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Board of Selectmen Minutes -- 04/26/2012
Selectmen’s Board Meeting
April 26, 2012

Present:  Jerry Dougherty IV, Chairman, John Allen and Bob Thompson, Selectmen

Visitors:  Office Administrator Diane Falcey, Police Chief Karl Meyers, Treasurer Warren Schomaker, Building Inspector Andrew Chalmers, Town Clerk Jeannette Heidmann, Mary Canty, Beatrice Davis, Joan Aubrey, Gino Funicella, Frank Benesh, Hank Benesh, Bill Wogisch

  • Amend & approve minutes
  • Selectmen’s Meeting – April 5, 2012  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the Public Session Minutes of April 5, 2012.  The motion passed unanimously.  
  • Non-Public Session #1 – April 5, 2012  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the Non-Public Session #1 Minutes of April 5, 2012.  The motion passed unanimously.  
  • Non-Public Session #2 – April 5, 2012  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the Non-Public Session #2 Minutes of April 5, 2012.  The motion passed unanimously.  
  • Public Comment  Gino Funicella has several questions he’d like answered, which the Board can answer at a future meeting should the answers not be readily available tonight.  How much has the Holly Lewis case cost the town so far?  Does the town have a contract at the Bartlett Jackson Transfer Station because the split that was agreed upon was 75/25 and that has not gone into effect; he’d also like to know what the legal fees are on this negotiation.  What was the resolution to the employee complaint against Selectman Dougherty as the open Minutes of one of the closed sessions states that the results would be forwarded to the town when the case was finalized.  Gino also noted that when he was on the Board they didn’t have very many executive sessions but the Board is having a lot of them now; he’d like to know when the legal issue ends.  If there’s no problem at the Transfer Station the Board shouldn’t be having executive sessions; regarding the Holly Lewis case, unless there is some litigation happening there shouldn’t be executive session discussions about this; the people want to know what is going on.  Gino noted he is making no accusations; he is just trying to find out what’s going on.  Chairman Dougherty doesn’t know off-hand the legal fees for either Holly Lewis or the Transfer Station as some of those legal fees would have been incurred for different things that happened; he can come close to doing that and will let people know.  Regarding the Transfer Station, an Agreement has been executed and approved by the Attorney General; the Selectmen haven’t put it in place as they haven’t had time to sit down with Bartlett to finalize it.  The basic difference will be the change to a 75/25 split and they still need to figure out how last year will be split.  The plan was to talk about this under Board Policy (agenda item #5).  Regarding the number of Non-Public Sessions; there are reasons why this Board goes into Non-Public Session and the Selectmen consider them to be legitimate reasons; the Selectmen can’t control what comes to the Board for Non-Public discussion.  If Gino has a particular issue with a particular Non-Public discussion he has an avenue to pursue; the Selectmen have been advised by their Attorney not to comment on the employee grievance case.  Gino noted if the Selectmen are dealing with an attorney about something that will cost the town a lot of money; he feels some of that stuff should be public; people are beginning to wonder what is going on in the town.  Selectman Thompson noted this is his third meeting so this is all new to him and he can tell Gino the Non-Public Sessions have all been appropriate.  Gino noted he’s not talking about it being inappropriate to have them; he’s talking about the town finding out about the results.  He noted in the Holly Lewis case the fine was supposed to be around $200 per day; Chairman Dougherty noted that’s not true.  Gino noted she was operating without a permit and asked what the correct amount is.  Chairman Dougherty is not going to discuss this in Public Comments; if Gino is wondering about what the fines are and how they work that’s a valid topic for discussion.  Gino noted the Holly Lewis case has been hanging over Jackson for two years.  Selectman Thompson noted just because the Selectmen are required to meet in Non-Public Session doesn’t mean they are going to keep that information from the public.  Gino hopes the town will find out the total ramifications; the town has spent a lot of money in court and if someone can flaunt the law with no penalty what is to stop anyone else from doing so.  