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Board of Selectmen Minutes -- 03/01/2012
Jackson Selectmen’s Meeting
March 1, 2012

Present:        Beatrice Davis, Chairman; Jerry Dougherty and John Allen, Selectmen

Visitors:       Office Administrator Diane Falcey, Police Chief Karl Meyers, Animal Control Officer Betty Holmes, Jerry Dougherty, Hank Benesh, Bill Duggan, Officer Sean Cowland, Wesley Smith, Jessica Warren (& baby), Gino Funicella,  Bob Thompson, Kathleen Dougherty

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

  • Amend & approve minutes
  • Budget Hearing – February 9, 2012  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the minutes of the February 9, 2012 Budget Hearing.  The motion passed unanimously.  
  • Selectmen’s Meeting – February 16, 2012  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the minutes of February 16, 2012.  The motion passed unanimously.  
  • Non-Public Session #1 – February 16, 2012  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the minutes of February 16, 2012 Non-Public Session #1.  The motion passed unanimously.  
  • Non-Public Session #2 – February 16, 2012  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the minutes of February 16, 2012 Non-Public Session #2.  The motion passed unanimously.  
  • Police Report  Police Chief Karl Meyers reviewed activities since the last meeting.  Some items discussed included:  Officers continue to work on a case where a safe was stolen from a local business and recovered; whoever hacked away at it left blood on it and a State Trooper lifted that to be sent to the State lab; they have interviewed numerous employees; Officers assisted the ambulance with an older gentleman who was vomiting, having chest pains and fainting; there was a motor vehicle accident with a deer; another assist to the ambulance at a hotel where an older gentleman dislocated his hip.  There were two false burglar alarms; a local renter was having problems with the residence’s heating system and Officers assisted him to get someone to come out to fix it; there is a registered sex offender in town and he updated his file which was sent to Concord.  There was a report taken of theft of a jacket from a local Bed & Breakfast; during the night someone grabbed a bunch of coats and took it in error and the jacket was brought back; there was a report of a loose canine; Officers had practice shooting at the range a couple of weeks ago.  The state has posted the weight restrictions on roads.  A 911 call came in from a woman who thought her place was being broken into but it was her dad coming home; another 911 hang up was a misdial.  Officers were called to a local motel for an argument between a guest and staff; the guest left.  There was a vehicle off the road by the Falls; Officers assisted the Fire Department with a fire alarm at a local condominium association; a disabled vehicle was reported on Route 16 that was pushed off to the side.  Officers assisted the ambulance with a 71 year old man who fell in the bathtub; a report was taken of a stolen ski helmet.  There was also a motor vehicle accident on Route 16 by Eagle Mountain Road.  
Selectman Dougherty, seconded by Selectman Allen, made a motion to go into Non-Public Session in accordance with RSA  91-A3 II(a) at 4:09 p.m. to discuss a personnel issue.  

  • Animal Control   
The Board returned to Public Session at 4:30 p.m.

