Selectmen's minutes May 19
Selectmen’s Board Meeting Minutes
May 19, 2011, 4:00 p.m.
Present: Beatrice Davis, Chairman; Jerry Dougherty IV and John Allen, Selectmen
Visitors: Treasurer Warren Schomaker, Sarah Clemons, Gino Funicella, Police Chief Karl Meyers, Building Inspector Andy Chalmers, Bill Wogisch, Huntley Allan, Frank Benesh, Office Administrator Diane Falcey, Barbara Balfour, Bobbi Meserve, Anne Peterson, Larry Seibert, Holly Lewis, and Patricia Myers
Chairman Davis called the meeting to order at 4:04 pm
A Moment of Silence was observed in honor of David Urey, who recently passed away.
Amend & approve minutes:
Selectmen’s Meeting - May 5, 2011 not available
Non-Public Session #1 - May 5, 2011 not available
Non-Public Session #2 - May 5, 2011
Selectman Dougherty moved, and Selectman Allen seconded to approve the Non-Public Session of May 5, 2011 minutes as written. The motion passed unanimously.
Building Permit Work Session - May 10, 2011
Selectman Dougherty moved, and Selectman Allen seconded to approve the May 10, 2011 Building Permit Work Session Minutes as written. The motion passes unanimously.
Building Permit Business – Andy Chalmers, Building Inspector
Peterson, Ann (Map R16, Lot 14A) 10x20 Shed construction attached to garage
Building Inspector Chalmers has reviewed and recommends approval with a value fee adjustment. Selectman Dougherty moved and Selectman Allen seconded to approve the building permit application with the proposed value fee adjustment. The motion passed unanimously.
Lewkowicz, James & Claire (Map R8, Lot 11C) New garage with mudroom & bedroom; Convert 1st floor bedroom into master bathroom
Building Inspector Chalmers has reviewed and recommends approval. Selectman Dougherty moved and Selectman Allen seconded to approve the building permit application. The motion passed unanimously.
Miller, Benjamin & Martha (Map 17, Lot 8E) New garage with storage area and replace porch
Building Inspector Chalmers has reviewed and recommends approval with a value fee adjustment. Selectman Dougherty moved and Selectman Allen seconded to approve the building permit application with the proposed value fee adjustment. The motion passed unanimously.
Myers, Patricia (Map 10, Lot 7) Building Permit Application
The applicant would like to know what protocol is for her to do a change of use for a portion of her residence if she wants to add a stove. Or is there another protocol to follow. Building Inspector Chalmers told her she was filling the application out correctly. Selectman Dougherty stated that she can have an accessory apartment, it’s a formality. He also stated that having an electrician install the new outlet would trip the need for the permit. Building Inspector Chalmers stated she must have an application before a permit is issued. He also told her that the fee would be $25.00 for an alteration. Patricia wanted to know what she does to change the use from commercial to residential. Building Inspector Chalmers’s reply
was to apply for a permit.
Holly Lewis (Map 8, Lot 30) Driving Pavement
Building Inspector Chalmers stated we have an injunction against Ms. Lewis; sheis barred from doing any work to or on her property. Building Inspector Chalmers explained the 2006 driveway permit was issued by Mr. Fernald, and he is deceased, Gino Funicella was a Selectman at the time the lower driveway was approved, and the upper driveway denied. The Town is waiting for site disturbance questions to be answered. There was discussion regarding whether permits were issued prior to installing one or both driveways. Selectmen Dougherty stated both driveways were in fact approved. Selectman Dougherty feels she should be able to pave the driveway without the Town taking
action. Building Inspector Chalmers feels that we should not allow work until the injunction is cleared up. Selectmen Davis and Allen would like to talk with Engineer Phillips and Attorney Upton before allowing the driveway to be paved and get their position on it. Ms. Lewis spoke and was worried about her bid proposal price running out next week. Former Selectman Funicella stated that if we allow this to go through, we may as well throw out the rules and let everyone do what they want. Mr. Seibert spoke and stated that there was only one Selectman’s signature on the injunction, and Building Inspector Chalmers is the only other signature pushing this to court. (For the public record, town documents include a Petition for Declaratory Judgment, Temporary and Permanent Injunctive Relief and Assessment of Civil Fines and Attorney Fees signed by former Selectmen Chair Dave Mason, Building Inspector Andrew Chalmers and Attorney Robert Upton. Per
minutes of March 18, 2010, majority vote motioned to authorize town attorney to move forward in taking the case to Superior Court; Selectmen Dougherty motioned, seconded by Bea Davis; the motion passed 2-0-1, Selectmen Dougherty abstained. Stipulation for Temporary Orders was filed in Superior Court; signed by former Selectmen Chair Dave Mason, Selectmen Jerry Dougherty and Beatrice Davis and Holly Lewis. Honorable Judge Steven Houran approved and ordered the Stipulation for Temporary Order on July 29, 2010). Building Inspector Chalmers suggested talking with the Town Engineer and take his advice. Ms. Myers would like to have Tyrol looked as well to see if run off from Tyrol is the culprit. She also
questioned whether there were written complaints received by the town and part of the litigation. Barbara Balfour wanted to know if a decision would be made in public session regarding the pavement of the driveway. Frank Benesh is concerned that any action would undermine the Court Injunction. Selectman Davis will speak with Engineer Phillips to get his opinion and let the other Selectmen know his suggestion and also call Attorney Upton to make sure thiswill not hurt the Court Injunction.
