funds and work on the pond were voted on and approved; Bea was in office then so she was aware the town was working on the pond.  The statement reviewed a number of events where the town worked on the pond including:  Between 1976 and 1979 the town paid for the installment of a dry hydrant at Whitneys’ Pond; in 2010 work on the pond was paid for by Black Mountain but Jackson’s road crew hauled away the gravel; the town of Jackson worked on the pond during recent events like Super Storm Sandy and Hurricane Irene.  The 1978 Town Report lists an article asking to see if the town will raise one thousand dollars to locate and install a hydrant at the pond while the report in 1977 has an article asking to see if the town will raise three thousand dollars for installation and maintenance of a dry hydrant on the pond.  The town has an investment and wants to keep it up.  Mary noted DES inspected the pond in May or June; the area is not protected from erosion and nothing has been done about their doing work there without Wetland permits.  A whole new channel has been created; permits are required by DES to do any work there and nothing is being done about that violation.  She noted the pond is used mostly to make snow; she doesn’t see its maintenance as the town’s responsibility.  The folks at Black were asked to move their manure pile from by the river but the new location is no better; it’s near a drainage area that goes into the river.  Mary would hate to see nothing being done to repair the damage to Great Brook; the minutes said the sandbags have been picked up but there are a lot more bags still out there; they are caught in the trees and buried in the gravel; this is poisonous material.  Chairman Allen will check on the status of permits.  The issue of sandbags being found downstream was brought to the Board; the owners of Black and Whitneys were to work on it but there’s been no follow-up on it so far.  These sandbags have been found at the Falls.  Mary believes the town needs to do the follow-up; Chairman Allen noted the problem was reported to DES.  Mary noted there is also erosion going on in the river by Eagle Mountain House and nothing is happening there either.    
  • Annual Life Safety Inspections  Town Office Administrator Atwell is checking into this; she should have the information for the next meeting.  
  • Removal of tree near Historical Society  DES has responded and they gave their okay to remove the tree; Road Agent Henry is ready to remove it, leaving a couple feet of the trunk to prevent erosion.  
  • Job Description for Building Inspector  This is with Inspector Chalmers for his review and input.
  • Funds for Animal Control Officer  This is tabled.  The Board needs to determine how much to transfer and from which line; the Board is not prepared to do this tonight.    
  • Public Comment   Bea Davis was not aware that the Board meetings were going to start at four instead of four-thirty.  It was clarified that tonight’s meeting time was changed; meetings are still planned to start at four-thirty.  Bea would like a review of the information from agenda item one, electioneering at the school.  The Board reviewed the drawing and what would be considered the allowed areas for electioneering and banning of the new area’s use during the ten minutes before and after school.  Bea feels electioneers should never have been on school property; she was informed that an injunction has been issued that allows electioneering until a court decision is made so there had to be a change regarding electioneering being allowed closer to the school.  It was suggested the town could simply hold its elections at the town garage and then the school wouldn’t be involved.  
Bill Wogisch asked if (Frank) Benesh is still suing the town; this was affirmed.  Bill asked if Gino (Funicella)’s case is still active; that case is being negotiated between the lawyers.  Bill is very concerned that this area is being changed because of one person.  Selectman Thompson noted the town holds its vote on school property; it is the school prerogative to set policy.  Bill noted for thirty years the two-hundred foot set-back was okay and now because one person says it’s not everything has to be changed.  

Chairman Allen noted the original ordinance was written for town property; the vote is not on town property which voids the ordinance.  The town can have the vote at the school or at the town garage; Jackson may need to do this until it can submit a new ordinance; the Board hasn’t written it yet.  The area being proposed is what will be in place until March at which time the new ordinance would be voted in.  

Selectman Thompson noted any person, at any time, can take the town to court claiming an ordinance is illegal.  Bill asked if Frank had come to the Board before he instituted a suit; he was informed Frank did come to the Board and requested the Board engage its lawyer regarding electioneering.  At that time Jerry was the Chairman and the Board decided not to engage Counsel.  There is an active NH RSA giving the Moderator the authority to set the electioneering area; Frank is challenging the Moderator’s authority.  The court can say the area is unsafe or set it at one-hundred, two-hundred or even five-hundred feet, based on the physical plan of the place where the election is being held.  The judge may say the plan that is proposed by the school is unsafe but the Board won’t know until the case goes to court.  There was a date of September 30th but then a new proposal was presented to Frank’s lawyer so the hearing was postponed.  Kathleen noted the Moderator was going by the ordinance and state training; she finds it strange that this is being challenged.  Selectman Thompson reiterated that anybody can sue the town if they don’t think they are being treated fairly.  Bill asked what this has cost so far; it is between three- and four-thousand dollars.  Bill reminded the Board that’s without the cost of reimbursing Frank’s fees too; he stated it’s not right for one person to do this; the two-hundred foot exclusion was okay for thirty years; he wondered if folks in Jackson want to go through what the folks in Conway do with their ten-foot corridor.  Chairman Allen noted he’s not disagreeing with Bill; Jackson doesn’t want its residents to be voting with harassment.

