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Board of Selectmen Minutes -- 11/21/2013
Jackson Selectmen’s Meeting
November 21, 2013

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

Visitors:       Town Office Administrator Julie Atwell, Treasurer Warren Schomaker, Police Office Sean Cowland, Videographer Hank Benesh, EMD/HO Tom Grieg, Sarah Clemons, George Howard, William Wogisch, Bea Davis, Kathleen Dougherty

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

  • Amend & approve minutes
  • Selectmen’s Meeting – November 7, 2013  The Minutes of November 7, 2013 were approved as written.
  • Non-Public (now Public) – November 7, 2013 – Doug Jette  These Minutes have been made public as the discussion had to do with the rate of pay for Officers working special details.  This doesn’t meet the criteria for Non-Public Session as it’s about the Officer working as a special contractor, not as an employee.  The Minutes from this meeting will be an addendum to the Selectmen’s Meeting Minutes of November 7, 2013.  The rate has been changed from thirty-eight dollars per hour to forty-six in order to recover Jackson’s costs.  
  • Non-Public Meeting – November 7, 2013 – sign Minutes envelope RSA 91-A:3, II(c)  These Minutes have been approved and sealed; the envelope was signed.
  • Update on Action Items
  • Office Noise Mitigation  Estimate information has not been received.  
  • Handrails at Falls  Inspector Chalmers is going to look into whether the granite steps at the Falls will require handrails; Road Agent/Fire Chief Henry is not aware of that being a requirement; he will also look into this.  
  • Use of the Park by the Gazebo for Private Functions  Office Administrator Atwell contacted Fire Inspector Gaudreau, the LGC and the Liquor Commission about this.  Inspector Gaudreau noted a Permit of Assembly is only needed if a tent is being put up.  The LGC noted those using the Park would have to get their own insurance for the event.  The Liquor Commission noted no permit would be needed unless liquor is sold.  The town would be responsible if anyone underage were served or if anyone were over-served.   The Board agreed there would be a liability; an officer would need to be there and IDs would need to be checked.  The town has gone through this when there used to be the Chicken Barbeque in town.  The Board asked Office Administrator Atwell to craft a letter stating that due to liability issues and concerns regarding past events, the town will no longer consider private events in the park.
  • Letter Regarding the Bridge to Evans  This has been sent.  
  • Public Comment  George Howard noted there is a parking lot being put in by JXC on Carter Notch Road; this is going to increase traffic up and down that road; he wondered if the Board has given any thought of potential problems for the Highway and/or Police Departments.  Chairman Allen hasn’t heard of any concerns.  Selectman Thompson noted the work there has gone hand-in-hand with the Board dealing with people parking there and interfering with Jackson’s Highway turnaround.  This was dealt with over the summer; it became clear that the road was posted as a Class VI road before it became a Class VI road; the change is actually fifty feet further up the road.  In addition to the parking lot, there is now an appropriate turnaround where the road turns into a Class VI road.  The town is still responsible for the road from the Class VI designation to the parking lot.  The Board thanked George for making a good point; they’ll ask Chief Meyers and the Highway Department to keep an eye on this.  
George would also like an update on the Building Inspector position; this was just mentioned to Inspector Chalmers at the last meeting; he said he’d get his comments on the job description to the Board soon.  George noted the ordinance requires the Board to establish the qualifications an individual has to have to do the job, not to create a job description.  This person has the authority to collect fees and issue legal violations; since one individual has the authority the three Selectmen used to have, there should be a selection process for that individual.  The Selectmen are going to make this effective May 1st; George is concerned with the time it is taking to get this in place.  Chairman Allen noted the Board has had a lot on its docket with suits and extra meetings; he urged George to keep pestering them about this.  George would like to see some progress regarding establishing the selection and qualification process.  Chairman Allen noted the Board planned to do something in March; he asked if George was looking for a formalization.  George noted the law says the Selectmen will set these.  The town used to have a Building Inspector that was responsible only for the building inspection process.  Inspector Chalmers taking over the procedure has cleared up many of the concerns that were being handled by the Board previously.  George noted the procedural part should include the financial accountability; he doesn’t think there’s money missing but if he puts in “x” for a fee he’d like to see how those funds are tracked and how Inspector Chalmers draws out that money for his fee; accountability is an important thing.  Selectman Thompson noted George has raised some big questions; he sees this topic as a separate issue for discussion at the next meeting.  The Board had hoped to get documents that were going to be part of the Board’s effort to craft a document that makes the qualifications clear.  He would like to commit to a separate agenda item for the next meeting; the Board has all but one of the documents so they should be able to be ready for the first meeting in December.  

