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Board of Selectmen Minutes -- 07/07/2011
Present:        Beatrice Davis, Chairman; Jerry Dougherty and John Allen, Selectmen

Visitors:       Office Administrator Diane Falcey, Treasurer Warren Schomaker, Police Chief Karl Meyers, Police Officer Sean Cowland, Building Inspector Andrew Chalmers, Kathleen Dougherty, Jerry Dougherty, III, Hank Benesh, Larry Siebert, Patricia Myers, Paul Belluche

The meeting was called to order at 4:03 p.m.

  • Amend & approve minutes
  • Selectmen’s Meeting – June 23, 2011  The minutes of the Selectmen’s meeting of June 23, 2011 were approved as written.
  • Non-Public Session - June 23, 2011  The minutes of the Selectmen’s Non-Public Session of June 23, 2011 were approved as written.  
          
  • Police Chief Report  Chief Meyers reviewed Department activities since the last meeting.  Some items discussed included assistance provided to the Ambulance Service with a woman at a hotel who fell down the stairs; assistance provided to an elderly resident who fell down at home; assistance provided to the fire company with a smoke alarm that went off and also with a person who had a seizure and was passed out on the floor; there were also two false burglar alarms.  A couple of weeks ago the Department had a DWI hearing in Concord; the defense attorney won a plea deal (guilty) and this will save time and money.  Officers assisted a tractor-trailer with an air hose that came loose; a report was taken of a loose canine; in the USNF by Prospect Farm there was a campsite where the occupant(s) burned wooden pallets, left a tent and trash; a week or two later there was a complaint from Garland Lumber about a campsite at the gates where the occupant(s) left a tent and alcohol.  The Department put up a trap camera; the Camp has been occupied but once they clear out the cameras will go back up.  There were around eight fireworks complaints; one location left a mess but they ended up cleaning up the mess the next day.  There was a 911 call from a motel about a vehicle parked by the covered bridge; the caller was advised that 911 was not the proper channel for this.  A woman called about her elderly father; and Officers assisted a second home owner who was stranded up here as well as assisted the Ambulance Service with a subject with back pains going into chest pains.  There was also a call from a motorist whose car had overheated.  The town fireworks went well; there were a lot more cars parked everywhere.  The Department received a broadcast for an erratic operator in the Notch who was located and stopped; there was also a Project Good Morning welfare check.  A gentleman didn’t show up for his court date and the judge issued a warrant so the department rearrested him later that day on the warrant and worked out a deal with him; he will plead guilty to the charges.  A report was taken of a person receiving obscene text messages.  The cruiser is getting outfitted; Monday morning it will be lettered and then Chief Meyers will do an ad for the older cruiser.
  • NH Retirement System  Selectman Dougherty noted the budget passed by the Legislature includes changes to the NHRS; the State is no longer contributing 8.95% of the officer’s salary effective July 1st so the town has to absorb that cost.  The police budget would be the first place to look for the roughly $6500; if the cruiser brings a good enough figure those funds can be used to offset that amount.  It wasn’t budgeted but the town will cover it.  All town employees are going to be contributing more towards their retirement (2.6% for Police and 2% for other employees).
  • Special Detail  Office Administrator Falcey, Chief Meyers and Selectman Dougherty have been trying to come up with a figure for compensation for special details to be offset by the funds that pay for the special detail. Fifty dollars per hour was proposed to hire an officer by an out-of-town vendor; local businesses and events would be charged $30 per hour for an officer.  That means $38/$23 goes to the officer.  The Board has not come up with a rate for the vehicle; Selectman Dougherty would like to put the vehicle rate separate from the officer rate.  Office Administrator Falcey calculated that one hour of idle time is equivalent to driving thirty-five miles; that’s an $8 per hour cost so $10 per hour would be an even charge for the vehicle.  