Bill would like to talk about Mary’s issue with Whitneys’ Pond; he’s concerned this has been turned over to DES; he wondered what it is that Mary wants for a resolution, what needs to be done to make this right and if the town went to John (Fichera) with its concerns.  Mary noted John has been given a list of what needs to be done; Bill noted John is busy trying to make a living; he feels John should be given another list with a thirty-day notice to comply.  Mary noted it is not right that John changed the course of Great Brook; Bill wondered if that damaged anything and Mary noted he is damaging trout habitat.  This work needs to meet DES requirements; John is going to want to divert the water for snowmaking; the bags are making it all the way down the stream; meanwhile the real dam hasn’t been fixed.

  • Police Report  Officer Sean Cowland reviewed Department activities since the last meeting; some items discussed included a couple of courtesy transports, fingerprinting of a resident for employment purposes, one VIN verification, one medical assist, two assists to other agencies, one fireworks complaint, one animal complaint regarding goats and two stalking reports.  There were three motor vehicle accidents; one with a moose, one with a deer and one with the covered bridge; a bee flew in and distracted the driver, there was superficial damage.  There have been a couple of arraignments at court.  There was also a report that an offender from Framingham could have come up to Jackson; that person hasn’t been seen and Officers are keeping on that.  The Freedom Walk on nine-eleven went very well.  
  • Building Matters – Andy Chalmers, Building Inspector
  • Building Permit 2013000047 Map R17, Lot 12 (Harding) – Convert office area into a bathroom  This was approved by Inspector Chalmers.
  • Building Permit 2013000048 Map V09, Lot 19 (S-Kimos Ski Club) – New footings under front and side porch  This was also approved by Inspector Chalmers.  Bill wondered if the work was done before or after the permit was issued.  Chairman Allen noted it was an emergency situation; they were allowed to get the work done then go back to get the permit.  This exception is in the building code; emergency repairs are allowed.  
  • Assessment Appeal Review – Jason Call  Chairman Allen would like to table this as today is the first time the Board has seen this document.  There was some urgency to get it back.  This is Robert Cyr’s appeal; Jackson’s appraiser feels the adjustment is reasonable.  Selectman Lockard went with Jason to look at this property; the reevaluation seems okay; he’s not an appraiser, he has to trust Jason on this.  A ten-percent reduction isn’t worth going to court over.  Selectman Thompson, seconded by Selectman Lockard, made a motion to accept the Town Assessors Assessment Appeal recommendation.  The motion passed unanimously.   
 
  • North Country Council – Invitation  The Board has received an invitation to the NCC’s fortieth annual Board of Directors Meeting on October 23rd.  
  • New Hampshire Association of Assessing Officials  This is an election ballot that is due October 10th; this is tabled for the next meeting.
  • Jackson Ski Touring Foundation – Invitation  Selectman Thompson, seconded by Selectman Lockard, made a motion to sign the binder easement.  The motion passed unanimously.  
  • Timber Tax  Selectman Thompson, seconded by Selectman Lockard, made a motion to accept the Timber Tax for THAN Unit 27-R19-1.  Chairman Allen noted there was a time crunch on this document so the Board signed it out of session; it was inadvertently left to the last minute.  There was no further discussion.  The motion passed unanimously.  
  • Transfer of Funds – Trustees of the Trust Fund – Article 7  Selectman Thompson, seconded by Selectman Lockard, made a motion to Transfer the Funds as approved by the town through Article 7.  The motion passed unanimously.  It was explained these are the funds for all the paving that’s been going on.  
  • Transfer Station – Notchland Inn  This is new to the Board tonight.  The Innkeepers at Notchland have sent a letter to Bartlett Selectmen’s Chair Gene Chandler requesting permission to deposit their presorted recyclables.  They have been collecting this for a while so they would be bringing in one to two truckloads immediately with an expected one to two truckloads per month thereafter.  Bartlett has asked for Jackson’s input on this.  The agreement for the Transfer Station originally included Harts Location but they opted out when the Bartlett-Jackson Transfer Station moved; Harts Location felt they would be better off on their own.  Bill noted the Transfer Station makes money off the recyclables; he wants to know why they want back in and what have they been doing for the past ten years?  Selectman Thompson wants to know how Bartlett feels about this request; they don’t say in their letter to Jackson.  Assistant Town Clerk Burton asked if the Notchland Inn was asking just to bring their recyclables; this was affirmed; that’s all revenue for Jackson.  Chairman Allen would like to find out what Bartlett thinks and whether there are any costs involved.  He will follow up with Bartlett as well as with Manager Edgerly as Jackson has no input from him either.  
  • A/P Manifest to be signed  The manifest was signed.
  • New Business  There was no New Business.
  • Old Business
  • Black Mountain – follow up on Whitneys’ Pond  Chairman Allen noted this was discussed earlier and he will follow up.  Mary would just like to remind the Board there is a right way and a wrong way to do everything; they did “correcting” that caused more erosion; they would have gotten advice if they had proceeded properly but they did the work illegally.  Bill wondered what it is Mary thinks the town should do, should it run John (Fichera) out of town for this; he’s struggling.  Mary noted that doesn’t give John the right to do what he’s done; Bill noted John has the right to make the corrections.  Mary noted DES has told John what he needs to do; Bill countered that DES is involved because Mary went to them; he thinks the town should have approached John and told him what needed to be done.  Bill doesn’t want to see Black Mountain run out of town.  Mary suggested Bill go to talk to John about this.  Selectman Thompson noted it is the Board’s understanding that DES has contacted Black Mountain and Whitneys’; the Board is not involved as this is not town property.  He reminded folks this is not the time for an exchange between members of the public on this issue.
  • Burglar alarms and fire alarms – Do we want to adopt a similar ordinance to Milford?  Selectman Lockard wants to talk with the Chief on this; there is an amount that is reasonable and then there is an amount that the town won’t be able to collect.  
  • Letter from Hastings Law – FYI  This is a letter regarding pending litigation; the Board members have reviewed it.
  • Public Comment  The Board has received a letter from a Jackson resident regarding the ACO and the town’s efforts to license dogs.  This resident requested to remain anonymous but to have the letter read into the record of the meeting.  It is as follows:
9/19/2013

