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Selectmen’s Board Meeting
December 18, 2014
Present: Bob Thompson, Chairman; John Allen and Bill Lockard, Selectmen
Visitors: Town Office Administrator Julie Atwell, Videographer Hank Benesh, Police Chief-elect Doug Jette, Bea Davis, Jerry Dougherty, Ken Kimball, Charlie Kellogg, Ryan MacDonald, Nancy Davis
Chairman Bob Thompson called the meeting to order at 4:32 p.m.
- Selectmen’s Meeting – December 4, 2014 The minutes were approved as written.
- Non-Public – December 4, 2014 – sign minutes envelope RSA 91-A:3, II(a) The envelope was signed.
- Update on 12.4.14 Action Items
- Stop Work Order Selectman Lockard spoke with Inspector Bennett regarding this; the order was based on regulations and was appropriate.
- Auditor’s Report As noted at the last meeting; the report required some changes and responses by the Selectmen; the Board supports those changes and responses. Selectman Lockard, seconded by Selectman Allen, made a motion to approve the Auditor’s Report with the changes and responses. The motion passed unanimously.
- Parking lot at Doublehead There is nothing new on this.
- Key Policy for Prospect Farm The Board has gone through Town Meeting and Selectmen’s Meeting Minutes regarding conversations and motions made to restrict any type of use on Prospect Farm. The Policy has been developed based on what was found. Selectman Lockard, seconded by Selectman Allen, made a motion to move forward with the Key Policy for Prospect Farm. The motion passed unanimously.
- Snow Removal from Sidewalks The town subcontracts this work; Chairman Thompson wondered if the Board wanted to deepen the contract. Selectman Allen would like to see how the contract is written; the issue was brought up and the very next day the walkway was cleared. The state of sidewalks depends on how close to the road the property is and the sun’s angle. The Board will look at the contract at the next meeting. The Road Agent might have recommendations of what it would take to clear walkways more often or with different machinery. The town did look into buying machinery and it was not cost-effective. The Board will see how it feels about the contract for services; if the contract is not meeting the town’s needs then the Board can talk about it.
- Letter to Officer Cowland The letter of appreciation was sent to Sean (copy attached).
- Conservation Commission Budget Commission Chair Larry Seibert put together a budget; it will be available at the Town Office if anybody wants to see it.
- Appointment of Fire Warden The Board appointed Ken Crowther as Fire Warden at the last meeting. The Board signed the appointment document.
- Selectmen’s Meeting Dates The Selectmen’s Meeting dates will be January 8th and 22nd and February 5th and 19th beginning at 4:30. The first Budget Hearing will be January 22nd at 6 p.m. and the second Budget Hearing will be February 5th at 6 p.m.
- Public Comment An email was received from Penny Miller, who is unable to attend today’s meeting. It is as follows:
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From Penny Miller:
I am wondering if any progress has been made on formalizing a yearly agreement with the Jackson Ski Touring Foundation. This has been talked about for several months now and I am wondering if a date has been set by which you hope to have a written, and agreed upon, agreement?~
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With the last week’s distribution of the ski touring foundation’s capital improvement plan for the next several years, it seems imperative to discuss the relationship between the Town of Jackson and JSTF. JSTF is planning~significant changes, such as three, 20-car, parking lots, in~Jackson, that will impact residents, businesses and the town in many ways (both positive and negative). It is my hope that the selectmen become actively involved in future of Jackson in regards to these possibilities.
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Thank you,
Penny Miller
Chairman Thompson noted a draft copy of the land-use agreement (copy attached) with the Jackson Ski Touring Foundation (JXC) had been distributed and was to be covered under Old Business, agenda item 7a; he would like to discuss this now as it’s been brought up. JXC Directors Ken Kimball and Charlie Kellogg joined the Board; they were asked if there’s any hurry to approve the agreement; it would be helpful to get it approved tonight as JXC is going into its ski season. This document was also reviewed by the Forest Service as any resolution had to work for them, too. The agreement does have a proposal to provide free skiing and snowshoeing at Prospect Farm; residents have to have a special pass and they can’t go onto Forest Service property. Ken would prefer this be approved prior to the
Board’s next meeting as it’d be good to have it in place during Christmas vacation. The high points of the agreement were reviewed; there’s a fifteen percent discount on the annual pass for residents and the free pass for Prospect Farm. The pass will be color-coded and folks do have to come in to have their picture taken. The pass holder can cross-country ski and snowshoe both behind the Town Office building as well as at Prospect Farm. Residents that are eighteen or younger get to use the whole system. The Road Agent will help out in the parking area by using the front end loader to push back the banks up there; the town would contribute that to the Touring Foundation for the residents being able to use the trails and the parking lot. Ken noted the agreement with the landowner for use of the parking lot is only for cross-country skiing or snowshoeing; there are to be no trailers for snowmobiling or other activities.
