Selectmen’s Board Meeting
May 5, 2011
Present: Beatrice Davis, Chairman; Jerry Dougherty, John Allen, Selectmen
Visitors: Office Administrator Diane Falcey, Police Chief Karl Meyers, Fire Chief/Road Agent Jay Henry, Supervisor of the Checklist Bobbi Meserve, Building Inspector Andy Chalmers, Bill Wogisch, Sarah Clemons, Susan May, Susan Terzakis, Holly Lewis, Patricia Meyers, Gino Funicella, Larry Seibert
Chairman Davis called the meeting to order at 3:15 p.m. The Board went into Executive Session in accordance with RSA 91-A3, II at 3:15 p.m. to discuss the Solid Waste Disposal District Contract between Jackson and Bartlett. The Board returned to Public Session at 4:00 p.m. when members of the public joined.
Amend & approve minutes
Selectmen’s Meeting April 21st, 2011 Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the minutes of the regular session. The motion passed unanimously.
Non-Public Session #1 April 21, 2011 Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the first Non-Public Session minutes. The motion passed unanimously.
Non-Public Session #2 April 21, 2011 Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the second Non-Public Session minutes. The motion passed unanimously.
Police Chief Report Chief Meyers reviewed Department activities since the last meeting noting that last night was a busy night. There were two false burglar alarms; a condo that was burglarized and a report of a tree down. Officers assisted with a restaurant employee who was seizing and another employee falling with a laceration; a restaurant called in a suspicious vehicle, Officers found the owner who was asked to remove the car; there was also a report of a lost license plate. Family members not getting along came up and boarded up a vacation house; a lost wallet was turned in; the Department participated in National Prescription Drug Take Back Day on April 30th. A resident was fingerprinted for employment. The Department received a call from an elderly lady reporting a suspicious person; it was
a very aggressive antique dealer who was knocking door-to-door. A restaurant was firing an employee and the owner was concerned the former employee would come back and take revenge so Officers assisted with that situation. There was a car accident where the vehicle ended up in the swamp; the driver attempted to go to his house and broke into the wrong house; the driver was arrested for DWI. Selectman Allen asked if there was any word on selling the old Police vehicle and was informed they are waiting until the old cruiser goes out of service and then will put an ad in the paper.
Road Agent Report Road Agent Henry had a good discussion about the street lights with Larry Baima; Police Chief Meyers and Brooks Dodge. Everyone is in agreement on a few things and will see what the Coop offers. They did come to the conclusion that LED is the way to go; this would be work for the future; it could be a year or two out. There were thirty-one storms that were plowed; there were a lot of one – three inch storms; it was a pretty expensive year. Spring mud season is bad this year; especially Dundee; the road bans will be up late this year. Pike will be paving May 15th; the price increases due to oil prices so he wanted to get as much done as soon as possible and then we’ll move on to reclaiming on Tyrol; this is covered in the budget even if the price goes up; the Department
reclaimed Eagle Mountain on Wednesday and that will be ready to pave next week. Road Agent Henry noted the Department has to do repair work on Whitney’s Pond; it’s dried out; this is a joint effort between the town and the business owners (Black Mountain and Whitney’s). Road Agent Henry would like to have uniforms for the Department’s employees; Conway provides uniforms comprised of shirts, pants, a vest and one jacket. This will cost $12 per week per person and Road Agent Henry has it within his budget; the employees brought this up. For $600 per person per year this includes laundering. Selectman Dougherty would like to let this hang and see what kind of response there is from the public; today is the first he’s heard of it; he agrees with providing uniforms at that rate but wants to hear from the public. The Board will wait until the next meeting and take it under advisement. It’s a common standard
practice and it makes sense. Regarding the Road Plan, Road Agent Henry and Engineer Philips met yesterday; he was agreeable with almost everything on the report. The Board should have a statement/recommendation about this. Black Mountain will be reclaimed as will Thorne Hill and the Jackson end of Dundee; it’s questionable as to whether to do just the reclaim or to use gravel too; it will be easy enough to do this in the future. On the Highlands, there were two options and Engineer Philips agreed with Road Agent Henry; they will do the drainage first then see what that does over the next three years; it’s straightforward. He would like the Board’s thoughts; Selectman Dougherty noted it would be premature to set policy or recommendations but is really impressed with how Road Agent Henry put this together; the numbers are encouraging as to how to fund it; he’d like to have another Work Session or even at a Regular Meeting have
discussion with Road Agent Henry and Engineer Philips as to how to put it together to present to the voters.
