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Board of Selectmen Minutes -- 10/02/2014
Jackson Selectmen’s Meeting
October 2, 2014

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

Visitors:       Town Office Administrator Julie Atwell, Officer Sean Cowland, Videograher Hank Benesh, Bea Davis, Nancy Davis, Larry Seibert, Breanne Torrey, Ken Kimball, Penny Mille, George Howard, Suzanne Scolamiero

Chairman Bob Thompson called the meeting to order at 4:32 p.m.

  • Amend & approve minutes
  • Selectmen’s Meeting – September 18, 2014  The Minutes were approved as written.
  • Non-Public – September 23, 2014 – sign minutes envelope RSA 91-A:3, II(c)  The envelope was signed.
  • Update on 9.18.14 Action Items
  • Parking lot at Doublehead  Selectman Allen has sent an email to Andrew Beal; there’s been no response yet.
  • Culvert/Brooks property  The Brooks have been informed this will be a spring project.  
  • Jackson Falls  Chairman Thompson noted the Conservation Commission has spent some time on this; Larry will talk about this more later.
  • Safety concern with bushes at Grammar School crossing  The bushes have been trimmed.
  • Conduit for Water/electricity at Offices  Suzanne Scolamiero presented information from Dr. Carrier regarding the cost to have the hole drilled under the driveway; it is cost-prohibitive.  She reviewed the history of the Heritage Path; it’s very important to Jackson; it honors the first one-hundred-twelve families who resided in Jackson when the bridge was built.  Like all gardening projects; this started as a great idea but somebody has to take care of it.  Most of the work done has been volunteer; Larry hired some men to do the heavy work and in 2006 the Path was voted a civic project for the Mountain Garden Club.  There was some slight funding but all the plantings and the watering was done through donation and volunteer work.   They would like to have a trench about a foot and a half wide cut to put the water and electrical conduit in across the driveway.  The total for the work is one-thousand-eighty dollars; the paving would be done at the same time as the work at the Old Library.  If they wait until next year, the cost will be higher.   Selectman Allen noted the town doesn’t have the money this year; Selectman Lockard agreed; there’s already a deficit.  Chairman Thompson thinks this is a worthwhile project that is not in the budget however as the Selectmen put together the budget, if they think it’s worthwhile, they’ll considering putting it in the budget.  So far all the work has been done by volunteers and at no cost to the residents of Jackson; he feels it would behoove the Selectmen to support it in any way they can.  The budgeting process will be started in December; the Board would like to gauge public input.  Office Administrator Atwell noted the amount is probably available in the Maintenance of Town Buildings line.  Suzanne pointed out this needs to be coordinated with the work being done at the Old Library or it would cost more; Dr. Carrier has spent a lot of time on this.  Selectman Allen is concerned with winter maintenance coming up there might be issues with the budget.  Office Administrator Atwell suggested a conditional approval.  Selectman Lockard would like to look at it; the paving isn’t going to happen in the next two weeks.    Larry noted the Conservation Commission is meeting on Monday; this is Parks and Recreation; they might have some money to put towards this.  Chairman Thompson noted if the Conservation Commission could come up with six hundred dollars, the town could probably find that as well for a split.  Penny asked what the electricity is for; there is electricity there already but it was not installed properly and needs to be fixed; this option provides a great opportunity to get this taken care of.  The electricity is not needed for the watering system.  Larry will keep the Board updated on the discussion.  
  • Selectmen’s Meeting dates  The Selectmen’s meetings are set for October 16, November 6, November 20, December 4 and December 18; all beginning at 4:30 p.m.
  • Dog Licensing  Selectman Lockard expressed his appreciation to Chief Karl Meyers, ACO Lauren Synott and Town Clerk Karen Burton who have worked diligently with the Office staff in getting dog licensing up-to-date.  To the town’s knowledge, licensing is complete.  
  • Public Comment  George Howard would like to report on the stripping of Carter Notch Road; the work is done for this year but he will be back next year.
  • Police Report  Officer Sean Cowland reviewed Department activities since the last meeting; some items discussed included two persons fingerprinted for employment; one wild animal complaint (regarding beavers); five informational reports (an informational report is when a person sees something that doesn’t appear right and gives the police an FYI call); three suspicious circumstance reports (a suspicious circumstance is a report from someone local who feels someone is where they shouldn’t be) and three motor vehicle accidents.  There was one untimely death; this was an older male; Corporal Jette did CPR and the individual was defibrillated but without success.  There was a report of a broken car window; three false burglar alarms; one arrest for operating after suspension; one report of a dog barking; one Project Good Morning check; one assist to the Ossipee Police with search warrants being carried out in Jackson and one report of campaign signs being taken.  Police found out who was taking them and put a stop to it.  
  • Jackson Ski Touring/Prospect Farm  Executive Director Breanne Torrey and Ken Kimball joined the Board; the Board has had a number of different discussions with the public and there have been a number of questions regarding Jackson Ski Touring (JXC) Foundation’s use of Prospect Farm.  Breanne and Ken plan to fill the Board in on what JXC’s plans are up there and to review anything else the Board should know as they transition in their new executive director.  A map of the trail system was provided as it may be referred to during this discussion.   Ken noted it is a good time to see what is working and what is not working; to reestablish the lines of communication and to reinforce how important these relationships are; skiing can’t happen unless JXC operates on other people’s land so they are reaching out to all the landowners at this time. Ken pointed out that JXC isn’t much different from Mount Washington Valley Ski Touring, these kinds of land agreements exist elsewhere in the Valley, not just in Jackson.  JXC also owns a lot of land; there are almost one hundred acres and those are all open to the public.  JXC is like any other non-profit; they have expenses to cover; they have to pay their staff a living wage; they use a lot of fuel therefore JXC has a fee system associated with those services.  They have to generate enough revenue to cover these costs.  Breanne reviewed all the interactions between the town and JXC; it’s more than just Prospect Farm.  JXC is a community-based non-profit foundation; they have a wonderful relationship with the town which is reciprocal.  JXC contributes to the Grammar School by allowing the School to use JXC’s facility; they donate staff for those functions when the school needs a hand.  JXC provides the only legal parking option for the Prospect Farm area and there are fourteen kilometers of dog-friendly trails on town land.  JXC provides free skiing for all Jackson youth from birth to the age of eighteen and they give a price break to all Jackson residents.  There are also the economic benefits it brings to the town; JXC does a lot for the Jackson community.  Breanne reviewed the icons and the trail system showing the dog-friendly areas.  Larry wondered how JXC grooms for trails that allow skiing, snowshoeing and dogs; JXC asks folks to stay out of the skate tracks but since folks don’t always pay attention they do have to constantly re-groom.   Dogs are prohibited from some trails due to safety concerns and a lot of JXC’s clients don’t want to see dogs on all the trails so JXC provides that option on town land but not on private land; some of the landowners might not want dogs on their property either.  Ken noted a majority of the Water Precinct’s watershed is owned by JXC and all of JXC’s land is open to residents without charge with the exception of during ski season.  JXC also put in the parking lots for Prospect Farm; the new parking lot was put in by JXC on private land and JXC pays to plow those out.  If JXC didn’t maintain those, folks would have to park in town and walk up.  He’d also like to point out that the new one the Forest Service put in isn’t accessible in the winter.  
Selectman Lockard appreciates the donation JXC makes to the town of Jackson; it is very significant.  Chairman Thompson noted, if not for JXC, his son wouldn’t be on Nordic Ski Team.

