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Selectmen’s Board Meeting
October 8, 2015
Present: John Allen, Chairman; Bob Thompson and Bill Lockard, Selectmen
Visitors: Town Office Administrator Julie Atwell, Town Administrative Assistant Julie Hoyt, Police Chief Doug Jette, Fire Chief/Road Agent Jay Henry, Building Inspector Kevin Bennett, Treasurer Kathleen Dougherty, Videographer Hank Benesh, Bea Davis, Bob Davis, Stan Weiss, John Fichera, Tammy Letson, Gilbert Forest, Penny Miller
Chairman John Allen called the meeting to order at 4:30 p.m.
- Selectmen’s Meeting – September 24, 2015 The minutes were approved as written.
- Old Library Management & Old Library Trust Meeting – September 30, 2015 The minutes were approved as written.
- Update on September 24, 2015 Action Items
- Double Head Parking Area This is in a state of flux; Town Office Administrator Atwell will get ahold of Jim at the Forest Service. The proposed options and concerns have been forwarded to Town Counsel; a response is outstanding.
- Transfer Station Changes There was a joint Selectmen’s meeting held the other day.
- Upcoming Meeting Dates The next meeting will be October 22nd at 4:30. The November meetings are proposed for November 12th at 4 p.m. with the Highway & Fire Budget Work Session to follow at 5 and Monday the 23rd at 4:30 p.m. Other proposed dates are as follows: Thursday December 10th at 4:30 p.m. with Budget Hearing #1 to follow at 5:30. Monday December 21st at 4:30 p.m. with Budget Hearing #2 to follow at 5:30. Thursday January 14th and 28th at 4:30. The final Warrant Article Hearing will be held in February.
- Transfer Station Visits Selectman Thompson is scheduled to tour the Lancaster Transfer Station on October 15th at 9:30 a.m. This will be posted as a public meeting; the Bartlett Selectmen will be there as well.
- MS-535 – Tammy Letson – Crane & Bell There were a number of changes to the report this year so Tammy hand-delivered it. Tax deeded properties were added to the books for the first time and there were other itemizations for taxpayer reporting. The biggest change is the unassigned fund balance; that’s the amount that can be used for town meeting and to offset the tax rate. There was an overstatement in the fund balance that resulted in a one-hundred-one thousand dollars adjustment; it looks like there’s a loss but it is all part of the MS-5 from last year. The town ends up with seven-hundred-twenty-six thousand dollars in the fund balance to use now or move to future years. Tammy asked that the Board review and sign the document and give it to Town Office Administrator Atwell who will forward it to
Tammy. The Board can call her if they have questions. Jackson got a waiver from the state for the MS-60 and was close to the population amount so the full package had to be done this year. There were some minor changes but nothing upsetting. Selectman Thompson recapped the information which resulted in the unassigned fund balance of seven-hundred-twenty-six thousand dollars; in the past this figure has been referred to as a percentage. Tammy didn’t run it but the DRA will let Jackson know what it is when they set the tax rate however she can run it for the Board if they would like; they’d like to have this for the next meeting. Tammy will do this; she noted there are a wide variety of opinions but towns should not hold below a five percent retainage; Tammy likes to see between ten and twelve percent; if Jackson can be at that or higher that is awesome and will provide a cushion for an emergency. Tammy believes Jackson will be fine.
Tammy will have the precentage for the next meeting.
- Questions about Black Mountain Road Fire Chief/Road Agent Henry heard about the question listed under Public Comment on the agenda; since he needs to leave, the Board will take agenda item 5a now (now item 6a). Bob Davis wants to know how Black Mountain Road was accepted with the limited width it has; the Planning Board had it all designed to widen the road and the town passed right over it. The turnaround can’t handle more than a pickup. Fire Chief/Road Agent Henry agrees the turnaround is small but he has an email confirmation from John Fichera that when he’s doing work up there he will widen the turnaround. Fire Chief/Road Agent Henry also noted the turnaround is wider than what was approved in 1985. A year ago the Selectmen made some decisions about what needed to be done to sell
the lots and get building permits; John was told to create the turnaround as approved in 1985. It is small but it meets the Fire Department Apparatus requirements for a turnaround. Fire Chief/Road Agent Jay noted what Bob did with the Planning Board in 1985 is a Planning Board thing. What’s being done up there now is what has been discussed with the Selectmen; they are trying to meet what was set in 1985. That design shows a fifty foot by twenty-five foot L-shaped turnaround. What’s been built is actually bigger than what was approved by the Planning Board in 1985. Bob wants to know if that approval from 1985 carries on forever. Fire Chief/Road Agent Henry noted that’s a decision for the Selectmen to make; the turnaround meets state fire code specs; both he and Fire Inspector Goudreau looked at it. While John is planning on making it bigger; the Department can turn around its fire truck as it is now. When this discussion
started a year ago it was found there was a bond on this property; where did that bond go from 1985.