Fire Chief Report Fire Chief Henry noted by January 2012 he’d like to have discussion about putting commercial pressure graded piping standard for residences; he’d like to make that a Jackson ordinance; this is very simple; the Fire Department can make it an ordinance; Inspector Chalmers agrees; it will make it safer for firemen when going into a blazing building. The Board will discuss this when Fire Inspector Goudreau can attend. This law was supposed to go into effect in 2009; if the legislature takes no action then it will go into effect in January 2012; all new residences will have to have a sprinkler in them. This will aid the fire company’s ability to put out the fire. Fire Chief Henry noted this will cause more work for both he and Inspector Goudreau. Inspector Chalmers noted the
design is simple, Hale’s Location has had them for years; it’s not complex; this runs off the domestic water lines with a two and a half inch connection. Fire Chief Henry noted Wild Cat Tavern is almost done; this has been an on-going project started before Fire Chief Henry had the job.
Building Permit Business – Andy Chalmers, Building Inspector
Scola, John & Stephanie (Map R12, Lot 178) Install windows & siding Inspector Chalmers noted this is for windows and siding which the town doesn’t typically require a Building Permit for however they are changing the structural configuration of the house. Inspector Chalmers has spoken with the builder and Inspector Chalmers’s is not comfortable with the increased loading on the glass; he’s asked to have an engineer review; it makes sense to issue a Building Permit for this. Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the Building Permit as recommended. The motion passed unanimously. Selectman Dougherty noted it’s a good idea when people are replacing windows to make sure it’s a non-structural situation. This has also
been a good opportunity to get egress windows in; when it’s brought up, owners think it’s a very good idea.
Edith Evans Trust (Map R16, Lot 12) Non-conforming Residential Lot Inspector Chalmers noted this is a piece of property that has been in the family for a long time; it predates the law requiring frontage on the road and Jackson’s requirements; it was a landlocked parcel that predated all of the regulations. They have a deeded Right of Way and got a septic approval. Inspector Chalmers has spent hours with the brother and sister who want to sell. The Board only acts on things when there is a Building Permit in front of it but in this case if there were an application in front of the Board, based on today’s laws, the Board would have to deny the application and it could then go to the ZBA. The Board will issue a letter to these folks stating if the Board is presented with a Building Permit
application the Board would have to deny that and it may then be sent to the ZBA. The best first step is to go to the ZBA and get a variance. Mrs. Evans called; she has an approved septic from the State and Town but our Engineer has written a note next to the stamp stating that it may not be a buildable lot due to RSA 674:41. The Board should send a letter as discussed; Selectman Dougherty is concerned with doing that; the Board’s response should be that it only acts on submitted Building Permit applications; beyond that we’re discussing a hypothetical situation; They can read the minutes of the meeting and see that’s the case but Selectman Dougherty is not sure how the Board is obligated to set the precedence of advising people on a non-submitted hypothetical application. Inspector Chalmers noted his thought on this is that these folks would be happy to do the dance regarding the permit, to design a house they are never going to build but the
application doesn’t go with the lot; they could do the dance, get denied but that work is for naught because the application dies with the applicant not the lot; whoever buys it would have to go to the ZBA anyway. According to RSA 674:41 we would have to deny it. Inspector Chalmers hasn’t heard anything about amending this law; the town can say based on current law we would have to deny the permit. Chairman Davis noted this lot was bought in 1959; it doesn’t matter as far as 674:41 is concerned; the town cannot issue a permit for anything that doesn’t have frontage; do we make these folks go through the process? Selectman Dougherty noted the application doesn’t transfer, so the person who buys it would need to go through the process again; it was noted the variance would stay with the lot. Selectman Dougherty noted the Board hasn’t ironed out with the ZBA yet if they are okay with the Board sending cases there first.