Sarah Clemons is concerned with one person having that amount of power; it has taken away the checks and balances.  There is now one person making the decision; she’s sorry to hear the Selectmen have given up that decision.  It was clarified that folks can appeal through the ZBA if someone has an issue with Inspector Chalmers’ work; it no longer involves the Selectmen.  Inspector Chalmers keeps the Board abreast of permit approvals and concerns.  

Kathleen Dougherty asked why there was a change in procedure.  Chairman Allen noted the Building Code establishes what is done; all decisions go through the Building Inspector then it goes to the ZBA.  The town voted this in.   

Selectman Thompson noted that these concerns about checks and balances and tracking funds are certainly valid; the Board will plan to address these at the next meeting.  He explained that from personal experience, the learning curve on this Board was so steep he thought he would be a “rubber stamp” and he didn’t get the sense there were Selectmen before him that knew any better about permits and what the code required.  A Selectman starts out by putting a part-time effort into the job of selectman and then to have to make decisions about building issues didn’t make sense.  The Board sought out information from other towns regarding what they do.  If the Board doesn’t have it right or the procedure isn’t a good fit for Jackson, there will be an in-depth discussion about this at the next meeting.
 
Bea Davis read the discussion about public restrooms in the Minutes; she’d like to remind the Board that the town used Lila Pond funds to redo the bathroom for Arts in the Park but they aren’t suited for use in the winter.  It was clarified that the issue is establishing who is responsible to clean them if they are open all the time versus for a single event.  
  
Office Administrator Atwell received a call from Mr. Cyr; he would like to buy the Old Library building and move it to his property.  This building is not for sale; the Board has been working with the Old Library Committee to bring that building up to a serviceable and useable state.  

  • Police Report  Officer Sean Cowland noted the sex offender had until today to move out of Jackson; the Department hasn’t heard from him yet; there will be a follow-up at the next meeting.  He then reviewed Department activities since the last meeting; some items included one arrest for joyriding, two motor vehicle accidents, one domestic disturbance at a local establishment; one stalking order was served and there was one medical assist.  There was a report regarding a private investigator being in town; there were twelve false burglar alarms, one loose canine was picked up and taken to the Conway Area Humane Society.  A report was taken of a car parked in the right of way but it was gone upon arrival.  A report came in of a fire at Partridge Lane; there was a valid burn permit.  There was a report taken of a tree across the road; one resident was fingerprinted; there were two District Court trials and one decision.  A resident brought old prescriptions to the Police Department and both Officers Rosman and Cowland completed their mandatory trainings this week.  There was a training event yesterday that had the area in an uproar; the state training officer forgot the signs that go up informing citizens this is a training in progress.  They knew they’d catch heat for it given the search for Abigail.  
Selectman Thompson got a call from a citizen regarding unlicensed dogs; there are twenty-eight dogs thought to be unlicensed (some may have moved or be dead) and some owners have more than one dog.  This means there are probably between twenty and twenty-five individuals that need to be contacted.  The citizen wondered if it would be appropriate to have Jackson’s Police Officers try to reach out since their time is already in the budget.  Selectman Lockard and the Police will need to discuss this as Selectman Thompson is no longer the Police liaison.  

Chairman Allen passed along the concerns George raised regarding the parking lot being put in on Carter Notch Road.  

Bill Wogisch would like to know what “joyriding” is; Officer Cowland noted it is typically for an unlicensed driver or a juvenile that has taken the parental car.  Bill would like to know why this kid wasn’t charged as an unlicensed driver as that is a more severe charge.  Officer Cowland is not sure why the subject was charged this way.  