Selectman Allen asked what the IRS rate for mileage is; the rate is fifty-one cents a mile.  He thinks that should be the charge; if one hour of idle time is equivalent to driving thirty-five miles then the vehicle rate should be 35 x 0.51 which equals $17.50; it’s not just gas but should include wear and tear on the vehicle and insurance.  The previous charge had been $5 per hour; if that’s not enough then it needs to be raised without touching the officer’s rate.  Chief Meyers noted the general feeling is $5 doesn’t cover it.  Selectman Dougherty noted Jackson needs to keep its fees competitive and he wants to know how Chief Meyers wants to handle it; if he wants the rate to be lower than $60 per hour then that has to be considered; he wants to keep the officer and the vehicle as two separate parts.  Selectman Allen asked what other towns charge and was informed that rate varies.  Conway has a minimum number of hours, either three or four hours and Jackson doesn’t have a minimum; if they need an Officer for one hour Jackson does it; Jackson’s prices are a little bit above the average but are justified because there’s no minimum.  Chairman Davis asked Chief Meyers to think on this as it’s in his court how he wants to split the costs out.  He needs to decide what he wants the officer’s rate to be and what he wants the overall rate to be.  Chief Meyers wants to table this discussion to the next meeting; it does make sense to have two separate rates; one for the officer and one for the car.
  • Building Permit Business – Andy Chalmers, Building Inspector  Chairman Davis noted there have been some discussions about Building Inspector Chalmers’s qualification to do inspections; he does hold ICC Certification to inspect all aspects.  Selectman Dougherty noted the town inspector can do inspections if the town has adopted more stringent rules than the state; that is separate from what electricians and plumbers have to do to get their license.  Inspector Chalmers holds the proper Certification; the state is comfortable with him doing the inspections.  Selectman Dougherty noted the town isn’t obligated to compensate Inspector Chalmers if he is doing work for the Fire Marshall’s office.  Selectman Dougherty noted he accepts how the town does this; he has made no motions to change how things are being done.    
  • Hooley, James & Veronica (Map V9, Lot 2B) Extend east side deck over porch roof and add small porch to east side egress  Inspector Chalmers asked the builder to split this application into two parts so the owner could get moving on it.  He recommends the Board not grant the application because this is going to further encroach on the setbacks and the builder is aware of that.  Selectman Dougherty, seconded by Selectman Allen, made a motion to deny the application as it violates Section 4.3.1.2 of the town Zoning Ordinance; encroachment on setbacks.  The motion passed unanimously.
  • Hooley, James & Veronica (Map V9, Lot 2B) Replace both east side deck over porch and porch roof  Inspector Chalmers noted this is essentially the same project but this plan stays within the setback.  This plan is recommended and the owners and builder understand what is being allowed with this application.  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the application as recommended by the Building Inspector.  The motion passed unanimously.  
  • Davis, Dudley & Patricia (Map V10, Lot 228) Enclose existing porch; replace mudsill and rim joist    Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the application as recommended by the Building Inspector.  The motion passed unanimously.  
  • Dickey, Kevin & Patricia (Map V1, Lot 44) Reframe porch and main roof; rebuild shed roof and dormers; frame 2nd floor  Inspector Chalmers noted this is the structure in town across from the Fire Department; there have been nine different plan reiterations.  This one is to straighten up the broken roofline; the roof is framed with two-by-fours; it’s a mess; it will increase the volume but our ordinance allows for that when there are code issues; the footprint stays the same.  Office Administrator Falcey asked about the term “shed”; the item should clarify this is the shed roof.  Chairman Davis was also concerned with the term shed.  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the application as recommended by the Building Inspector.  The motion passed unanimously.  