Penny noted she had encouraged Breanne to reach out to the homeowners and residents of Jackson and to make them actively aware of being able to ski for free.  The Minutes she looked at are wrong; they say that Thom Perkins had told her that townspeople can get a season pass for Prospect Farm.  She would like the e-news and other town publications let residents know that they can ski on Prospect Farm for no charge.  Breanne and JXC’s Board of Directors are not aware of any arrangement for Jackson residents to ski up there for free.  Bea noted the land was donated to the town by the Baker family; residents shouldn’t have to pay JXC to ski up there.  Breanne noted it costs JXC a tremendous amount of money to maintain the trails and keep the lots clear so folks can go up there and ski; no one would want to go up there without JXC maintaining the trails and grooming.  There are free skiing options all around Jackson and JXC has an agreement with the town of Jackson to use that property, those town lands.  Penny doesn’t agree that there is an agreement; she has asked for a copy of any written agreement.  In addition, she wonders if the Selectmen are authorizing JXC to charge Jackson residents to use that land.  Chairman Thompson noted the only document on file is from 2004; it is a brief letter put together by Dee McClave which states “As previously agreed, in exchange for use of the Prospect Farm area as well as other town properties, the Jackson Ski Touring Foundation will give a discount to Jackson residents on the early purchase of an annual membership.  Diane H. McClave, Chair Selectmen.”   A portion of the will of Edith Baker is in the Prospect Farm file; it gives said Camp Wildcat to the inhabitants of Jackson to be held for public use.  The town report from 1972 has recommendations about what can and cannot be done up there and a study done in 1986 by Margaret Garland states that by vote of town meeting camping and fires of any kind are not allowed nor are snowmobiles or other motorized vehicles allowed on the trail.  Minutes back to 1973 have been located; Bea suggested looking for the ’72 (and earlier) minutes in storage at the School.  Ken noted it is important to remember the only place to park and access Prospect Farm is private land under ownership of JXC; all the parking is provided by JXC.

