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Board of Selectmen Minutes -- 05/01/2014
Jackson Selectmen’s Meeting
May 1, 2014

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

Visitors:       Town Office Administrator Julie Atwell, Fire Chief/ Road Agent Jay Henry, Treasurer Kathleen Dougherty, Videographer Hank Benesh, Bea Davis, Annette Libby, Gino Funicella, Frank Day, Susan May, Joan Aubrey, Marilyn Rodes, Bill Wogisch, Margie Furlong, Larry Seibert, Jerry Dougherty, Joyce Allan, Peter Benson, Frank Benesh

Chairman Bob Thompson called the meeting to order at 4:30 p.m.

  • Amend and approve minutes
  • Selectmen’s Meeting – April 17, 2014  Gino Funicella asked to make a correction to the Minutes, which state Fire Chief Henry said the town has had four Building Inspectors in the past five years which is incorrect.  Andy Chalmers began working with Jackson, as part of Shawn Bergeron’s team, around 2005 or ’06.  In 2009 Andy became Jackson’s full time Building Inspector; he was in Jackson from ’09 to ’14 which is the past five years.  Selectman Allen noted the time frame may have been incorrect but there were three or four in a short span.  Gino just wanted to make sure the record was correct.  Chairman Thompson thanked Gino for the historical perspective.  The minutes, however, capture what was said.  The Minutes were approved as written.
  • Action Items
  • Life-Safety recommendations  Selectman Lockard will follow-up on this for a future meeting.
  • Police Department as authorized depositor  Selectman Lockard spoke with the Police Department regarding making deposits in the absence of Treasurer Dougherty; they are okay with that.
  • Building Inspector opening  Letters have been sent to the applicants letting them know the town would be reposting the position due to the limited number of applications that came in.  As of yesterday there have been no applications, which is discouraging.  Selectman Lockard noted Berlin has no Building Inspector and Gorham has one for two days per week.  The ad allowed for responses up until May 6th; he believes the next step would be to see if Jackson can organize a way to work with Gorham for a shared Inspector or utilizing MRI as previously discussed.  The Board agrees it is okay to recruit at this time; Conway has also been mentioned as an option for a shared Inspector.   
  
  • Town funds spent on Whitneys’ Pond  Fire Chief/Road Agent Henry noted this topic is discussed every three months; in September he reported to the Board that during 2012 – 2013 Jackson didn’t spend any money on the Pond.  The Highway Department did some raking and seeding but there was no hard cash spent.    
  • Health Insurance  This is on-going.
  • Sandbag issue Whitneys’ Pond/Great Brook  The town hasn’t heard anything further from DES; Selectman Allen looked at the area and didn’t see any sandbags or other issues.  He’ll be cleaning up Great Brook during Valley Pride Day on Saturday and will be able to provide an update on its condition at the next meeting.  
  • Transfer Station Options  Engineer Phillips had said it would take a month or so for him to generate these plans; Office Administrator Atwell will catch up with him to get a sense of where he is and how he’s progressing.
  • Public Comment  Gino wanted to make sure his correction to the time frame for Building Inspectors would be in the record; he was assured it would be.  
  • Police Report  There was no report this evening.
  • Highway Truck – 2005 International – Bids Submitted  The sealed bids were opened and read into the record, as opened, as follows:
  • R. Brooks Excavating, Stewartstown, NH          $33,000
  • Opdyke Inc., Hatfield PA                                $46,600
  • Diprizio GMC Trucks Inc., Middleton, NH         $32,000
  • Town of Brownfield                                      $36,725
  • Fred Henry, FFJ Excavating                             $27,000
These are bids only and the Board has the right to refuse any of them; Chairman Thompson believes it’s “Winner takes all”.  Bill Wogisch wondered if the folks from Pennsylvania saw the truck; Road Agent Henry noted he spoke with them twice and sent pictures.  He truly thought thirty thousand would be the highest bid; he’s shocked but the truck is in good shape.  There is a strong bid from Brownfield but is it ten thousand dollars lower.  The Opdyke bid is good for thirty days from April 22, 2014; this is a company that buys and sells trucks; they are a contractor/seller.   Selectman Allen, seconded by Selectman Lockard, made a motion to accept the bid for the 2005 International from Opdyke, Inc. of Hatfield, PA for forty six thousand six hundred dollars.  It was clarified if Opdyke declines then Brownfield will have the next option; Frank Day noted Brownfield would still be interested if Opdyke turns it down.  There was no further discussion.  The motion passed unanimously.  

