Selectmen’s Board Meeting
May 28, 2015
Present: John Allen, Chairman; Bob Thompson and Bill Lockard, Selectmen
Visitors: Town Office Administrator Julie Atwell, Police Chief Doug Jette, Building Inspector Kevin Bennett, Bea Davis, Stan Weiss, Steve Weeder
Chairman John Allen called the meeting to order at 4:32 p.m.
Amend & approve minutes
Selectmen’s Meeting – May 14, 2015 The minutes were approved as written.
Non-Public – May 14, 2015 – sign minutes envelope RSA 91-A:3, II(c) The envelope was signed.
Update on May 14, 2015 Action Items
Parking in town Selectman Lockard talked with Chief Jette regarding event parking. If parking attendants are used, they have to be trained; rather than risking the accompanying issues that would involve it is recommended the Jackson Police provide that function. The cost would be around one hundred dollars and Chief Jette’s recommendation is not to charge that to the event but to absorb it. This town promotes an event and invites folks to come in so it seems inappropriate to charge them for parking services. Chief Jette noted issues that came up during the Duck Race were few and quickly resolved. The cones made it very clear where parking was not allowed. Selectman Lockard would like to utilize the Jackson Police to provide parking assistance until the town finds the need to make a change and to not charge for that
service. The Selectmen agreed that this is the plan of action as discussed; there’s been no change to the plan so no motion is needed.
Horse Manure at Black Mountain Chairman Allen talked to John Fichera about the pile; it is moved periodically. Office Administrator Atwell provided a packet about best practices for wetlands; he’ll review this and see if there’s more to be done. At this time John states that he’s moving the pile so it doesn’t just sit there.
Old Library Project Selectman Thompson talked to Mike Weeder regarding the cost to pave the parking lot; he’ll follow up. This project is not stalled; it’s in the works.
Valley Cross Road Bridge Some work was done on the bridge since the last meeting and Engineer Phillips and Road Agent Henry will be meeting in the not too distant future for further discussion and review. The bridge is sound but it was built in 1900 and at some point it was moved from by the town hall to where it is now. The issues are esthetic but this bridge is one hundred fifteen years old and it’s not going to last forever. It was eight hundred dollars for the welding done already with another two thousand dollars to be expended to complete that work. The pedestrian sidewalk is a concern. Road Agent Henry noted the town could get state money for this bridge but it takes nine years to get to the top of the list; it’s believed the town was put on the list a few years ago; Office Administrator Atwell is in touch with
the state regarding this.
Selectmen’s Meeting Dates Upcoming meeting dates are June 11th and 25th; July 9th and 23rd.
Public Comment There were no comments at this time.
Police Report Chief Jette noted the Duck Race was a big event and the Department put out hammered No Parking signs and cones. There were fewer than ten parking tickets written. There was one issue where a driver moved cones and parked by the fire hydrant. The request to find the driver was issued over the PA system so it was very public. The driver was issued a citation for it. He was pretty upset with both the issuing Officer and with Chief Jette afterwards. The gentleman was focused on the fact that he didn’t move the cones; Chief Jette noted the cones may or may not have been moved by the driver but at no time, ever, has it been legal to park by a fire hydrant. The Department was well represented with Officers walking in town and the full Department on for Memorial Day. Bartlett’s chief called; she had
expected to have to come over to assist as has been done in the past. Chief Jette went over to Bartlett to provide a presence there for their Memorial Day services. Chief Jette wants to make it clear that the Police will make exceptions regarding parking, say if someone has to leave their car in a No Parking area to help their handicapped mother who can’t climb up the hill. That is being humane.
