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Board of Selectmen Minutes -- 07/21/2011
Present:  Beatrice Davis, Chairman; Jerry Dougherty IV and John Allen, Selectmen
 
Visitors: Office Administrator Diane Falcey, Police Chief Karl Meyers, Fire Chief/Road Agent Jay Henry, Treasurer Warren Schomaker, Engineer Burr Phillips, Building Inspector Andy Chalmers, Phil Davies, Jerry Dougherty III, Kathleen Dougherty, Hank Benesh, Gino Funicella, Larry Siebert, Holly Lewis, Joe Kopitsky, Paul Belluche, Chris Bailey, Mary Canty; Jeannie Seig, and Peter Malia
 
Chairman Beatrice Davis called the meeting to order at 4:03 p.m.
 
  1.  Amend & approve minutes
 
  1. Selectmen’s Meeting – July 7, 2011  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the minutes of the Selectmen’s Meeting of July 7, 2011.  The motion passed unanimously.
 
  1. Non-Public Session #1 – July 7, 2011 Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the minutes of the Selectmen’s Non-Public Session #1 of July 7, 2011 as amended.  The motion passed unanimously.
 
  1. Non-Public Session #2 – July 7, 2011  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the minutes of the Selectmen’s Non-Public Session #2 of July 7, 2011 as amended.  The motion passed unanimously.
          
  1. Police Chief Report
 
  1. Special Detail  Chief Meyers noted the Department is fine with the Special Detail as presented at the last meeting. 
 
Chief Meyers reviewed Department activities since the last meeting; some items included a call received about a reckless truck that was passed on to the Gorham Police Department; assisting the Ambulance at a residence where the occupant had fallen and was experiencing hip pain and a motor vehicle accident north of the Shannon Door.  The Department assisted the Saugus (MA) police in serving a protection order; an arraignment was held for a DWI charge and the person charged has reached a plea agreement which will save the town money.  Officers were asked to assist with a landlord/tenant dispute however that is a civil matter and doesn’t pertain to the police so it was referred to the sheriff.  A report was also taken of a bear with a cub.  A mountain bike worth $3800 was reported stolen so the Department contacted bike shops in the area and one responded that someone was looking to sell that specific type of bike; the information was given to the Conway Police Department and they detained the person involved and the bike was the missing one.  The person was charged with possession of stolen property and when Chief Meyers interviewed the person who didn’t steal it he gave the Police the name of the person who did and that person was arrested yesterday for the theft; because of the value of the bike this is a felony.  There were several Project Good Morning checks; another accident with a moose in Pinkham Notch; a VIN verification; Officers assisted a driver with a blown tire and are also keeping an eye on several residences while folks are out of town.  Selectman Dougherty asked if the Department charges for VIN verifications and was informed the Department doesn’t charge for them.  Selectman Dougherty noted that another town found they were doing a lot of them and wanted to make a policy regarding charging for the service.  Chief Meyers noted folks already pay taxes and he feels the Police Department can provide things like fingerprinting for employment and VIN verifications as part of their services.
 
  1. Fire Work Safety Reminder  Office Administrator Falcey noted there have been concerns raised by a couple of people about fireworks in the town.  Chief Meyers noted when Officers can find who is letting them off they will identify who the owner of the home is or in whose name the house is rented and then it goes back to them.  There has been a comment that some folks want an ordinance and will be asking the Selectmen to consider outlawing firecrackers.  Selectman Dougherty noted last year discussion was had with Fire Chief Henry and Chief Meyers and neither thought the Selectmen needed to do something at this point but are willing to talk about putting it on the warrant.  Folks can always circulate a petition and the Board could support it or not.
 