The Board agreed to send these folks a letter as suggested by Inspector Chalmers.
Building Permit Work Sessions A date has been set for the Building Permit Work Session; it will be Tuesday May 10th at 3:15. Selectman Dougherty noted that while this is a Public Work Session the Board is not looking for input from the public; it is just looking at the fee structure and possibly rewording the Building Permit application to make it clearer. Chairman Davis noted it will be an informational meeting; Larry Seibert asked if the Board would accept anything in writing from the public in advance; it was agreed this would be good to have.
Myers, Patricia (Map V10, Lot 7) Accessory Dwelling Inspector Chalmers noted this was just brought to his attention today; he has to take time to review this. Patricia asked if there were any questions she could answer now; she joined the Board. Inspector Chalmers noted in looking at the Building Permit he found there were a couple letters on file; she has a single two bedroom house with a studio with a three bedroom septic approval. Patricia noted she purchased the property in 1999 and began building in 2000; the septic has been in place for six years. The Board at that time (Gino Funicella, Dick Bennett and Gary Allen) decided to have the Building Inspector look in the windows to see what was happening. They asked if she was overloading the septic and she was not overloaded septic. Patricia
lives in the major part of the home; two hundred twenty five gallons per unit won’t overload the septic. The concern is that someone thinks they can have a three bedroom home and an accessory apartment. She should revise the septic for state approval for two separate dwellings with each having one bedroom. It’s a different approval than a three bedroom septic; it’s the same design; same everything; just reallocates the flow for two one bedroom units; one dwelling unit in the main house and an accessory apartment. The way to clean this up is to get a permit for an accessory apartment. Gino Funicella asked to comment as he had been on the Board at this time. He noted this had come to the Board as Patricia had some people living there and at that time Patricia had said it was not sleeping quarters and she had no other bedrooms in the house; that was seven years ago. Patricia wanted to know what defined a bedroom; this room
was a closet. It was noted that the definition of an accessory apartment has changed; if there’s a bed then it’s an accessory apartment. Patricia noted she didn’t apply to build a three bedroom home; it’s an open concept area; she’s increased the loft into a Master Bedroom. She asked what she needs to provide; Inspector Chalmers noted he literally just pulled the file out; she will need to get a Permit for an accessory apartment. Patricia is concerned when she’s told by a town employee that something is illegal. Selectman Dougherty noted that currently the town doesn’t have an approval for an accessory apartment; this is the first time an appraiser has questioned this and that’s what he has appraise this at; the purpose here is to try to make what Patricia has legitimate. It has to be determined how things are sited and specify that she can’t change it to increase the use; Inspector Chalmers
will contact Patricia after he has done some research. Patricia can submit an application for an accessory apartment on the town’s website.
Lewis, Holly (Map V8, Lot 30) Residential Construction. Holly Lewis joined the Board. Selectman Dougherty would like to remind all that the town has litigation on this matter pending in court for August, however he would like to change that by withdrawing the Board action. In moving forward he would like to have Selectman Allen have opportunity to participate; a large part of this might need to be held in Non-Public Session with an attorney. Selectman Dougherty wants to know if Selectman Allen is interested in reviewing this matter and does he want to review it with town counsel. Selectman Dougherty noted both Chairman Davis and he are familiar with this case but Selectman Allen might wish to seek legal opinion. Selectman Dougherty is ready to move to withdraw the court action; he’d like the
Board to consider the matter and to discuss what the currently seated Board wants to do with the pending matter in court. Selectman Allen would like to meet with town counsel on this; he’ll call Rob Upton to make an appointment. Selectman Dougherty believes the town has gotten to court without a whole lot of discussion on the situation; the former Board members’ first action was to sue Holly while he has never had consultation with town counsel on this. Selectman Dougherty feels the Board didn’t follow the proper process on this; he wants to sit down with town counsel, too. Folks know where Chairman Davis and Selectman Dougherty stand on this situation; Chairman Davis wants to continue the court action while Selectman Dougherty does not. Gino suggested that the Board have the Building Inspector explain how this has gone on for four years so the town doesn’t have to have Inspector Chalmers come back for another meeting; Gino as a