Beatrice Davis noted she read in the Minutes of the April 5, 2012 meeting that the town will be hiring an Animal Control Officer (ACO); Jackson is a town of only eight-hundred-sixteen; there are three full-time policemen and a part-time officer; she thought it was settled that the police would use Betty Holmes.  Albany uses the Sheriff Department for their police force; Jackson is a small town and shouldn’t hire an ACO just for Jackson.  Chairman Dougherty noted Jackson currently has an ACO in Betty.  Bea noted by bringing in someone else the town will be providing training, uniform costs, a seal for the car, gas mileage and she can see a vehicle coming down the pike.  Chairman Dougherty reiterated Jackson currently has an ACO; the only thing being discussed at the meeting was who would oversee the ACO and Police Chief Meyers brought forth a job description; who will be the ACO will be discussed under the Police Report; he believes Bea will understand more after the Police Report.  There were no further comments.
  • Police Report  Chief Meyers reviewed activities since last week’s meeting; some items included a dog bite call; a young girl was bitten; this was an older dog and the owners weren’t fully capable of caring for the dog so it was euthanized.  There are three closed businesses the Officers are keeping an eye on them.  A concerned citizen called regarding someone feeding bears; the warden spoke to the subject and the person agreed not to feed them.  Jackson went to court and won a case of receiving stolen property; Officers assisted the Fire Department with a false fire alarm and also assisted the Ambulance with an elderly lady who fell and was on the floor a good portion of the night.  A gentleman applied for a silencer so the Department fingerprinted him for that.  Chief Meyers and Officer Cowland went to Chief Maloney’s funeral in Greenland; it was an amazing display of support.  Officers took two complaints of people shining lights in the window at night; the Department has three trail cameras out; nothing appeared tampered with or broken into.  A report of criminal mischief was taken about a good-sized rock being thrown through a window; nothing was stolen and no one went inside.  There was also a report of a camp being broken into.  Officers took a call around 5 a.m. for a subject lying in the road in the Notch; upon arrival Officers found the driver passed out in his truck; he was arrested for drunk driving and littering; this charge may be upgraded.  Officers were called out for an injured moose in the Notch but it was gone on arrival.  Efforts continue with assisting the Town Clerk with cars being registered here but housed elsewhere.  
Regarding the ACO Selectman Allen believes it would be more appropriate for the Police Department to oversee this person, whoever fills that position; Selectman Thompson agrees; Chairman Dougherty concurs.  The Board feels it just needs to set this as policy rather than making a motion to make it official.  There is a budget of $500 for the year for that position, as there has been for years; the plan would be to transfer the money and responsibility from Betty Holmes.  Nothing is changing about how the job is done.  Bea wondered if the town runs out of money would it then be okay for the Police to deal with the dog; she’s concerned that the Selectmen are going to employ their own ACO.  Chairman Dougherty noted this is not an employee; it’s a per diem position; it’s the same way the position is held now; this is not changing at all; Bea is worried about it growing bigger than it is because the town had to hire Martha; Chairman Dougherty noted Martha doesn’t get to choose when she shows up.  Bea asked if Betty Holmes is currently an employee of Jackson and Office Administrator Falcey noted Betty should be because she comes in when she is called.  Chairman Dougherty pointed out she only does so when she can; he really doesn’t understand the concern there.  Bea noted Jackson has had Betty as its ACO for a number of years but that was before Jackson had three full-time policemen.  Betty’s rate per call is $20; Gino asked if there is an established fine and Chief Meyers noted there is but he would have to look it up.  Gino noted if Jackson were to fine the violator that could ameliorate the problem.  Chief Meyers only issues a fine when the violations become an issue.  The Board is not talking about increasing the budget or increasing what the ACO does.  Bea noted the person who is anticipated to take this position is already being trained.  Selectman Thompson is the liaison for the Police Department and suggested this be put on the agenda for the next meeting.  Chairman Dougherty noted he is not tone-deaf to Bea’s concerns; the Board will stay on top of it.  