  1. Highway Road Agent  Road Agent Henry noted that when it comes to maintenance of      town property he’s noticed a trend; the Department is gaining more maintenance; he wants the Board to know the more the Department does the more it will cost; he doesn’t have a problem doing it.  Last year it was cemetery stuff; now they are mowing and shoveling the Library; there’s more stuff along the river banks by the Historical Society and the Falls and now there are upgrades to the Grays’ Inn property and he foresees the Department will be doing the maintenance out there, too.  It all costs money.  Selectman Dougherty believes anything more that is added will add money to the budget.  Larry Siebert suggested the Selectmen sit down with the Conservation Commission and Road Agent Henry to define where we are at regarding easements and ROWs; the Conservation Commission would do more if they knew what their role would be.  Chairman Davis pointed out that the Georgia Wentworth Fund pays for mowing between the former library building and the Falls.  Road Agent Henry noted the town doesn’t own the property at the gazebo but is mowing it; he’s concerned about what would happen if someone gets hurt.  Phil Davies noted Fritz agreed to mow that area; he put the gazebo into that area; it’s possible that’s part of the Wentworth Townhouses Condo Association but it’s not the town’s; Fritz’s guests use it more than anybody.  The other concern is that the Georgia Wentworth Fund isn’t earning what it was so if that fund continues to be spent there won’t be any funds left.  Road Agent Henry asked why the snow roller ended up where it is and Phil noted it was done for historical reasons; there are signs there about where the bridge used to be and the area where the library used to be so it seemed like a reasonable place to put it.  If the snow roller itself needs maintenance the Historical Society would do that.  Treasurer Schomaker noted the metal skeleton of the snow roller sat at that location for over fifty years; it seemed like it found a home there.  Pike is supposed to be here Monday morning; Tyrol will be done next week.  Road Agent Henry would like to discuss the Scenic Road Policy.  He met with Ann Bennett and she explained how she perceives the policy; Road Agent Henry was able to describe his need to do maintenance on Scenic Roads.  He would like to not have to go through this every time he does maintenance on the Scenic Roads; everybody was up in arms; they were unhappy because he cleaned the ditches out.  He agreed that the guys did a few things they shouldn’t have such as putting rocks up on the bank and there were some trees that got shoved into the woods that shouldn’t have; but he did his job; he had to ditch it and they had to put the rocks and trees somewhere.  Folks brought up the Scenic Road policy and he had to tell them that in order to do a proper ditch to keep the road nice and not disturb anything then we’ll end up with a one-way road or a decision can be made that there won’t be any maintenance.  Road Agent noted apparently Dundee Road is a Registered Scenic Road in the State of NH; he’d like to know if the state guidelines are different from the town’s ordinance.  Chairman Davis will check on this.  Selectman Dougherty noted Road Agent Henry did a good job and resolved the problem.  The Board needs to determine what it wants to invest in the fire pond at Eaglebrook.  There was a concession to split the cost with the residents and the town; Paul Belluche noted to drain it would be fine; Eaglebrook has hired someone to dredge it and to pile the stuff off to the side; residents of the development can take it or the town could haul it away.  Road Agent Henry  noted if Eaglebrook wants the Department to move that the only way he’d do it would be when it’s wet; if it’s piled up and left to dry then he won’t be able to move it;  the best way to remove it is to load it and haul it off as it’s dredged.  Paul noted folks were concerned about making a mess in the road but Road Agent Henry noted that’s better than having the pile harden.  Paul noted any costs associated with removing the silt pile would be Eaglebrook’s expense.  Road Agent Henry is willing to truck it off but he recommends to haul it as it’s being dug; if someone wants that material for their yard they can request that it be dumped in their yard.  Road Agent Henry was asked to remain for discussion on the next agenda item as well as Holly Lewis’s permit.  Road Agent Henry noted that he will be checking the streetlights when they have the next Fire Department meeting; there are a bunch of them out.    
 