Bob noted this is a road on the side of a hill and he’s had the gravel tested to see if it meets specs. Fire Chief/Road Agent Henry reiterated it meets the specs from 1985; it’s up to the Selectmen as to whether they want it to be done to today’s specs or to meet what was approved in 1985. Chairman Allen noted the Board was trying to get the situation resolved. The turnaround is larger than approved in 1985 but less than what would be approved if it came to the town now. Bob believes the Board chose not to have it meet current specs. Chairman Allen noted with the grades up there he doesn’t know if it would meet current specs. There is an existing situation the Selectmen are trying to fix; Fire Chief/Road Agent Henry noted his guys went up with a fire truck, went in and turned
it around.
Bea noted that everyone is saying this was approved in 1985; she wants to know why, if the road specs have changed, the developer doesn’t have to change it? Chairman Allen noted this is a private development. Fire Chief/Road Agent Henry noted it is up to the Selectmen; they can allow this to be grandfathered and make it work or they can say bring it up to today’s specs. Selectman Thompson noted the Board has been dealing with this in an open and transparent manner since spring; the Board is dealing with this in open session. Everything that’s been asked for has been done; when the lots are graded there will be an increase to the hammerhead. A lot of roads are built to 1985 specs; when the specs change the town doesn’t go and make the developments bring their roads up. We ran
this by the town’s attorney as well.
Building Inspector Bennett noted that there was a major change in 1985; all the roads approved prior to that are on the old specs. Fire Chief/Road Agent Henry noted if John were made to bring the road up to today’s specs he would have five building lots he couldn’t make happen; they wouldn’t meet the grades. Bob noted that road should be wider; Fire Chief/Road Agent Henry wants to know whose property to take. Bob wants to know why this didn’t happen in 1985 when they built it; when he goes over it with his hay equipment it leaves six feet for the other guy and the snow takes most of the road in the winter. This project was bonded; where did the money go for that? Inspector Bennett noted this property went back and forth with different owners and all along a bond was required.
The last time it was sold the lawyer representing the owner noted it would be a hardship to come up with a bond and the Selectmen said that was ok.
- Police Report There has been heavy traffic and increased buses; the Department handles the traffic at the Bridge as best it can. Signage was suggested by Road Agent Henry but it’s not up to Chief Jette to put up signage; this is either state or private property. This is a short-term issue which will be resolved in a couple of weeks. Chairman Allen noted the parking spaces need to be relined. Chief Jette talked to the state; it’s a budgetary issue. There has also been a lot of talk around town which he’d like to quell; there was an incident on Thorn Hill that involved one of Jackson’s officers and a bear. The bear was with cubs and posed an immediate threat to observers; it was charging. Officer McDonald discharged a wildlife round and stayed to explain he didn’t kill the bear. Chief
Jette wants to make it clear that the Jackson Police Department is not in the habit of shooting bears; they utilize wildlife rounds and the situation warranted the shot. The Police try not to do that when there are onlookers but circumstances dictate what the officer is going to do. It is not in the Department’s procedural manual to shoot an animal unless it poses a deadly threat. This is the report on the incident as it happened. Selectman Thompson noted this was an incident created by people; they made it unsafe and the officer tried to fix it. Officers Orsini and McDonald made a presentation to Eagle mountain House regarding bear safety; the Police are very much aware of the issue but didn’t cause it in the first place. They did an excellent job and got good reviews; they are building community acceptance. Chief Jette was at the state training academy to teach firearms; it gave him the opportunity to look at Jackson’s new officer
who is well on his way to becoming an upstanding officer in this community.