Selectman Allen wondered why the agreement is for five years; he feels, with all the changes going on within JXC, revisiting the contract in three year would be better. Selectman Lockard will sign the contract for five years; he feels if something comes up the Board and JXC will get together to renegotiate. He’d like to let them get moving on their projects. Selectman Lockard, seconded by Selectman Allen, made a motion to approve the Land Use Agreement with the Jackson Ski Touring Foundation, as vetted by Town Counsel, which is before the Board tonight. The motion passed unanimously. Ken will bring the document to Brianne tonight; Office Administrator Atwell will scan a copy and send it out to Penny as she weighed in on this and wasn’t able to be here tonight.
- Police Report Chief-elect Doug Jette reviewed Department activities since the last meeting; it’s been very busy with personnel changes and policy reviews. The Department continues to offer fingerprinting for town residents at no charge to either the person or the School. Traffic is picking up; there’s more volume in town as well as on Route 16. Speed is becoming an issue and the Department is concentrating on that. The Department has received several memos regarding the prevalence of heroin here; it is being trafficked down the Route 16 Corridor from Berlin to Ossipee. There was an untimely death at Wildcat Tavern; this was a young lady, thirty, with no apparent reason or trauma; Chief-elect Jette is hearing that the ME is leaning towards a heroin overdose. He’d also like to put it out there that
the town did hire a new police officer; he introduced Ryan MacDonald. Ryan is an experienced, certified police officer; his base knowledge is substantial so the town is no longer looking at a training program. Learning the roads and people of Jackson will be the biggest issue for him. The Department is in the middle of the interviewing process for a third person; twelve individuals applied; all with no experience or certification. There were introductory discussions and those twelve were cut to the top four. These four will take the physical agility test; if they can’t pass then they will not be brought back. If they all pass then there will be a more formal interviewing process; if none pass, which is a remote possibility, then Chief-elect Jette will come back to the Board to have more conversation about whether the plan would be to go further down the list or start over again and what the legal ramifications of that are. Selectman
Lockard noted he and Chief-elect Jette have had discussions about the interview process; he’s been invited to sit in on these but the Board still has to approve the job offer so he declined in an effort to streamline the process. Chairman Thompson asked when the next session of the Police Academy started; it starts in January however Jackson can’t submit anyone for it; the paperwork submission needs to be ready by the end of March for the session that begins in May. The town doesn’t want to miss that deadline; this is a long enough process as it is; it can’t hire someone out of the Academy; the candidate has to be hired before going to the Academy. The plan is to choose the top candidate of the four and then that person comes to work for the town at any time but will have restrictions on what s/he can do. March thirty-first would be the latest start date. The new officer will be involved with in-service training, reading policy, ride-alongs and
getting acclimated. As long as the officer is not certified s/he will have limited duties; s/he will not be able to search, seize, arrest or carry firearms. The Academy will certify them with firearms. Bea Davis asked if the town will still have three full-time officers; this was affirmed. The need is there, the scheduling is there and having three full-time officers has served a benefit to the town. Chief-elect Jette is reassessing the part-time program; he’s gearing the Department to come into compliance more with Community Policing by increasing contact.
- Building Inspector
- Weekly Report(s) Submitted by Robert Goudreau & Kevin Bennett Chairman Thompson reviewed the reports; Inspector Bennett continues to grow into the job well. Chairman Thompson wondered about a timeline for Inspector Bennett; Selectman Lockard noted Inspector Bennett has had his initial evaluation and Inspector Goudreau has agreed to keep working with Inspector Bennett. Selectman Lockard noted Inspector Bennett isn’t ready to be on his own at this time; Selectman Lockard feels it would be six more months at the most and if Inspector Bennett is ready sooner then he can transition earlier.
- Building Permit 2014000068 R 08, Lot 35 – (Owner – McLaughlin – 801 Carter Notch Road) – Remove existing mudroom, add 16’ x 18’ single sotry addition with no plumbing, add deck to back of addition and existing living space
- Building Permit 2014000069 Map V10, Lot 137 – (Owner – Picardi – 61 Presidential Road) – Extend BP 2013000057
- Building Permit 2014000070 Map R09, Lot 25 – (Owner - Kantack – 585 Carter Notch Road) – Build 8’ x 22’ lean-to for storage/firewood with metal roof supported by wooden posts
- Building Permit 2014000071 Map R17, Lot 31B – (Owner – Fichera – Black Mountain Road) – Add 3 antennas to existing WCF; replace and extend power mount pole by 3’, add fiber line
- Building Permit 2014000072 Map R12, Lot 35 – (Owner – Weitzel – 114 Eagle Mountain Rod) – New kitchen, rebuild larger deck, new tile in 2 baths, new electrical
- FEMA Community Acknowledgment Form – Signature Required This is tabled for the January meeting; clarification is required.