taxpayer doesn’t feel the legal action should be dropped. Selectman Dougherty noted the Board knows why it’s at this point; Gino thinks the Building Inspector should explain his opinion. Selectman Dougherty doesn’t feel the process the Board has gone ahead with is proper; it is unfair to present this discussion in this format tonight; the Board can argue against all the points but Selectman Allen needs to know why we are here today. This isn’t a debate; just tell Selectman Allen what took place; there is a public file with sixty five to seventy pages of information. Inspector Chalmers thinks it’s appropriate to not blindside Selectman Allen on this; he should be allowed to form his own opinion. The previous Board and the town’s attorney and Holly’s attorney have explored this time and time again; this is a new opportunity with a new Selectman. Inspector Chalmers takes umbrage that due process wasn’t
followed; it was the previous Selectboard that went through that whole process; there was no lack of counsel involvement or legal advice. Selectman Dougherty agrees; he knows how it transpired but that’s not a good process. It was last year’s Board of Selectmen that took this action; the very first day Selectman Dougherty was in office the Board voted to take Holly to court and Selectman Dougherty abstained; from that point last year, to now, this year’s Selectboard hasn’t reviewed this. It is important to find out if the Board had vetted this properly; from an ethical and moral standpoint it is important to revisit this. Chairman Davis would like Selectman Allen to get up to speed on this situation; she will call Rob Upton. For the record, Chairman Davis has been contacted by several residents who have noted that if the town drops the request for a declaratory judgment they will sue. Holly noted that a Size and Value
Inspection is requested; how many Size and Value inspections has Inspector Chalmers done in Jackson; it was noted that a Size and Value inspection is part of every Building Permit Application that is approved. Holly pointed out this was a renewal. Selectman Dougherty advised Inspector Chalmers not to answer this question as the town is currently in litigation. The big issue for Holly right now is that she can do nothing; Selectman Dougherty would like to look at other avenues so Holly can get her driveway paved and any other actions that have nothing to do with the Building Permit. Holly submitted the permit and is again trying to resolve the issues that are holding her back from continuing on. The last Building Permit Application was recommended but then was tabled for site disturbance; it was her hope to get some sort of answer as to whether she can proceed to have the site work done to provide better erosion control and have the driveway paved.
The Board noted it can’t answer that tonight but Selectman Dougherty is willing to discuss it. Patricia Meyers is curious as to what each of the Selectmen’s thoughts are on a fellow taxpayer living in their home for so many years then being served Notice that they will no longer be able to reside in their home or face consequences. Selectman Dougherty noted the Board could ponder that if it is looked at as a separate occurrence. Selectman Allen asked if he could call Holly and have a discussion with her and Selectman Dougherty pointed out that Selectman Allen could do that as a fellow human being but in his role as a Selectman that would be difficult. Selectman Dougherty is willing to discuss this as he’s that confident on his opinion; he’s been researching this for a year now but to someone who isn’t familiar with the case he would caution Selectman Allen to not have a discussion about this.
Susan Terzakis, Representing Senator Ayotte – Susan Terzakis joined the Board and read a brief statement on behalf of the senator. New Hampshire residents who are looking for help with the Federal Government shouldn’t hesitate to contact her. Susan was thanked for coming to the meeting; Susan noted Senator Ayotte is hoping to give folks a chance to share comments or concerns, federally speaking, regarding the town of Jackson that she can bring back to the Senator. Chairman Davis has met with the Senator. Selectman Dougherty thinks the number one issue facing municipalities is the exponentially increasing rate for health insurance. We can debate the philosophy of health care but what he’d like to see happen is some type of measure to contain the costs from the Senate; until that is
addressed in a real way the town’s budget will continue to spiral out of control. Infrastructure is the next real issue; he is disturbed seeing our money spent in wars overseas rather than spending the money here; those funds would be beneficial to our own economy. Selectman Allen too, agrees that infrastructure is important; Susan would like to know what are the most pressing needs regarding the infrastructure. It was noted that Jackson can afford to take care of its roads and buildings but its bridges are another story; Jackson can’t afford to do what needs to be done right now. Maybe we can address it over the next twenty years but we can’t cover it; not even with a bond. Susan asked if Jackson has applied for federal grants and Office Administrator Falcey noted grants are pushed as far back as 2023 but apparently that’s only state money, not federal funds. While the Board has done some research it doesn’t have
the time to research it thoroughly. Senator Ayotte’s focus is the Commerce Committee, the Treasury and HUD; she works very closely with HUD and has had great success working with towns to get “green” federal grants. Susan noted if there’s anything the Senator can help out with, she wants to hear from folks; Susan will stay after the meeting if someone wants any one to one time with her.
