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Board of Selectmen Minutes -- 06/21/2012
Selectmen’s Board Meeting
June 21, 2012

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

Visitors:       Office Administrator Diane Falcey, Police Officer Sean Cowland, Road Agent/Fire Chief Jay Henry, Treasurer Warren Schomaker, Engineer Burr Phillips, Craig Nichols, Susan Chase, Lyn Adams, Jerry Dougherty, Gino Funicella, Dave Mason, Hank Benesh, Huntley Allen, Jason Call, Paul Keane, Dave Miller, Martha Benesh
Chairman Jerry Dougherty called the meeting to order at 4:30 p.m.

  • Amend & approve minutes
  • Selectmen’s Meeting - June 7, 2012  Selectman Allen, seconded by Selectman Thompson, made a motion to approve the minutes of June 7, 2012.  The minutes were approved as written.  

  • B.P. Application & Inspector Job Description Work Session - June 14, 2012  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the minutes of the Work Session of June 14, 2012.  The minutes were approved as written.  
  • Public Comment  Gino Funicella has reviewed the minutes of the Work Session; he noted it’s a hard read but he gathers the Selectmen are working on a job description for the Building Inspector and is reviewing the process for the Building Inspector.  He noted the town can’t be less restrictive than the state law and believes it would make sense to use the state requirement for building inspection rather than reinventing the wheel.  Chairman Dougherty agreed but clarified that job descriptions are different than policies; the first recommendation from the insurance service that did the insurance review was for Jackson to come up with a job description for the Building Inspector.  Gino noted it also appeared there was some discussion about the vote on the warrant article at town meeting not being sufficient.  Chairman Dougherty noted that both the LGC and Town Counsel agree that the town needs to go through more action; the people never authorized the inspector; the Board is working with the Planning Board to determine the way to get the authorization.  Gino hopes the Board does realize the overwhelming decision of the people at Town Meeting was to keep inspections in place.  The Selectmen thought it would be better to work with the Planning Board to have the proper mechanism in place.  Dave Mason has looked at the new Bartlett-Jackson Transfer Station Agreement; he’d like to know when and how it will be implemented.  He’d also like to know about the employee complaint which the Board has said is not going to be released to the public; he wants to know why and under what authority.  Selectman Thompson noted he doesn’t feel it’s appropriate to take that up during Public Comment; everything the Board discussed is part of the minutes; Dave is welcome to call Selectman Thompson any time; he’s not sure the Board wants to step away from the agenda.  Dave noted Public Comment is on the agenda.  Jackson had an agreement for twenty-five years that was not implemented; he believes it’s legitimate to ask about implementation of the new agreement.  Selectman Thompson noted the only discussion the Board has had about the agreement is at public meetings.  Dave asked if he missed when the Agreement is going to be implemented and how; he did not. Dave noted the Agreement was finalized in December, signed in February and is still not implemented.  Selectman Thompson thinks it would be suitable to put this on the agenda for the next meeting so everyone can be prepared to have a discussion.  Regarding the employee complaint not being released, that is a personnel matter and not to be released; it is not a public matter.  Dave thinks release of the complaint is up to the person involved.  The Board has been advised by its attorney not to discuss this publicly.  Huntley Allen noted someone on the Planning Board told him he’d need to get a permit for cutting a pipe, which is not true.  That same member of the Planning Board is telling people that they have to have an entire inspection whenever they are working with plumbing or electrical.   The Planning Board needs to have the right facts; even though this person has had this information explained; he is spreading false information; that’s wrong; it should be looked into.  Chairman Dougherty noted the Board is working with the Planning Board and will present it to the public at a Public Hearing.  Huntley reiterated everyone has to be saying the same thing about inspections.
