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Selectmen’s Board Meeting
August 7, 2014
Present: Bob Thompson, Chairman; John Allen and Bill Lockard, Selectmen
Visitors: Town Office Administrative Assistant Julie Hoyt, Police Officer Sean Cowland, Treasurer Kathleen Dougherty, EMD/HO Tom Greig, Bea Davis, Bob Davis, Larry Seibert, Barbara Theriault, Jerry Dougherty, Martha Benesh, Dr. Carrier, Building Inspector Kevin Bennett
- Selectmen’s Meeting – July 24, 2014 (names were corrected) The minutes were approved as corrected (names).
- Update on 7.24.14 Action Items
- Fire Truck The topic of the fire truck came up at the last meeting; it’s being discussed now for budget-planning purposes and so the expenditure doesn’t come as a surprise to folks. Selectman Lockard met with Fire Chief/Road Agent Henry; the truck he plans to replace is twenty-seven years old; the replacement is required due to changes; it will be more maneuverable; it will have more seating; and have an area for heating or cooling personnel. The current tank is connected by a hose and the water depends on where the vehicle sits. The new vehicle will be vented so it can park anywhere. Due to the steep roads and driveways, off-the-shelf trucks don’t work. This truck will respond to
ninety-five percent of the calls and there’s a whole list of things being looked into for this vehicle. The town needs to put away one-hundred thousand dollars a year and in two more years there should be enough since there is currently two-hundred-sixty thousand in the Fund. There was a lot of discussion regarding trading the older truck versus the ‘95; the ‘95 has been heavily used; it is the most worn and is the most logical vehicle to replace. The plan will be to have a committee involved in the truck selection process; the committee will include the Fire Chief and Assistant Fire Chief, Selectman Lockard and then a community member. Selectman Lockard spoke with Gary Spears who has been involved with the Fire Department; Gary has agreed to be on the committee. There shouldn’t be a lot of meetings, two to four over the next couple of years. Past prices for Fire Vehicles are as follows: 1972 = $25,000; 1979 = $50,000; 1989 =
$120,000; 1995 = $160,000; 2004 = $220,000. A utility truck was purchased for one-hundred-twenty-five thousand dollars. In looking at these prices, the inflation is five percent a year. There are various rates for bonding depending on the length for financing. If the town were to take a twenty year bond it will end up paying fifty percent more. The town could roll the dice and take the bond now for use in 2020/2021, get interest on that money and maybe break even with earned interest. Selectman Allen is on the fiscal planning committee; this will be on their agenda.
- Building Inspector The town went through the applicants for the position and selected Kevin Bennett; he has accepted the position and has completed his Residential Inspection Certification. Building Inspector Bennett introduced himself to the members of the public, noting he is looking forward to working with the town. There was not a lot of documentation previously; now there is a sheet with all the documentation, including who was involved, kept in the Office. He is currently working on his Commercial Certification.
- Meloon Road Dump Barricade Selectman Lockard was supposed to speak with Manager Edgerly however, Manager Edgerly is not supposed to be contacted after hours. The issue is that someone went up to the old dump and put a barricade up and the Selectmen are perplexed as to who did this and why. Larry Siebert noted about a week or two ago a resident came to him and reported there had been dumping up there; there was a small propane cylinder and a sprayer for poison; it said right on it that it was Round Up. That’s at least two hazardous things. While these items have been picked up; Larry is wondering if perhaps a local resident thought it should be barricaded because of the stuff being
dumped there. Chairman Thompson wondered if signage up there would help; Selectman Lockard thought perhaps a gate or fence would be appropriate however Fire Chief/Road Agent Henry would prefer signage. Larry noted this property is used for parking right now; the Conservation Commission would prefer not to have a gate either; Larry will get together with Fire Chief/Road Agent Henry to discuss this further.
- Old Library Management Committee Chairman Thompson noted the Committee will be meeting this week; they will decide on their terms among themselves and then will be sworn in.