As another matter of transparency a complaint came to Chief Jette indirectly but he wants to address it. He heard from another agency there was a complaint about an inordinate amount of noise at the Transfer Station area the Police Department uses for a shooting range. This range has been used for fifteen years and it’s been operated this way all year; Chief Jette was surprised to get the complaint. Given the manner of the complaint this may reach back five to six weeks. He noted Jackson’s is a relatively young Department; there are standards that have to be met. That takes practice and those officers needed that practice. There may have been unusually frequent noise from shooting; it was all because Chief Jette needed to get his officers up to speed. It’s the time of the
year to go for qualifications. Jackson also combined training with Bartlett so there were a lot of guns. It is an established range; there is noise associated with it; practice usually goes an hour, maybe two and they can’t shoot when the Transfer Station is open. He’s aware that it generates noise and his Department will be up there four to six times between now and December; his officers need to do some cold weather training. There are trainings that are required; his Department didn’t do anything differently that would have caused more complaints. Selectman Thompson noted the complaint mentioned this increased shooting was retaliatory in nature. Chief Jette strongly disagrees that it was retaliatory; he met with the abutter in January and discussed a previous agreement that was dissolved and entered into one the abutter agreed to. Chief Jette noted he has no feelings whatsoever regarding the abutter; he has to bring his officers up
to standards. The intensity of training is pushed by me; he wants his officers to be proficient on the weapon system. Chairman Allen asked if there are set days for shooting and Chief Jette noted Jackson’s is a small department; if he sets days of only Wednesday and Thursday or Tuesday and Wednesday that precludes he and anyone that is on duty; that leaves the guy who is off duty and there isn’t one. The only days these guys can shoot is their off days and that is Saturday and Sunday; that is their only time to shoot. Chief Jette looked into facilities and that gets into conflict of interest if he uses private property. One facility was offered and the other option would mean a substantial use of town resources to make it useable. Jackson has an established facility that has been used time and again and the Department wants to work with Jackson’s residents. Chief Jette was taken aback that this complaint went to another town since the
property is in Jackson. Chief Jette doesn’t feel he’s putting it out there that he is unapproachable; a disagreement doesn’t lead to this; he doesn’t harbor hard feelings; it’s never been a matter of “you be this way, then I am going to be worse”.
Selectman Thompson noted Mr. Forest is in attendance; he’d like to offer him the opportunity to speak at this time rather than waiting for agenda 8c. Gilbert Forest joined the Board and thanked them for hearing his concerns. He reviewed his written statement; he and his wife have been coming to Jackson for over a decade now and decided to buy a retirement home on Transfer Station Road. He invested a lot of time before purchasing this home; he visited the Transfer Station and met with Manager Jon Edgerly and asked him, “If I live here what am I not going to enjoy?” An ad hoc shooting range never came up; the Transfer Station is a good neighbor. Gil is turning fifty-five next year and is looking at retirement. The first two years they were not aware of shooting at all.
The first time it happened he called the Police as it was scary; shooting was usually held on Wednesdays and Thursdays. Chief Conifer has limited shooting to the first Wednesday of every month. Until this spring there was no issue; their visiting and shooting crossed over one time in two years. This is not a police issue at all; he respects the police; he has two family members involved in the police. Both of them have been here during exercises and were actually surprised by the set up. Gil would like to share with the Board a small audio segment that was recorded on his iPhone. This is Sunday September 27th which was a Sunday at 10:37 a.m. Gil did get a phone call to let his family know that it was going to start. He noted the recording is from the inside of his screened-in porch; without the trees those on the porch would be looking down the barrel of the guns. Chief Jette noted Gil’s home is eighty feet
higher than the range. Selectman Thompson wondered who Gil’s Real Estate representative was if he was completely unaware of shooting happening at the Transfer Station. Gil noted this shooting at that intensity went on for two hours; it ran until 12:05 and the Transfer Station gates were actually open when they were shooting. He presented a list of the dates he is aware of when shooting occurred; these include Mother’s Day; a national holiday weekend and Labor Day; it is stressful and dramatic. His wife now refuses to have guests; they’ve had guest leave; this is a beautiful home that was built with permits issued by the town of Jackson. They have been subjected to thousands of rounds of live ammunition; he has multiple examples. Gil’s wife called Officer Orsini to ask why the Police were shooting on weekends; she didn’t call back. Gil’s wife was at Brigham & Women’s Hospital when a doctor was shot. This is not an
appropriate use of the Transfer Station and shouldn’t be next to a residential home. What he wants to say; it’s clear that Chief Jette and the Bartlett police need to train as often as necessary and when they need to train. He and his family understand that; this town needs an appropriate training area in an appropriate place; it shouldn’t be next to a residence. Violence and the use of guns is not going to diminish; Jackson has the ability to allow its police to train the way they want; there has to be a solution. Gil wondered why the officers don’t go to the Carroll County Fish & Game shooting range. Chief Jette noted that range is in Madison. Gil noted he’s just giving this as an example; he’s trying to open a dialog between the police and himself to find a solution. Chairman Allen noted any outdoor facility is going to have an impact. Gil is under the impression that this is a big area with a lot of land; Jackson
needs to have a formal shooting range not an ad hoc use of the Transfer Station. His residence is in the line of sight of the range even if he’s above it. These half-baked measures may have been ok in 1985; but there has to be another solution. He is asking Jackson’s Police Department to please let his family enjoy the autumn weekends; the shooting has been almost eighty percent of weekends; there has to be a reasonable solution for a real problem. He thanked the Board and Chief Jette; he’s not sure what is the right forum to do this; he’ll leave the ball in the Board’s court. The Board will do some investigating.