  • Building Permits – Andy Chalmers, Building Inspector
  • Lappin, Leo & Roberta (Map V8, Lot 36B) Rebuild burnt home  Wes Smith is here on behalf of the Lappins who lost their home to a fire; Leo is 98 and Roberta is 92 or 93; Leo asked Wes to get his house rebuilt so the kids can have it.  Leo purchased the property in 1969; he’s asked Wes to reproduce what was there.  Office Administrator Falcey has been very helpful researching what was on the property.  In 1958 a three bedroom house didn’t require a state approved septic system.  There are two lots that will be voluntarily merged into one.   There are a couple of things that come into play; there is a community well that takes up one-hundred-fifty feet in its protective radius; that serves eighteen hook-ups (forty-eight people) so they have a well radius to work with.  The home was built in 1958; they can get a three bedroom house with a septic plan which should go through; but the glitch is that in 1991 the Lappins built a garage and also a one-bedroom apartment above the garage which was not permitted.  Wes is asking the town to consider allowing this; the town has had it on the tax cards as a one-bedroom apartment and garage; it exists today.  All of that is on a one half-acre lot; it had an illegal septic system.  This has to be corrected and they would like to put in a system that would include the one-bedroom apartment.  It was noted the site would then need a four-bedroom septic approval.  Wes asked that the town be on Lappins’ side for this. In 1991 Leo had nothing to do with that garage.  In looking at the town’s regulations regarding accessory apartments the project can meet the criteria; they might need to put in a larger egress but they aren’t sure.  They realize Leo shouldn’t have done it but they are trying to create one lot with an approved septic system and this is all documented; the town has two gray areas that would be cleared up with this application; it makes it a better situation for everybody.  The water supply comes from the community well.  Leo doesn’t own the driveway; he has the two lots and someone else put in the well; the town has no records about this.  Because of the well this is a unique situation; the well encompasses the area and that could take his right away but he has the right and has an accessory apartment there; they are asking that the town continue to allow it.  Selectman Dougherty wants this to be reviewed by Town Engineer Burr Philips to make sure it complies.  Inspector Chalmers noted it would be smart to bring the apartment up to code.  Wes noted if the town approves this then they will bring the accessory apartment up to code.  While there is a land dimensional for the apartment Wes has done the calculation and if they do the lot merger then the lot is bigger.  With Jackson’s regulations they would never be allowed to have the three-bedroom home but the state requirements are lower, Jackson requires six-hundred-ninety feet but the state only requires six-hundred-seventy-five feet; with the voluntary lot merger that adds another one-third acre and eliminates the separate lot.  This should be approved through the state but the Selectmen have to say it’s okay; Leo does have the land to do this by the state regs; he has the right to put the three-bedroom house there but he wants to get the town’s blessing on the accessory apartment so he can get a legal septic system through the state.  This is what Leo is looking for and he would be devastated if he can’t do this.  The road he is on says private way but it’s private because it’s the ROW for Leo over the property and for the well; FX Lyons will have to come in and test this well.  Inspector Chalmers noted it sounds like they need to submit the building permit application and septic design for approval by the town; Wes agreed noting they wanted to talk to the Selectmen first; the apartment was put in in 1991; they are trying to make that okay now.  Selectman Dougherty noted the building permit application has to be submitted first; the Board appreciates Wes coming in to present this  but they can’t consider this until it goes through the process.  Wes understands noting they didn’t want to just submit it and have the Board be blindsided.  If they need to alter this, they want it to work.  The Board is going to have some discussion about how to handle this; it has had the same issue before and the Board is not sure if it handled that the way it was supposed to.  The Board gave conditional approval before it got the septic approval; the Board has to decide how it deals with this; it wants to avoid issues; this should be resolved through discussion.  Wes noted they need the Board’s blessing when this is sent to the state; if the town recognizes this as an accessory apartment that has been there it doesn’t set a precedent.  Selectman Dougherty noted this Board may have to deny the permit and send it to the ZBA but first it has to go through Engineer Philips.  Wes noted they just wanted to show it to the Selectmen tonight and hear their recommendation; they are looking for guidelines and direction.  Selectman Dougherty noted the Board doesn’t know yet; the Board needs to discuss how to proceed and the first step is to have Engineer Philips weigh in on it; then the Board can begin discussions about whether it can approve the permit; Selectman Dougherty doesn’t think the Board will be able to do that; this will most likely go to the ZBA.  Wes asked if there is any compromise and was informed the Board understands this would be a win/win but the way the access apartment regulations are written there is not a way for the Selectmen to go around that.  When asked if there were no accessory apartment would the property qualify for a four-bedroom septic system Wes noted they would only qualify for two bedrooms but given the circumstances he doesn’t believe the Selectmen can’t approve it.  It was noted Wes could get a three-bedroom home without having to go to the ZBA.  Inspector Chalmers noted that is not true; the septic system is over twenty years old and hasn’t been approved by the state; it has to be an approved septic design.  Selectman Dougherty noted that may be exempt from Jackson’s ordinance; he asked that Wes submit the application to the Board and they will get Engineer Philips involved in the conversation; this will come down to how the Selectmen are going to deal with the accessory apartment.  Bill Duggan would like to ask a question, for his own information.  The town has known about and taxed the accessory apartment since 1991; it was inspected, approved and taxed.  The town also taxed Leo on a three-bedroom house since 1969 and he has paid the taxes for all that.  It can be proved the three-bedroom house was there before 1971 but Inspector Chalmers is saying because there is no state approved septic system Leo’s lost all his equity; that’s a hard line.  There is nothing the town can do about the state approval for septic but he thinks the Zoning Ordinance doesn’t apply as the building was there before the Zoning Ordinance went into effect.  The Selectmen have not established a procedure for dealing with accessory apartments that existed, were taxed and known about but against which the town never took any action.  Selectman Dougherty noted this doesn’t change the Selectmen’s ability or authority to cite a violation. Inspector Chalmers noted regardless the state is going to require a septic design and from everything that he’s seeing there would be no problem for a three-bedroom septic.  Wes noted they could have done that but they are trying to clean the problem up.  Selectman Dougherty noted the worst case would be that Leo can build the three-bedroom home and be cited for violating the accessory apartment ordinance; he would have to disconnect the apartment from the septic system and discontinue using it as an accessory apartment; Wes is trying to avoid that.  Selectman Dougherty noted there will be a new Board at March 22nd’s meeting; maybe the new Board should come up with a policy on accessory apartments; it is known Jackson has a lot in town.  