  • Northern Mountain Realty Trust (Map R17, Lot 31-B) Install 45’ communications tower  Inspector Chalmers noted this is the cell tower application; it has been back and forth with the lawyers and now he has everything he needs to review the permit.  There are two hitches; the tower is outside of the prescribed area for telecommunication towers and they have gotten a variance for this.  They need two other waivers; the Zoning Ordinance requires an enclosure around the base of the tower.  The plan is for a monopole and normally those have ladder rungs that go up the pole to allow for service; the first fifteen feet of the rungs will be removed and that will make it more difficult to climb the tower.  The Selectmen have to deal with the Ordinance as it’s written; it’s got to go to the Planning Board for a waiver.  The other waiver is for fall requirements and means another trip to the ZBA.  The pole wouldn’t be falling onto anyone else’s property; there is room but part of the fall area is land used for public recreation.  The waivers would be for 14.5.5 for the fence and 14.5.3 for the fall zone.  The waiver applications have been submitted but the Board can’t grant the application.  Selectman Dougherty noted the Board doesn’t have to deny this; the Board can just ask them to go to the Planning Board or can grant another thirty-day extension.  Chairman Davis asked where the buckle point was if the pole collapsed and Inspector Chalmers noted it is about halfway and that reduces the fall area to 50% but the ZBA has to decide that.  Selectman Dougherty noted that if the wind is high enough to topple the cell tower chances are that people wouldn’t be on the lifts but there are cross-country ski trails there, too.  Selectman Dougherty, seconded by Selectman Allen, made a motion to extend the consideration of the permit for another thirty days to give them an opportunity to go to the Planning Board.  The motion passed unanimously.  A bit later in the meeting Jerry Dougherty, III made a comment regarding this item; he pointed out that the Board gave a thirty day extension and that’s not what they requested. Selectmen Dougherty noted that the Board has the authority to do so and that in this instance it is in the applicants best interest.
  • Myers, Patricia (Map V1, Lot 4) Install cooking range & change space from commercial to residential use     Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the Certificate of Occupancy.  The motion passed unanimously.  
  • Loretta Medeiros, ISO Representative for Building Code Effectiveness Grading Schedule   Inspector Chalmers explained this is the insurance rating for the town; he had a very long discussion with Loretta Medeiros; 1995 was last time this was done and at that time the Selectmen were doing the inspections.  Jackson got the second lowest rating with the lowest rating meaning the town is uninsurable.  Inspector Chalmers has been sent a packet regarding the Building Permit process and this includes Inspector Chalmers’ certifications; he would like permission to fill out the form and meet with Loretta; this would get the town’s insurance rate down; it would change the rate for the whole town and it would move homeowners’ rates too.  Selectman Dougherty knows residents in town are seeing dramatic increases in their homeowner’s policies since Jackson has a volunteer fire department.  Jackson has the worst rating possible now; there’s no reason not to do this.  Inspector Chalmers had an almost hour-long discussion with Loretta regarding Jackson’s process now and having this done could lower rates dramatically.  Selectman Dougherty would like to see something regarding the fire department, too.  Paul Belluche noted a couple of his neighbors whose fire rating went from an eight to a nine and their policy went up three to four-hundred dollars.  Selectman Dougherty does not believe the Town has a legitimate State Building Code enforcement process but regardless of the way Jackson proceeds in the future, completing this should lower the rate and Inspector Chalmers noted the town should do that now before the town does away with the process that is going to save money.  Selectman Dougherty noted HB137 is pending; he noted if passed, it would really legitimize what Jackson is doing.  
        
