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Present: Jerry Dougherty IV, Chairman; John Allen and Bob Thompson, Selectmen
Visitors: Office Administrator Diane Falcey, Police Chief Karl Meyers, Jackson Engineer Burr Phillips, Mary Canty, Lauren Synnott, Hank Benesh, Frank Benesh, Susan Chase, Lyn Adams, Larry Siebert, Bill Wogisch, Bob Davis, Joan Aubrey, Holly Lewis, Paul Keane, Robbie White, David Miller
Chairman Dougherty called the meeting to order at 4:31 p.m.
- Non-Public Session #2 – April 26, 2012 Selectman Allen seconded by Selectman Thompson, made a motion to approve the minutes of Non-Public Session #2 of April 26, 2012 as written. The motion passed unanimously.
- Non-Public Session – May 3, 2012 Selectman Allen, seconded by Selectman Thompson, made a motion to approve the minutes of the Non-Public Session of May 3, 2012 as written. The motion passed unanimously.
- Selectmen’s Meeting – May 17, 2012 Selectman Allen, seconded by Selectman Thompson, made a motion to approve the minutes of the of May 17, 2012 as written. The motion passed unanimously.
- Non-Public Session - May 22, 2012 Selectman Allen, seconded by Selectman Thompson, made a motion to approve the minutes of the Non-Public Session of May 22, 2012 as written. The motion passed unanimously.
- Public Comment There were none.
- Police Report Chief Karl Meyers reviewed activities since the last meeting; some items discussed included four false burglar alarms and numerous bear reports including a call for a younger bear that got into a home. A person was arrested for driving with a suspended license; a noise complaint was received; a disorderly subject at a hotel was arrested and transported to the county jail. Officers assisted Troop F with several vehicle break-ins at the Ellis River Falls parking lot. Officers assisted the Ambulance with a nineteen year old male complaining of back pain. A gentleman was arrested for possession of illegal drugs; a phone call was received at the police station regarding an accident in Crawford Notch; this was forwarded to Troop F; Officers continue checking on
vehicles regarding registrations. A call was taken for a possible rabid fox; Chief Meyers doesn’t think it was rabid; it just looked in a window at a house. Officers assisted the Ambulance at the Grammar School with a child who fell and hurt a shoulder. A local home was burglarized and whoever did it went to the third floor and plugged the sink and opened the faucet; there was water damage to that home and the adjoining condo as well. Officers arrested a gentleman on a complaint of domestic disturbance at a local hotel. Officers assisted the Ambulance with an older gentleman with severe stomach pains and feeling faint. Officers came into contact with a gentleman who was in violation of his probation and he was put under arrest. A report about a suspicious vehicle at Black Mountain turned out to be a turkey hunter. Officers also assisted the Grammar School with transportation arrangements after a bus broke down. There was a
motor vehicle accident on Switchback Way; the car went off the road. Selectman Allen asked if there is any signage on the road indicating the curves and Chief Meyers noted he doesn’t know and will look. He noted there are other concerns with this accident since it happened the night before and was not reported until the next day. A call was taken from a person who thought they saw a person in their driveway; Officers went up and didn’t find anything. There was a motor vehicle accident with a moose in the Notch. A wedding reception got out of hand and an intoxicated subject assaulted his girlfriend and was subsequently arrested. There was also a report of an untimely death of an older gentleman in town. Selectman Thompson asked if there was any indication that the subject at the wedding reception was over-served by the establishment; Chief Meyers noted this was a guy who was not a drinker; he doesn’t think he was
over-served it’s that he was just not used to alcohol.
- Old Library Committee Update Joan Aubrey noted the ceiling and walls are going to be painted; members also hope to take the big overgrown trees/shrubs out. Joan has spoken with Phil Davies to set up a link for the Old Library on the town’s site. The Committee has been working with Engineer Phillips on septic options; she has nothing to report although she would like the Board to know that Engineer Phillips has been very helpful. Folks have noticed people coming in and out of the building; there are a lot of keys to the building out there and the Committee believes it’s time to change the locks keep a list of who has keys. Joan noted some equipment was moved around; nothing was taken however no knows who moved things around. Selectman Thompson would like
to know what the process for using the building is and Joan noted it is based on the one for the Whitney Center; one needs to be a Jackson resident; no smoking or alcohol; the timing has to work with the church due to the tiny parking area. The church has vetted the application form and procedure; currently no fee is being charged but the Committee has discussed fees; up to now there have not been any for-profit organizations asking to use it. There is concern about requiring certificates of insurance; Chairman Dougherty noted the Board will be having discussion about certificates of insurance under agenda item #10.