George asked if the Board anticipates a new agreement with JXC; Chairman Thompson noted that is a conversation that has been started; the Board agrees there needs to be something more substantial than the 2004 letter.

Penny is very concerned about restricting dogs on Prospect Farm; she’s been going up there with her dogs for the last twenty years.  

Larry noted the Conservation Commission is looking to connect Quail, Orchard, Dana and Hall into a loop so folks can stay on Prospect Farm property all day long.  He noted very few of the trails were actually made by the town and the Conservation Commission hasn’t maintained them in the last twelve years; JXC does the maintenance; it’s possible now to drive a two-wheel vehicle all the way up there the road is in such good shape.    

Penny noted, in a previous discussion, a statement was made that JXC is going to be looking to build a shelter.  Breanne noted a generous donor would like to see a shelter on the trail system but according to Jackson’s zoning regulations it is not possible because of the way the Rural Residential zoning is written.  

Ken noted there is erosion on the Ellis caused by the riprap that was put in; Great Brook is coming in and it shoots right back as it hits the riprap.  There was also a lot of vegetation cut down on the side too.  This is on JXC’s radar as this will be very expensive for JXC to remedy.  

Since Ken and Breanne are saying there is no agreement to allow residents to ski for free on town property, Nancy Davis asked if JXC would consider allowing it.  She noted if she goes skiing she’s going to be bringing friends with her who would be purchasing tickets.  Ken believes JXC provides too many services to give passes away for free; if JXC pulled its grooming and parking then no one would be able to use Prospect Farm.  JXC is barely breaking even on this; they have to spend most of their funds before the season even starts.  Like the hospital and Mt. Washington Valley Ski Touring, JXC has to make it year-to-year; when there is no snow JXC hemorrhages money.  If they give it away for free, he’s not sure how they’d pay for fuel or provide staff with a living wage.  Folks look at JXC as a cash cow on Saturday when it’s busy but the new bridge was fourteen thousand dollars; if JXC does more for free then JXC will have to pull back on its other donations, like working with the School.  The town can decide what it wants to do but Ken wants to make it clear what JXC will have to do.  

  • Building Inspector  Chairman Thompson reviewed the Weekly Report and approved building permits.  The Wentworth fire investigation has been completed but no cause is identified in the Building Inspector’s report.
  • Weekly Report(s) Submitted by Robert Goudreau & Kevin Bennett
  • Building Permit 2014000049 Map V06 Lot 31 - (Owner – Clark – 72 Hiller Road) – Build New Wood Shed 10’x12’
  • Building Permit 2014000050 Map V10 Lot 129 - (Owner – Town of Jackson – 23 Black Mountain Road) – Add siding and trim to river side of Jackson Town Hall
  • Building Permit 2014000051 Map V02 Lot 39 - (Owner – Day-Lewis – Balsam Drive) – Build 28’x38’ new vacation home and 26’x26’ garage
  • Building Permit 2014000052 Map R12 Lot 03 - (Owner – Heartbreak Hotel – 15 Adams Road) – Enclose entry, add ½ bath in Laundry room, new kitchen, general cosmetic work inside and out
  • Building Permit 2014000053 Map R16 Lot 14 B - (Owner – Peterson – 19 Windy Hill Drive) – Pour 932 Sq. Ft. concrete pad for existing barn
  • Building Permit 2014000054 Map R16 Lot 12 - (Owner – Rollings – Black Mountain Road) – Build 24’x32’ single family home with 11’x10’ screened porch
  • Building Permit 2014000055 Map V10 Lot 16 - (Owner – Driscoll – 31 Alpine Drive) – Install 5.2 kw solar PV system panels to existing structure
  • Building Permit 2014000056 Map V07 Lot 61 - (Owner – Graham – 17 Tin Mine Road) – Existing 20’x24’ deck to become additional living room area
  • Building Permit 2014000057 Map R09 Lot 03 - (Owner – Miller – 12 Partridge Road) – Construct new 1 4 BR 4 1 bath home and partial remodel, foundation not to exceed 1600 sq. ft.
George would like to know if the Building Inspector has an office and if he works specific hours.  Inspector Bennett has an office over at the Fire Station and typically works Wednesdays and Thursdays from 8 – 4:30; he can be reached at 383-4090.  