Inspector Chalmers noted that as these have been found they’ve been corrected; he’s not sure this has to go to the ZBA; the first step is to get the building permit application and septic design in to Engineer Philips; he will charge them for a review but it won’t be a major expense; Bill Duggan is okay with that fee.  Selectman Dougherty noted it may take a couple of months to resolve this; Wes noted everybody wants to get concrete into the ground but it can’t be done yet; it will take some time to work this out.  Bill noted everything can get snowballed and go around for six months; he is asking the Board to look at this; it’s not hurting the property and the work they are going to do will make it better; in order to do this they need the town of Jackson’s blessing.  Selectman Dougherty noted the Board members as well as Inspector Chalmers and Office Administrator Falcey understand this and will facilitate this process as quickly as they can.  Additionally, it will be difficult to estimate the cost for the building permit fee.  The plan has not been settled on by the family yet.  Inspector Chalmers noted they can get the septic approval without the building permit and no fee will be charged until Jackson knows the application is going to be approved.  
  • Perault, Donald & Anna (Map R8, Lot 10-2) Replace deck floors, rotted siding, drywall, carpet & bath fixtures; and paint rooms    This is complete at this time; Inspector Chalmers recommends that the town grant the building permit application; they have done a bunch of interior work; it’s been fairly busy up there.  Selectman Allen, seconded by Chairman Davis, made a motion to approve the building permit for Perault, Donald & Anna (Map R8, Lot 10-2) to replace deck floors, rotted siding, drywall, carpet & bath fixtures and paint rooms.  The motion passed 2-0-1 (Dougherty abstains).  
  • Ruppel, Robert (Map V7, Lot 123) Install generator  Inspector Chalmers noted this is substantially complete but not hooked up yet; it will not be inspected until it is hooked up.  Selectman Allen, seconded by Chairman Davis, made a motion to approve the building permit for Ruppel, Robert (Map V7, Lot 123) to install a generator.  The motion passed 2-0-1 (Dougherty abstains).
  • Pine Cone Properties-Wyhinny, Patricia (Map R12, Lot 168) Permit extension  This has gone to the ZBA; it’s a fairly slow-moving project; Inspector Chalmers has been up there and talked with Mrs. Wyhinny; they are still roughing this in and he recommends an extension.  Inspector Chalmers is drafting a letter to her; now that they have gutted this they have some state energy codes to meet and she’s acting as the general contractor.  Selectman Allen, seconded by Selectman Dougherty, made a motion to extend the permit for Pine Cone Properties – Wyhinny, Patricia (Map R12, Lot 168).  The motion passed unanimously.   
  • Wildcat Inn & Tavern (Map V9, Lot 13) Ice cream parlor & deck  Inspector Chalmers met with Stew and Dave; they want to put an ice cream shop in one of the front windows in the tavern facing the driveway between the properties.  Inspector Chalmers doesn’t have any issues with the window but this would include a deck extension which is outside the footprint and inside the setback; the Selectmen should deny it on the basis of the setbacks.  This needs to go to the ZBA.  Selectman Dougherty asked if the owners could split the application into two parts with the ice cream window on one and the deck on another because the Board could approve the window but not the deck; Inspector Chalmers stated they could do that.  Selectman Dougherty, seconded by Selectman Allen, made a motion to deny the application based on Section 4.3.2.3, encroachment into the setback.  The motion passed unanimously.    
  • Extend Service of liquor
  • The Wentworth  The Wentworth is requesting, and will apply to the Liquor Commission for permission to serve alcohol to accommodate outdoor wedding receptions between May 1st and September 30th of this year; the town of Jackson doesn’t have any issues with this.  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve extending the Wentworth’s service of liquor to include outdoor wedding receptions between May 1st and September 30th, 2012.  The motion passed unanimously.   
  • Bartlett-Jackson Transfer Station
  • Scrap Metal Agreement  Selectman Dougherty did not speak with Manager Edgerly about this; the Board can either hold it or sign it.  The Board will decide this at its March 22nd meeting and passes over the item.
  • Bartlett Jackson Ambulance  Office Administrator Falcey explained that Sue Gaudette from the Ambulance Service called and is requesting $6,000 to meet payroll; they pay monthly and have no money to pay for it.  They are currently waiting for a Medicare check that’s going to be a big one.  Sue has asked the town of Jackson to pay 40% of the amount ($2400) and has asked Bartlett to pay 60% ($3600); Bartlett will only give Sue $3000 as that’s all they budgeted.  If Jackson pays the $2400 and Bartlett only puts $3000 Sue won’t be able to make her payroll.  If Jackson pays the rest of Bartlett’s portion it will be paying more than its fair share.  Chairman Davis noted Bartlett should meet their obligation.  Jackson has $5,000 for the proposed budget and the Ambulance Service will receive funds to cover their payroll.  Office Administrator Falcey noted Sue is never sure if she’s going to get the funds to cover the payroll; we’ve run into this before.  Last year Jackson gave the Ambulance Service a portion of the $5,000 (she thinks Jackson paid $2400) and Bartlett didn’t pay their 60%; Sue told Office Administrator Falcey that Bartlett is only budgeting $3,000 even though they told her they would give her more.  The Ambulance is used in Bartlett more than in Jackson.  Selectman Dougherty noted one thing doesn’t have anything to do with the other; he would give the Ambulance Service $3,000 to make up the difference if  the Ambulance Service is going to give it back.  Office Administrator Falcey noted if the Service remains $600 short and can’t meet payroll then they risk calls to the Department of labor.  Chairman Davis noted Sue is working very hard on the books; what really gets her is that this always happens with Bartlett.  It happened with the radio tower too; Bartlett boxes Jackson into the position of having to do it because it has to be done.  The Board needs to know if  the Ambulance Service is willing to return the extra portion to make it even for the 60/40 split.  Chairman Davis noted Bartlett also needs to be asked why it won’t pay the $600 now when Sue was told Bartlett would give her more than the $3,000 it has budgeted.  Selectman Dougherty thinks Jackson should give Sue the $2400 of the split and then ask how soon Sue can return the funds from revenue if Jackson pays the additional funds; Jackson also needs to find out what will be done if this happens again; if neither town is budgeting enough money for the Ambulance Service then that needs to be remedied.  While the Board would like to hold Bartlett’s feet to the fire and make Bartlett pay their portion, Sue needs the money now.  Office Assistant Cressy is coming in Friday and will do the checks; it will be available for Sue by Tuesday.  Ideally, Jackson would want Bartlett to pay it but if Sue needs $6,000 for payroll and she only has $5400 then the money is no help at all; she still can’t meet payroll.  It was noted Medicare is taking a longer time to pay claims; Office Administrator Falcey is to ask Sue if this is going to be an ongoing issue.  Jackson could front the extra $600 as a loan to Bartlett but the Selectmen of both towns need to meet; this is no way to run an ambulance that saves lives.    
  • Public Comment  Bob Thompson thanked Chairman Davis for her last six years of service as a selectman.
  • Non-Public Session
The Board went into Non-Public Session in accordance with RSA 91-A3, II(e) at 5:30 p.m. to discuss the Holly Lewis litigation