  • Police Report  Officer Sean Cowland reviewed activities since the last meeting; some items discussed included five false burglar alarms; two medical assists; one 911 hang-up; three assists to the Bartlett Police Department; one trespass warning to a turkey hunter on Black Mountain.  There were three motor vehicle accidents; animal complaints are up; there have been one fox, four dog and seven bear complaints that the Department knows of.  Three cars at Dana Place Inn were damaged by a bear; it tore some of the side off the inn too.  They have gotten into houses and one also tried to go into a window at the J-Town Deli.  There has been an influx of bear problems this year.  Fish & Game has turned the complaints over to a bear specialist.  Officer Cowland noted there was one fire and wanted the Board to know that, in the absence of Fire Chief Henry, Anthony Giovani did a great job.  There was an issue with a lodger and innkeeper; the lodger was taken to a different inn.  Don Bilger was thanked for helping out with this situation and making sure folks have a good picture of Jackson.
  • Highway Report  Road Agent Henry noted most folks know Dundee Road has had a lot of gravel and stone work to repair the Hurricane Irene damage; that work is mostly done.  There is no power at the gazebo; the pole that held the line up rotted and fell over.  When the line is replaced it will be more out of the way; it will take a while before the power is on again.  Selectman Thompson asked how long; is he talking weeks or months?  Road Agent Henry noted Fire Inspector Gaudreau is going to help with the electrical work, it’s just a matter of doing it; there is no money budgeted for this.  He noted most folks who get married at the gazebo can do so without electricity.  Selectman Allen asked if the funds from previous weddings might be used to pay for this work and Office Administrator Falcey noted those fees go into the General Fund.  Carroll Paving came in $20,000 lower than Pike; they did a great job; it’s all done except for Wilson Road; Wilson Road will be paved next week due to the savings.  In the old Town Hall parking lot there was a big sinkhole on the bank; someone was going to break an ankle; he had to stuff some rocks on to the bank; there was no budget for that and due to the proximity of river he just patched it.  The Department will be doing a lot of ditching; the new mower has worked out great; it makes all the difference in the world; it was a very worthy investment.  
  • Fire Report (added) Fire Chief Henry noted forest fires are way up; it’s up five-hundred percent from usual; so far this year there have been five; Jackson’s not had that many in twenty years.    
  • Jason Call, Town Assessor & Craig Nichols, DRA Real Estate Appraiser  Jason Call and Craig Nichols joined the Board; Chris has not been to Jackson since 2010; he went over some information regarding equalization statistics and noted Jason’s memo was based on Craig’s statistics.  Jason and Craig reviewed how the DRA gathers and uses the information to set Jackson’s tax rate.    
  • Susan Chase: Shaw Driveway Site Disturbance  Susan Chase and Lyn Adams joined the Board; Susan has done the ditch; some more work needs to be done but the horseback trails are done.  Brian Shaw sent a surprise e-mail saying that things were progressing along and he is looking forward to resolving this situation.  Sue will pay Bob Davis and will submit the bill to Brian; there will be two invoices; one for the ditch and one for the horse path.  She believes they are close to what Glen Builders has estimated for the work for the ditch.  Dave Miller noted it was $4200 for the ditch and he gave a verbal estimate on the horse path of $500.  Susan noted that is nowhere near what it will cost for the horse path; Brian will be surprised since she had to have Randy Davis’s excavator in there.  He has started to grade it then when that’s done he will bring in gravel; it will be loamed and seeded.  She also noted the big backhoe went through her fences.  Sue is very pleased with this new e-mail from Brian; although based on the previous estimate Dave mentioned she foresees a potential impasse about how much he’ll pay.  Engineer Phillips noted, based on his recollection, the initial offer from Brian was to build the ditch for $4200; Brian said “no” but always said he would take care of restoring the path; so maybe he will change his mind and pay for both the ditch and the path; the work looks good. Dave Miller gave his verbal estimate to Brian Shaw privately and there was no written quote from Miller regarding the horse path repair estimate and that Susan is unaware of this verbal conversation between Mr. Miller and Brian Shaw.
  • Building Permits - Andy Chalmers, Building Inspector
  • Scott, Timothy (Map V6, Lot 9) 3 Car garage with unfinished 2nd floor space  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the permit for Scott, Timothy (Map V6, Lot 9) 3 Car garage with unfinished 2nd floor space.  It was clarified that if there is any change to the unfinished space then this would have to come back to the Board; the permit will specify this is unfinished space.  There was no further discussion.  The motion passed unanimously.  
 
