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Board of Selectmen Minutes -- 10/16/2014
Jackson Selectmen’s Meeting
October 16, 2014

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

Visitors:       Town Office Administrator Julie Atwell, Police Officer Sean Cowland, Videographer Hank Benesh, Bea Davis, Bob Davis, Brooky Dodge, Patricia Schoonman, Randy Davis, Dean Davis, Nancy Davis, Penny Miller, Dick Bennett, Suzanne Scolamiero, Henry Mock, Gary Plourde, Larry Seibert

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

  • Amend and approve minutes
  • Selectmen’s Meeting – October 2, 2014  Chairman Thompson noted Penny’s last name is Miller, not Mille.  There were no further corrections or amendments.  The minutes were approved as amended.  
  • Non-Public – October 2, 2014 – sign minutes envelope RSA 91-A:2, II(c) & (a)  The minutes envelopes were signed.
  • Update on 10.2.14 Action Items
  • Building Inspector  Selectman Lockard met with Inspector Bennett for his three month review this morning; he’s been very busy with eight current permits and thirty-five outstanding.  He’s finished his residential certification and is working on his commercial certification.  Inspector Goudreau is very impressed with Inspector Bennett’s desire to get his work done properly.
  • Parking lot at Doublehead  There’s no update on this item.
  • Conduit for Water/electricity at Offices  Office Administrator Atwell was going to look at the budget to see if there were funds to contribute towards this project.  The Conservation Commission found half of the amount in their budget.  This will be discussed under Old Business.
  • Locate past meeting Minutes regarding Prospect Farm  Town Office Administrator Atwell has a meeting scheduled with Alice Pepper on Monday to get introduced to the vault.
  • Selectmen’s meeting dates  The Selectmen’s meetings are set for November 6, November 20, December 4 and December 18; all beginning at 4:30 p.m.
  • Public Comment  Dick Bennett noted Prospect Farm is on the agenda under Old Business but the Conservation Commission Chair has drafted an ordinance and there are a number of folks here with the same concerns.  Chairman Thompson noted the Board had no intention of discussing an ordinance until one was brought to the Board.  Dick asked if the Board has seen the proposed warrant article; Chairman Thompson noted the Board is expecting it to come to it for review.  Dick noted the Board is out of the loop when so many residents are concerned about this.  He’d like to know if the Conservation Commission brings this to the Board will the Selectmen put it on the warrant or would signatures still need to be collected.  The Selectmen can put it on the warrant but any resident can put on any article if they collect the requisite number of signatures.  Dick noted the proposed ordinance restricts the use of Prospect Farm by the residents of Jackson; hunting, campfires and camping would be cut out.  Dick finds that hard to take.  This isn’t a problem now; the area isn’t torn up by motorcycles or ATVs and it is only open to residents.  What are we trying to fix if it’s not a problem.  There may be folks that don’t agree with hunting and if that’s the case then don’t hunt.  Dick provided the Board with a copy of the proposed ordinance; he read it into the record.
Henry Mock noted the town shouldn’t restrict what type of recreation happens on that land.    Henry objects to any effort trying to stop hunting on five-hundred acres of wild land.  It would have to be posted every one hundred yards; who is going to do that; who is going to pay for that.  There’s a cost to the taxpayer just in posting; who is going to police it; he wondered if Jackson’s Police are going to be asked to enforce this ordinance.  He says, “Leave it alone”; it has worked fine; the town has got money for lumber; he’s opposed to this ordinance and will work against it.   

Penny Miller pointed out posting the property would give folks a false impression that they can relax and not wear hunter orange on a posted property surrounded by other acres where hunting would be allowed.  

A member of the public noted that using the property for hunting is a tradition; it’s keeping the feel of the town; maintaining what the town of Jackson was and the proposed ordinance is exclusionary to a certain group in the town.  The town had this discussion when Peter Kelly was a selectman; the plan was to use that property, in perpetuity.    He is sure someone kept Minutes; the proposed ordinance goes against the grain; there are a lot of people here who agree.  He can count on one hand the times someone has asked for the key.  It’s clear that hunting conflicts with ski touring (JXC) but most hunting would be done by the time folks are up there skiing.  This ordinance will make people unhappy with skiers; it will create and “us and them” atmosphere.  

Dean Davis pointed out if motorized vehicles are prohibited JXC will have to groom with snowshoes; they won’t be able to go up there with their tracker.

Penny noted, in this day and age of sedentary lifestyles, it’s more important than ever to get everyone outdoors.  It’s important to make the use of that land less restrictive; maybe do a hardened campsite.  It’s super easy to get up to and it’s a big adventure for kids to go out and go camping.  This would be for residents only.  

Nancy Davis is super concerned; she doesn’t see any reason that the town needs to tell its residents how to recreate.  This whole issue is a shame; Fish & Game is promoting getting everybody out doors.  She hasn’t heard any reason that warrants this proposed ordinance; there have been no fatalities.  Nancy wondered what prompted this; it’s a drastic measure.    All these folks are here because they are concerned; this ordinance is exclusionary.  