Road Agent Henry would like to update everyone on the Grader repair.  He received the final invoice and Jackson’s portion will be a little over ten thousand dollars.  The email was read into the record (see attached).   Road Agent Henry noted this is why he deals with CAT.  Jackson bought a used grader and put twenty thousand dollars into it and now the town has one that is better than a new one.  The town bought a used machine with no warranty and CAT warrantied it.  An engine valve broke which is very rare.  These are very expensive to work on; it cost eight thousand dollars to re-spring the 2008 truck; in this case the town is going to spend ten thousand dollars and got a new engine.  The Selectmen will put together a thank you letter to Milton CAT about how well they treated Jackson.  They will also put together a letter thanking Road Agent Henry for his professionalism in this situation.   Road Agent Henry noted LADrew and FFJ stepped up to help out and kudos go to the CAT mechanic who worked in zero degree weather to try to fix the Grader.

Fire Chief/Road Agent Henry noted he and Inspector Goudreau have been working on a policy to get Jackson’s driveway permit in order for when the new Inspector comes on.  He’s been handling these and with driveways that have existed since before zoning it was his understanding that since the driveway was already there they don’t need a permit.  The driveways at the Couture and Evans properties came up.  He and Inspector Goudreau have put this in writing so it is now an official policy that existing driveways shall not require a permit unless there are issues.  

Selectman Allen noted this issue came up at the ZBA meeting last night; they believe the driveway permit and the building permit should go as package.  The process is spelled out; Inspector Goudreau and Fire Chief/Road Agent Henry have the document and they are making it simple and easy.  The Board can either approve or disapprove of this as an official policy or they can leave it as a “house policy”.  Selectman Lockard looked at the procedure book; he feels it helps everybody to understand the process.  He doesn’t think is has to be an official policy signed by sixty people; this doesn’t need a big approval process; he has no issue with the way it’s written; he’d prefer not to drive a new six signature policy that requires another six signatures to change.  He urged the Board to agree that this is the policy that will exist until a change is required.  Chairman Thompson would like to have a couple of readings of it with tonight being the first reading; Office Administrator Atwell will type the policy up and the Board will formalize it.  Fire Chief/Road Agent Henry noted the Road Agent’s responsibility is in from the curb-cut for the first twenty feet.  After that it gets into fire access – the percent of grade, turning radius, et cetera which is from the State Fire Code.  The Building Inspector has no authority regarding driveways or roads.  The Coutures had a road issue; the Evans had bridge issues; this comes down to the Fire Inspector and/or the Fire Chief.  The Road Agent needs to be able to work with the Inspector.  This policy will also help the new Inspector know what his/her/their role is.  

Road Agent Henry noted the breathing air compressor broke down a couple of weeks ago; it seized up.   It was used when Jackson got it; the compressor was taken to Burlington, Vermont; they will take it apart and see how bad it is.  This is a thirty thousand dollar compressor so if it can be rebuilt it will be just as good as new according to a number of folks.  If it can’t be repaired then Road Agent Henry will look for a grant.  North Conway has a compressor but no one else in the Valley has one.  It will take a while to fix so Jackson can fill the Cascade truck in North Conway.  Town property clean-up and sweeping is almost done.  Road Agent Henry contacted the State DOT about the aid for paving; he informed them that Jackson’s voters put aside thirty thousand dollars this year; the state has agreed to match that.  The Board would like to see that used on “The Loop” but this is mostly up to the DOT.  Jackson’s thirty thousand will be used for paving by the Falls/George Bordash’s; Road Agent Henry’s not sure yet if he’ll go north or south.  The State plans to do shimming by Chesley Farm.  Selectman Allen would like to ask if the State can paint the parking spots out by the bridge.  Road Agent Henry noted he has had discussion about this as well as about painting the school crossing and he always gets the same answer; “It’s on the schedule and will get done when it comes up.”  Road Agent Henry is also looking at doing something a little different with the sidewalk in the Village from Yesterdays to the Fire Station; he’s looking at the option of crack-sealing and sealcoating; the cost would be two thousand dollars.  The big issue will be roping it off so no one goes on it until it’s dry.  He believes it’s not a bad way to spend a little bit of money to try to extend that pavement.  Selectman Allen agrees it will give the Village a fresh look; the town is already going to do the sidewalk out on Route 16; he thinks this would be money well-spent.  Selectman Lockard will defer to Road Agent Henry.  Road Agent Henry is getting paving quotes now; he’d like to do a “ride around” with Chairman Thompson so he can develop a plan for paving.  It all needs to be done; he’s trying to do reclaiming because shimming is just a coat.  It is more expensive but the town can’t afford to box cut the pavement and do it right; the reclaim isn’t perfect but some of the sections have held up well.  The town can always decide to spend a million dollars to box cut its roads; that’s up to the Selectmen to make those decisions.   