Selectman Lockard noted the Board had talked about Inspector Bennett coming in for a review in October; the Board knew this was going to be an excess on the budget and now this has to be paid for.  Bea asked if he’s eligible for benefits; Inspector Bennett is hourly and not eligible for benefits.  Selectman Lockard noted the Board had the option of hiring the place from Vermont and Bea thought that would be crazy; Inspector Bennett put himself through training and Inspector Goudreau feels Inspector Bennett is doing well.  There’s no free lunch.  Bea isn’t looking for a free lunch but she’s wondering what it cost for the previous building inspector’s services.  Chairman Thompson noted the town took in six-thousand dollars for the Wentworth in 2013 but the bulk of the work was done in 2014.  Additionally, there are extra hours involved as Inspector Goudreau is currently working with Inspector Bennett as he transitions in; these would not be an expense next year; that is why it looks like the line is not running in the black yet.  

  • New Business
  • PTO Request – Signatures Required  Selectman Lockard, seconded by Selectman Allen, made a motion to approve PTO of November 3 – 21, 2014 for Ira Ela.  The motion passed unanimously.  
  • Christmas Can Cure – needs approval  Selectman Allen, seconded by Selectman Lockard, made a motion to issue a proclamation to make the 2014 Christmas Can Cure families honorary citizens of Jackson.  The motion passed unanimously.  These proclamations will be signed once the families are selected.  
  • Supplemental Statement of County Appropriations – FYI
  • Interest Abatement – Signatures Required
  • Old Business  There was none.
  • Public Comment  Bea would like the Board to know that the town pick-up only has one taillight.  
Larry asked how the Minutes are being handled today; Chairman Thompson noted the Recording Secretary is unable to attend tonight but will transcribe the Minutes from the video.  

Larry noted the Conservation Commission will be meeting on Monday to further discuss Prospect Farm; it’s possible they are going to propose an ordinance regarding its use.  The deed does leave the property to be used as a park.  He is leaving information about the deed as well as how Whitaker Woods operates for the Board to review; he will plan to discuss this at the next Board meeting.  Regarding work on the Falls, last year the Conservation Commission came forward with a plan and the Selectmen approved ten items.  Following a monitoring report, the Conservation Commission is coming forward with two items to address issues found.  One item was to address parking on Valley Cross Road and the other is to take care of the dam that failed due to high rain events.  All of the work Road Agent Henry did last year has succeeded; everyone has said what a nice job was done; in all the time he’s been working up there Larry’s heard nothing negative.  The plan is to put in three parking spaces on Upper Valley Cross Road and use boulders so people can’t go into the woods there anymore; this work will be coordinated with Road Agent Henry, no one on the Conservation Commission has the knowledge to make these changes.  The Conservation Commission needs the Board’s permission to move ahead on projects like this; they have the seed and the Board’s permission from last year to seed the area and they will try to reduce travel to one path using stone stairs.  Larry would like to get an okay to go ahead and do that next year.  Selectman Lockard is not uncomfortable saying yes to this; he’s just not sure what the Board is saying yes to; he wants to have something in writing for an action plan.  Larry noted he provided this information to the Board on July 1, 2014.  Selectman Lockard has great faith in Larry but what he’s presenting sounds like it is brand new.  Larry noted the “no parking” and the stairs are new.  If that’s the only addition then Selectman Lockard is okay with that.  Chairman Thompson would like this in writing; Larry reiterated the Board approved the work on May 29, 2013 and on July 1, 2014 he provided the document with the two additional items.  The Board saw that report as an FYI only; they didn’t take any action on it.  Larry reiterated he did bring this to the Selectmen in July; even though it was an FYI he had hoped the Selectmen would have considered it.  The Board wants to make sure everything is run by Road Agent Henry before work is done; the area planned for blocking off with boulders may be needed for snow removal/storage.  Larry noted this work won’t happen until next year and all work will be done with Road Agent Henry’s input.  Selectman Lockard, seconded by Selectman Allen, made a motion to approve the two additions to the Conservation Commissions project at the Falls on the condition it is approved by Road Agent Henry.  The motion passed unanimously.  Chairman Thompson would like copies of the document Larry provided as an FYI on July 1, 2014 distributed to the Board for their review.  

With regards to an ordinance about uses for Prospect Farm, the Conservation Commission is looking to be consistent with the restrictions that have already been recorded.  They want to look at what is best for the land.  If the Conservation Commission finds that one-hundred people want to hunt or snowmobile then maybe they’ll want to create trails.  Larry would also like the town to take down the sign that says residents can get a key if they want to drive up there, since motorized vehicles are not allowed.  

Selectman Allen, seconded by Selectman Lockard, made a motion to go into Non-Public Session in accordance with RSA 91-A3, II(c) at 6:06 p.m.  The motion passed unanimously.

  • Non-Public Session
  • 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.
  • 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