  • Building Permits – Andy Chalmers, Building Inspector
  • Town of Jackson (Map V2, Lot 39)  Reconsider second egress for Town Hall  Town Treasurer Warren Schomaker provided photographs of the Town Hall building with the original fire escapes; the Board spent time on it at the last meeting and was stuck where the Selectmen couldn’t move forward so by denying it the Board moved it to the ZBA.  What has changed since then is that Building Inspector Chalmers thinks it is appropriate to issue the permit; this is a town building; the footprint on the proposed second egress is less by half although there is more volume.  Treasurer Schomaker pointed out the original fire escape didn’t comply with any code and the proposed egress will.  Chairman Dougherty noted the issue with a ZBA variance is that Treasurer Schomaker can’t request the variance; that has to come from the owner which is the town of Jackson; this would mean the Selectmen would be asking for a variance from their own ruling; the Selectmen are giving a permit to themselves and a permit isn’t even needed.  ZBA Chair Frank Benesh noted there are options; this Board could approve it; if there was something there before then the non-conforming structure can be replaced or the town could end the lease, do the work on a government building and then re-lease it.  Chairman Dougherty talked to the LGC and they suggested that option however hhe reminded folks that when one seeks advice from an attorney it’s advice not an answer.  The bottom-line is that this Board could grant the permit.  Selectman Thompson felt the big non-conforming issue was the building is too close to the road; just by looking at the picture of the old one and the drawings; the construction footprint looks to be five feet closer to the road than where the last one was and wondered if this would be more non-conforming.  It was noted the whole building is non-conforming; there is no buildable space on the lot; no matter where you put this it would be non-conforming.  The footprint is overall less than the old one; the Master Plan calls for making buildings less non-conforming when possible.  Selectman Thompson noted this doesn’t seem to be an issue with people in the town and it will take up a smaller footprint.  He doesn’t like the game of tearing up a lease and doing work and then re-leasing it; he has everything he needs to make his decision.   Selectman Allen agrees; people would prefer this to move forward; having the picture showing what was there is very helpful; the old escape obviously was not up to code and now the egress can meet code; he is not in favor of pushing papers; it’s not efficient.  Chairman Dougherty is ready to approve the permit and would also add a thank you to the Historical Society for continuing to put money into this building; he likes how the issue was vetted out.  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the building permit for Town of Jackson (Map V2, Lot 39).  The motion passed unanimously.    Bill Wogisch would like to commend the Board for using some common sense; people in this town have short memories; not so long ago that building was in disrepair; a lot of money, time and effort on Treasurer Schomaker’s part has gone into getting this building in the shape it is in now.  
  • Selectmen Board Policy  Chairman Dougherty noted last time the Board discussed setting a policy about engaging an attorney but there are other areas to discuss; he wondered if the Board wants to develop official policy or to informally discuss this.  Selectman Thompson would like to see more in the way of written policy.  For example he’d like to set policy on the approval of the Minutes which is currently done in an unorthodox way.  He noted that the folks in these seats are only here for a finite period and some things should endure no matter who is sitting in these seats; Chairman Dougherty clarified that each new board has options to reapprove or write different policy.  Selectman Thompson feels the Board should look at the School Board’s policy as a start.  Selectman Allen asked if there is a list of issues that should have policies and Chairman Dougherty noted as has been brought up the approval of minutes is typically done at the next meeting with a draft set presented and changes made publically.  If there is something in the minutes that the Board doesn’t think is represented how the Board meant it then the Board would have consensus of what was said.  This doesn’t apply to grammatical or semantic changes.  How Board members engage with Town Counsel needs to be written.  This Board had an unwritten policy that only the Chairman could engage the Town’s attorney and that’s okay but Chairman Dougherty feels the Board needs to set a policy about when that should happen; it is too loose an arrangement which allows the Chairman too much authority to phrase the question; the Board should hear those answers together; he believes the decision to engage Town Counsel should be a group decision regarding a specific question or review of documents.  This will be the only way the Board can have some control on the legal expenses it incurs; he’s seen a lot of engagement with the Town Attorney that wasn’t authorized by the Board.  Office Administrator Falcey objects to that statement and Chairman Dougherty clarified he is speaking about the Town Counsel engaging in discussion with two former Selectmen that the town paid for.  Selectman Thompson feels an informal and unwritten policy is frightening; there is no room for misinterpretation for who can talk to an attorney on behalf of the town or how the minutes are approved; it is in the best interest of the town as a whole to be more formalized.  Office Administrator Falcey suggests the attorney needs to be aware of the town’s policy too; in the case Chairman Dougherty is speaking about the attorney should have redirected the former Selectmen and he continues to do things like that today.  Chairman Dougherty feels the Board should look at the School Board’s policy and ask some other towns about their policies and bring this to the next meeting as a draft.  ZBA Chair Benesh observed he has no opinion on this but the ZBA has been a very infrequent user of Counselor Malia or his predecessor; there is a potential for conflict of interest between the ZBA and the Board of Selectmen.  He asked that in speaking with other towns the Board might also enquire as to whether other boards use the town counsel; he’s not suggesting it’s necessary.  Selectman Thompson noted the ZBA could speak with the LGC regarding generic questions.  ZBA Chair Benesh noted he had a discussion with the former Town Counsel when the Holly Lewis case was at the ZBA; that was an appeal from administrative decision.  Selectman Thompson asked if the ZBA would feel bound to use Town Counsel and ZBA Chair Benesh noted he would not; he would be inclined to use Counselor Malia but it would be the ZBA’s choice; in five years ZBA Chair Benesh had a five minute conversation with Counselor Malia’s predecessor.  Chairman Dougherty noted it would be logical for these two Boards to use different attorneys; he wondered if it would make sense to make it a policy to always use different attorneys.  ZBA Chair Benesh felt if Jackson was a bigger town and the ZBA made more often contacts then yes however as it is now, no.  He noted the town can’t have a policy for everything and he, personally, doesn’t see a need for it; if it’s not a problem don’t try to fix it.  Selectman Thompson feels, since the Board is going to formalize its policies, a letter should be sent to the Chairs of the various Boards asking for input regarding policies they think should be in place.  Chairman Dougherty will put something together about this and circulate it.  
  • Charitable Exemptions
Office Administrator Falcey noted any organization asking for a charitable exemption is required to annually submit their financials so the assessor can determine if they still meet the standard.  These organizations have to have a public purpose; that purpose has to be in their charter and the real estate needs to be used to further that purpose.  The Assessor has reviewed these requests and has made recommendations which Office Administrator Falcey has sent out.  It’s up to the Board to make the final decision if this is enough of a public use.  While Selectmen Allen and Thompson haven’t reviewed the documentation, following discussion the Selectmen felt they were ready to make a decision tonight and were comfortable going with the Assessor’s recommendations.    

