9 14 2026

Speakers are labeled SPEAKER_N. This transcript is machine-generated.

Recording

There it is.
>> There it is. All right. Excellent. First
order of business. We're going to
approve the minutes
from our last public and non-public
meeting. Both were held on August 25th.
And just as a uh housekeeping order,
Frank will not be here today. He was not
able to make the meeting. So Barb, it's
you and me. Um, have you had a chance to
look over the meetings, uh, the
unofficial until approved meetings from
our August 25th meeting?
>> I did, and I have no comments or
changes.
>> No suggested edits? I have none either.
So, I'll entertain a motion to approve
the minutes as written.
>> I will make that motion.
>> I'll second it. All those in favor?
>> I
>> I
>> Thank you.
And we were also in non-public session
that day and we uh voted to keep these
minutes sealed. So I'll have you initial
that envelope.
>> I'll do the same.
>> Thank you.
Okay. On for items on the agenda for
discussion or motions.
Um Kevin, you're uh here I think
specifically hopefully uh prepared to
kind of address our first item which is
the Jackson Historical Society opening.
And I know I think I saw Lesie come in.
>> Oh, there you are. Look at that line of
sight. Okay. Okay. Um, and this is about
um the the uh building, and I'll seek
your explanation on this as well,
Stephen, at some point. The building
being like ready to operate except for
one thing, a pesky little elevator. Um,
that is a little bit behind schedule.
So, uh, do you want to, um, kind of lay
this out for us? Um, Steve, I'll start
with you and then I'll switch over to
Kevin to comment on the town's role.
>> Yeah. So, uh, one of the items that
dragged on for a long time was the
sprinkler system, and we finally
got through that with an inspection with
Kevin and Jay,
and um, that is behind us. And that was
keeping us from
even getting an inspection on the
elevator. So once we got through with
the sprinkler
called to schedule the elevator and the
foreman that worked with us throughout
construction, left the company and
thereby left the company without a
capable person to finish the job.
And so they have since hired another
contractor and they're now coming on
Thursday.
>> Awesome. they should be able to finish
up on Thursday and then it takes about
two weeks to get the state inspection.
So, it was
just hopeful that we could have a a soft
opening prior to that state inspection,
simply putting the flag out so that
people could come in. Um
can the the rest of the building is
ready for certificate of occupancy. Is
that correct?
>> That's correct.
>> So uh everything else has been
um sat satisfied by Kevin.
>> Excellent. And um
so Kevin all the uh safety systems are
are inspected and good to go.
>> Yep. alarm systems up and running.
Sprinkler system ready to go.
>> It's basically the only thing is the
elevator can't go from the first floor
or second floor with any people.
>> It's basically it.
>> And we don't need the elevator to get
people into the building because it's
handicap accessible.
>> Yep. And so the only constraint for
assuming things go well Thursday and it
takes two weeks to get the certificate
would be any handicapped visitors would
would not be be having access to the
second floor
>> but they would have access to the rest
of it. Did your hand go up? Did you want
to comment?
>> Fingers crossed that it's
>> wasn't a hand up. It was a fingers
crossed. Okay, fair enough.
>> Yeah. So basically they uh we have ADA
access to the main floor of the
building. The rest of the building is
limited without
>> Yeah.
>> It was before.
>> I was going to say, are you going back
in history?
>> Uhhuh.
>> Well, if Kevin sees no problem with it
operating uh like that and being able to
accommodate you and your soft opening
plans, I certainly don't. I would love
to have someone at the town office here,
whether it's Kevin or Betsy or Julie or
you know, maybe be updated on how
Thursday goes.
>> Yep.
>> Great. Super.
>> We can do that.
>> Anything you want to add to that?
>> Just the building looks incredible. Such
such a great job.
>> I want you to come in and see it.
I know you can't come with the group
because that's the official meeting, but
anytime you see a car, come in and it
looks great inside. I will definitely.
>> And is your intention to wait until
Thursday to do the soft opening or
>> Yeah, we weren't planning on doing uh
anything until the weekend and simply
putting a flag out. It'd be some dilence
if people want to walk in.
>> Sure.
>> Sounds great.
>> Yeah.
>> Great.
>> Sounds great. Yeah. Let us know how
Thursday goes. We'll be looking forward
to it as much as anybody
>> and appreciate that.
>> Okay. Congratulations, too.
>> Incredible feat.
>> Oh, man. Look.
>> Yeah, I I I do want to do that. I'm just
as curious as everybody else that drives
by it three, four, five times a week.
Um, any other discussion uh comments on
that before we move on?