  • McKechnie, Joseph & Ginger (Map V7, Lot 72) Build dormer over existing garage  Selectman Thompson, seconded by Selectman Allen, made motion to approve the permit for McKechnie, Joseph & Ginger (Map V7, Lot 72).  There are no concerns with this permit.  The motion passed unanimously.  
  • B-J Transfer Station Dump Store  Transfer Station Manager John Edgerly sent a memo regarding the Dump Store.  The Board likes Manager Edgerly’s plan; if this is the best they can do, let them do it and see if it improves the situation.  Martha Benesh noted one of the issues is that people dump clothing; she believes there should be no clothes unless there is a known family in need; people should be using the Planet Earth bins for clothes.  Chairman Dougherty noted Manager Edgerly has a list of rules; the Board would like to see these put in place.  Selectman Thompson noted the Store has become a problem; the town doesn’t pay those guys to supervise dump pickers.  There are a lot of good things about the Dump Store but he doesn’t want to burden the workers with people management.  Selectman Thompson noted it’s surprising the number of people who remove items and then resell them; there are people who go up to the Transfer Station ten to twelve times a day to check.  Chairman Dougherty will work with Manager Edgerly on this and will also talk to Bartlett’s Selectmen about it.  Huntley noted there is a flow problem up there; it’s difficult to unload and it’s unsafe with people crossing the road.  Chairman Dougherty noted this plan calls for moving the Dump Store out behind the garage; that will alleviate some of the traffic congestion.  Jerry Dougherty feels it should be set up like the deli, take a number and wait your turn; he has seen a lot of people trying to back up there at one time.  While this would be difficult to manage it’s not a bad idea.  Martha noted there are a lot of folks from other towns dumping up there; the employees need to make sure folks at the Dump Store have stickers; they should be checking these when folks are dumping too.  
  • Request to rename Transfer Station Road to Hanson Road  The letter was read into the record; Office Administrator Falcey did a lot of follow up on this;  Mr. Hanson’s family is not opposed to this but would prefer it to be Hanson Road.  This will have to be alright with Bartlett.  There are other important considerations here; Selectman Allen is concerned with setting the precedent of naming a road after a family.  This could become an issue, like the memorial benches.  There will be a cost associated for the new sign.  If Jackson doesn’t agree then there’s no need to proceed.  The cost would be around $100 and the Post Office, DOT and 911 will need to be updated.  Selectman Thompson is not opposed although he hears some concerns.  Chairman Dougherty doesn’t mind; he will call Brenda (Bartlett Administrative Assistant) in the morning and ask for their Selectmen’s input.  Office Administrator Falcey noted the Board needs to determine if the taxpayers of Jackson should pay it or the person making the proposal for the sign charge.    
  • Abatement Request Map R14, Lot 7A  This is a memo from Town Clerk and Tax Collector Jeanette Heidmann; there were two properties with a single owner; a check was not credited to the outstanding balance so a notice and lien were issued when the account was actually paid in full.  She is requesting two abatements; one for $18 and the other is $18.50 for the lien.  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the abatement request for Map R14, Lot 7A.  The motion passed unanimously.    
  • Inventory of Taxable Property PA-28  Selectman Thompson, seconded by Selectman Allen, made a motion not to utilize the PA-28 Inventory of Taxable Property form.  Selectman Thompson asked what the point of the PA-28 is and was informed it’s a notice the town sends out to homeowners who then are supposed to send it back; it is to find out about improvements the town hasn’t been notified about.  It is a lot of paperwork.  There was no further discussion.  The motion passed unanimously.   
  • Mileage Reimbursement Check  This is on the agenda as the individual needed the income to pay their taxes; the Selectmen just need to sign it.
  • Public Comment  Paul Keane thanked the Board for the quick turnaround on his request for Wilson Road  work; he’s pleased to hear it will be repaved.  The Board noted this was all Road Agent Henry’s doing.  The $20,000 savings was put to good use.  
  • Board Issues  Selectman Thompson noted that folks are having difficulty hearing visitors to the Board when they are seated at the table; the camera gets their back; and voices don’t project back; it’s hard for those attending the meeting to hear.  Martha suggested there might be a better set up.  Chairman Dougherty has heard this complaint also and noted there had been discussion about trying to find an overhead microphone and sound system like at the Whitney Center but the decision was not to do that; it would be upwards of $1000 or more for a sound system.  The new microphone on the video is good, too; it’s folks in the audience that have an issue.  The Board encouraged people to let them know if they can’t hear the discussion.  Selectman Allen noted he is done with the school year; so he can help to expedite issues.  Chairman Dougherty noted the Board will discuss the Transfer Station at its next meeting; he wouldn’t mind someone taking that on.  Chairman Dougherty noted he has spoken with Bartlett regarding the Transfer Station agreement; they are not concerned with the lack of progression.
  • New Business  Chairman Dougherty noted the tire on the backhoe at the Transfer Station had thirty-five nails in it and was not redeemable; these are $1200 per tire and the joint account will be used.
  • Old Business
  • Board Policy  There is no new discussion on this topic tonight.
  • 2009 Impending deeds  The Board needs to take action on this now or at its first July meeting; waiting until July will allow folks another opportunity to pay.  Office Administrator Falcey noted it’s the same people who typically pay the day before finalization.  She reviewed the deeding process; in 1995 the Selectmen were given the authority to take deeded property until rescinded.  Selectman Thompson will not be in attendance in July but will review the RSA and provide his input to Office Administrator Falcey.  