Chairman Thompson noted the Board tries to stay away from big items during Public Comment but the whole Prospect Farm issue came about a couple months ago; a resident came to the Office to get the key and the Board found out there was no policy regarding the key, how to sign up, who has the key and where it is; there was no protocol.  Bea had told the Board the 1972 Town Report had recommendations that were made to the voters; the Board can’t verify if those recommendations were voted on.  Those Minutes need to be found, Office Administrator Atwell has an appointment set for Monday to look for those.  The Board is not looking to make any changes to what is up there; but it’s a fair question.  The property was left to Jackson residents for recreational use; the Board is just trying to get to the bottom of what the will of the voters was at that time.  The Selectmen have had no discussion about this ordinance; the Board didn’t know about it.  The Board would have a public forum on it but nobody on the Board is trying to limit that property’s use.  The Board also needs to determine what action was taken in 1972.  Even if there was a vote in 1972, that vote didn’t translate into action.  The Selectmen don’t intend to put together an ordinance.  If this comes to the Board, they would vote to recommend or to not recommend it.  Chairman Thompson doesn’t want to see any particular users excluded; the Board is still fact-finding; this was thrown in the Board’s lap and they are doing their due diligence.    

Bea Davis pointed out Prospect Farm isn’t conservation land, it was deeded to the town.  

Randy Davis asked what JXC pays to use the property.  When informed that JXC doesn’t pay the town anything, Randy noted JXC is making a buck on that property so residents should be able to go up there and ski for free.  Chairman Thompson noted the 2004 letter of agreement with JXC states that residents can get a discounted pass.  Some of this stuff needs to be formalized; the Selectmen are working on that; it may be all the Board does is adopt a Key Use policy.  He noted the public’s input is valuable; there is no timeline to deal with this.  To him, this topic would qualify for its own public forum night if it ever got to that point.    

Larry Seibert noted he is speaking personally, not as the Chair of the Conservation Commission.  JXC is not a taxpayer; the town is granting them something up there.  They’ll have parking costs and grooming costs whether they charge residents or not.  They are asking to charge the taxpayer on land that is taxpayer land.  The Commission members talked about having further discussion on the proposed ordinance; they were hoping the Selectmen would push it forward, as much as public opinion tonight says otherwise.  If the Board chooses not to support the proposed ordinance, the Commission will get twenty-five signatures and move it forward themselves.  People are concerned about not being able to camp, have fires or hunt but those activities can be done a hundred yards on any side of Prospect Farm.  The Conservation Commission feels there need to be rules and regulations for that property.  He’s not sure the town should have children and hunters on the same property.  

Nancy sees this as a Ready, Fire, Aim situation; it’s an extreme response.  She wondered if there have been issues; are the Police having calls.  She wondered why the Commission would want to stifle families going camping.  Nancy also feels public comment  should have been requested before an ordinance was written.

Larry noted camping is an issue due to sanitation; you need to have facilities on a piece of land like that; to have folks using the five-hundred acres for camping is not sanitary.  The Police Department has been asked about that; there’s a concern about knowing where people are.  He feels there needs to be public discourse about this; there can’t be a free for all on five-hundred acres.  The last time this conversation was had was in 1980; if the Commission found that fifty or sixty people want to snowmobile or one-hundred people wanted to camp then the Commission would be looking at the need for facilities;.  Someone had to propose something to get this conversation going.  

Gary Plourde feels this is an interesting discussion but if there haven’t been any issues then to make rules for the purpose of making rules is silly.  This is a unique asset for Jackson; we want to encourage its use; there is low usage now.  Jackson has just formed its own Boy Scout group.  They had a camping trip to the Boy Scout camp in Manchester; the Scouts need to take the kids up to Prospect Farm to do real stuff not made up stuff; it would be nice to go camping up there and it would be “take in/take out”.  

Dean noted the use of Prospect Farm for snowmobiling was voted in in 1991; there was a town vote.  Larry was not aware of that.   

Penny did bring a letter from her son; the kids are the future of Jackson; four of these kids are working on their hunter licenses.  Yes they can do that on National Forest land as well but this is town land; the orchards are being maintained.  Penny’s son got a dirt bike; he’s been up there dirt-biking; there are a few kids in town that do go up there and dirt bike.

Larry noted the proposed ordinance did allow for educational groups.  Gary thanked Larry for getting the public dialog going; he’s glad the Selectmen have the proposal in front of them to consider.  This will become an issue for the town.

Nancy asked what the timeframe is on this for this to come to the Board for a decision; she wondered how the public will be involved.  Chairman Thompson reiterated this is the first time the Selectmen have seen the ordinance.  Larry has already stated the Conservation Commission plans to put out an article; the Selectmen will have an opportunity to weigh-in as to supporting it or not.  Selectman Lockard noted if the Commissioner does put out an article; he will go with whatever the town decides.  Chairman Thompson let folks know this will be on the agenda for the Board’s next meeting.    