  • RSA 91A:3 II (e) – Litigation
The Board returned to Public Session at 5:54 p.m.

The Board went into Non-Public Session in accordance with RSA 91-A3, II(e) at 5:54 p.m. to discuss the Transfer Station litigation

  • RSA 91A:3 II (e) – Litigation
The Board returned to Public Session at 6:28 p.m.

Chairman Davis believes Selectman Dougherty and Selectman Allen should sign the agreement and move on; she is not willing to sign it without knowing how Jackson’s employee will be treated.  While her issue is not all worked out, if the other two Selectmen are comfortable that’s all that matters.  Chairman Davis reminded them this is her last meeting and she won’t be here anymore; the document doesn’t require three signatures and there are two Selectmen willing to sign it.  Selectman Dougherty noted if there is nothing fundamentally wrong with the contract then he’s okay with signing it even though things haven’t been worked out regarding Manager Edgerly.  Office Administrator Falcey will call Rob Upton to ask what to do next.  The document has to go to the Attorney General’s office for approval; and that needs to be done before Jackson releases Manager Edgerly as an employee.  Selectman Dougherty noted the agreement doesn’t affect that; this may not go into effect for another couple of months; Manager Edgerly is currently Jackson’s employee and by signing this contract Jackson is not obligated to fire him; it is not a hurdle.  Selectmen Dougherty is concerned the LGC might not be happy about this until Manager Edgerly’s transfer is complete as they carry Jackson’s Workers Compensation Insurance.  Selectman Dougherty, seconded by Selectman Allen, made a motion to sign the contract with Bartlett for operation of the Bartlett Jackson Transfer Station.  The motion passed 2-0-1 (Davis abstains).  

The meeting was adjourned at 6:36 p.m.


Respectfully submitted by:

Martha D. Tobin

Recording Secretary