  • Building Permit Application revision  Selectman Thompson asked if the Planning Board had discussed holding a joint session with the Board to discuss this; Selectman Allen noted they wanted to have another work session themselves.  At this Board’s Work Session the Board left it that the members hadn’t gotten to the Building Permit application revision; Chairman Dougherty wondered if the Board should discuss the short term revisions.  Selectman Allen wondered if Inspector Chalmers should be part of this discussion but Chairman Dougherty noted he would run the revisions by Inspector Chalmers.  The changes Chairman Dougherty envisions don’t involve Inspector Chalmers; it’s a matter of striking a few things that aren’t accurate.  He’d like to take these four or five points and address these for the short term then tackle the long term changes with another Work Session or joint meeting.  If the Planning Board is not prepared to move forward then this Board should continue forward with these changes as discussed; it is not a good time to wait for the Planning Board to be at a state of readiness.  Chairman Dougherty sent out an e-mail with his revisions; Office Administrator Falcey has that e-mail.  Chairman Dougherty reviewed these proposed changes.  Selectman Thompson liked the FAQ sheet that came from another town (Barnstead or Hampstead?).  The form should state specifically what folks can do on their own and what requires inspections or licensed personnel.  The Board wants to make this a user-friendly process.  Selectman Thompson noted the permit does not make clear what a project is; there should be an easy way to define this.  Huntley doesn’t consider the repair of a pipe a project.  One thing he is finding (three so far) is that water filter companies are coming in and they are piping directly to the septic; these need an indirect line so if it overflows it doesn’t go into the sink.  Huntley noted it’s in the directions from the company to tie it directly into the septic.  He’s concerned about not needing further follow up on these.  Chairman Dougherty noted that Jackson has historically kept to the $10,000 limit, however what one person considers a $9,000 job another person considers a $14,000 job.  Selectman Thompson feels the Board needs to define projects; the permit says all projects but means all projects over $10,000.  Inspector Chalmers can go through the book and say it does or doesn’t qualify as a project.  The Board would like to put something on page 7 (of the current document) that will help the public.  Jerry noted someone could do a minor project; they may not call and just do it; an electrician may say he can put this in.  Selectman Thompson wondered if folks doing a home improvement of $3,000 – $4,000 would understand they need to fill out a building permit application.  Chairman Dougherty noted this whole thing will be changed with the approval of the voters.  This has to do with this Board’s behavior.   Selectman Allen asked if the $10,000 exclusion will apply to commercial properties and Chairman Dougherty noted Jackson’s Zoning Ordinance exempts $10,000 whether it’s residential or commercial.  He believes this should be left alone at this time as it is not causing an immediate problem.  Selectman Thompson noted as long as the Board is committed to revising this at a deeper level then he has no problem leaving it in there.  Office Administrator Falcey noted that leaving it in there generates calls of inquiry.  The permit says inspections will be performed by the state; this will be changed to may.  Chairman Dougherty would like to see the whole last sentence struck.  The other sentence he wants to remove is the last one regarding permit fees; if someone is building a shed they do need a permit but just because the state doesn’t require it to meet state building code doesn’t mean the town doesn’t want to know about it.  Chairman Dougherty reiterated this is a short-term fix only.  On page 8 he recommends striking the note at the end; it’s unfriendly and has a punitive tone.  Selectman Allen suggests putting in that fines may be issued in accordance with the appropriate RSA.  He feels folks need to know that fines might be incurred.  Chairman Dougherty noted the town has an inaccurate document and he wants to make it accurate; the Board will consider these changes in draft form at its next meeting.  The Board needs to discuss on a broader level septic and site disturbance issues; at some point the Board needs to determine if it will require a plan or not before approval is granted.  Selectman Thompson is looking forward to addressing this at a separate work session.  The plan will be to meet on Thursday July 12th at 5:30 p.m. for ninety minutes prior to the Planning Board meeting.  Chairman Dougherty noted he did include an actual question regarding the minimum to put into the ballot for approval.  The Planning Board struggled over that.  The pertinent question is “what is the problem we are trying to answer?”  He has a document that addresses this and would like to submit it; if the Selectmen can’t agree on it then he would submit the document as a resident of Jackson.  He put this document together after the last meeting.  Selectman Thompson suggested the Board look at the document before the July 12th Work Session and to offer edits in the Work Session; it’s possible the draft could be ready for Planning Board’s meeting at 7.   Chairman Dougherty is hoping to achieve clarity by editing the document; if anyone has input to make it more user-friendly he is open to input.   Jerry asked if any of these documents are available for public distribution; Chairman Dougherty explained they are not available; these are drafts; since he created them he would release them but he’s not sure it would be of benefit to the public as they are not ready.  
  • Building Inspector Job Description  Chairman Dougherty noted there are Duties of the position versus a Job Description; the Board needs to decide what it wants to do as these are two separate things.  There needs to be a job description for Board policy.  There is a reason for this discussion; the town’s former attorney, its current Town Counsel and the LGC have told the Board to stop issuing permits and COOs and for the Building Inspector to do it.
 