Great.
B 4B letter to select board in dees
regarding Black Mountain site
disturbance. It's kind of it's been an
ongoing conversation that we're working
our way through. Uh we did get a comment
from
Calvin Dyner, the compliance supervisor
uh at the uh Department of Environmental
Services. and I'll just read it into the
record and then we'll move on to another
letter we received here at the office
and then we'll uh accept any comments if
there are any.
Uh this one was uh addressed to Julie
Miss Hoya New Hampshire Department of
Environmental Services is in receipt of
your August 31st email concerning Black
Mountain. My name's Calvin Dyner and I
serve as a compliance supervisor with
the land resources management program at
New Hampshire uh department of
environmental services. I supervise
Peter Ki who has been the primary
investigator for the ongoing case
involving Black Mountain.
At this time our department is actively
formalizing enforcement actions.
Because this matter is currently under
review, we are limited in the
information we can share. While we
recognize the conditions at the site and
are aware of the significant public
attention surrounding this issue, we are
not in a position to comment on an
active case. The department continues to
document all materials submitted by the
public and will respond as appropriate.
Please understand that formal actions
require time to develop. We acknowledge
that both the town and the public have
many questions and have expressed
interest in a public forum. However,
we're not able to participate in such a
setting at this stage.
Uh thank you for your understanding,
Calvin Dyson.
and then I'll read into the record uh a
uh letter we got from Penny Porath
through an email.
Uh and this one is uh addressed to uh
dear Mr. Ki, Mr. Livingston, and Jackson
Select Board.
This letter is in regards to Black
Mountain Ski Area, Whitney's in and the
management of the pond, diversion burm,
high and low water flow, dam safety, and
Davis Lane, Brook, and Great Brook. With
every rain event since November 2024,
damages have been actively observed by
Jackson Conservation Committee members,
the town building inspector, town
engineer, and many concerned citizens
and local anglers. Complaints have been
made, requests and requirements
exchanged and directives. However,
nothing has changed. Conditions have not
approve improved.
Damage continues to be done with every
rain and dam requirements are ignored.
I'm deeply frustrated at the flaunting
disregard and argumentative stance
against US federal na New Hampshire
state and town regulators by Black
Mountain's owner Eric Mogansson who now
owns Whitney's in and thus the
snowmaking pond for Black Mountain Ski
Area.
The only responses and actions of Mr.
Mogensson's include threatening legal
action against the town to delay
responses and to continue with extensive
excavation.
There does not appear to be any
reclamation or seeding or erosion
control and damages continue to occur
with every rain. It is my opinion that
New Hampshire Department of
Environmental Services is not taking a
fast and firm approach to protecting
Great Brook and Wildcat River. There's
been an antagonistic resistance by Black
Mountain Whitneys to respect and comply
with local, state, and federal
environmental and zoning regulations.
Complying is simple, inexpensive, and
offers effective solutions that protect
local waters and wetlands.
Compliance makes a good neighbor.
Instead, Black Mountain has chosen to
argue and regularly threatens regulators
with lawyers and lawsuits.
There is simple solution that costs
black little and makes friends in town.
Instead, Mr. Mogensson wonders why the
town's legal budget line item is so
high. On the New Hampshire state level,
the response has been slow in regards to
wetland protections and concerns over
dam and pond breaches and contamination
of Great Brook.
And it says, see attached photos and
videos for actual violations.
And then there are four bullet points.
As of the last select board meeting on
August 11th, 2026,
Mr. Morgensson continues to delay and
argue instead of spending shorttime
effort and expense at installing highly
effective surface runoff mitigation
efforts. It involves the strategic
placement of hay bales, cheap silk fent
fencing, stone filtration, check dams,
fabric filtration, turbidity curtains,
and other lowcost, highly effective
protections.
No engineer, no lawyer required.
Results include clean river flow,
healthy aquatic life, adequate water
levels, and happy neighbors, and a
community that supports black. The New
Hampshire Department of Environmental
Services is responsible for this river.
We, as residents of Jackson, need
support from New Hampshire Department of
Environmental Services to protect this
waterway and to ensure that regulations
are followed in a timely manner, not
after Black has completed their work on
the mountain.
Dam management concerns. In July 2025,
the town requested that Whitney's in
Black Mountain provide contacts and an
operational plan for the dam on the
pond, wetlands restoration, and more.
Part of that plan included active
management of the dam and to remove
boards, lower water levels in
preparation for rain events. Not once
has the dam level been managed prior to
a rain event. Instead, the pond is
regularly allowed to overflow not only
at the dam and the backup overflow area
next to the dam, but it regularly
breaches the soil berm that runs along
the long side of the pond. It blows out
and gets breached um carrying mud, silk,
and gravel directly into Great Brook.
