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Board of Selectmen Minutes -- 08/04/2011

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, Building Inspector Andy Chalmers, Officer Sean Cowland, Martha Benesh, Paul Belluche, Dan Andrews, Joan Aubrey, Roger Aubrey, Roger Chambers, Patricia Myers, Larry Siebert and Donna Schiegoleit.

Chairman Beatrice Davis called the meeting to order at 4:00 p.m.  

Chairman Davis would like to remind all folks to put numbers on their houses.  

  •  Amend & approve minutes:
  • Selectmen’s Meeting – July 21, 2011  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the minutes as amended.  The motion passed unanimously.
         
  • Police Chief Report  Chief Karl Meyers discussed Department activities since the last meeting; some items included a report of a suspicious vehicle; a customer at a restaurant needing assistance with a vehicle and a report being taken at a restaurant of one waitress stealing another waitress’s bill and tip which ended in an arrest for theft.  The new cruiser is in and all decked out; the ‘06 cruiser has been stripped out and an ad should be in the Conway Daily Sun on Friday or Saturday stating the town is accepting sealed bids and those bids will be opened at a Selectmen’s meeting.  There is an estimate from Crest and the Bluebook can be a guideline as well; the Board and Police will work through Office Administrator Falcey to set a minimum bid for the cruiser.  There was an accident with a moose in the Notch; a set of hikers lost their dog which was found the next day and a resident was fingerprinted for employment purposes.  Chief Meyers noted Officer Jette did a fantastic job prosecuting the case against the driver who hit the bridge (he went through the prosecutor’s school); there was a disturbance between a hotel manager and a guest; a fire alarm on Vista Way; two 911 hang-ups that turned out to be kids playing with the phone; a post was taken out at the Transfer Station; the driver was found and will pay restitution; Officers assisted the ambulance with a two year old boy who was having difficulty breathing and also with an elderly man who had difficulty breathing and lost his sight and hearing, too.  A suicide watch was reported; there was a domestic disturbance at an inn that was resolved by one party leaving and the other staying.  The floodlights have been swapped out for LEDs (at the Town Offices); this will provide a brighter light for less electricity.
  • Road Agent Report  Road Agent Henry noted Office Administrator Falcey had asked if the town was still planning to do the bridge at Wilson road; Road Agent Henry believes the Board met on this and the decision is that we are going to do it; the Board agrees that was the decision.  Road Agent Henry was going to have Bill Duggan help with this work but now he’s too busy.  Road Agent Henry has requested prices from LA Drew and Burke (who originally built the bridge); he’s talked to Perry; Tamarack can’t do it but he’s not heard back from anybody else.  Road Agent Henry believes the best route would be to do it ourselves and hire a carpenter to assist.  The town crew did the bridge on Mulloon Road but this one is different; he’s unsure on a few things on it so he’s getting more information; Engineer Phillips has looked at it.  There are no plans or specs.  The information from Bill Duggan was right around $35,000 and the town has that amount in the bridge fund; Road Agent Henry plans to do it in September.  There is nothing new to report about State aid; the town used the funds wisely for its paving.  The State is supposed to do another $20,000 somewhere but as an FYI for the budget season it sounds like the State isn’t going to do it due to budget constraints.  The Board will need to talk about whether the town will keep doing the work without State Aid..  Road Agent Henry noted he doesn’t even know why the town is plowing that road; it belongs to the State and there’s no agreement that can be found in the Office.  Chairman Davis thinks she can find the documents; the State took over the road; Jackson plows it in winter and the State maintained it; then the State wanted to give it back to Jackson and the town said no.  She’ll find out when that happened and will talk to Dee McClave.  Kenney has stated the State can give a road right back to the town even if the town refuses to accept it; Kenny plows West Side Road from River Road to Bartlett and that’s not a State road.  Road Agent Henry will be surprised if Chairman Davis is able to find an agreement.  Road Agent Henry doesn’t think Jackson will have any money from the State next year; there will be no shimming; plowing will be minimal this year.  At Town Meeting a decision needs to be made about what the town is going to do; is it going to keep putting money into this without the State funds.  The Department has been working on paving and roadside mowing.