- Susan Chase: Shaw Driveway Site Disturbance Susan Chase and Lyn Adams joined the Board; it was noted that since Susan’s original letter; Town Engineer Burr Phillips has come up with a list of corrections to be done on the Shaw property and it covers just about everything she complained about. Selectman Thompson only looked at the property from the road; Susan explained the path is not visible from the road; she explained this is the way for vehicles as well as horses to get to the pasture and it became impassible; Laurie Beck couldn’t navigate the road and had an accident. On Engineer Phillips’ list of corrections, item #14 states the horse path needs to be repaired but it can’t be done until the Shaw’s site stops dumping water; Susan needs
to use the path and wants the ditch done now. Susan met with her attorney after she got this list; she believes the Selectmen should pull the permit until the corrections are made; the Shaws have been able to do anything they want to do without any penalty other than being told to make these repairs. Bob Davis noted the original repair to the path would have only taken a couple of hours but since then the path is worse as more damage has been done. Chairman Dougherty asked if either Engineer Phillips or David where things stand with the list of corrections. Engineer Phillips believes the list is 95% complete. Chairman Dougherty was up on the property this afternoon; he feels the Shaws are doing everything they can and are trying to facilitate the list. He wondered what Susan thinks of the percentage complete reported; Susan noted she didn’t go up on the property as the Shaws sent her a letter telling her to stay out. David and
Engineer Phillips reviewed progress; regarding the ditch it will be two to three weeks before any grass gets going and even longer before there is substantial growth. Susan believes the ditch should be put in before that and if it gets filled then the Shaws need to go in and clean it out. Engineer Phillips noted they can’t do the ditch before the silt is stopped or it will just fill in again. Chairman Dougherty noted that it appears the silt fence and screen has been put on Susan’s property. Susan feels if she is going to have the horse path operational by July then the sooner the ditch is put in the better; she believes until this is done the Board should to put a Cease & Desist Order on the Shaws. Chairman Dougherty noted the New Hampshire Bar Association has put out a General Procedure to not use a Cease & Desist Order unless the situation is life threatening. Susan noted this has been going on for two years; all of this
only happened after the driveway went in; she has been very patient. Chairman Dougherty sympathizes however he doesn’t see it the same way; the culvert was preexisting; the only option was to put the water into an existing culvert and her property being at the bottom of a culvert preexisted. Engineer Phillips noted Mr. Shaw has made repeated overtures to Susan to put the ditch in however Susan noted Mr. Shaw withdrew his offer on New Year’s. Susan is going to put the ditch in and repair her horse path and handle it with Mr. Shaw. Chairman Dougherty noted they are talking about seeing progress by the fall; this area has to go through a growing season first. Susan strongly disagreed noting she was told last year that the Board would wait over the winter and hoped not to see her in the spring; this is in the minutes. Engineer Phillips noted the point is to get the horse path going right now; work on the erosion is being done. Susan
noted if Engineer Phillips waits to put the ditch in the horse path won’t be available; it will stay wet until the ditch goes in. Engineer Phillips noted Mr. Shaw is completely willing to clean out the ditch if it gets clogged and he wants to get the ditch in. Susan asked if there is a written agreement about this and Engineer Phillips noted he has plenty of correspondence with Mr. Shaw stating he would do this. Selectman Thompson noted both Engineer Phillips and the person working on the project (David) concur this punch list is about 95% complete and some of the stuff is going to have to sprout, plain and simple; there is no logic to pull the permit or issue a Cease & Desist Order; the area has had straw, seed and loam spread; he wondered what more can be done to assist Susan with this issue. There’s a couple of days work up there and if the rain stops Bob would be able to put in the ditch. Susan asked if she could have a silt fence
put up before the culvert. David suggested putting a culvert under the horse path to stabilize it but Susan noted the water is too wide-spread now; water filled in the low areas. Engineer Phillips noted Susan had mentioned the silt net doesn’t work; if a hay bale is put up then there is the risk that the water will go over the road. He explained a silt fence won’t do what Susan thinks it will do; the fence just slows down the flow; it is not a strainer; David will put it in. Selectman Thompson asked if there is anything else that should be done right now to mitigate this situation and was informed a little more could be done on the pond. David will work on this tomorrow. The pond has been pumped down so there is not much water there and cleaning out the silt fence will help too. Selectman Thompson would like to have a progress report on this for the next meeting; this has been going on for two years and he wants to follow it to
closure. All property owners have rights and he wants to make sure those rights are respected. He is not sure what action the Board should take today but he’d like to have this on the agenda at the next meeting. Susan is pleased with the work being done; she can’t do anything else but deal with it; it’s lowering the value of her property; it’s messing up her frontage.
