Selectmen’s Board Meeting
April 21, 2011
Present: Beatrice Davis, Chairman; Jerry Dougherty IV, John Allen; Selectmen
Visitors: Office Administrator Diane Falcey, Police Chief Karl Meyers, Treasurer Warren Schomaker, Building Inspector Andrew Chalmers, George Howard, Paul Belluche, Erik Eisele (Conway Daily Sun), Patrick DeBoever, Will White, Sam Harding, Barbara Balfour, Bill Wogisch
Chairman Beatrice Davis called the meeting to order at 4:02 p.m.
Approve minutes:
Selectmen’s Meeting – April 7th, 2011 Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the minutes of the Public Session of April 7, 2011 as written. The motion passed unanimously.
Non-Public Session – April 7th, 2011 Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the minutes of the Non-Public Session of April 7, 2011 as written. The motion passed unanimously.
Police Chief Report Chief Meyers reviewed department activities over the last two weeks; some items include a car/moose accident, a District Court case regarding possession of drugs, simple assault and operating after suspension; a person locking their keys in their car and residences that Officers are keeping an eye on while on vacation; an arrest warrant was served for possession of drugs, transporting drugs and possession of a handgun; reports were taken of a lost passport and a lost license plate. There was one false burglar alarm, a VIN verification and a verbal domestic disturbance. A report was taken of an injured moose and of a vehicle off the road. There was a lot of follow-up regarding the arrest.
Building Permit Business – Andy Chalmers, Building Inspector
DeBoever, Patrick & Connie (Map R18, Lot 44) Replace existing shed Inspector Chalmers noted he has checked the setbacks; the shed is within the setback of Francis Avenue and appears to be inside the setback of the abutter. The DeBoevers can replace it “in kind” but they can’t increase the height or volume. While an application is required a Building Permit is not required. Mr. DeBoever has been advised of the conditions and has agreed to them.
Jackson Public Library (Map V2, Lot 47C) Replace temporary sign with permanent sign Sam Harding joined the Board; he noted he has the application for a Building Permit. Gemini Signs created the sign; it will not compete or be bigger than the sign for the Town Offices. There was a strong feeling that even though this was a barn it is now a Library. Sam let the Board know that the Library will be increasing the concrete out on the side; then everything that has been dug up will be paved in asphalt. This will allow for plowing snow on the tar rather than moving it off into the grass. The location of the handicapped spaces has to be discussed with Road Agent Henry so the lines will be correct. Sam noted that members of the public are parking in the lower lot and in the winter time it’s hard to get
up to the Library; it’s bad footing; this is not the Library’s parking lot and the Library doesn’t have the money to do that walkway. Selectman Dougherty noted we have to have ADA access from that lot to the Library; does this mean an ADA walkway has to be put in? Building Inspector Chalmers noted Jackson has to provide two handicapped parking spaces for the Library and two for the Office building; if that is provided then there’s no need to have one in the lower lot. There’s also an issue with the cross-country ski trail crossing it; folks have to take their skis off but they are not supposed to be doing the trail through there; it will be addressed. Selectman Dougherty suggested Road Agent Henry could go down through with the loader; this needs further discussion. He also feels the Library doesn’t need to complete the application but was informed that the town always completes one for itself. Selectman
Dougherty, seconded by Selectman Allen, made a motion to accept the building application for the sign as submitted. The motion passed unanimously. Sam noted the Library had a “soft opening” already but the real one will be on May 28th; that’s Memorial Day weekend and will coincide with the book sale at the Whitney Center; he explained the plan for the opening and noted the Library has won an historical preservation award so the Governor will be in attendance. At least one Board member will be in attendance.
LCM White Realty Trust, Lisa White Trustee (Map V4 Lot 26) Install wall in basement; move hot water heater & install flooring. Will White joined the Board. Building Inspector Chalmers has no issues with this application and he recommends that the Board approve it. Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the Building Permit. The motion passed unanimously. There are a couple of code items to address; by doing this the basement becomes a habitable space; there’s a door going outside so there’s no issue regarding an exit. Building Inspector Chalmers has discovered a 1968 septic approval for two bedrooms; we have on the tax forms that it’s three bedroom. The Selectboard needs to notify the owner that there’s something different than what was
approved there. Will noted the wording of the application is confusing; it says a building permit application needs to be submitted; so he completed one and then he had to pay a fee even though the application says no fee is required. Building Inspector Chalmers noted what was paid was the application fee of $25 plus the dollar value times 0.00025. Will paid two fees and that’s confusing to him. Selectman Dougherty agrees; it needs to be revisited. Office Administrator Falcey pointed out that an electrical inspection will be necessary, which is why the value fee is required despite that the work is under $10,000.00. Will noted he wouldn’t mind so much if the application said he had to pay a fee. No fee is needed if an alteration is being done but plumbing and electrical are not considered alterations; it’s new work and has to meet the state building code; this space will become living space; it has to meet codes.