Road Agent Henry would like to use the money in the Expendable Trust Fund for Leases, Repairs or Purchases that was specifically established for this purpose to pay for the Grader repairs.  Selectman Allen, seconded by Selectman Lockard, made a motion that the ten thousand dollars in the Expendable Trust Fund for Leases, Repairs or Purchases be used towards repair of the Grader.  The motion passed unanimously.

Road Agent Henry noted there are a couple of Expendable Trusts that were going to be dissolved, this Trust was one of them.  He thinks these Trusts should be kept in place so they can be used.  There is a Fire Trust that was established in 1990; it has a thousand dollars in it and rather than dissolve it he’d like to see a little bit of money put in it over time “just in case”.  He’d like the Board to think about this option rather than doing away with these Trusts.  

  • Bartlett Recreation Department – Annette Libby  Department Director Annette Libby joined the Board; she noted for the past eight years Jackson’s kids have joined anything held through Bartlett Rec and are welcome to do so.  Jackson has such a strong soccer presence they have their own team and play under Bartlett Rec’s umbrella.  Last fall they went to a soccer tournament and Annette was asked if she had two teams and if so, what division would they be playing in.  Jackson was put in the same division as Bartlett; Bartlett dominated and Jackson was eliminated.  At a Carroll County Rec meeting, that Annette couldn’t attend, they voted that she could no longer bring two teams; at their next meeting Annette let them know this wasn’t acceptable.  In 2011 they voted to allow Jackson to pay a fee to participate in this program; they were good with that agreement and now they want to change the rules.  This will be on the agenda for their next meeting.  If she has to set up two separate teams then so be it.  Annette’s proposal will be for a motion to be made to have a new Rec Department join CCR and Annette will be the Director of both.  CCR would like her to join the two teams and cut players but that’s not appropriate at the Rec level; she’s not going to have kids not be able to play a sport they love.  Chairman Thompson noted this makes sense; Jackson has always had its own identity.   Annette noted if she’s allowed to take two teams there can’t be Jackson shirts because they would be under Bartlett Rec so she’ll purchase two sets of shirts, one would be blue, the other red; one will say Jackson/Bartlett and the other Bartlett/Jackson.  
Annette thanked Jackson for letting the rookies use Jackson’s baseball field; it works well.  Both towns are under LGC/Health Trust so certificates of insurance are in place and there is also Cal Ripken insurance.  Mark Synnott was the coach last year; she expects the same this year.

  • Building Permit and Report from Robert Goudreau  Inspector Goudreau’s report was reviewed.  Engineer Phillips will be contacted regarding a septic system design for a denied septic application.
  • New Business
  • Request to waive Interest & Penalties on Tax Bill  This is a request from homeowners that didn’t get their bill in on time due to the sale of property; the bill was sent to the previous owner and they’d like relief in the amount of fifty one dollars and change.  Selectman Allen is sure the changeover of information is part of the closing process.  These folks want the town to accept responsibility for their not paying their bill on time and waive their fee and interest.  Selectman Lockard thinks this should be denied; this could open a can of worms; this request may only be for fifty bucks but the next one could be much more; this Board isn’t going to set that precedent.  
  • Town of Conway – MOU  The MOU for Channel 3 has been signed by the Conway Selectmen; the agreement is twenty five dollars per film provided by Jackson and a two hour time slot.  If Channel 3 does the filming the cost is fifty dollars.  Videographer Hank Benesh has been working with Bill Edmunds at ValleyVision and drops off the films the day after each shoot.  The voters are happy; this is what they wanted.  ValleyVision did mention that there is no consistent video from the town that is scheduled after Jackson so if there is more than two hours Bill will show more than the two hours.  Selectman Lockard, seconded by Selectman Allen, made a motion to enter into the MOU between the town of Jackson and Conway in regards to ValleyVision/Channel 3.  The motion passed unanimously.   
 