Chief Jette noted he spoke at the last meeting about his desire to establish a Drug Free School Zone (DFSZ); he left that meeting confused and angry. He has a definite line regarding drug use; he doesn’t believe in drug use and if it were up to him the whole town would be a drug free zone. Chief Jette went to the law and the state DFSZ calls for a one thousand foot radius; no exclusions or exceptions. As emphatic as he is about enforcing the DFSZ, he is just as emphatic about not violating the laws that pertain to the fourth amendment which prevents illegal search and seizure. This is not giving the police more rights to invade private property. He is not asking to do more than what the Constitution allows. The police will still only act on reasonable cause. The DFSZ allows for additional penalties for infractions that are
already illegal. Chief Jette would like to purchase four or possibly five DFSZ signs as presented; currently there is one at the bottom of Switchback. The cost will be twenty nine-oh-nine per sign. The Selectmen are concerned with the addition of use of alcohol being added to the sign. Stan noted that means the Wentworth can’t serve. Selectman Lockard noted this is why he wanted to put this discussion on hold; the addition of alcohol is an issue. Chief Jette noted very few laws are written in absolutes; they give the Police leeway; the sole application of the DFSZ is how it affects children in that Zone. If someone is under twenty one and is drinking, they are illegal already; the signage allows for additional penalties. Stan feels this is selective enforcement; he’d like to be the lawyer for the person taken in for alcohol; alcohol is not a controlled drug. Chief Jette asked how it is that alcohol isn’t a controlled drug; he has the discretion to put this
on the sign. This is not the same as an Open Container law. Selectman Thompson doesn’t see how fines could be doubled for alcohol when alcohol is not a controlled drug. If the sign says alcohol is not allowed then the town will have issues with the hotels, inns and restaurants within that radius. Chief Jette reiterated the sign puts people on warning that “if you do ‘this’ and it’s detrimental to children then you open yourself up to enhanced penalties.” If an under-aged person is using tobacco the fine is one hundred dollars; if there is a posted DFSZ the fine is two hundred fifty dollars and the rule allows for reeducation of the perpetrator. The sign is informational no prohibitive. Stan asked if the Wentworth would be exempt; they would not be. Chief Jette noted he could have enforced this without ever bringing this to the Board; the signs let folks know they’re in a school zone and they need to behave themselves. Until the town puts an open
container law into effect alcohol is allowed; you can crack a beer and walk around town. The Selectmen support the signage without the addition of alcohol; Selectman Lockard doesn’t see how he can explain the addition of alcohol to the sign when it isn’t a controlled drug. The Wentworth is going to feel vulnerable. Chief Jette doesn’t want to browbeat anyone but folks need to be aware; the status quo has been arresting people who don’t know they’re doing anything wrong. He is recommending the signs as presented. Chairman Allen asked about the costs, twelve to fifteen thousand dollars…Chief Jette noted the signs are twenty-nine dollars and nine cents not twenty nine hundred nine dollars.
Selectman Thompson feels it is time for a conversation regarding an Ordinance but that’s not for a Selectmen’s meeting; it should be submitted as a warrant article. Chief Jette noted three years ago he wrote up three options for just such an article; the Town Office Administrator recommended it not be approved as it was unenforceable. This has been rewritten and is enforced every day in Laconia. He’d like to get the help of the LGC; all he’s ever asked for is to add this tool to the Police Department’s toolbox. Selectman Thompson thinks an alcohol ordinance is worth pursuing; he’s willing to have that conversation. Now’s the time to put something together for Town Meeting; he’d like to see ordinances that have passed muster. While Chief Jette thinks alcohol belongs on the DFSZ signs, Selectman Thompson noted
alcohol doesn’t fall under DFSZ. He would like to move forward with the signs as presented without alcohol and then to work on an ordinance. Steve Weeder asked when the Police are finding the most issues with open containers and Chief Jette noted it’s usually late fall/early winter when the ski clubs have their events. The propensity to get out of hand is there. Last year at the Wentworth, thirteen underage students were removed from their prom for drinking.
Chief Jette noted he’d been asked for an MOU between the Police Department and the School; this is not in yet but will be forwarded when received.
Highway Report Road Agent Henry noted there’s an resident on Whitneys’ Hill that is complaining that the paving the town did created run off; he went up there after a torrential rain last week and took pictures; he saw no issues; Engineer Phillips also looked at it; this is considered closed at this time as neither knows how to satisfy this resident. There are several roads that the Department is prepping for paving. The rate from Carroll was lower than Pike’s and Carroll has done better work. Road Agent Henry is given permission to have Carroll do the paving. This year’s paving will go for one hundred eighty to one hundred ninety thousand dollars leaving ten thousand for other work on the roads. The plan is to start paving on July 1st; they’ll start earlier if they can. Steve asked where the parking lot at Double
Head stands; this is in the Beals’ court.
Building Inspector Building Inspector Bennett reviewed his report.
New Business
Tax Collector Annual Search Contract Selectman Thompson, seconded by Selectman Lockard, made a motion to approve the annual Search Contract. The motion passed unanimously.
Intent to Cut Map 000R12, Lot 154 Selectman Thompson, seconded by Selectman Lockard, made a motion to sign the Intent to Cut. The motion passed unanimously.
MOU with Town of Conway for PEG Channel 3 Selectman Thompson, seconded by Selectman Lockard, made a motion to approve the MOU with the Town of Conway for PEG Channel 3. The motion passed unanimously.
Old Business
Double Head Parking Lot This was discussed previously.
Public Comment Bea noted a celebration of Muzzy Muzerall’s life will be held on June 21st at the Shannon Door. She noted it was nice to see the Selectmen at the Memorial Day services; it would be nice if the Selectmen could also attend funerals as representatives of the town. They will do a better job at that. Chairman Allen would like to thank Bob Gehrhardt and Evie Butler for helping him out with moving the speaker system for the Memorial Day events.
Steve asked about the alternative to the Double Head Parking lot on Beals’ property; the Forest Service is reluctant to build a new lot. Steve wants to make sure everyone knows he’s willing to assist this process in any way he can.
There being no further business, the meeting was adjourned at 5:37 p.m.
Respectfully submitted by:
Martha D. Tobin
Recording secretary
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