  • Police Report  Police Officer Sean Cowland reviewed Department activities since the last meeting; some items discussed included one pistol permit; two motor vehicle complaints; one theft at a local establishment; three motor vehicle accidents and a report of a missing tabby with white paws.  There was a report of a tree down and one missing dog.  There was a domestic disturbance at a local establishment and three false burglar alarms.  
  • Building Inspector  Chairman Thompson read the weekly report and reviewed the building permits.  
  • Weekly Report(s) Submitted by Robert Goudreau & Kevin Bennett
  • Building Permit 20140000058 Map V10, Lot 16 – (Owner – Driscoll – 31 Alpine Drive) – Electrical updates, outlet installations
  • Building Permit 20140000059 Map V09, Lot 18 – (Owner – Benoit – 17 Thorn Hill Road) – Build 10’ x 20’ three-season porch
  • Driveway Permit – Map V07, Lot 129 – (Owner – Seybold)
  • ***added permit not on agenda**
  • Bellen – Oil Spill  There is a report from the Fire Inspector regarding a spill of #2 fuel oil; it was read into the record.  
  • New Business
  • DOT – Biennial Inspection of Bridges (one repair needed)  This report arrived on October 8th; there was one issue with the Dundee Road bridge.  A sign was twisted and Road Agent Henry has been notified; the Board will follow up to make sure this is done since it’s not known if the state will make the repair or if Jackson will be expected to do it.    
  • Warrant for General Election – Signatures required  Selectman Allen, seconded by Selectman Lockard, made a motion to sign the warrant for the election scheduled for November 4, 2014.  The motion passed unanimously.  
  • Letter – Anne Peterson  A letter from Anne Peterson was received on October 8th; it was read into the record.  Larry will address her concerns; it will no longer be an issue.  
  • Intent to Cut  Selectman Lockard, seconded by Selectman Allen, made a motion to approve the Intent to Cut.  The motion passed unanimously.  
  • Hazardous Waste Day, September 12, 2015  Selectman Lockard, seconded by Selectman Allen, made a motion to contribute the same amount as last year.  The motion passed unanimously.  
  • MS-1  The revaluation data has been entered; this form will go to the DRA who will set the tax rate.  The Board has also been discussing the unreserved balance.  Once the preliminary rate comes in the Board can decide what amount of the unreserved balance they want to apply toward taxes then the DRA will set the tax rate.  The recommended amount to hold is between ten to twelve percent; by setting it at eleven percent the tax rate will be seven cents lower than last year.  Selectmen Allen and Lockard would like to keep the tax rate as level as possible.  The Board can do this via e-mail as long as the chain is public.  Selectman Allen, seconded by Selectman Lockard, made a motion to sign the MS-1.  The motion passed unanimously.  
Chairman Thompson feels there were a lot of one time warrant articles last year.  He would like to come into these articles this with maybe some sort of hard and fast commitment that it might behoove the town to have a cap amount of all warrant articles the Board is looking at.  The Board won’t be able to take money out of the unreserved fund like this.  Selectman Lockard wondered how the Board controls that; if there is a warrant article put on with citizen signatures the Selectmen vote to support or not and the town could vote it in anyway.  Regarding the Selectmen’s warrant articles; it makes sense to identify a prudent amount and budget for it.  Selectman Lockard wondered why all the social service requests have to go to town meeting; it was explained that anything with a dollar amount goes to town meeting.  Selectman Lockard wants to make sure folks understand the Board is trying to keep taxes down but if folks approve spending sixty-thousand dollars on the Old Library that means taxes are going to go up.  Somebody has to say that.     

  • Conduit under Driveway  The Conservation Commission has agreed to donate five-hundred forty dollars if the town can’t find the total.  If the town pays the entire invoice that is one-thousand-eighty dollars less to spend on sand and salt.  Suzanne reminded the Board the work is on sale now; if the watering doesn’t get done the garden doesn’t look good; it is a difficulty to keep it going.  The other thing is that the electrical conduit is not safe; this project would take care of something that doesn’t have anything to do with the path.  This would do a lot for a rather limited amount of money because Dr. Carrier has worked very hard to manipulate this to be coordinated with the Old Library paving project.  The Heritage Path is important; doing this now is like getting the paving for free.  Selectman Lockard won’t support this; he won’t spend that kind of money to do this.  There is money in the Maintenance of Town Property line.  Selectman Allen, seconded by Chairman Thompson, made a motion to join in with the Conservation Commission to come up with the one-thousand-eighty dollars needed for the project.  The motion passed 2-1-0 (Lockard in the negative).
  • Old Business
  • Prospect Farm – Larry Siebert  This was discussed earlier and there were no further comments.
  • Public Comment  Larry wanted to make sure the Board knew it could reply to Anne Peterson’s letter regarding the white van parked in the town parking lot.  Larry will make sure it is no longer an issue.  
There being no further business, the meeting adjourned at 5:52 p.m.

                                                Respectfully submitted by:

                                                Martha D. Tobin

                                                Recording Secretary