  • Old Library Management Committee  The Committee was asked to look into any agreements between the town and the Protestant Chapel Association.  Joyce Allan is President of the PCA; she noted there is a Land Use agreement between the town and the PCA from 1934; there was an update in 1978 but there is no valid agreement in place because it lapsed due to the change of use.  In 1979 the PCA changed the rent from ten dollars to one hundred dollars.  Joan Aubrey noted it’s now 2014 and the town has agreed to spend a good bit of money on the restroom; there needs to be a clear agreement between the town and the PCA; it’s no longer a public library; it’s a place where there are small meetings.  Joyce noted the agreement just needs more clarification.   Engineer Phillips drew up a suitable septic design and the PCA sent a letter to the Committee giving their blessing and good luck with the project; they recognized at that time that the use was changed and no one objected.  Joyce noted the PCA won’t create an issue but it would be good to have something drawn up and presented to the PCA’s Board of Directors, which was given the authority to act for the PCA.  Joyce will call a meeting of the Board of Directors to approve an informal agreement regarding the use of the building.  Susan wondered if the plan would be to take the original agreement and update it; no one is sure the original is available; no one thinks a lawyer needs to be involved however, Health Trust may have input regarding other town/church land-use agreements; they may have a template.  Susan pointed out the town already has a template of the reverse with the town renting the Town Hall to the Historical Society; she suggested looking into that and crafting a draft.  Joyce wants this kept as simple as possible.  The town knows what it wants from the PCA and they want a use they approve of; she thinks amending the original agreement would be part of the process.  Marilyn Rodes wondered how long it would take to get input from Health Trust and what would be asked.  Chairman Thompson noted the Health Trust responds usually within twenty four hours.  Like most attorneys they give advice that is very gray but it is a logical starting part.  The Committee is on a time table; they are working on bids and hope to be coming to the Board by the end of June.  Chairman Thompson noted he has Town Counsel’s response to the Committee’s questions; fresh off the press and will send it out to the Committee.
Bill wondered if Jackson is paying a hundred dollars a year for rent on the Old Library; this was affirmed; the rate was changed in 1979.  Bill wondered if this is invoiced or if the town just cuts them a check; it’s not discussed at the budget meetings.  Office Administrator Atwell will follow up on why this doesn’t show up in the Town Report.   

Chairman Thompson noted there was a conversation regarding appointing a “new” Old Library Committee.  The “current” Committee was formed in 2011 and lapsed on April 1, 2014.  Joan suggested having the Selectmen involved to provide for town representation then there’d be no need for the Committee.  There needs to be some sort of town representation because town money is involved.   

Jerry Dougherty noted only the Selectmen can enter into a contract. Susan wondered if he is suggesting the town reform the Old Library Committee in addition to the Old Library Trust; then there would be two different groups trying to manage the building.  The Board agreed not to re-form the Committee; having a Selectmen’s Representative is enough.  Susan noted they have a meeting once a month; the Selectmen could rotate.  Selectman Allen will be the “go to” person; Chairman Thompson is going to their meeting on Sunday and will get clarification.  Gino reiterated the Selectmen are the only ones who can approve a contract.    