Building Permit Application revisions
Building Inspector Chalmers went over the formula to figure out the value fee. Selectman Dougherty is concerned about the people that are “doing their own work”. Building Inspector Chalmers response was: “What would you expect to receive if you sold the property?” This is the question to ask, not what is it costing you to build. The Town has started work on revising the current application. We need to move up the words added at the end. Also, not collect any fees until the application has been reviewed. Strike out fee words on charge section.
Put calculation section above the section underlined in Fee section.
Selectman Dougherty moved to amend the Building Permit Application by combining Residential and Commercial, and to strike the words fees, and insert words on back page above the current Permit Fee section. Selectman Allen seconded and the motion passed unanimously.
Police Chief Report
Police Chief Meyers went over the last 2 weeks activities. Some highlights were 6 false burglar alarms; the Church Assistant had a strange voice mail, turned out to be interpreted wrong; assisted at a fire at 11 Vista Way; returned a lost wallet to it’s rightful owner; three 911 hang-up calls; one was a vacation home neighbor who didn’t recognize people that were there; a call for a cub bear stuck in tree; a minor fender bender in the Post Office parking lot; a dead moose on Carter Notch Rd, people driving by notified PD that a moose was stuck in the mud on the side of Route 16. The moose was freed by amateurs, and went right back in, they tried to free it again and somehow the neck was broken. Selectman Davis said her husband buried it. Threatening, Juvenile petition served; Project Good Morning welfare check; a raccoon
stuck in a bear trap; two court cases, one charged with lying and found guilty and the other, a domestic assault.
Road Agent Report
Selectman Davis read the Road Report submitted by Road Agent Henry. Selectman Davis asked about thoughts on uniforms for highway. Selectman Allen stated that other Towns are doing away with them to save money. Selectman Dougherty thought that Road Agent Henry needs to make the decision, Selectman Dougherty also said that if it raises morale, then go for it, as long as it’s in the budget go ahead.
Board of Adjustment:
a. Dave Mason: regular member appointment (term expires 4/1/2014)
Selectman Dougherty made a motion to appoint Dave Mason as a regulgar member to finish Mr. Urey’s term, Selectman Allen seconded and the motion passes unanimously.
Selectman Dougherty wanted to let people know that he thinks David Urey would be honored to have Dave Mason take the remaining term of his position.
Consider review of Jackson’s Building Code Effectiveness Grade by Insurance Services Office
Dave Mason sent a letter, which Selectman Davis read:
March 23 2011
Board Of Selectmen
Jackson, NH 03846
Dear Board Members:
I am asking that you file a request for review of Jackson’s Building Code Effectiveness Grade (BECG) with the Insurance Services Office. A request may be filed in writing with ISO Regional Processing, Community Hazard Mitigation Center, 48 Eves Drive, Suite 100, Marlton, NJ 08053-3112. After receipt of the request, an ISO representative will contact the town to discuss the process.