- Board Chair Work Session Chairman Thompson noted the four Board Chairs (Selectmen, Zoning, Planning and Conservation Commission) had an informal meeting to talk about issues. They are looking to improve communication about ordinance concerns; while not too busy this year, the Boards do come across some ordinances that could be updated or worded more strongly. The end-result of the informal discussion was that a recommendation was made to have a Work Session at some point after Town Meeting when new ordinances may have been voted in and any changeover of Chairs. The plan would be to recap previous issues, then anything new and set a strategic plan with Action Steps for the following year. Having these Boards communicate regularly surfaced in the communication survey.
- Elected Auditor (added) Chairman Thompson noted that while going through the Auditor’s report it was brought to the Board’s attention that the town voted at Town Meeting in March, 2006 to not have the optional elected position of Auditor anymore. Jerry Dougherty reminded the Board that the town voted to dissolve the position but it has resurfaced somehow. It’s clear the voters had the authority to dissolve the position and there is no information that the Selectmen have the authority to reinstate this after the town dissolved it. There is a deadline of January 10th for the town to file with the state whether it will have an optional elected auditor or use an accounting firm to conduct next year’s audit. While the Board doesn’t have the authority to have an elected Auditor,
Bea noted the town has been voting on it every year anyway. Jerry noted the position shouldn’t have been on the ballot however, in a set of Selectmen’s Minutes from 2011 Selectmen Davis, Dougherty and Mason voted to have an elected auditor. That doesn’t make it legal since the Selectmen don’t have the authority to do that. If the Selectmen want to bring that position back it has to come before the voters in a warrant article in March. Selectman Allen has a concern that an elected Auditor may not be capable of doing the work. Selectman Lockard also feels it would be better to hire a competent person. Chairman Thompson wondered if the Board would be able, by January 10th, to take a position on how the Selectmen intend to move forward on this. If the Selectmen want to have an elected Auditor then they have to generate a warrant article which would put the position into effect for March 2016. Because it has
been on the town ballot with a one-year term, the Board needs to determine if it is going to continue to do this or honor what the town did in 2006. Nancy Davis asked if the breadth of the audit is defined somewhere; if it’s usually done by a CPA firm, who defines what a certified audit is and what it encompasses. Office Administrator Atwell noted there is an RSA that covers this. There is a copy of the audit that is a form; the Board will take a look at it. In February 2011 the Board felt a full audit on an annual basis is more than was needed for a town of this size however, the Board isn’t sure what is required. Jerry thinks the audit is of town procedures; it doesn’t audit money raised or spent; he thinks the right way to approach it is to have someone who is skilled and trained in the procedures. Selectman Lockard suggests the response to the state is that Jackson is going to hire an Auditor. If the town wants an elected Auditor
then the townsfolk can put it on the warrant. Until that happens, the town should continue with a hired Auditor so as to not violate what the town wanted to do. Chairman Thompson feels this needs to be put in the form of a motion but Selectman Lockard isn’t sure one is needed since there was a motion in 2006 that the town wouldn’t have an elected Auditor; there is no change to what the town voted. Chairman Thompson noted that while the motion in 2006 said there wouldn’t be an elected Auditor, the position has been on the ballot and that was different from the vote. He’d like a motion to notify the state that Jackson is not going to have the Auditor as an optional elected officer of the town. The Board doesn’t have the form so will make the motion at its January 8th meeting.
- Jackson Ski Touring This has already been discussed.
- Public Comment Bea would like see the town employees’ salaries in the Town Report; the School puts theirs in; most towns include this in their Town Reports; the taxpayers are paying these employees’ salaries. Bea noted she’ll go through old Town Reports; it seems like this information was included not that long ago however time goes fast. Selectman Lockard thanked Bea but noted it’s not necessary for her to do all that background work; he thinks salaries are part of the expenses of the town and should be included; Selectman Allen agreed, noting that information is public domain. The Board did have this discussion last year but no decision was finalized in time for the information to go in the Town Report. This is a non-event, salaries are public information; the town will move forward and plan to include
these in the Town Report.
Nancy noted the Bartlett Town Report lists expenses by vendor; she wondered if the Board had given any thought or had discussion about doing that. Bea will check it out; Selectman Lockard feels the only thing adding expense by vendor will do is fill up the report.
Selectman Lockard, seconded by Selectman Allen, made a motion to go into Non-Public Session in accordance with RSA 91-A:3, II(a) at 5:37 p.m. The motion passed unanimously.
- 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.
The Board returned to Public Session at ***
[any public business following nonpublic goes here]
There being no further business, the meeting was adjourned at ****
Respectfully submitted by:
Martha D. Tobin
Recording Secretary
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