- Land Use Agreement/Old Library Chairman Thompson met with the PCA; the PCA is a decision-making body that controls the land and church building; they signed the Land Use Agreement with Fritz Koeppel to ditch around the land. The PCA contracted with Mike Weeder who suggested a change to allow the Old Library to hook into the church’s system and repurpose funds to asphalt the driveway. Counselor Malia wrote up the Land Use Agreement. The cost of a new system would be ten to fifteen thousand dollars; there needs to be agreement as to what is a reasonable percentage for the town to be responsible for should the Old Library hook into the system and it fails. The church has three bathrooms
and a kitchen while the Old Library has one bathroom. Mike and Chairman Thompson are set to meet on Monday the 18th to discuss what might be reasonable.
- Drainage Easement – Brooks’ property This has gone on to Counselor Malia; Fire Chief/Road Agent Henry was copied on this. Engineer Phillips has gone out to look at this area on Green Hill Road; the only way to solve the problem permanently is to put a culvert under the road. The town needs to put the easement in place before the work can be done. Everyone that has looked at this situation agrees it is the town’s responsibility.
- Striping Carter Notch Road George Howard asked the Board to appeal the state’s decision not to stripe all of Carter Notch Road as parts are fewer than twenty-two feet wide. Selectman Lockard doesn’t think the town should get involved; the state has set the rule and there’s a reason it’s in place; he feels it’s not worth getting involved in. Chairman Thompson sent out an e-mail to George however he is away at this time.
- Brassill Pond Town Office Administrative Assistant Hoyt followed-up on Sally Brassill’s statement that neither she nor Odd had received notice about the work to be done at Coutures however there was a receipt for the abutters’ letter. Sally does not believe she got the letter; ZBA Chair Frank Benesh noted after the letter is sent out and signed for it’s not the town’s responsibility to do further follow-up. Selectman Allen did talk to Sally; there needs to be a meeting with Engineer Phillips to make sure the Site Disturbance Ordinance is being met. They are constantly working to keep those nets working at Couture’s project. Selectman Allen would like the Board’s permission to engage Engineer Phillips to make sure everything is being done properly. After the last rainfall there
was a lot of sediment in all the rivers; it’s just a mess right now and certainly Sonny is not responsible for every drop up there; but he’d like to get Engineer Phillips’ input to make sure the site plan is being followed. The Board agrees engaging Engineer Phillips is appropriate. Selectman Lockard believes this is necessary to be sure the town isn’t abdicating any of its responsibility. The next step will be to schedule a meeting with Sony, Sally and Engineer Phillips.
- Selectmen Meeting Dates Upcoming meetings will be August 21st at 4:30; the September meetings will be the 4th and 18th.
- Public Comment Larry would like to know how someone knows to get an Intent to Cut? However that happens, how many acres and where it is should be part of the discussion. Bea noted a property owner can cut twenty cords but if it’s logging then an Intent to Cut is needed. Larry has received complaints about someone who clear-cut his property and run-off is now going into the road and driveways. Larry doesn’t know how much the man cut; he’s not sure if he got an Intent to Cut either. He would like to know what measures are in place to prevent erosion from the cut; he is getting more and more of these calls. It’s private property, but he’s getting calls about it. Bea suggested
contacting Bob Boyd at the Forestry. Chairman Thompson agrees the state form is not too terribly specific; it does show estimated board feet and number of acres. The property on the form he has tonight is forty-four acres and they are cutting twenty +/- acres. Larry noted that has the potential for a lot of erosion; there’s no information regarding the slope of the property; he feels that needs to be added.
Dr. Carrier is part of the Garden Club that maintains the gardens out in front of the Office; it is difficult to maintain these beds as they don’t have water out there and the plants are dying. He is proposing to tie-in to the spigot at the Office building and run a pipe under the blacktop; he wants to make sure there isn’t any plumbing or wiring underneath the asphalt that they are going to run into. They know there is a wire for the flag pole; Larry knows exactly where it is as he is the one that put it in; it’s down about three inches. Dr. Carrier is proposing to run PVC under the driveway and come up by the garden; they would do a mechanical timer and put soakers on the property so they can water daily. He thinks it would enhance the aesthetics of the property.