  • Building Matters – Andy Chalmers, Building Inspector  These permits have been issued; there were no concerns.
  • Building Permit 2013000059 Map V01, Lot 37C – 11B – (Owner – Bruni) – Renovate Kitchen
  • Building Permit 2013000060 Map V02, Lot 10M – (Owner – Balfour) – Add 8’ x 10’ x 10’ air lock mud room
  • Added Map v4, lot 34 sub lot 10, remodel kitchen bath hardwood floors
  • Map v10 , lot 137; replace existing stair and landing
  • New Business
  • Mill Street – Street Light – Becky Armstrong  This has been taken off the agenda at Becky Armstrong’s request; she was having issues with the light.  Chairman Allen noted if her concern is with one of the new lights, the Coop can change the angle.  
  • Preliminary 2013 Tax Rate  The Unreserved Fund balance can be reduced to lower taxes; the recommended amount to retain is eight to seventeen percent, which would be between three-hundred-sixty-nine thousand and four-hundred-sixty-one thousand dollars; the Fund balance is one-point-two million dollars.  The town used the Unreserved Fund last year to pay for the purchase of the grader; Road Agent Henry has been asked to identify paving projects; with some extra paving projects the Highway Department will be close to caught up with the paving needs of the town.  Last year the town kept three-hundred-sixteen thousand dollars.  Bill thinks some of the overage should be used to pay down the bond; the taxpayers have paid this money out; no one expects money back.  George asked what that would do to the tax rate; Office Administrator Atwell noted the rate would go from ten-dollars and thirteen cents to ten-dollars and twenty-one cents.  Chairman Allen likes the idea of paying off the bond.  The information came in on Tuesday but the Office would like to get the tax rate set before the next meeting.  Chairman Allen really didn’t want to set the tax rate tonight; he’d like folks to be able to give input regarding use of the Unreserved Fund.  Treasurer Warren Schomaker noted the Board needs to check on possible penalties or restrictions to prepaying the bond.   Chairman Allen noted the Board could set a percentage to retain; the town retained fifteen percent last year.  Office Administrator Atwell noted even if the town retained seventeen percent, the tax rate would be reduced.  Selectman Thompson, seconded by Selectman Lockard, made a motion to retain seventeen percent of the Unreserved Fund balance and to leave the Overlay balance as it is at twenty percent.  The motion passed unanimously.    
  • 2014 Health Insurance Rates  Office Administrator Atwell has received the renewal from Health Trust; she also got one from Harvard Pilgrim; Health Trust is still a few dollars less; the average increase is nine-point-three percent.  Selectman Thompson doesn’t think it would be worth the hassle to change providers anyway.  Selectman Thompson, seconded by Selectman Lockard, made a motion to continue Jackson’s Health Insurance plan with Health Trust.  The motion passed unanimously.      
  • Trustee of the Trust Funds for all Warrant Articles (added)   Selectman Thompson, seconded by Selectman Lockard, made a motion to release One-hundred-twenty-four-thousand-five-hundred-sixteen dollars for the 2013 Warrant Articles.  The motion passed unanimously.  
  • Charitable Organization Annual Financial Statement – FYI (added)
        
  • Trustee of the Cemetery, Lot Agreement (added)  Selectman Thompson, seconded by Selectman Lockard, made a motion to approve the agreement to purchase plots in the Dundee Cemetery for the sum of eight-hundred dollars.  The motion passed unanimously.    
  • Bill from Carroll County – FYI (added)  This is the bill for county taxes; the Board looked at the figures at the last meeting.
  • Taxpayer Forums (added)   The Board will be scheduling these; this is regarding things like Current Use and Tax Rates.
  • Public Health Network/Carroll County Coalition Merger (added)  There will be a meeting on December fifth that EMD/HO Grieg will attend regarding the merger into a Public Health Advisory Council.   
  • Sharing of Information with Other Municipalities (added)  The Board tabled this to the next meeting so the Selectmen can read about what this involves.
        