  • Fiscal Planning Committee Submissions  The ad hoc Fiscal Planning Committee is coming together; membership so far includes Selectmen’s Representative Allen, Office Administrator Atwell, Jerry Dougherty IV and George Howard.  The Board had two citizens submit letters of interest for one seat.  The Board can accept both or neither; the Board agrees to accept both Bea Davis and Moderator Bill Kelley.  This committee isn’t voting on anything; it is only making recommendations.  The town’s accountant will attend too; Tammy will provide clear guidance for the group.  Office Administrator Atwell will work out a date for their first meeting.  
  • TAN – Line of Credit  Jackson is going to get a TAN – Line of Credit with Mascoma Savings Bank.  Bill thought the town had a line of credit but was informed it has lapsed; he’s concerned the town is changing banks.  The town is not changing banks; Town Office staff went out and sought banks interested in setting up a TAN and Mascoma came in with the most appealing option.  Gino noted the town had a TAN several years ago; he cautioned the town be careful of the way these funds are handled and suggested talking with Warren as he may have information on that.  Before Town Meeting Gino spoke to (Town Auditor) Dave Mason and asked how much money was in the Non-Expended Funds category.  At that time there was one point two million dollars.  Gino is wondering why the Board thinks Jackson will need a TAN; if Jackson has a million dollars why are we worried about paying our bills.  A more in-depth report will be prepared for the next meeting.  Treasurer Dougherty noted Jackson has no way of knowing what could come up and it wouldn’t be able to get the funds fast enough; the TAN is just for safety’s sake.  Frank noted the town has done business with TDBank for a long time; Treasurer Dougherty noted Jackson still banks with them but they wouldn’t do a TAN for the town.  Frank is concerned that the bank Jackson deals with won’t lend the town money.  It was clarified that TDBank would do it but not as fast as Mascoma; it would take a month to get it.  Frank noted that isn’t a line of credit then; he’d suggest developing a relationship with one bank.  Treasurer Dougherty noted it would be too far to drive to make the deposits if they changed to Mascoma; the closest branch is in Littleton.  Selectman Lockard, seconded by Selectman Allen, made a motion to set up a Line of Credit with Mascoma Savings Bank.  Frank asked if this is a committed line; he noted there are different lines of credit; some are more certain; he suggested the Board investigate how committed the bank is.  Bill can’t believe TDBank won’t do business with the town.  There was no further discussion.  The motion passed unanimously.
  • Treasurer – Delegating Duties  Selectman Allen, seconded by Selectman Lockard, made a motion to put together a form that would allow the Treasurer to delegate deposit authority to the Police or Selectmen in her absence.  The motion passed unanimously.  Office Administrator Atwell will draw this up and the Board can sign it Out of Session.
  • Wetlands Permit – FYI (East Branch – Slippery Brook)  This is an FYI from the Wetlands Bureau for work on the end of Town Hall Road; it has very little to do with Jackson.  
  • Gender Neutral Verbiage – Bartlett-Jackson Ambulance  Chairman Thompson noted this is really Old Business as it was previously accepted.  This is the original document to be signed by the Selectmen.  
  • Old Business
  • Board Appointments – ZBA Letter of Interest  Huntley Allan is interested in serving as an Alternate on the ZBA.  Selectman Allen, seconded by Selectman Lockard, made a motion to appoint Huntley Allan as an Alternate to the ZBA.  The motion passed unanimously.  
  • Public Comment  Gino noted after a review of expenditures, between the town and school Jackson’s tax rate will increase about twenty five percent; he wondered if the Board has considered an infusion of capital to mitigate the increase in taxes.  Chairman Thompson noted that is why the Board approved forming the ad hoc Fiscal Planning Committee; its purpose will be to look at expenditures and funding options.    
Larry Seibert noted Chairman Thompson had spoken about focus group meetings to assess town wide communication; Larry wanted to make sure Chairman Thomspon knew the Conservation Commission will be meeting on May 12th at 6 p.m. not the 5th at 5:30; Chairman Thompson is on the agenda for 6:30.    

Frank brought up the discussion had regarding the driveway and building permit process at last night’s ZBA meeting; the current process sets the town up for misunderstandings.  Selectman Allen had passed this information on earlier and the permitting process is being reviewed.   Frank would like to know who is responsible for enforcing the highway standards.  He was informed from twenty feet in is under the State Fire Ordinance.  

Selectman Allen, seconded by Selectman Thompson, made a motion to go into Non-Public Session in accordance with RSA 91-A:3, II (c) at 6:20 p.m.  The motion passed unanimously.  

  • Non-Public Session:  Vet Credit
  • 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.  
Respectfully submitted by:

Martha D. Tobin

Recording Secretary