Selectman Dougherty explained that submission of an application requires a fee; if a building permit isn’t issued the check is returned. The application portion goes to the town when the homeowner is doing something that requires inspection; the value fee pays for the inspection. Selectman Dougherty wondered about DeBoevers’ application; he doesn’t think an application needed to be submitted and because the town asked him to submit an application Selectman Dougherty feels it is inappropriate for the town to ask for an application fee. Building Inspector Chalmers noted it’s a mode of enforcement so sheds don’t show up on property lines; the Board needs to revisit the application. The Board thanked Will for bringing this to their attention.
Mallett Corp., aka Red Fox (Map R13 Lot 29) Modify lobby partition, and erect brick enclosure for brick rotisserie. Building Inspector Chalmers noted he has met with Fire Inspector Goudreau; all the information has been supplied; this is a modification to their lobby and Building Inspector Chalmers recommends approval. Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the building permit. The motion passed unanimously.
Selectman Dougherty would like the Board to have a workshop around these issues; the Board also needs to discuss where Jackson is heading with these septic violations that are being found.
Susan Terzakis, Representing Senator Ayotte Ms Terzakis did not attend.
Extension of Cable Franchise Agreement The town is being asked to extend the cable franchise for another five years; Time Warner came to the Board in 2009 because there’s a thirty-six month lead time on the agreement; the voters approved asking to get Channel 3/PEG access in Jackson. For $5,000 the town of Conway would give Jackson access to Channel 3 which allows Jackson residents to view Channel 3; Channel 3 is not going to be providing any coverage for Jackson events. The Agreement with Time Warner allows them to use Jackson’s land for cables. Selectman Dougherty spoke with Mike Edgecomb at Time Warner regarding this and it seems that extending this Agreement is the proper thing to do and is separate from the access to Channel 3; it is favorable to the town and was established in 1987; new
contracts are not quite so favorable; Time Warner continues to extend the agreement they have in place rather than negotiating a new one. Selectman Dougherty, seconded by Selectman Allen, made a motion to extend the Cable Franchise Agreement for five years. Office Administrator Falcey noted the town will still continue receiving three percent from the cable company; Selectman Dougherty pointed out that the cable company can retain a percentage of the fee to cover the cost of providing the channel but they don’t provide a channel so they don’t retain any fees. Office Administrator Falcey noted if the town was to increase the percentage the cable company would just pass it on to the public. Barbara Balfour asked how much the three percent represents and was informed it is $15,000 that goes into the town’s General Fund. There was no further discussion. The motion passed unanimously.
Cable Channel 3 MOU between Jackson and Conway. Selectman Dougherty explained that this is a Memo of Understanding which allows Jackson to view Conway’s channel; Conway is also open to Jackson using that channel to cover Jackson events; however that wasn’t budgeted for this year but is worthy of discussion at another time. Selectman Dougherty, seconded by Selectman Allen, made a motion to enter into the MOU between Jackson and Conway for Channel 3. Selectman Dougherty noted Conway Selectman DiGregorio will be happy to come and speak with the Board; Office Administrator Falcey will make those arrangements. There was no further discussion. The motion passed unanimously.
Intent to Cut Report
Garland Lumber (WMNF Than unit #13) 10-231-13T The document was signed.
Public Comment: George Howard noted the North Country Council had software to evaluate roads; Chairman Davis will talk to Road Agent Henry about that; he’s been working very hard over the last two weeks on setting priorities; the way he wanted to approach it would be to avoid needing to go for a bond.
Erik Eisele understands the town has been working on an agreement with Bartlett regarding the Transfer Station; he’d like to know where negotiations are with that. Chairman Davis noted the town is working on it; discussions seem to be going well and once an agreement is reached the information will be shared. The biggest issue is trying to get three members from each town to be able to find a date to meet.
The Board went into Executive Session in accordance with RSA 91-A3, II at 4:50 p.m. to discuss a personnel issue but returned to Public Session at 4:51 p.m. because the Board thought Kelly Ayotte’s representative had arrived. It was determined this was not the case.
The Board went into Executive Session in accordance with RSA 91-A3, II at 4:56 p.m. to discuss a personnel issue.
The Board returned to Public Session at 5:04 p.m.
Auto Registrations (added): Town Clerk Heidmann spoke about discussion that is occurring around auto dealers being able to complete registrations; the state auditors don’t feel comfortable with the auto dealers doing that; she’s not sure if it would be town’s bond rating or auto dealer’s bond rating involved. One of the largest concerns is that a lot of towns have issue with people claiming residency when they are not residents; in that case revenue goes to that town inappropriately. She also noted there’s a question as to why auto dealers would want to do this; they are in this to make money. If the town wants a paper check then the auto dealer has up to twenty days to get that money to the town.
The Board went into Executive Session in accordance with RSA 91-A3, II at 5:08 p.m. to discuss a welfare application.
The Board returned to Public Session at 5:23 p.m.
Selectman Dougherty explained that when the Board goes into Non-Public Session those minutes have to be available within seventy-two hours unless the minutes are sealed. If the minutes are sealed that has to be for a reason. It is okay to seal minutes indefinitely if there is personal information that could harm someone. Most personnel matters can be sealed; as far as the welfare application goes the public has a right to know how much has been spent but not on whom.
The meeting was dissolved at 5:25 p.m.
Respectfully submitted by
Martha D. Tobin
Recording Secretary
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