  • 2008 liens eligible for deeding  The Board was presented with a list of liens held since 2008 that are eligible for deeding July 27, 2011; the Town Clerk is requesting approval (or disapproval) to deed these properties if the property taxes remains unpaid as of noon on July 27th.  It’s possible to hold off on this action to the next meeting because some might pay by then; there’s no reason not to give these folks another two weeks to catch up.  Selectman Dougherty, seconded by Selectman Allen, made a motion to table this decision until the Board’s meeting on July 21, 2011.  The motion passed unanimously.  
  • 2010 Assessment Appeal Review
  • Wing, Walter H. Jr. (Map R31, Lot 9)  Not Recommended  Chairman Davis noted this property owner is appealing their assessment based on a sale on 9/17/10 of property where the views are comparable; the property sold for more than their assessment.  Assessor Jason Call has stated the house is much smaller in the property they are using so it’s not comparable at all; the Wing’s house is much larger.  Selectman Dougherty noted the town separates land value from building value; he wondered if the Wings were asking for an abatement on the land or the building portion.  The appeal was just based on the sale.  Selectman Dougherty noted folks need to be specific on what abatement is being asked for.  Office Administrator Falcey pointed out that typically the sale doesn’t specify what the price is based on but the town separates those out so it can be specified that the request is to abate taxes on which portion.  Selectman Dougherty, seconded by Selectman Allen, made a motion to deny the abatement.  The motion passed unanimously.   
  • Vosburgh, Steven & Gwen (Map R13, Lot 14) Recommended ($40,600.00)  Selectman Dougherty noted that if the Assessor is recommending this then he won’t challenge it.  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the abatement as recommended by the town’s assessor.  The motion passed unanimously.  
  • Cooper, James (Map V9, Lot 27A) Recommended ($12,200.00)  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the abatement as recommended by the town’s assessor.  Patricia Myers asked what the reason was for the request.  The property is the Inn at Thorn Hill and the request is due to poverty and the inability to pay.  The Fire Department and the Sand & Salt Shed are a source of audible noise.  It was noted that most of the activity at the Salt Shed is in winter; the town revised this assessment; the land value was reduced but the building value was increased.  The Inn at Thorn Hill is for sale for three to four million dollars and the revision is recommended based on the fact that the building value went up and the land value went down.  There was no further discussion.  The motion passed unanimously.  (After some discussion on 5 d) Selectman Dougherty, seconded by Selectman Allen, made a motion to withdraw the motion to approve the abatement on Lot 27A.  The motion to withdraw the original motion passed unanimously.
  • Cooper, James & Mary (Map V9, Lot 22) Not Recommended (+$6,100.00)  It was noted the value of the building was increased for new paving; was correctly measured; a fireplace not previously assessed; corrections to the number of plumbing fixtures and the assessor found a new screenedhouse added behind the inn.  Selectman Dougherty, seconded by Selectman Allen, made a motion to deny the abatement.  Larry Siebert asked why there are two different lot numbers and it was explained that there are two separate lots involved.  The value of the building went up because of the screened-in porch.  The Assessor is recommending an increase because they were under assessed.  Selectman Dougherty is concerned as the town has already assessed this property for taxes.  The Assessor not only wants the Board to deny the requested abatement but to also increase the tax by $6,100.  Selectman Dougherty noted the Board has already signed the tax warrant for the year.  This would be retroactive for 2010.  Selectman Allen wondered if the Board can raise this assessment after sending the bills out. Selectman Dougherty wanted to know how much of an abatement is being asked for and was informed the application doesn’t say how much they wanted; it was noted the Board could deny the request on that basis.  Office Administrator Falcey noted if the Board denies this it means they will get the $12,200 reduction from Lot 27A and that’s more of an abatement than is recommended.  The town is not going to say it will tax them less.  When asked what the process is for increasing the tax, Office Administrator Falcey cautioned that the property owner’s application included both properties.  The motion on Lot 27A was to approve the $12,200 reduction.  The Board wondered about rescinding the decision on Lot 27A and to postpone the decision on Lot 22.  Jerry Dougherty III asked for clarification as there are no brackets around the $6,100 on the agenda; is that a reduction?  It was explained the Assessor is asking for an increase of $6,100.  The agenda item isn’t written correctly.  There are two separate properties; one should have nothing to do with the other.  It is inappropriate to say the town will reduce the rate on one lot based on the other; the town has already approved the values for 2011; the Board needs to discuss what process can be used to adjust a tax bill that has already been assessed.  Selectman Dougherty, seconded by Selectman Allen, made a motion to withdraw the motion to deny the abatement on Lot 22.  The motion to withdraw the original motion passed unanimously.  
Selectman Dougherty, seconded by Selectman Allen, made a motion to table discussion on the 2010 Assessment Appeal for Cooper, James (Map V9, Lot 27A) and Cooper, James & Mary (Map V9, Lot 22) until after discussion with Assessor Call.  The motion to table passed unanimously.  Selectman Dougherty doesn’t believe the town should net value two properties; he wondered if, after the assessment is done, the Board can increase the value of the property.  It was noted that according to the LGC that is allowed.  Selectman Allen noted the assessor will know that; the Board will speak with Assessor Call.  