Mason & Rick, PA – Examination of Tax Collector’s Recommital Letter
The Wentworth – Permission to serve alcohol outside licensed area This is for an outdoor wedding. Selectman Dougherty, seconded by Selectman Allen, made a motion to give the Wentworth permission to serve alcohol outside the licensed area for outside weddings. The motion passed unanimously.
Jason Call, Jackson Assessor
NH Public Radio Charitable Exemption Request Jackson has always granted this. Selectman Dougherty, seconded by Selectman Allen (for discussion), made a motion to grant NH Public Radio’s Charitable Exemption request. Selectman Dougherty noted NHPR has a tower on top of Black Mountain and can request an exemption from taxes for the tower; the question to answer is, does the Board consider it to be a public benefit and does it warrant an exemption. In Selectman Dougherty’s opinion NHPR meets the requirements but noted to have an opinion otherwise is appropriate; a lot of people have different opinions on this. Jackson has done this for the five or six years they’ve had the tower there. There was no further discussion. The motion to approve the Exemption Request passed
unanimously.
NE Forestry Foundation Charitable Exemption Request Selectman Dougherty, seconded by Selectman Allen (for discussion), made a motion to deny the NE Forestry Foundation Charitable Exemption request. It was noted their assessment is a lot and they only pay $300 due to current use. The NEFFC already benefits from current use; to approve the exemption would be to give them a double benefit. It was noted that the NEFFC conducts no classes in Jackson. No one is denying they are a wonderful organization but they don’t meet the public purpose requirement for an exemption from the town. There was no further discussion. The motion to deny the Exemption Request passed unanimously.
Permission to move Bicentennial Quilt to Town Hall Chairman Davis noted this is a request because the town will be installing the book cases from the old library where the quilt is hanging. There isn’t much wall space and the town hall gets a lot of traffic so more people would see it. Selectman Dougherty thinks this is a wonderful thing to do. Office Administrator Falcey noted the book case is very large; the plan will be to have Tamarack Construction take down the quilt as they are the ones who put it up and we want to make sure it’s done with care; Tamarack Construction will also install the quilt in the town hall; there is already a space where they can put it. The Board is being asked to allow this move to happen; there is no other wall space to accommodate the size of the bookcase.
Selectman Dougherty feels that’s fair as long as it is understood that should they not want the quilt at the town hall anymore it be returned to the Town Offices. Gino is on the Historical Society Board and they want it permanently; this was approved at meeting last night. The Jackson Sewing Club made it and donated it; what is their opinion on this? Office Administrator Falcey spoke with Historical Society representative Warren Schomaker who indicated none of the individuals who made the quilt are still in Jackson to ask; she was informed this is incorrect; she should ask the Jackson Sewing Club. Sarah Clemons is not so sure there are the same members of the Sewing Club around but several members were listed who are still involved. It was wondered if anyone thought they would object to the quilt moving to the town hall; it would be a faux pas to decide to do this without asking them. It was noted that Warren Schomaker paid for the
framing of the quilt for the Historical Society with the intent that when the Historical Society had a home it would be hung there. Warren organized the 2000 Bicentennial and while people may have an opinion the people who made the quilt knew that it was to go to the Historical Society. This satisfies Selectman Dougherty that the quilt is almost certainly a Historical Society item. Selectman Dougherty, seconded by Selectman Allen, made a motion that the Bicentennial Quilt be put in the trust of the Historical Society. The motion passed unanimously.