This breaching continues to this day and
still no one actively manages the water
level via the boards and in the dam as
required. People do question what would
happen if the dam or burm completely
failed. Is this dam regulated by this
state?
Of note is that the New Hampshire
Department of Environmental Services
application and permit explicitly state
that Great Brook is supposed to be
diverted during winter months only to
maintain water for snowmaking and fire
suppression. During non- snowmaking
season, the pond is not supposed to be
damned to max height, nor is Great Brook
to be diverted to the pond. Diversion is
supposed to be seasonal and to support
just enough water for fire suppression.
It is August 17th, 2026, and the dam
height is maxed out and most of the flow
is being diverted from Great Brook into
the pond. When the river's water level
is low, the section of Great Brook below
the TA diversion has a standing water
only as the diversion berm diverts most
water to the pond. How is this
acceptable? The trout are not happy. On
the town level, Mr. Mogensson has
literally stated that he does not care
what the conservation commission thinks
or says, states he is actively working
with New Hampshire Department of
Environmental Services. If this is the
case, then why has there not been any
actions taken by Black to prevent
erosion, remove sandbags from the river,
restore flow to Great Brook, and follow
through with the town's requirements
regarding the pond, dam management, and
emergency contacts as stated in their
letter? Why is the state not required,
Mr. Mogensson, to take action to protect
Great Brook?
I support the town and state in issuing
fines to the mountain owner for its
abuses and disregard for sight
disturbance permits, wetlands
violations, as well as a lack of timely
building permits. These should be
charged and not forgiven. The violations
have been occurring since November 24th.
It seems that the town and state both
need to ensure on-site access by the
building inspector and engineer and
state to all areas of the mountain to
ensure that regulations are being
followed from timber harvests and site
disturbances to construction projects
and wetland projects.
Thank you for your attention to this and
I desperately hope that action occurs
swiftly. Signed, Emily Porath.
Uh I have some ideas on how to go about
this agenda item moving forward.
uh first because uh she's here uh Emily
I would like to meet with you uh
regarding this and express some of the
ideas I have about any future letters
you write in order for anything else
that happens in the future to be read
into the meeting. This one was a little
bit
um
hard for me in that I would like to see
it softened up. I would like to see uh
less of a comment on somebody's state of
mind and more factbased. And so I'm
happy to work with you on that. I will
need that if I'm uh going to be reading
any more letters into the minutes and
I'm happy to do that, but I want the
tone to be acceptable to me.
>> Um, so having read in the New Hampshire
Department of Environmental Services
email to Julie
and Penny's letter um addressed to Mr.
Ki, Mr. Livingston and this select
board.
Does anybody have any comments on um
what was just read into the record of
the notes
or I just I mostly have a question was
um Kenny
mentioning there about a letter that
went out about the operation of that
snow making pond and the the dam and I
was wondering if there was ever a
response to that letter. address a lot
of her concerns if that if that was if
that letter was responded to with
>> Yeah, I would ask anybody that has any
questions about this to go ahead and uh
check in with the town office to see if
there have been any other uh
communication on that rather than open
this up into some sort of a question and
answer period which is my intention not
to have happen. Anything else you want
to comment on before I look for another
hand?
>> Oh, go ahead.
>> Okay. Anybody else have any comments?
Eric,
>> thanks, Bob. Uh, I think just, you know,
I don't, we're not, as you said, not
going to get into debate about this
necessarily in this, but I would
disagree with with Penny's letter almost
in its entirety. Um, we are in active
communication with the state. Um, and I
don't think us reading every single
email back and forth is appropriate. Um,
a lot of the stuff that I thought, you
know, and he brought up there was just
grossly
fictional. Um, and you know, that's our
point. So, I think at some point if we
want to get into the practice of us
writing letters and you reading into the
record and Penny writing letters and
reading in the record, um, I think we
could do that. But I do like your
comment about factual
and tone down. I think that makes a lot
of sense.
>> Any other comments?
Barbara, do you have any comments?
>> No, I mean that it's obvious that the
dees is attending to this issue and I
wish we could change timelines, you
know, so everything could be resolved
and hopefully moving forward, but we are
at the mercy of of sort of hurry up and
wait till they get back to us. So open
open investigations and we'll wait and
see what happens from there.