Dr. Carrier, having fixed faces all his life, is always looking for things to fix. The town did a great thing by putting the maintenance garage up back and with the homes all fixed up in town, the place is looking terrific. Then he comes upon the guardrail that is across from Badger Realty; it is dangerous; somebody is going to fall in there. It wouldn’t take much to fix and he’ll paint it. When informed the guardrail is state property, he noted he’d like the Board to make the state aware this is a danger to the community and it looks like hell. The rail on top has broken off and there’s nothing between that and the culvert. He’s sensitive about the town; the town is beautiful and that guardrail is an eyesore.
Dr. Carrier also noted, with the patched black-top having been applied on Black Mountain Road, with vision issues, around nine or ten at night with fog, he can’t see anything. Now, the yellow double line is gone from in front of the school; and the worst place is the first forty-eight yards of that road. Folks walk down the road in the middle; drivers whip around the corner; there is nothing to guide the driver to the proper side of the road because the black-top has covered the lines. He’d like the Board to push the state to put the line from the school up to at least Tin Mine Road. He didn’t know about the need for the road to be twenty-two feet wide to be striped but he’s sure this meets that width. When informed the state paints in the fall Dr. Carrier would like the Board to put
it on the record that this has to be done; the Board will voice their concerns and see what the response is.
Selectman Lockard would like to comment on the water project; he is impressed the Garden Club wants to take it on themselves however, he wants to make sure Fire Chief/Road Agent Henry is contacted to make sure there isn’t anything they are going to get into going under the black top. Dr. Carrier noted they will be using a professional who drills under the driveway and pulls the pipe through. It’s possible it’s time to look at using this opportunity to replace anything else under there. Since there’s no conduit maybe the electrical wire can be run during this process; it would be good to get the wire properly run while this is being done. Selectman Lockard would like to get, in writing, what is going to happen then make sure Fire Chief/Road Agent Henry has input. After that, as far as
Selectman Lockard is concerned, bring your guy up! A disconnect needs to be put in so the line doesn’t freeze up.
Martha Benesh noted the town spent a lot of money on maps for this town; much of the town is hills and those maps should have contour lines so they could be referenced for the Intents to Cut. The maps have the overlay but not the geology; she believes the geology should be part of the package for the price paid. The town should also have its own checklist to go with the Intent to Cut.
Bea noted the tractor has been mowing the side of roads; the town needs to get it registered with a plate so it’s legal to be on the road.
- Police Report Officer Cowland reviewed Department activities since the last meeting; some items included one noise complaint; one bear complaint; one dog complaint; two medical assists; two false burglar alarms; one domestic disturbance call; one Project Good Morning check and one coyote complaint. There was one arrest for driving ninety-one in the forty mph zone coming into town. There was a report of a suspicious circumstance; theft of money at a local inn and the Covered Bridge Dance went well. With the band closer to the end of the bridge there was less load on the bridge as planned.
Regarding the heating and cooling issues in the Police Offices downstairs; it would be cost-prohibitive to get a bigger system; the mini-splits are the best option. If the door between the offices is kept open, one would be enough to start with and they can get a second one the next year. Chief Meyers is okay waiting until next year to do this so the funds can be voted in with next year’s budget.
- Weekly Report(s) Submitted by Robert Goudreau & Kevin Bennett Chairman Thompson read the reports submitted by Inspectors Goudreau and Bennett.
All of the following items except the driveway permit (g) are permits which have been issued and are FYI.