Town Office Sign Repair James Woodcarving made the sign and they are going to repair and repaint it; it should last for another seven years. Selectman Dougherty, seconded by Selectman Allen made a motion to enter into the Agreement with D James for between $200 and $250. The motion passed unanimously.
Supervisors of the Checklist announces appointment of Martha Benesh as Jackson Town Auditor While Martha Benesh is not in attendance Supervisor Joan Aubrey asked the Selectmen to read her qualifications. Selectman Dougherty, seconded by Selectman Allen, made a motion in accordance with RSA 669:68 and based on the qualifications listed, to appoint Martha Benesh as Town Auditor of one year. Office Administrator Falcey pointed out the Supervisors appoint the auditor and no action by Selectmen is necessary; this is just an announcement.
Public Comment Gino Funicella noted several months ago he was appointed to the Solid Waste Disposal Committee; there was a Committee meeting today regarding the agreement. He wants to know if there is still a committee; he wants to be allowed to attend the meetings as Transferring Waste is what he did. Unless there is a definitive reason why these meetings need to be non-public, they weren’t discussing an employee, Gino feels everything should be on the table. This, just like the one with Ms Lewis, should be above board; the town has spent a lot of money on this and is looking for a declaratory judgment on the Solid Waste Agreement; it’s a mistake not to make this information available. Gino noted that while some of the things discussed about Holly’s property had to be held in executive
session the Board can release the minutes. People get a false idea; let the stuff out there; that prevents behind the back issues. Selectman Dougherty noted in his opinion the Solid Waste Disposal Committee is still in effect and that committee hasn’t met; Bartlett decided they didn’t want to participate with that committee once Jackson filed for the legal judgment. Jackson doesn’t characterize this as a lawsuit while Bartlett characterized this as a lawsuit. Bartlett ceased negotiations regarding the 1984 Agreement. Regarding releasing the minutes; Selectman Dougherty believes this Board is doing a diligent job; they have had thorough discussions as to what should be released and what should not. Regarding the Solid Waste Transfer Station, the Board will come forward with the information when it’s appropriate. The new contract that the Board is discussing has a five year life time; if Jackson reveals the details of
the discussion it may jeopardize the negotiations for the next contract. If we decide to enter into this contract the Board does owe the voters the legal reasons why we entered into it but right now we are negotiating. Regarding Gino’s willingness to participate, Selectman Dougherty noted it is very welcome to have input from someone with technical knowledge. Gino would just like to advise this Board to have very few executive sessions; but his advice is to not belabor it; let the light in as often as you can. Don’t get in the habit of overdoing the executive session, even in our darkest hours we had most of the stuff on the table; at one meeting on December 2, 2008 we put it all out here except things we couldn’t discuss in public. This was a helpful discussion but the meeting minutes were voted to be sealed following a good discussion. If there is no public benefit and if there could be personal harm then that is a good reason
to seal the minutes indefinitely. All hires were made during Public Sessions.
Sarah Clemons noted that regarding the Solid Waste Disposal District, the current agreement that is under litigation; if the Board is discussing a new contract will that come to the voters in March. The Agreement was supposed to be adopted by both towns; and while Selectman Dougherty feels this is important and valid it would be premature to answer her question now.
Patricia Meyers would like to know what one does when you have a residential property and want to change it to commercial, or from commercial to residential; what’s the process. Selectman Dougherty noted under that type of situation it would be a subdivision so it would go through the planning board; however dividing the building into different types of units doesn’t need to go to the planning board as long as one person owns the application.
Non-Public Session pursuant to RSA 91-A:3, II (b): Public employee hire The Board went into Executive Session in accordance with RSA 91-A3, II at 5:46 p.m. to discuss a public employee hire. The Board returned to Public Session at 6:04 p.m. Selectman Dougherty, seconded by Selectman Allen, made a motion to hire Linda Hall-Little as Deputy Town Clerk and Tax Collector. The motion passed unanimously. The Board welcomed Linda to her new position.
The meeting was dissolved by motion at 6:05 p.m.
Respectfully submitted by:
Martha D. Tobin
Recording Secretary
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