  • Timber Tax Abatement
  • Dinsmore, Stephen & Denise (Map R30, Lot 6) 10-231-17  Office Administrator Falcey noted the original timber tax was incorrectly calculated; the amount needs to be abated because it was given to the tax collector to collect.  This action will void the bill and then correct the amount.  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the Timber Tax Abatement.  The motion passed 2-0-1 (Davis abstains).
  • Timber Tax Levy
  • Dinsmore, Stephen & Denise (Map R30, Lot 6) 10-231-17  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the Timber Tax Levy.  The motion passed 2-0-1 (Davis abstains).
  • Cyr, Robert (Map 14, Lot 5) 10-231-10T  Office Administrator Falcey noted the law requires the town to double the amount because Mr. Cyr didn’t provide his Report of Cut.  DRA went over to the property to look at what was cut and they estimated the cutting and the amount billed is for that amount times two.  Selectman Dougherty asked if the doubling is optional and was informed the doubling is required by statute.  Selectman Dougherty noted Mr. Cyr is going to be very upset by this and will blame the Board.  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the Timber Tax Levy.  The motion passed unanimously.  
  • Intent to Cut Report
  • Dinsmore, Stephen & Denise (Map R30, Lot 6) 11-231-03T  The document was signed.
           
  • Baker Prospect Farm
  • Town of Jackson & Forest Land Improvement Work Agreement  Selectman Dougherty thinks this approval has been done previously; it was only the proposal that was presented; this is the actual agreement.  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the Agreement.  The motion passed unanimously.  The document was signed.



  • Town of Jackson & Garland Lumber Timber Sale Agreement  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the Agreement.  The motion passed unanimously.  The document was signed.
  • State Aid Resurfacing  The Jackson Highway Department wants to use the State Aid Resurfacing funds for shimming around 16B.  Road Agent Henry would like to discuss future reclaiming and would like to hire Pike to do the shimming.  The Board also needs to discuss possibly increasing the budget to keep up with shimming and resurfacing. Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the use of State Aid for Resurfacing and to contract with Pike for that work.  The motion passed 3-0-0.
  • State Education Tax Update  Selectman Dougherty noted Jackson has been informed that it is not going to incur the added expense in March 2012 for the statewide education tax.  The budget has been passed but was not signed by the governor.  The budget extends this another two years until 2013.  Jackson won’t incur the $543,000 until at least 2013 and the hope is to pass a constitutional law doing away with donor town status.   
  • Public Comment  Patricia Myers noted the Jackson Highway Department is working on Tyrol; even though Pike is coming next month there’s a lot of shale up there and she’s concerned it might hit somebody.  Additionally, she would like clarification about Inspector Chalmers certification; she understood it to be said that he is qualified and/or certified to do electrical and plumbing inspections.  Chairman Davis clarified Inspector Chalmers has been certified for quite a while, this is not new.  
  • Non-Public session pursuant to RSA 91-A:3, II (a): Personnel matter
Selectman Dougherty, seconded by Selectman Allen, made a motion to go into Non-Public Session in accordance with RSA 91-A:3, II(a) to discuss a personnel matter at 5:27 p.m.  

The Board returned to Public Session at 5: 41 p.m.















  • Non-Public Session pursuant to RSA 91-A:3, II (e): Bartlett-Jackson Transfer Station Litigation
Selectman Dougherty, seconded by Selectman Allen, made a motion to go into Non-Public Session in accordance with RSA 91-A:3, II(e) to discuss the Bartlett-Jackson Transfer Station Litigation at 5:41 p.m.  

The Board returned to Public Session at 5:55 p.m.

The meeting was dissolved at 5:55 p.m.


Respectfully submitted by:

Martha D. Tobin

Recording Secretary