- Building Permit 2014000033 Map V08 Lot 17 - (Owner – Roden) – Remodel interior house, remove screened porch, build 26 x 26 addition garage with deck
- Building Permit 2014000034 Map V08 Lot 57 - (Owner – Decubellis) – Build 28 x 38 single family residence
- Building Permit 2014000035 Map R12 Lot 130 - (Owner – Bellen) – Demolition of residence must be completed by 9/1/14 per order of the Town of Jackson
- Building Permit 2014000036 Map R13 Lot 19 - (Owner – Couture) – Construct new barn 32 x 44
- Building Permit 2014000037 Map V02 Lot 53 - (Owner – Schoennagel) – Demolish 18 x 18 barn
- Driveway Permit Map V08 Lot 210 Middle Mtn Trail – (Owner – McDevitt McCann) Selectman Lockard, seconded by Selectman Allen, made a motion to sign the driveway permit. The motion passed unanimously.
- Intent to Cut – Map R08 Lot 45 – Signatures required As previously noted, there have been calls about this; Selectman Allen would like the town to have a checklist that includes slope/erosion information, however as the DRA made the Intent to Cut form and they are comfortable with it. Slope steepness is a major factor for Jackson; he’d like to have the DRA contacted to see what their thoughts are. While he realizes the Intent to Cut is a state form, it may be that Jackson needs to come up with a more thorough form to address slope. Selectman Lockard, seconded by Selectman Allen, made a motion to sign the Intent to Cut. The motion passed unanimously. Bea noted Jackson has a forester; Don Johnson should be contacted and involved.
- Highway Report – submitted by Jay Chairman Thompson reviewed the Highway Report.
- Tax Abatement – Signatures Required This was already approved; this just needs the Selectmen’s signatures on it.
- Conservation Commission Issues – Larry Siebert & Prospect Farm (agenda item 7c) Larry provided the Board with the report monitoring work done and plans for what they’d like to achieve at the Falls. The plan has been shared with the road crew as the erosion stone needs to be cleaned; then they would move on next to move boulders, remove the parking on Valley Cross Road and to better designate parking on Carter Notch Road. The plan would be to define the spaces better then reduce parking completely on Valley Cross Road. They will certainly put rocks down so folks can’t drive into the woods there; at least a couple times a day vehicles are driving into the woods there which can only
start erosion, paving the parking lot would reduce the run off.
Regarding Prospect Farm, someone asked for the key so they could go camping with their family. There is a management plan in place for the timber but nothing about the use of the property; there should be a Selectmen’s ordinance regarding the rules and uses for the forest. Another option would be to put in a conservation easement; Larry was going to speak with the Upper Saco Valley Land Trust regarding what that would look like. He would like to get the conversation started around town in preparation for Town Meeting so folks can start thinking about what they want Prospect Farm used for. Ezra Baker left the land to the town for a public park; it’s part of the forest reserve; does the
town want vehicles up there; do we want ATVs, snowmobiles, camping, building fires, hunting, doing target practice and dumping from the road crew. In the meantime, the Selectmen could set up some rules until March. The Commission is having a Master Plan done and they’ll bring in Fire Chief/Road Agent Henry, Don Johnson and Jon Edgerly. Chief Meyers has already weighed-in; he does not want to have to worry about that property and people up there partying and having fires. This can either be brought to the voters in March or the Commission could propose a conservation easement; Larry noted Dexter has brought the Grammar School students up there for years to camp and he doesn’t want to see that end but perhaps the town could determine the land would not be used for general camping. The Conservation Commission will do the work and come back to the Board in September. Selectman Lockard has no recommendation; he would love to hear what the experts
have to say. Larry noted there would be either an ordinance or an easement; and an ordinance can more readily be changed. Bea thinks some uses were voted on at Town Meeting. Larry wasn’t able to find anything about use; the Conservation Commission voted not to allow snowmobiles but that is not binding. Jerry agrees with Bea; he thinks it was fifteen years ago. Snowmobiling used to be done on Prospect Farm but Thom Perkins made an appeal that cross-country skiing and snowmobiling are mutually exclusive. Bea noted the property really isn’t big enough for snowmobiling and she would be against putting it into conservation land because it was given to the town to use. Chairman Thompson thinks this should be mapped out and that a couple of Public Hearings should be held to discuss this. It could be a big project and the Conservation Commission can hire folks if needed however if there is anyone out there who wants to help, folks don’t
need to be able to do the work to provide assistance in this project.