  1. Site Disturbance – Clarification of  “increased run-off”  Engineer Phillips noted he is asking for clarification of the term “increased run-off” because of a larger project he’s reviewing.  Most times it is interpreted as volume per time flow rate.  The only way to control runoff is to put it back in the ground; sand is great; glacial rock is not.  Engineer Phillips reviewed the Steep Slope Ordinance which was simplified to the current wording to prevent increased run-off.  A flow rate is the recommended way to go.  Road Agent Henry noted this needs to go back to the drawing board; it’s so vague; the first one was too difficult but now it’s too simple and vague you can’t do anything without a plan.  This makes it difficult for folks to do what’s necessary whether he’s speaking as Road Agent or as a private contractor; does the work need a plan; is it on a napkin or is it engineered; this needs to be rewritten soon; it’s an issue.  The Planning Board is in the process of reviewing it to make it better.  It’s the Planning Board’s job to figure it out but the Selectmen have to enforce it the way it is and that’s foolish since the Board doesn’t know what it’s asking for.  It was pointed out that there are guidelines referenced so there is some information provided but the Planning Board has to fix it.  Jerry Dougherty, III asked Engineer Phillips if he sees a submittal requirement in the ordinance and Engineer Phillips noted he does if the project is large.  Jerry wants to know where the authorization is for requiring that submittal.  It was noted the authorization is in the ordinance.  The guidelines state that if the project is over a certain number of feet then a plan has to be submitted.  The ordinance is not helping anyone in town the way it’s written; Jackson existed as a town for over a hundred years with no ordinance and no problems; the problems started when the ordinance was adopted.  Engineer Phillips noted he helped on the original draft with a lot of detail then it was streamlined.  This was developed to address Tyrol/North Hampshire Ridge where they were building big houses on small lots and dumping a lot of water; it was a steep slope protection ordinance.  Selectman Dougherty doesn’t know how to enforce this.  Engineer Phillips thinks everyone agrees with that but believes the only thing that can be done is to make a reasonable interpretation based on the guidelines and based on the premise of the original document.  Selectman Dougherty disagrees with this noting the voters didn’t pass that in 2009.  Chairman Davis noted the Board must enforce the ordinance the best way it can; it can’t just be ignored.  Selectman Dougherty feels the guidelines are there as a “good neighbor” measure and that’s as involved as the Board should be.  Road Agent Henry noted he’s tried to stay out of Holly Lewis’s issue but when Holly did the excavating it was done long before the ordinance went into effect; Engineer Phillips noted he’s not saying Holly has to comply with today’s regulation but he is asking to have the drive pitched away to keep the sand out of the road and to keep runoff from icing up.  Road Agent Henry noted there’s no way to solve this in a mountain community.  Gino Funicella noted that at the meeting of the Planning Board, Selectman Dougherty said he wanted to get rid of this ordinance; the Planning Board took a vote at that meeting that they wanted to stay with the ordinance as written.  Selectman Dougherty noted Gino is basically correct; he asked the Planning Board to reconsider adopting the original version of the ordinance; concerning the current ordinance that we have, we are better off not having it at all.  There was outrage from both Gino and Dave (Mason) that the ordinance wasn’t affecting adversely anybody and that was not true for everyone.  The Board is requiring Holly to have an approved site plan; she did the work before there was a Site Disturbance ordinance; Holly is being cooperative and trying to work her way through it.  Jerry Dougherty, III noted Gino misrepresented the Planning Board’s action; the Planning Board had offered an amendment from Betsey Harding; Gino then came to the next meeting and objected to that; Gino argued against the amendment; Dave and Gino more or less bullied the Planning Board.  Gino noted he went to only one meeting; there was no bullying; he was asking a question as a taxpayer.  The Planning Board made a decision to keep the ordinance as written and Selectman Dougherty wants to take it down to write a new one.  Chairman Davis noted changes to the ordinance have to go to the voters.  This Board has been asked to set an interpretation and has done so as flow rate. 
 
Holly Lewis thanked Road Agent Henry for his comments; she’d like to know if Engineer Phillips understands that the water going into the road and freezing travels from above her house.  Engineer Phillips understands this and noted that because of the grading of the driveway Holly’s project created a new problem that wasn’t there before.  Road Agent Henry noted from Profile Rock to Tin Mine Conservation water just pumps out of there during a heavy rain; one house isn’t going to create the issue.  Engineer Phillips noted he has been up there and seen large amounts of sediment going out into the road from that driveway.  Holly wants to know if the ordinance is enforced equally.  Engineer Phillips noted if there is no site disturbance then plans won’t be reviewed for site disturbance.  Selectman Dougherty pointed out that Engineer Phillips provides the technical knowledge.  When asked why Holly was asked to provide a site disturbance plan it was noted the Board   was under the impression that more site disturbance was to be done.  Road Agent Henry understands that would be required if she were going to do work now but he keeps hearing about erosion from work that was done in 2005.    
     