Chief Jette would also like to address one point Gil brought up; this would go forward regardless of the topic. Gil noted Officer Orsini was called but didn’t call back. Chief Jette noted his officers won’t call back about a complaint; they are not authorized to speak on behalf of the Police Department. Selectman Lockard will talk with the Chief to hopefully find a solution.
- Public Comment There were no public comments.
- Bob Davis – Road and Building Inspector concerns This has already been discussed and there were no further comments regarding this topic.
- Building Inspector Inspector Bennett reviewed activities since the last meeting.
- Weekly Report – Kevin Bennett
- Building Permit 2015-48 Map R16 Lot 12 – (Owner – Rollings – 418 Black Mountain Road) – Extend Building Permit 2014-54
- Building Permit 2015-49 Map V10 Lot 129 – (Owner – Day-Lewis – Balsam Drive) – Extend Building Permit 2014-51
- Building Permit 2015-50 Map V10 Lot 33 – (Owner – Caldwell – 200 Tin Mine Road) – Install solar roof shingle
- Town of Jackson – Building Permit Application – Replace existing 125 amp feeder panel at rear of Jackson Park
- Handling Complaints Office Administrative Assistant Hoyt mailed out a complaint form today; no complaints have come in.
- Old Library Building (added) There was a discussion about the ramp out front of the Old Library building; it’s not up to code; they are going to rebuild it to spec. The deck doesn’t require a railing as it’s not over thirty inches; the building was never designed for handicapped access; the railing will be upgraded. It’s not currently a safety issue; it’s just low. The fire extinguisher needs to be replaced; there is also an old flintlock rifle that is worth a lot of money; he’s asked Chris at White Mountain Firearms to look at it. It needs to be insured properly. There is an alarm there. There is wiring on the outside of the building for cable and phone that will be put in the conduit. A plumber has been called to shut off the water in early November; then the line will be opened and drained
until spring time. Town Office Administrator Atwell is getting a quote for painting the outside of the building as well as making sure the water is off.
- Christmas Can Cure – Approval Requested The family hasn’t been chosen yet; the official document naming the family will be submitted in November for signatures. Selectman Lockard, seconded by Selectman Thompson, made a motion to make one family honorary citizens of Jackson for Christmas Can Cure with that presentation being made in a ceremony at the Town Offices on Friday December 18, 2015. The motion passed unanimously.
- Household Hazardous Waste Day – Appropriation Amount Requested Next year’s Household Hazardous Waste Day is September 17, 2016; it will be at the Town of Conway’s Transfer Station. The town usually appropriates a thousand dollars; this year the town spent eleven-hundred dollars. The suggestion is to commit to a larger amount. Selectman Thompson, seconded by Selectman Lockard, made a motion to appropriate the amount of twelve hundred dollars for the 2016 Household Hazardous Waste Day. The motion passed unanimously.
- Transfer Station – Noise Complaint The Transfer Station noise complaint has been heard already.
- Dundee Road Parking This was discussed under Action Items (agenda 2a).
- All Board Chair Meeting – Update Chairman Allen noted the meeting wasn’t as productive as he thought it should have been; there was a brief discussion about things in town. Those that were there were asked about budgetary needs and there was discussion regarding committee chairs coming to the Selectmen’s meeting quarterly to update the Board. Chairman Allen would like to do some follow-up with Selectman Thompson who worked on this previously.
- Public Comment Penny Miller is wondering about the Cop Synch program; this has been left in the hands of Kevin Richards and the SAU has to go through the approval process. Chief Jette noted Jackson did approve the funds towards it.
There being no further business, the meeting was adjourned at 5:49 p.m.
Respectfully submitted by:
Martha D. Tobin
Recording Secretary
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