  • Jackson Historical Society (Map V4, Lot 34E)  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the Charitable Exemption for the Jackson Historical Society (Map V4, Lot 34E).  The motion passed unanimously.
  • NH Public Radio (Map R17, Lot B02)  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the Charitable Exemption for NH Public Radio (Map R17, Lot B02).  The motion passed unanimously.
  • NE Forestry Foundation (Map R30, Lot 4 & 17)  This entity already receives a break on their taxes as the land is in current use.  Selectman Thompson, seconded by Selectman Allen, made a motion to deny the Charitable Exemption for NE Forestry Foundation (Map R30, Lot 4 & 17).  The motion passed unanimously.  
  • Old Library Management Committee Appointment
  • Marilyn Rodes, representing the Jackson Historical Society (term expires 4/1/2014)  Selectman Thompson, seconded by Selectman Allen, made a motion to appoint Marilyn Rodes as the Jackson Historical Society’s representative to the Old Library Management Committee.  The Old Library Management Committee (OLMC) always had a member from the Historical Society; Joan Aubrey noted there was also a representative from the church who has resigned.  There are five members altogether; one from the Historical Society, one from the church, one from Friends of the Library and two members from the community at-large.  Marilyn has been participating in the meetings for a long time.  There was no further discussion.  The motion passed unanimously.  Chairman Dougherty asked if the OLMC needs any more guidance from the Board about the building and Joan noted the Committee will be meeting with Town Engineer Burr Philips about the septic situation and will come back to the Board with what has been learned.  
ZBA Chair Benesh would like the Board to be aware that Lisa McAllister has resigned from the ZBA; there are two openings on the Board; one for a member and one for an alternate.  This will be noticed through the e-news, the local column and the Minutes and will also be posted on the bulletin board at the town offices.  The response deadline should be set for Monday May 7th.  