- Building Permits – Andy Chalmers, Building Inspector
- Lori Badger (Map R12, Lot 92) New 3 bedroom residential home Selectman Thompson, seconded by Selectman Allen made a motion to approve the permit for Lori Badger (Map R12, Lot 92) New 3 bedroom residential home. Chairman Dougherty noted the application was recommended by Building Inspector Chalmers. This is a property the town did research on last year; there were some issues regarding water and septic but those have been cleared up. There was no further discussion. The motion passed unanimously.
- Popovich, Andrew & Andrew III (Map V5, Lot 22) Extend permit Selectman Thompson, seconded by Selectman Allen, made a motion to extend the permit for Popovich, Andrew & Andrew III (Map V5, Lot 22). The motion passed unanimously.
- Herbert, Paul & Sarah (Map V2, Lot 34) Existing home renovations/new garage Selectman Allen, seconded by Selectman Thompson, made a motion to approve the permit for Herbert, Paul & Sarah (Map V2, Lot 34) Existing home renovations/new garage. The motion passed unanimously.
- 2012 Assessing Services Agreement Selectman Thompson didn’t review this; Office Administrator Falcey noted she reviewed it and sent out an e-mail regarding any differences. The fee is up $3,000 however the town doesn’t necessarily get charged the entire amount; work is invoiced as completed. There was no further discussion. Selectman Thompson, seconded by Selectman Allen, made a motion to approve the 2012 Assessing Services Agreement.
- NH Electric Co-op 2012 Election Ballot It was determined the ballot had to be returned by June 6th.
- Sign Animal Control Appointment Form Chairman Dougherty reminded folks the Board had appointed the ACO at the last meeting; this is just the signing of the form. There was information on this in the Jackson town article today. The Board didn’t determine if Lauren is to be a town employee or a subcontractor at the last meeting however she has filled out a W-9. It seemed prudent to have the ACO be a town employee under the Police Department. The town has $500 to spend on these services just like every year; that’s the gross pay for the position; if it runs out before the end of the year then it will be like the old times and Jackson will have no one to respond to calls. It was noted that this stipend is under $600 so Jackson doesn’t have to issue a
1099. Selectman Thompson noted Jackson is lucky to have a town resident who is willing to incur this expense on her own to be up to speed and taking classes. He’s learned that Tamworth, Freedom and Albany have the same ACO (Jackson used to have) and have made changes due to non-response; Jackson is in a good position to do this and keep the service within budget; the ACO will be covered under Jackson’s liability coverage. Chairman Dougherty thanked Lauren; Lauren noted if the funds run out she would still respond to calls.