  • Highway Garage Open House  The Open House will be August 17th from 10 a.m. until 2 p.m.  Don Bilger at Whitney’s Inn has donated food for this; Kathy will make a cake.  The Board has received a letter about a dedication from Phil Davies; Road Agent Henry noted he’ll stay out of that.  The Board will discuss it.    
  • Building Permit Business – Andy Chalmers, Building Inspector
  • Vela, Joseph & Carol (Map V7, Lot 125) Replace existing decks  Inspector Chalmers noted the work on this was started without a permit; once a permit is issued Inspector Chalmers will look at the work.  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the permit for Joseph & Carol Vela (Map V7, Lot 125) as recommended.  The motion passed unanimously.  
  • Ludington, Carol (Map V3, Lot 25) Reconsider installing 4x10 porch  This is a request from the owner to reconsider this application.  Dan Andrews, Donna Schiegoleit and Paul Belluche, representing Eaglebrook Association, joined the Board.  Based on the document sent to Sarah Campbell in 1993, Eagle Mountain East is a cluster and shouldn’t be looked at like other properties; this is a private road and doesn’t extend to Carol’s front porch.  Section 8.3.2 noted there are no internal setbacks in clusters.  Paul Belluche noted in 2008 when Nancy Capozzi’s lot was reviewed it was determined to be a Cluster Zone and the Board of Directors in the development have jurisdiction over what happens; a building permit has to be obtained to build but the Board of Directors have the right to waive setbacks.  Selectman Dougherty noted the issue was encroachment on Cameron Drive; it was clarified the road in discussion is not Cameron Drive.  It was explained that the rules for setbacks apply to the entire parcel.  It was noted that when a site plan is required the State requires setbacks be shown for the lot and the Board of Directors is saying that they are not required to show setbacks; they only need to show those in their bylaws.  Paul noted the Board of Directors did go through the legalities.  Selectman Dougherty noted there are a couple of options; the Board can reverse its decision or they can bring it to the ZBA and they would need to determine that the Selectmen made an error or to waive the setback.  Paul doesn’t think that has to be done; the precedent has already been set.  Selectman Dougherty noted the development has to maintain setbacks from ROWs too; Paul noted that doesn’t change what can be done.  Dan doesn’t think it’s an issue because the application shows the bump out.  As far as Carol going to the ZBA, she wants to get this done; she had vacation plans and was not able to be in attendance tonight.  The Minutes of one of the Selectmen’s Meeting from August 2008 would give the Board an idea of the decision that was made; Selectman Dougherty agreed to look at that; he wants to know if that decision involved a waiver or an administrative overrule.  The requirement was waived; it was proven that a Cluster Zone falls into different rules and regulations.  Selectman Dougherty asked about the ROW; he was informed it’s a common road like a driveway; it has two homes on it and Carol pays to have it plowed.  Paul noted there would be no sense in having a Board of Directors if they have to say no to this.  Selectman Dougherty accepts that it seems silly.  Roger Aubrey asked to join the Board; he noted that once a property is subdivided to form a cluster the setbacks don’t apply; the whole acreage had to meet the setback; that’s what Helene Matesky (former ZBA member) meant in her letter.  When asked if this could be resolved tonight Inspector Chalmers noted he’s fine with this request; this is a four-foot encroachment on a private ROW; the abutters are okay with this so he will go along with it.  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the Building Permit for Carol Ludington (Map V3, Lot 25) as recommended.  The motion passed unanimously.   
  • Eichenburger, Marc (Map R17, Lot 35)  This is another setback issue; this is an existing deck they want to enclose.  The parcel is small, three-tenths of an acre; Inspector Chalmers has walked around trying to find boundaries and they are not clear.  Jackson’s ordinance deals with volume and there is no site plan; Inspector Chalmers wants to be shown where the boundaries are before further action is taken on this request.  Selectman Dougherty, seconded by Selectman Allen, made a motion to extend the Conversion Application for Marc Eichenburger (Map R17, Lot 35) for thirty days.  The motion passed unanimously.  Selectman Dougherty noted the Eichenburger’s got a waiver from the ZBA but Dave Urey and Steve Weeder, members of the Planning Board, had said the intension was not to prevent screened-in porches.  Inspector Chalmers noted he has talked with Steve; the Planning Board didn’t want to discourage repairing; they want to make sure people are able to correct structures to building code without having to go to the ZBA.  The difference here is this application is to enclose the porch into a room which will create living space.
        