  1. Building Permit Business – Andy Chalmers, Building Inspector
 
  1. Bailey, Chris & Jennifer (Map V3, Lot 37) 27x27 Finished basement-family room  Inspector Chalmers noted this is recommended with the amended fee.  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the permit as recommended.  The motion passed unanimously.    
 
  1. Crane, Todd M., Virginia Crane, & James Crane (Map V10, Lot 211)  Inspector Chalmers noted this is a home they’ve been working on for many years; he has been invited in to inspect every phase and he recommends approval. Selectman Dougherty, seconded by Selectman Allen, made a motion to extend the Building Permit as recommended.  The motion passed.   
 
Vela, Joseph & Carol (Map V7, Lot 125)  Inspector Chalmers noted this is a case of work being done without a Permit; the work is substantial; he contacted the builder and all work needs to stop until the permit is approved.  This fellow is very aware of the building permit process.  Selectman Allen asked if this happens often and was informed it happens more often than thought.
 
  1. Lewis, Holly (Map V8, Lot 30)  Selectman Dougherty noted he’s met with Holly and would like to mediate tonight’s discussion.  The Board was okay with all aspects of the application except for the site disturbance plan.  A building permit was not approved; a written dialog was submitted from Holly of what occurred and that no more site disturbance was being done.  A plan was submitted that Holly was told doesn’t provide the information.  After the Public Hearing it was agreed that the Board would consider her application if she presents the site disturbance plan; Holly provided a plan that Engineer Phillips reviewed and he has submitted a letter of what would be required on the current site disturbance plan to make it approvable from his point.  Selectman Dougherty noted he will go through the letter but this is only Engineer Phillips recommendations; the Board will need to decide if it will accept what Holly submitted or if it will only accept a plan that meets Engineer Phillips recommendations. 
 
There is a recommendation that the landowner provide a release so that the town will not be held responsible if it’s unable to provide emergency services due to severe weather.  Engineer Phillips wondered if the town is authorizing the Building Permit would it be obligated to provide emergency services to the location.  Road Agent Henry agreed it would be difficult but so are two hundred other driveways in Jackson; there’s no reason to discuss this; there are worse driveways than Holly’s.  Selectman Dougherty noted it’s valid to discuss it; Engineer Phillips is offering good technical advice.  Chris Bailey asked if Holly was getting an extension and was informed her application was for a new Building Permit Application.  Chris asked how Holly’s item is different from Crane’s application that was just approved.  Inspector Chalmers noted that property has been well reviewed and passed required inspections.  Selectman Dougherty noted the Board is faced with an ordinance that doesn’t work very well and is trying to make it work.  Road Agent Henry would like to point out that the Loynd’s will be just as difficult to get up as Holly’s is; it’s not as steep but is just as difficult.  It is the consensus of the Board that they are not going to require a release regarding emergency access from Holly. 
 
Engineer Phillips would like to see a three foot shoulder; the Board has a recommendation from its Road Agent that there’s no way to get three feet.  The Board would accept a plan to make the upper driveway match the lower driveway.  Engineer Phillips noted three feet is a typical shoulder for roads like Holly’s but if Road Agent Henry is okay with it; he’s ok with it.  Holly noted she’s willing to do the work that’s required but she can’t commit to something she can’t do; she hired Road Agent Henry because she wants to understand what is being required and he says he can make the driveway work. 
 