- Mutual Welfare Agreement Counselor Malia drafted a contract for outsourcing Jackson’s welfare cases to Conway. Selectman Lockard note these don’t come up often but there was one last year and the Office Staff were on the phone with Conway and Berlin to figure out what to do; the whole Welfare process is very delicate; Jackson was able to stay within the law with the help of others. Doing this properly in-house would require putting a lot of money into training; by contracting with Conway, Jackson will give these cases to someone who does them all the time. The Proposal is that the Board sign this and turn the administration of the claims over to someone who does it regularly; the town would pay thirty-one
dollars per hour for BJ Parker’s services. Bea wants to know why this can’t be done in-house; prior cases were. Selectman Lockard noted the recent experience showed him the town needs someone who is familiar with all the rules and regulations that apply. Bea noted she’s sure Office Staff can just call BJ and she’ll help. Selectman Lockard feels that is a problem; everybody has been helping and for short money the town can provide appropriate services; if the town doesn’t contract out the services then a member of town staff will need to go to classes to learn how to do this. Bea noted there is a booklet that tells folks how to do this; she feels this is something that should be kept in town. There are towns in the state that deal with this every day and then there is Jackson that rarely get a case; Selectman Lockard feels thirty-one dollars an hour is short money. If the town suddenly got blasted with cases then contracting
services can be rethought. The last case was very difficult and time-consuming. Selectman Lockard went through all the booklets and is concerned the town could get into a libelous situation. Chairman Thompson noted Jackson would not be bound to use Conway for its cases; if a simple case comes in they could try to handle it in-house but with the contract the town would have the opportunity to send it over to Conway. Selectman Lockard noted the town needs this protection; this needs to be done. It’s a one year agreement and if the town gets a simple case, like someone needing heating oil, then the town will just get the heating oil and not send it on to Conway. Selectman Lockard, seconded by Selectman Allen, made a motion to sign the agreement with the town of Conway to assist with welfare issues. The motion passed
unanimously.
- Letter from State re: Application for liquor license - Inn at Ellis River – FYI The Inn wants to renew its liquor license and the Commission is seeking any input; there was none.
- Old Library – Land Use Agreement This was previously discussed.
- Clifton Smith Cemetery Trust Fund – New Fence Barbara is here to ask the Board to assist with this situation. The Trustees of the Cemetery Trust Funds were under the assumption that they have full power over the money and are the only ones who can disburse it. Bids were requested and they accepted Gary Spears’ bid. He went forward and ordered the materials and paid a fifteen thousand dollar deposit for the stonework. After that was done the Trustees heard from Terry at the Attorney General’s office, a new word had been inserted calling the work a capital improvement. Every Cemetery Fund is designated, in part or total, to be used for Maintenance and Repair. There will be no change in the footprint; the fence will be more secure and more aesthetically pleasing. The whole structure will be long-lasting; it’s estimated to last eighty to one hundred years as compared to the thirty years the current fence has been up. The whole hang-up is because of the term “capital
improvement”; as such the Trustees were informed they have to wait until Town Meeting; put this as an addendum to the town budget and get approval from the voters. The new wording is interfering with the project; the Trust has the money now and the town knows where the money is. Meanwhile, the one person really hurting is Gary; the granite is in transit and since he put up the money it belongs to him. If he can’t do this right away he will have to store it for the winter and there will be an increase over the original bid unless the town has some place to store the granite, since the cemetery is town land. Until this goes to Town Meeting Gary won’t be reimbursed; he’s sitting in a hole. Another lawyer read the same thing but is in total agreement that the Trustees are the only ones who can disburse funds. This issue only came to light when Helene went to get the withdrawal to reimburse Gary and she was informed this became a capital