>> All right. Uh my my only comment is that
it was uh my decision to either add that
letter as an addendum to the minutes or
to read it or read them both or one or
the other into the minutes. I chose
reading them in. That may not be um the
way that I I uh choose to deal with
letters in the future, but I chose to
deal with it this time that way. And um
if anybody has any questions about
anything else that may be in the office
we've received, please feel free to
contact Betsy or Julie during normal
operational hours.
Next up is the cemetery lot agreement
that we're here to address. Um, this one
is for Dawson Santoro
and the lot is 750D on the map at the
village cemetery. So, I'll entertain a
motion to approve.
>> I will make that motion
>> and I'll second it. Sounds good.
Okay,
next up we want to deal with the Jackson
Public Library
Board of Trustees business.
uh they've recently received the
resignation of uh board of trustees
member Laurel Smith
and so they are proposing to
um have one of their current alternates,
Jen Hayes, who has expressed an interest
in filling the opening uh be uh moved up
to a regular uh member of the board of
trustees, not an alternate.
And uh Barb, do you have any thoughts on
that?
>> No thoughts other than to thank Laurel
for all of her service and hope that she
and her family can have a wonderful time
because they're moving out of Jackson.
So, she was really a great asset to the
town as her family was. And then as far
as the appointment of Jen Hayes, I would
approve that.
>> Okay. Um yeah, a long time member of the
board of trustees and neighbor and Why
anybody who lives in Jackson would move
to Idaho is beyond me, unless it's about
family, and I understand it is. So, I
get it. I get that whole thing. So, I'll
go ahead and entertain a motion to um u
approve uh Jen Hayes as a regular member
of the Jackson Public Library Board of
Trustees.
>> So, moved.
>> I'll second. All those in favor? I
and
>> get signed and then
>> Yeah, that will be signed once we swear.
>> Yeah.
And so, Jen, and uh then we're going to
move up
uh or address a recommendation, I should
say, uh from the Jackson Public Library
Board of Trustees that Mike Snyder be
appointed to serve as the alternate
member on the board of trustees. Um he's
uh expressed an interest as an avid
reader. Really good for a library board
of trustees and is uh very involved in
the Jackson community. Um so I will
entertain a motion to approve Mike Snder
as the new alternate on the board of
trustees of the Jackson Public Library.
>> I will make that motion.
>> I'll second it. All those in favor?
>> I I
>> And you know what? I think we actually
sign that other appointment form and
then Karen signs it when they make the
appointment. So
>> yeah, just to save us from one double.
>> Yeah.
Oh,
perfect.
>> There you go. Thanks.
>> All right. Uh, next up
is a couple of ongoing and pending
issues that we've been uh dealing with
on a regular basis. Um, the Dana Place
Road Stream Crossing. Um, we had
initially uh hoped to have some
representatives from the Dana Place
Homeowners Association here to kind of
address a letter that went out the first
week of August from Richard Lavine to
the select board and the association.
Their pending response is not ready yet.
So, that has been tabled to September
29th.
>> All right. Uh, noise ordinance review is
pending and that is to be presented by
Barb at a date to be determined.
>> Right. I'm thinking probably the October
13th meeting.
>> October 13th meeting is when you see
that noise ordinance review
>> right now. I won't hold you to it.
>> I know. That's my goal.
>> All right. That's a good goal.
Excellent.
and uh the town hall road update.
Jim, you're here for addressing that,
correct?
>> Sure.
>> All right. Give us a town hall road
update on that ongoing issue with the US
Forest Service and how it was.
>> Like you said, with the other government
agency, I said the US Forest Service was
on fire deployment until the 21st of
this month. So, it's been t
Uh
Jimis is I'm assuming out west. Uh he
still has some issues with our plan that
he wants to meet on but unfortunately
before we can meet he went west. He will
be back the 21st of this month and we
plan on getting together after that.
>> So within the week he plans on being
back.
>> Yeah, I think it's this week he went
back. So
>> I should hopefully hear from him that
week and get together and move forward.
Well, no one knows more about the wheels
of federal government turning slow than
you.
>> Yes, I do.
>> So, we will look forward to him being
back and in a position to uh address
that and uh that'll be exciting when
that actually does come off everyone's
plate.
>> Excellent. Thank you. Um
that's it on pending ongoing
discussions.
We do have
some short-term rental
permits. There is a new
uh short-term rental commission
conditional use permit application here
and it has been tabled until se Oh, no,
it has not been tabled. It's map V2, lot
37A.
>> Um, anything you want to add to this?
This is through Richard Dyer. Is there
anything uh you're you're good with this
or
>> planning board? Okay.
>> It's been moved over.