Regarding the stone-lined ditch around the edge of the driveway, language is added stating the ditches are to be 12” deep to divert water.  The Elevation points are needed as the grades weren’t done correctly.  Area 1 will have a seed mixture/mulch added; area 2 is causing no significant runoff.  The deal-breaker may be the recommendation that erosion control fabric be used; this is an area that was established well before the ordinance; that’s about as good as it gets.  Holly has agreed to buy the seed and distribute it but she doesn’t want to do the erosion control fabric.  Engineer Phillips noted that area still hasn’t had vegetation up there so he thought since it’s not working he recommends rolling out some erosion control fabric and that would improve getting vegetation to grow there.  Selectman Dougherty noted the Board is trying to apply this to property that was excavated in 2005; there are no visible problems with this so there’s no reason to require the fabric at this time.  Holly noted she never tried to seed it; she purchased small shrubs like juniper and in between them there is visible dirt.  Engineer Phillips was concerned about the right side of the upper driveway and in back of the house where a steep embankment was cut to put the house in.  It was noted there are no issues there but even if that erodes, every square inch of the foundation was filled with stone.  On the right side of the house some of the jute fabric would be good there; it’s not unreasonable to have vegetation growing on an area that is cleared.  Road Agent Henry noted we’re talking about something done before the ordinance went into effect; he doesn’t see how the Board can go back on work already done.  Engineer Phillips letter is based on today’s standards.  There isn’t any concern in the back area but Holly will do the side and agreed to apply fabric for areas that are bare.  Area 3 says to install basins or sumps; this means create something that will capture the runoff; a yard ring is okay.  Area 4 shows substantial water flow from the property above and slope stabilization should mitigate that.  Road Agent Henry noted that would only be an issue when we get four inches of rain in January and the ground is frozen; given the rarity of this the Board agrees that isn’t necessary.  The final recommendation calls for all areas to be reseeded and mulched; at least 85% of the property is vegetated.  It’s an area that was disturbed in 2005.  Engineer Phillips noted it’s reasonable to require vegetation; this has already been seeded and it didn’t work.  Holly previously noted she had not tried seeding the area.  The Board agrees to strike the last recommendation.  Selectman Dougherty, seconded by Selectman Allen, made a motion to accept the Site Disturbance plan as amended.  The motion passed unanimously. 
 
Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the Building Permit for Holly Lewis, Map V8, Lot 30.  The motion passed unanimously.   
 
Holly asked if the total fee was $125 and Office Administrator Falcey noted there are two fees, the value fee is $125 based on a $50,000.00 and $75 for the application fee.  Selectman Dougherty noted that at the meeting yesterday it was agreed Holly had already paid $75 and owed only $50.  Office Administrator Falcey noted an error had been made and all applicants are required to pay $75 for the application fee; Selectman Dougherty noted that may be true but that was not what was discussed at the meeting with Holly.  Chairman Davis noted it was her belief Holly owed $125 for the value but Selectman Dougherty noted the two attorneys involved would disagree.  Given that $75 is what everybody pays for the application fee, would Holly be willing to pay $125 for the value fee based on $50,000.00; Holly noted she wants to be clear on this.  Many times throughout this process things have been agreed upon then changed; it was a relief that it was agreed upon at the previous meeting and then to have it changed today bothers her.  Holly doesn’t expect any special privilege and will pay the $125 based on the value with the previous $75 payment being for the application.
 
Selectman Dougherty noted this is a lay-person board; as a Board we do the best that we can and would be unable to do that without professionals like Office Administrator Falcey, Road Agent Henry, Inspector Chalmers, Engineer Phillips performing the work they do.  All of them do a tremendous job for the town at a tremendous value.
 