  • August 22nd NH DRA Assessing Training  Office Administrator Falcey, Office Assistant Cressey and Selectman Allen are going to a training on August 22nd; the Office would be closed until 1:30 p.m.  The cost is $10 each and they will carpool to the training.  A DRA representative came on Monday to let the Office know about this.  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve closing the Selectmen’s Office until 1:30 p.m. on August 22, 2011.  The motion passed unanimously.  
  • Transfer Station Old Backhoe  Selectman Dougherty noted Transfer Station Manager Jon Edgerly has been saying it’s time to sell the old backhoe for a long time; Jackson had been holding off selling it since the Board thought it would be wrapping up negotiations with Bartlett about the Transfer Station soon.  It’s a hunk of metal that is sitting up there; there’s no reason not to sell it; it would be sold for parts.  If it were to be sold it would go into the joint Bartlett-Jackson fund.  The Bartlett Selectmen are asking how Jackson Selectmen feel about selling it.  There’s not much value there but it’s no use to the town.  Selectman Dougherty, seconded by Selectman Allen, made a motion to authorize the Transfer Station to sell the old backhoe.  The motion passed unanimously.  Office Administrator Falcey will send an e-mail to Brenda and Selectman Dougherty will discuss this with Manager Edgerly to set a price.  
  • Eagle Mountain House – Note of Appreciation (available at Town Office)
  • Public Comment  Patricia Myers asked if she wanted to seek advice on town affairs is she allowed to go to the town attorney and have it billed to the town as a taxpayer.  She was informed that would not be the case.  She asked what the process is to see what Jackson’s legal expenses are on a monthly basis and was informed this is public information.  Selectman Dougherty noted it would be overbearing if people barrage Office Administrator Falcey with requests for details on expenses; he’d ask that folks put an enquiry in.  Patricia noted this is a small town and she heard some previous selectmen went to the town attorney and the town is paying for that.  Selectman Dougherty noted that what would be seen on the record versus the meeting won’t be clarified.  
Patricia noted this is just an opinion and is given with all due respect; she’d like to express concern regarding decorum at the meetings.  When it comes to Public Comment outbursts and yelling should not be projected at the Board.  She heard there was upheaval at the previous meeting and has witnessed it herself.  She noted this nation is spending millions on bullying; and when she sees people going after Board members or someone else in the audience she wonders when the meeting will be asked to come to order.  She wonders how a protocol can be set up to allow for order and respect of the three Board members.  Chairman Davis noted everybody should have courtesy towards one another; Roger Chambers noted that’s what Chairman Davis has the gavel for.  

Chairman Davis is dealing with the State regarding the number of signs on the covered bridge.  Patricia quipped that if the town makes revenue for people going through the stop signs the town should set up a patrol right there.  Chairman Davis is going to be calling Councilor Ray Burton because she’s tried different avenues with no luck; these signs just appear.  It was noted somebody is paying to put those signs up; Paul noted the state is supposed to call the Jackson Police about new signs.  Office Administrator Falcey noted that the DOT just decided to make Conway’s covered bridge one-way without notifying the town; it’s not just Jackson having issues over signs and changes to bridges.  Patricia noted the sign stating there’s a one-lane bridge ahead is so far from the bridge.  The Selectmen would like to see some of these signs removed from the bridge.    

Selectman Dougherty noted the discussion last week that Patricia is talking about didn’t happen during the Public Comment section; it was during a different discussion.  Folks don’t want to attend because they’ve heard there are outbursts.  He noted Chairman Davis is doing a good job; the more we talk about these issues the better it will get.

Paul Belluche asked if the backhoe will be put out for a bid and was informed no decision on this has been made yet; Selectman Dougherty will be meeting with Manager Edgerly to see how he wants to handle it; right now the Boards are just asking if he wants to sell it.

There being no further business the meeting was adjourned at 4:58 p.m.

Respectfully submitted by:

Martha D. Tobin
Recording Secretary