>> So, we'll look for uh the planning board
here has kind of looked into it
>> and uh look for a motion to approve.
>> Motion to approve at uh map V2, lot 37A
for the short-term rental.
>> And I'll second that. And that's uh the
Dyer's place right right across from uh
the post office there on the other side
of the road just up.
>> So all those in favor
>> I
>> I and so one signature
>> that has been approved.
Where is that
page?
Very good.
And then there is one short-term rental
violation notice for a short-term rental
that is at 13 Rogers location.
And this is a first warning for Mr.
Orlando, who is the property owner. Um,
he's currently advertising for four
bedrooms, sleeping 12. The property has
a threebedroom approved septic system,
so that's his limit. And that allows him
to advertise sleeping a maximum of eight
people.
Um, and so have you been up there and
looked at this? Um, I'm familiar with
the property. Yeah.
>> Is it is that is that all there is
that's of a concern or
>> at this moment that's all there is. If
>> there's another concern probably come
out next sele.
>> All right. Excellent. But for now,
>> yeah, for now this this is it for now
>> is the violation um notice. Um, so I'll
go ahead and entertain a motion to send
the violation of advertising for too
many bedrooms and people.
>> I'll make that motion.
>> All those in favor?
>> I
>> I Oh, and I second.
>> I forget. It's It's lonely up here. Just
two people.
>> Quiet.
>> Where's my
>> your secondary?
>> Frankio secondary. Exactly. All right.
Well, I guess that means that uh there
may be more in the future, but for now,
we've taken care of the business that's
in front of us.
>> Excuse me.
>> Yes.
>> Hi. Sorry. I'm the I'm the property
owner.
>> Hi.
>> Sorry.
>> Your name is
>> My volume's not working well. Um you
guys hear me?
>> Yeah. And what's your name?
>> Uh my name is Vin Orlando, the property
owner.
>> Excellent. been uh did you have a
comment to make?
>> Yeah, I just just curious where did they
see that it was that it was advertised
that way?
>> Uh yeah, this is a comment section
rather than a question and answer
section. If you have questions regarding
um where that came from and you're not
aware of it being advertised like that,
you would want to take that up with the
proper staff.
>> Okay. All right. So this is so this
concludes my part of tonight.
>> That that that's all we had on that
agenda item, but if there's more that
you'd like to comment on as opposed to
ask and we're happy to to uh
>> take your No, I guess I don't have any
more comment. I just had a management
company running it and I just don't know
when that happened or whatever. So um
but all right, I guess that's all.
>> Thanks, man. Thanks for taking the time
to uh
>> to log in. I appreciate it.
>> Um okay. Anybody else have a comment on
the short-term rental uh issues?
Then we'll move on.
Thank you. And uh now building permits,
driveway permits looks pretty
straightforward there, Kevin.
>> Yes, it is. Yeah.
>> Okay. Nothing in the way of driveway
permits. And so we're at the public
comment section of the meeting. Does
anybody have a public comment to make?
Eric?
>> Yeah. I just want to go ahead and
reiterate my disappointment in reading
that letter into the record. Um I think
Penny's had a pretty documented
adversarial position towards Black
Mountain and myself. We've worked with
the sheriff to issue a no trespass order
on the property. And I would like to see
some consistency from the select board
in terms of what we read into the
minutes and what goes into the Jack's
knee news versus what doesn't. Uh and I
will follow up maybe with some more
suggestions uh to you Bob in the near
future with that. Thank you.
>> Thank you. Any other comments?
Seeing no one else interested in making
a comment,
I'll make a comment. We have an upcoming
select board meeting on Tuesday,
September 29th at 3:30 p.m.
and an upcoming meeting on Tuesday,
October 13th at 3:30 p.m. And then our
second meeting of October will be uh
Tuesday, October 27th
at 3:30 p.m. That puts us back into our
regular schedule uh of meetings
happening on the second and the fourth
Tuesdays of the month. We got off that a
little bit this month with the uh
holiday. And then I also wanted to
mention Conway Hazardous Waste Day is
coming up and that is Saturday,
September 26th at the Conway transfer
station from 8:00 a.m. to 11:30 p.m.
Unfortunately, I'll be hiking, but if
anybody wants to take my old paint over
to the uh Conway dump for me, let me
know. We'll be able to make that happen.
Barbara, any last comments?
>> No comments. Okay, we have
>> no nonpubliclix to adjurnn into. So I'll
entertain a motion to adjurnn.
>> I will make that motion.
>> I'll second that motion. All those in
favor?
>> I
>> I.
>> Thanks everybody. Appreciate you coming.
>> Thank you.