- Use of Fire Department’s second floor space for Yoga classes A request has been received from a resident to allow a yoga instructor to give classes on the second floor at the Fire Station; Fire Chief Henry is okay with it as long as the Board is okay with it. The Board is concerned about requiring the person using the building to have a certificate of insurance. Office Administrator Falcey is concerned with setting the precedence of allowing use of the space. Others will want to use it; parking is very limited so responders would have nowhere to park if there were an alarm. In addition to the certificate of insurance the Board needs to consider the costs involved to use the utilities, heat and/or air. Joan reminded folks the Old Library Committee is actively
trying to get folks to use their space. If it’s a liability issue it is better to insure one building for use as a community space; someone needs to ask them if they would be interested in using the Old Library. Bill Wogisch wondered why they aren’t using the Whitney space. Chairman Dougherty’s main concern with the Whitney Center is he would love to make the building available free of charge but that would mean Jackson’s taxpayers incur the expense. No matter how well a group maintains it there is still the cost of heating, cooling and cleaning. It was noted the yoga class didn’t want to use the Whitney Center because they charge a fee. It was noted if they want to use the Fire Station the town will want to charge a fee to cover the costs involved. This is not the precedent the Board wants to set. The Board recommends that the town go back to the yoga class and ask them to look to the Whitney Center
first; it was designed to accommodate classes. If the person leading the class is charging then some of the fee should be used to pay for the cost of the building. The Whitney Center and Friends of the Library have offered to cover the fees for individual groups. Chairman Dougherty does not want to authorize use of the Fire Station. Selectman Allen would like to know what the fee is at the Whitney Center and was informed the charge is $25 per hour for time outside of usual business and if the use is inside business hours then the fee is less. The application for use of the building is on the website. Selectman Thompson agrees, as does Selectman Allen, not to set this precedence. Selectman Allen noted there is still the insurance issue. Office Administrator Falcey did some research on this and the LGC recommended the town get a certificate of insurance as the town would be liable; Jackson’s liability insurance would not cover the
town if a person was hurt in yoga class. The Board is denying use of the Fire Station. Office Administrator Falcey will contact Kim and explain the discussion and suggest she explore the Old Library and the Whitney Center.
- The Inn at Thorn Hill – Permission to serve alcohol outside licensed area Selectman Allen, seconded by Selectman Thompson, made a motion to grant permission to the Inn at Thorn Hill to serve alcohol outside of the licensed area for an outdoor wedding. The motion passed unanimously.
- Jackson Public Library: Ann Lee Doig – Alternate Member Trustee appointment (1 year) Selectman Thompson, seconded by Selectman Allen, made a motion to appoint Ann Lee Doig as an Alternate Member Trustee for one year. Selectman Thompson asked if this is the only opening the Trustees have now; Chairman Dougherty noted the Board can look back at the list Office Administrator Falcey created. There may be other openings on the Board however the Board has a recommendation from Allen Brooks who was the Chairman of the Library Trustees at the time he made the recommendation; it sounds as if there is only one vacancy. It was clarified the alternate only votes when filling in for a member. There was no further discussion. The motion passed
unanimously.
- Public Comment – Bill Wogisch noted the town shouldn’t have to struggle about certificates of insurance; people need to understand that the town requires insurance coverage; it has nothing to do with friendships; this is business. Jackson has been fortunate in the past regarding liabilities; what he expects is for the Selectmen to protect this town. The Fire Station’s second floor wasn’t built with the intent to use it for yoga classes; it’s for the Fire Department to use; the town already has the Whitney Center and the Old Library. Paul Keane would like to know if Wilson Road is on the town’s wish list for paving; if not, he’d like to get the area that was worked on patched up. It was noted Wilson is on the schedule for this year.
Chairman Dougherty will check with Road Agent Henry; they talked about a schedule for road work this year; there’s $180,000 in the budget for paving. The plan is to do the work when Pike is working along Route 16. The other issue is cash flow so the plan is to wait for tax money to come in (July). Paul hopes this will be patched if Wilson Road is another year out. Selectman Thompson would like a Wilson Road update for the next meeting; he believes Pikes’ projects are all scheduled for the year out so perhaps the date can be pinned down.