  1. Town Counsel   Peter Malia was asked to join the Board; he is being interviewed for the position of Town Counsel.  Peter started with Hastings law in 1996; prior to that he worked in the Maine Attorney General’s office as a prosecutor; he’s been Town Counsel for Conway since the fall of 1996; Lincoln for three to four years; he provides counsel for the Freedom Zoning Board of Adjustment.  He also provides counsel for Fryeburg, Stoneham and Stow in Maine.  NH municipal law is his specialty.  Peter’s fee is $150 per hour for all work; he normally bills at $190 an hour so there is a break there.  This fee is door-to-door; there is no additional mileage expense nor is there a minimum charge (0.1 is the lowest amount).  Peter was asked if he had any questions; he had none.  He noted it is a pleasure to be here and would love to represent Jackson.  He knows the current Town Counsel who has a good reputation in New Hampshire however, Peter would be happy to be considered if the Board is ready to change.  Selectman Dougherty, seconded by Selectman Allen, made a motion to adopt Peter Malia as Town Counsel.  The motion passed unanimously.  Peter noted he doesn’t have a fee agreement for the towns he works with; it’s just work-at-will.  Selectman Dougherty noted one of the things the Board traditionally uses Counsel for is to review zoning ordinances for the Annual meeting; there will be several coming up and the Selectmen and the Planning Board need to get together to decide how to address policy. 
 
  1. 2008 liens eligible for deeding  This was tabled at the last meeting; folks have until July 27th to pay the outstanding tax.  Selectman Dougherty, seconded by Selectman Allen, made a motion to deed the properties as presented from the eligible 2008 liens.  The motion passed unanimously. 
 
  1. 2010 Assessment Appeal Review
 
  1. Cooper, James (Map V9, Lot 27A)  Recommended Decrease ($12,200.00)
                   
  1. Cooper, James & Mary (Map V9, Lot 22) Recommended Increase $6,100.00
 
Selectman Dougherty, seconded by Selectman Allen, made a motion to abate the 2010 taxes for James & Mary Cooper in the amount of $6,100.  Selectman Dougherty noted the proper way to handle this is the net effect of the two properties.  In retrospect he understands the town is not reassessing the property; the net assessment can change as long as there’s an abatement; the town couldn’t tax them more based on the net of the two properties.  Larry Siebert asked if anyone had an opportunity to speak with Assessor Jason Call and the Coopers and Selectman Dougherty noted he spoke with Jason but not the Coopers; this has been confirmed through the LGC.  Office Administrator Falcey wants folks to be clear that the Coopers have not paid their taxes so there is no reimbursement due at this time; the motion is reducing the assessement of one parcel by $12,200; and increasing the other by $6100 with a net difference that they are paying $6100.00 less on their assessment value.  There was no further discussion.  The motion passed unanimously.
 
  1. Timber Tax Levy
 
  1. Cyr, Robert (Map 14, Lot 5) 10-231-10T - Revised Per Loggers Report  Selectman Dougherty, seconded by Chairman Davis, made a motion to accept the revised timber tax levy.  The motion passed unanimously. 
 
  1. Parade Permit Application  This is a request from the Jackson Chamber of Commerce for the Covered Bridge Dance on August 6th from 5:30 p.m. to midnight.  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the Parade Permit.  The motion passed unanimously. 
 
  1. Proposal for preventative maintenance for HVAC equipment  This is a proposal for preventative maintenance agreement for the Town Office building from American Air Systems Inc.  Another company was contacted for a proposal but didn’t return back the phone call. This is the same company that did the work for the Library.  Office Administrator Falcey noted the other day the Town Offices didn’t have any air conditioning and American Air came right away; their prices were reasonable.  Selectman Dougherty noted the school contracts with American Air and is very pleased.  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the HVAC contract with American Air.  The motion passed unanimously. 
 
  1. DRA – Reimbursement from the National Forest  Selectman Dougherty, seconded by Selectman Allen, made a motion to accept the reimbursement from the National Forest.  The motion passed unanimously.
 
  1. Letter from The Inn at Thorn Hill  The letter was read into the record (available at town offices).  Selectman Dougherty noted the thank you needs to go to Eastern Green; he will write a letter and submit it to the Board for approval. 
 
  1. ISO Insurance Letter  (available at town offices)
 
  1. Public Comment  Holly Lewis would like to publicly thank this Board for resolving an issue that’s been on-going for three and a half years.
 
The meeting was dissolved at 6:29 p.m.
 
 
Respectfully submitted by:
Martha D. Tobin
Recording Secretary