improvement project. Gary put that money out at the end of June and the Trustees would love to get this done before winter. This is a really embarrassing situation for the Trustees. Terry applied a different RSA; she on vacation for three weeks and there is no one else who can help with this. The town has funds in the Maintenance line; perhaps that could be utilized; the issue would be how to get the money back. It may be time to get Counselor Malia involved. Jerry feels the funds have not been approved or appropriated so they can’t be used for this. Selectman Lockard noted the town is involved in this and he feels it’s the town’s responsibility to make sure Gary gets his money now, not in March. A deal was made with a local guy, who put money into the materials and the town has to pay him. Selectman Allen noted the town is tied to its current budget; he doesn’t see any way to pull money out of another line even though
he fully agrees, in his heart, with “finding” the money now. He thinks the Board needs to contact Counselor Malia. Chairman Thompson noted the work is clearly Maintenance and Repair; but neither the invoice nor the estimate define it as that. The town has received an opinion from the Attorney General’s Office; it makes sense to go back to the Municipal Association to clarify this is a renovation not new construction. There is new criteria somewhere saying this is a capital improvement however the work meets the criteria for Maintenance and Repair; Counselor Malia needs to weigh-in on this. Selectman Lockard noted, regardless of all the opinions out there, the Board has to figure out how to pay Gary. Chairman Thompson thinks timely answers can come in between now and the next meeting; another option would be to call a Special Meeting; the Selectman aren’t in a position to make a motion without all the information; once the Board gets the
information then it can take some action. Jerry noted the town will never get the state to approve a Special Meeting for this. The Board will ask Counselor Malia if this could be categorized as an emergency situation so Unreserved Funds can be used. Barbara was thanked for all her work on this matter. It was also noted that now that care of the cemetery is contracted there are two riding John Deere mowers, a weed whacker and maybe some other items that will be going out for bid. Larry noted the Conservation Commission might want those.
- Prospect Farm Previously discussed; see agenda item 6d
- Public Comment Jerry noted, with respect to the Mutual Welfare Agreement with Conway, Jackson will still be on the hook for meeting all requirements. He would also caution the Board to either choose to use Conway or not; it can’t be arbitrary based on the case.
Jerry noted the Board referenced the Site Disturbance Ordinance; this is only a guideline, it is not a regulation; it doesn’t require a submittal by anyone. Since its inclusion in the permitting packet only two parties have been required to do anything about site disturbance; the Board, with the exception of two, has not required submittal. The legal problem with those two exceptions were long and expensive for the town. Selectman Allen understands this but if the Board does nothing about these issues that it is accused of ignoring the Site Disturbance Ordinance. Jerry reiterated the Board doesn’t have any authority to do anything about this, it’s not a regulation. The Board is trying to address run-off; Jerry noted the Board can’t look to the Site Disturbance Ordinance as its teeth
to deal with that. This was looked at by the state; Jerry suggests the Board be careful in how it uses that part of the Zoning Ordinance and to minimize its level of involvement in issues between property owners.
Selectman Allen, seconded by Selectman Lockard, made a motion to go into Non-Public Session in accordance with RSA 91-A3, II(c) at 6:20 p.m. The motion passed unanimously.
- 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.
Selectmen’s Non-Public Session
August 7, 2014
Present: Bob Thompson, Chairman; John Allen and Bill Lockard, Selectmen
Visitors: Tom Grieg, Emergency Management Director/Health Officer
Chairman Thompson called the Non-Public Session to order at 6:25 p.m. The Board discussed a case of folliculitis that may have been contracted by an out of town visitor staying at a local inn.
Selectman Lockard, seconded by Selectman Allen, made a motion to close the Non-Public Session at 6:28 p.m.
The Board returned to Public Session at 6:28 p.m.
There being no further business, the meeting was adjourned at 6:28 p.m.
Respectfully submitted by:
Martha D. Tobin
Recording Secretary
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