- Board Issues Selectman Thompson noted he will be unable to attend both of the July meetings; there’s no need to reschedule these; he just wants to make sure there will be a quorum. The Selectmen will look at the agendas and consider rescheduling if necessary. Selectman Allen noted the Planning Board is looking for the Selectmen to come up with a job description and qualifications for the building inspector. Selectman Thompson noted this was discussed; there’s a distinction between putting together a contract for services and a job description for a town employee. Chairman Dougherty noted HB137 would address this in the short term; the law doesn’t allow the Selectmen to contract with a third party to facilitate inspections; the Selectmen may have to make
him a town employee anyway. This needs to go back to the Planning Board; they need to come up with this. Selectman Thompson believes the Selectmen have better resources and can present this to them; it won’t be too hard to facilitate this. If it is possible to maintain the building inspector as a contractor then that would mean a change to the language but the Selectmen want the same information regarding duties and qualifications out there. He feels the Board should set up a Work Session for this and since there’s one planned for going through the building permit application this could be added on. Bill is concerned with the rate the town is paying Inspector Chalmers; the town won’t pay an employee $65 per hour however once the Board makes him an employee then he will be one forever. It was clarified the Building Inspector would still be a part time, non-benefited position. Joan noted the Board has to consider training
and insurance when comparing employee versus contractor, too. Holly Lewis would like to know how many hours a week Inspector Chalmers works for Jackson and was informed the building inspector’s hours were more consistent three to four years ago; time can range from a half hour to eight hours a week. Holly suggested taking the hours involved over a period of time and figuring out an average. Selectman Thompson noted it would be nice to know if the rate is $15,000 or $30,000 for those services. Chairman Dougherty agreed these are good issues to bring up; the Board can’t always think of these details. Selectman Thompson wondered if educating the Board about employee versus contractor is for Peter Malia or the LGC and Chairman Dougherty noted it’s for the LGC; does the Board even have the option to use a contractor and if not then the inspector will have to be made an employee. Chairman Dougherty noted the Board has to consider the
issues brought up here; it should evaluate the hours worked and decide if this should be hourly, per diem or salaried position. Inspector Chalmers comes on Tuesdays but can come other times if there are other issues or concerns; it is time to figure out the details of this. Bill noted it is always better to use an outside contractor; it’s more cut and dried. Right now Bill doesn’t believe Inspector Chalmers is qualified from the standpoint of being licensed as a plumber or electrician. Chairman Dougherty knows Inspector Chalmers is licensed by the International Code Enforcement Office; the law says anybody could do the inspections; no certifications are needed but that is not a good policy for the town to have. The Code Council facilitates this; there are certifications for building inspectors that come with a lot of weight. The Board could consider making a master plumber or electrician a requirement for the position.
Selectman Thompson asked if this is a yearly contract and was informed there is no contract. Selectman Thompson finds it odd that Jackson has a contractor it has no contract with. Chairman Dougherty noted Jackson has an established common law contract and Inspector Chalmers has his own insurance. Chairman Dougherty reiterated the Board has to find out if it even has the option to have a contractor perform these duties; if not then the inspector has to be a town employee and there’s no more discussion. Chairman Dougherty will call the LGC tomorrow to get answers. Selectman Allen would like to have the answers for next week’s Planning Board meeting. Inspector Chalmers was going to work on part of the job description; if he is going to be a town employee it is not good to have him write his own job description but if he’s a contractor then it would be appropriate. Selectman Thompson would love to hear any thoughts from
the Planning Board members. The Board will meet June 14th at 5:30 p.m. to determine the role of the building inspector as far as contractor versus employee and to look at the building permit application too. The Board will be looking for the template George Howard has as well as input from the LGC. Selectman Thompson will get an electronic copy of Jackson’s current application so he can work on it.
- New Business Chairman Dougherty noted the new roll-off truck is at the Transfer Station and it is working; Jackson hasn’t purchased it as there is no title yet. The folks at the Transfer Station like it a lot. Bill asked if there have been any bids on the old one and was informed it hasn’t gone out to bid yet. Chairman Dougherty talked with Bartlett Selectmen’s Chair Gene Chandler about the bids; he asked if the Selectmen were okay with the bids going to Bartlett; the Board agrees that’s okay.
- Old Business
- Board Policy This will be on the agenda for the foreseeable future as members haven’t had time for further work on this.
- 2009 Impending deeds There were one or two properties the town didn’t want to take the deed on; the Board had said it would give Town Clerk Heidmann a decision after today’s meeting. Office Administrator Falcey has left; the Board needs further explanation on the property in bankruptcy. The decision is not needed until July. The decision is postponed to the next meeting and if a decision is needed before that the Board can schedule a special meeting.
- Property-Liability Coverage of Bartlett-Jackson Transfer Station Joint Owned Assets Chairman Dougherty noted the LGC is content that Jackson is covered for what it needs to be covered for; they have no issues and no action is required from the Board.
There being no further business the meeting was adjourned by motion at 6:17 p.m.
Respectfully submitted by:
Martha D. Tobin
Recording Secretary
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