Dear Jackson Selectmen:

I ask that this letter is read and entered into the minutes, I am not a public speaker and do not want to be videotaped thus this is anonymous.

The extensive discussion and the cost to taxpayers involving the ACO regarding dog licenses is of concern to me and many others with whom I have discussed this.  I am very curious to know of ANY other town in New Hampshire that is paying an ACO to research private addresses for owners of unlicensed dogs, then to go onto private property to confront these owners!   Mr Lockert’s (sic) comments that if the ACO does not do this and someone gets bitten by an unvaccinated dog, that the town could be held liable, is laughable.  My guess is that the select board would be hard pressed to find any towns that have been sued because a dog in their town was unvaccinated, was rabid and bit someone.  (is the town liable if someone gets bitten by a fox?)  Is the ACO in Conway, Bartlett, Concord or Amherst is (sic) knocking on doors asking people to register their dogs and to vaccinate them?  Taxpayers cannot afford to pay an ACO to do this.  And as a resident, I would not want a stranger coming onto my property unannounced.  (And if the ACO called to ask if they could stop by, then why not just talk with the person over the phone?)

Also it sounds as though the ACO has used up the budget for this position.  Does this mean that the select board is going to pull funds from somewhere else in order to maintain this position?  It really sounds as though this position is working to become a full time position.  I wonder what (sic) how much money will be requested in the budget for the next fiscal year for this position.

Why Jackson needs an ACO is beyond me, especially when a spread out, larger town such as Bartlett cannot justify the cost of an ACO.  

Another concern is that the Jackson ACO appears to be handling bear incidents, when in other towns, these are directed to Fish and Game.  Conway’s website directly instructs people to contact Fish and Game when wildlife is involved.  (see below)

I look forward to hearing your responses in the minutes.

Appreciative of the work you do even though not always in agreement!

From Conway Police Dept website:  “Although the Animal Control Officer is not responsible for wildlife, a cooperative working relationship with the NH Fish & Game Department has been established.  C. P. D. Animal Control will assist NH F&G by responding to wildlife that is causing eminent danger to citizens.  Reports of wildlife concerns should be made directly to NH Fish & Game Department.  Complaints concerning wildlife in the town of Conway shall be made to NH Fish & Game by calling Carroll County Sheriffs Dispatch Center 1-800-552-8960.”

Selectman Lockard would like to comment on this letter; as he understands it, the cost is six dollars and fifty cents to register each dog, most of that goes to the state.  The town’s bylaws require licensing of dogs; the town is not making money on it but is obligated under the RSAs to do this.  The Tax Office sent two letters and followed up with phone calls; the Board had a discussion about what to do; their decision was to have the ACO take licenses and paperwork to each owner; that’s how we got here and the Board is open to suggestions.  Bill feels the town should have sent a warrant to anyone that didn’t respond positively.  The Board determined it would not do that as that would be too expensive.  

Bea noted if her dog bites someone the town isn’t going to be sued; she has insurance; it’s her problem. Bill agrees with Bea but if the owner is poor who gets sued; the town has deep pockets.  The Board has backed off the warrant although the town does have warrant authority.  If Jackson takes the dog there is a huge expense; the Police have to go and there has to be an appropriate vehicle for transporting the dog; it can’t just go into the back seat of the Police vehicle.  Bea noted owners need to take responsibility for their pets.  Selectman Lockard noted the town has an obligation to enforce licensing; letters were sent to owners; then there were phone calls and finally the Board sent the ACO to the owner’s house.  That is his answer to this letter.  

Bill would like to pay tribute to the guys on the Road Department; the town’s properties are looking lovely; he commends them for their work.  

Selectman Thompson, seconded by Selectman Lockard, made a motion to go into Non-Public Session in accordance with RSA 91-A:3, II(a) at 5:14 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.
Respectfully submitted by:
Martha D. Tobin
Recording Secretary