Explanation of BCEG
The ISO is an organization, funded by insurance carriers, that accumulates data, provides statistics, formulates actuarially sound rates, formulates rating plans and authors and files policy forms for use in all states. All insurance carriers use some or all of ISO’s services.
For the last twenty years ISO has been engaged in the BCEG program. It began with the realization that good building codes reasonably enforced would result in reduced severity and frequency of property losses. The objective is to segregate communities based on the quality of their building code and the level of enforcement. This results in reduced insurance costs for those communities enforcing codes and promotes code enforcement in other communities by offering no reduction in cost where codes are not enforced.
Towns are assigned a grade of 99 (no or inadequate enforcement) or a grade on a scale of 1-10 with 1 being the best grade. The grade is based on an assessment of the effectiveness of the code being applied and the effectiveness of the enforcement process. When costs are calculated for property insurance policies one of the factors is a discount applied on the basis of the municipality’s grade, if graded between 1 and 10. No factor is applied if the municipality is graded 99.
Jackson’s Status
Jackson’s current BCEG is 10, which provides no credit. This was set in 1996 (a historical indication that Jackson has had a recognizable level of code enforcement going back at least 14 years). Building codes and Jackson’s enforcement process have been significantly improved since 1996 giving every reason to expect that a review of our codes and enforcement process at this time will result in a more favorable grade and translate to direct savings for Jackson residents, property owners and businesses meeting the criteria for credit.
Thank you for your consideration.
Dave Mason
Planning Board Member Larry Seibert stated that the Planning Board may vote down the State Inspections. Selectmen Allen and Davis would like to have the review so that the Town may possibly be able to decrease homeowners and business insurance rates for taxpayers if we achieve a better score than we now have. Selectman Dougherty doesn’t agree.
Selectman Dougherty motioned to have them come in and go over, Selectman Allen seconded and the motion passed unanimously.
Reschedule Selectmen’s June 16th meeting
Move meeting to June 23rd so Office staff and Selectmen can attend the FEMA Flood Map seminar on the 16th. Town Administrator Falcey feels it is important that at least one person attend. Selectman Dougherty is concerned that this date change doesn’t delay Building Permit’s. Selectmen are ok with that.
Barbara Balfour brought out a point that she thought approval of permits had to be in an open meeting. Selectman Dougherty said that the Selectmen could come in and sign them prior, but that they had to be publicly announced at the next meeting.
Intent to Cut Report
a. Garland Lumber (WMNF Than unit #16) 10-231-14
Selectmen approved
b. Great Woods Development Corp (Map V10, Lot 36) 10-231-16
Selectmen approved
Abatement requests from Jeanette Heidmann, Jackson Tax Collector
a. Fennelly, Michael: $18.59 (Map R8, Lot 8)
Selectman Dougherty moved to grant, Selectman Allen seconded and the motion carried unanimously.
b. Glod, David: $19.03 (Map V4, Lot 34-14)
Selectman Dougherty moved to grant, Selectman Allen seconded and the motion carried unanimously
c. Hoyt, Charles $17.84 (Map R12, Lot 114)
Selectman Dougherty moved to grant, Selectman Allen seconded and the motion carried unanimously.
NH Electric Co-op 2011 Candidates:
a. Joan Aubrey
b. Gail Paine
c. Harry Viens
d. Bruce Wigget
Bill Wogisch stated that they are all well qualified. After much discussion, the Selectmen chose to vote for just 2 of the candidates, Joan Aubrey and Gail Pain. Their decision was based on the knowledge of these two candidates, and they had no knowledge of the other two candidates.
Public Comment
Bill Wogisch commented on the Holly Lewis issue. He said we need to resolve our differences between Ms. Lewis and the Town. It appears to have become personal for some, and we need to work through this with her. We need to get this resolved and move on. Selectman Dougherty thanked Selectman Davis for being willing to take the “high road.”
Non-Public Session pursuant to RSA 91-A:3, II (b): Public employee At 5:25 p.m.
Selectmen Dougherty motioned to go into Non Public session to discuss a personnel issue, it was seconded by Selectmen Allen and all were in favor.
The Board returned to Public Session at 5:40 p.m.
Selectman Dougherty, seconded by Selectman Allen, made a motion to adjourn the meeting at 5:40 p.m.
Respectfully Submitted,
Ella Cressy
Office Assistant
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