  • Unused Vacation Year End  The policy was reviewed; Selectman Allen thinks the change is a good idea.  Office Administrator Falcey submitted this request; she noted the part-time employees are the ones who are being affected adversely; some of them don’t work set hours per week so they don’t know how much time they have earned until the end of the month so at the end of December, in accordance with policy they lose those vacation hours.  She has suggested limiting this to the last quarter only so during the last three months of the year employees wouldn’t feel pressed to take their vacation all at one time; Jackson also has a lot of weather during that time.  Selectman Thompson wondered why the Board should not allow employees to carry over time earned from July through September as well; she wanted to bring forth something to immediately address this; she wasn’t sure if the Board would want to carry that liability over into the new year.  Chairman Dougherty feels the town is small enough and has few enough employees to allow its employees to carry over unused vacation time with a cap.  Selectman Thompson thinks these employees would be working with their respective Department Heads on this anyway and it’s each Department Head’s responsibility not to let too many employees go from one department at one time.  Bill Wogisch noted what he did with his business was at the end of the year he paid his employees their owed time; this closed the books so the expense stays in the same year.  The current policy doesn’t allow for that, it’s strictly use it or lose it.  The only time employees get their time is if they resign, have been employed by Jackson for at least six years and leave in good standing.  Chairman Dougherty would like to also look at the Sick Time policy.  Office Administrator Falcey noted it will take a while to sift through all those issues; her urgency is with some specific individuals as noted.  She’d like to bring those individuals from 2011 into 2012.  She’d like the Board to address this in two phases, taking care of the four town employees that have had to forfeit their vacation time.  Selectman Thompson would like to address this issue right now and then look at buy-back for next year.  Chairman Dougherty likes to use benefits to retain good employees.  Office Administrator Falcey didn’t have time to take vacation last year because of Tropical Storm Irene; she lost her time and received no money for that time however she couldn’t take time off; someone had to be at the Office to do the work.  A buy-back is an easy way to take care of this; it is an option.  Selectman Thompson believes the Board should retro this policy to the last quarter of last year to solve the immediate issue and then look at expanding this to be the second half of the year.  Selectman Thompson, seconded by Selectman Allen, made a motion to amend Jackson’s vacation policy striking “Vacation time may not be carried over and accumulated in subsequent years.” and replacing that with “Only the accrual of vacation earned during the last quarter of each year (October, November and December) that is not used, may be carried over into the next year.”  All of the Selectmen agree they want to do this; there was no further discussion.  The motion passed unanimously.  
  • MS-5 DRA Report  Office Administrator Falcey noted this is the financial report that goes to the DRA which shows what Jackson spent and what it has left in the General Fund to carry over to the next year; it has been completed by Jackson’s CPA and she’s reviewed it as well.  Selectman Allen, seconded by Selectman Thompson, made a motion to approve the MS-5 DRA Report as prepared by Leone, McDonnell and Roberts.  The motion passed unanimously.  
  • MS-2 DRA Report  Office Administrator Falcey noted this is the report that the voters approved in March, 2012; this goes to the DRA and they use it to set Jackson’s tax rate.  Selectman Allen, seconded by Selectman Thompson, made a motion to approve the MS-2 DRA Report as prepared by Office Administrator Falcey.  The motion passed unanimously.  
  • Interest Abatement Request (Map V2, Lot 10-D)  Chairman Dougherty noted this request is from Mike and Marilee Reynolds; they were charged $18 for their tax payment being postmarked two days late.  They have already paid $37 more than their tax bill due to mailbox issues on their end.  Selectman Thompson is familiar with this process; the Board has the authority to abate this.  Town Clerk and Tax Collector Jeannette Heidmann noted the notice of delinquency says the town must receive payment by a specific date; because their payment was not in the office by the deadline of noon on the 10th she processed the lien notification letters, there’s an $18 penalty as the town had to do a mailing.  The Reynolds’ payment was postmarked on the 12th and was not received until the following Monday.  There were about sixty Notice of Intent to Liens sent out and the Reynolds’ is the only request for an abatement; it is not appropriate to grant this abatement for one person; there is a pattern of lateness.  Tax payments are supposed to be in the Town Clerk’s hands by the due date and she will accept it if it is postmarked on the due date however the delinquent notice said the Town Clerk must receive it by noon on the 10th; additionally, the same letter said if the payment is being sent later than “x” then it should be a certified check, which the Reynolds didn’t do.  Selectman Thompson noted the town can’t run efficiently if funds are not received in a timely manner.  Selectman Thompson, seconded by Selectman Allen, made a motion to deny the abatement.  The motion passed unanimously.    
  • Public Comment  There were none
Selectman Allen, seconded by Selectman Thompson, made a motion to go into Non-Public Session in accordance with RSA 91A:3II(a) to discuss personnel at 6:24 p.m.  The motion passed unanimously.  

  • Non-Public Session
  • RSA 91A:3 II (a) – Personnel
The Board returned to Public Session at 6:34 p.m.

Selectman Allen, seconded by Selectman Thompson, made a motion to go into Non-Public Session in accordance with RSA 91A:3II(e) to discuss litigation at 6:36 p.m.  The motion passed unanimously.


  • RSA 91A:3II(e) – Litigation
The Board returned to Public Session at 6:41 p.m.

There being no further business the meeting was adjourned at 6:41 p.m.


Respectfully submitted by:
Martha D. Tobin
Recording Secretary