  • Pending litigation (added)  Chairman Dougherty noted he spoke with Counselor Malia regarding the status of pending litigation; the case is still pending; until the Board instructs somebody to do something it is going to sit there open.  Counselor Malia can facilitate this but recommends the town use Rob Upton as he has the file.  This can be a one sentence instruction to close the case; it takes a motion from the board to do that; nothing will happen until the Board decides to proceed.  Huntley noted if this is the case he is thinking about an agreement written up by Rob Upton and Fay Melendy where the defendant agreed to have inspections.  Chairman Dougherty noted that is part of this case and that property is on the verge of having the inspections done.  A decision was made not to recover legal fees and costs.  Huntley noted that’s not right and said “Shame on you for that”.  Jerry believes this action was under the advice of counsel.  Chairman Dougherty noted he is not prepared to have further discussion at this time.  Huntley feels it’s inappropriate to not pursue fees and costs when somebody snubs their nose at the town.  Chairman Dougherty noted Huntley is not speaking factually; it’s not fair to speak things that aren’t true about other Jackson residents.  Huntley noted he takes offense when he has to follow rules and others don’t.  Selectman Thompson agreed this has been very sensitive and the Board has tried to navigate through this; the Board is trying to make sure folks don’t feel like someone can go by a different set of rules but it also wants to make sure somebody isn’t being persecuted unfairly; he noted the Board did have discussion about recouping costs and accepts Huntley’s criticism.  It was noted these discussions occurred before Selectman Thompson was on the Board; he noted he just wanted Huntley to know he is being heard.  

There being no further business the meeting was adjourned at 7:09 p.m.


                                                        Respectfully submitted by:

                                                        Martha D. Tobin

                                                        Recording Secretary