  • MWV Economic Council – Renew Membership (added)  Selectman Thompson, seconded by Selectman Lockard, made a motion to renew Jackson’s MWVEC membership.  The motion passed unanimously.      
  • Gino Funicella vs. Town of Jackson – Final Order (added)  The Court has found that all Non-Public Sessions had merit; Gino’s case has been denied.  He can appeal the finding but it’s the Board’s hope that this is “put to bed”.  Bill asked what the legal fees were to fight this action; when he was informed it was seventy-nine-hundred dollars, Bill stated the town should send that bill to Gino.  Later in the meeting Bill asked what issues Gino’s case involved; this was regarding both the Transfer Station and Holly Lewis.    
  • Renewal of LGC Membership (added)  Selectman Thompson, seconded by Selectman Lockard, made a motion to renew Jackson’s LGC membership.  The motion passed unanimously.      
  • FYI – Wetlands Permit Application Map V7, Lot 67 (added)  The owner had wetlands issues and has gone through the appropriate process.  
  • Workers’ Compensation Insurance Renewal (added)  Jackson’s estimated contribution will be twenty-five-thousand, two-hundred-twenty-three dollars.  Selectman Thompson, seconded by Selectman Lockard, made a motion to renew Jackson’s Worker’s Compensation Insurance plan with Property Trust and to authorize Chairman Allen to sign the renewal document.  The motion passed unanimously.      
  • Dental Insurance (added)  Office Administrator Atwell has looked into a one-hundred-percent employee-paid dental insurance plan through Health Trust.  The rates are one-hundred-fifty dollars per month for a family plan and forty-five dollars a month for a single plan.  There are no fees to the town; the Board has no concerns if employees want this.    
  • Old Business
  • Valley Vision  Selectman Thompson is following up on this; Conway Town Manager Earl Sires has responded; copies of the most recent proposal were distributed to the Board.  Conway will honor the existing arrangement of five-thousand dollars to receive ValleyVision broadcasting.  Regarding additional services, the proposal calls for a fee of fifty dollars per hour for filming by ValleyVision and broadcasting or twenty-five dollars per dropped-off disk/tape.  Residents voted at the last Town Meeting to increase the amount available for Channel 3 by five-thousand dollars.  Videographer Hank Benesh provides the services needed for a much better price and the Board expects to continue using his services.  The Board needs to assure the cost of twenty-five dollars per dropped off DVD includes broadcasting.  When Conway Selectman DiGregorio came to speak with the Board, he had discussed having set days and times for Jackson programming.  Bill wants to know how Jackson will benefit from this; he thinks Jackson can live without this.  Selectman Thompson reminded Bill that there was a proposal made at Town Meeting last year to increase the budget for ValleyVision.  Sarah would like to see a DVD available at the Library, which folks could take home; it was clarified that folks can watch all of these programs online; even if folks don’t have a computer at home they can use the one at the Library.  Hank films meetings of the Conservation Commission, the ZBA, the Planning Board and the Selectmen.  These are all available at Hank’s site, jacksonflicks.com; Hank noted he had been making DVDs for the Library when Diane was on staff; he can certainly start providing them again.  No one is interested in having ValleyVision do the filming; Hank will give the Library staff and volunteers a tutorial about his site.   Bill still thinks folks should forget about ValleyVision and just go to the Library to watch the meetings.  Selectman Thompson noted the Jackson voters gave the Board a different direction at Town Meeting; Bill is welcome to try to sway them at Town Meeting.  Sarah noted some folks who have kids in other schools wanted access to Channel 3 for sporting or musical event, not just for the meetings.  Part of this is the sense of community-connectedness that comes with being part of ValleyVision.  Selectman Thompson will get back to Conway to make sure the broadcasting of the tape is included for the twenty-five dollar fee and that there will be a timeslot specific to Jackson programming.
  • LGC Refund/School  Treasurer Schomaker noted the town got a sizable refund from the LGC for insurance; he wondered if the School is in a similar position.  He noted if the School got money back it should go back into the town’s general fund.  Selectman Thompson noted the Jackson School District doesn’t deal with the LGC.
        
  • Public Comment  There were none.
There being no further business, the meeting was adjourned at 5:39 p.m.

Respectfully submitted by:

Martha D. Tobin

Recording Secretary