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Selectmen’s Board Meeting
July 5, 2012
Present: Jerry Dougherty IV, Chairman; John Allen, Selectman
Visitors: Office Administrator Diane Falcey, Police Officer Sean Cowland, Hank Benesh, Carlo Leoni, Richard Levine, Richard Thomas, Paula Thomas
Chairman Jerry Dougherty called the meeting to order at 4:30 p.m.
- Selectmen’s Meeting – June 21, 2012 Susan Chase has asked the Selectmen to amend the minutes (request attached); Chairman Dougherty agrees with some of it but some of the changes aren’t appropriate. The Board reviewed the appropriate amendments with Office Administrator Diane Falcey. Chairman Dougherty, seconded by Selectman Allen, made a motion to approve the minutes as amended. The motion passed unanimously.
- Public Comment There were none.
- Police Report Officer Sean Cowland reviewed Department activities since the last meeting; some items discussed included two domestic disturbance calls, one motor vehicle accident and one fire call. There were three reports of property damage, three false burglar alarms; there was one call at the Jackson Falls for someone with a hurt ankle; a report was taken of a lost welfare check; an assist was provided to the Bartlett Police Department; one loose donkey complaint and four bear complaints were received with one bear at the J-Town Deli and one at the Dana Place Inn. One large bear has been captured that is believed to be the troublemaker. A call was taken from a person who was concerned because the traps were closed in the day and were malfunctioning; that’s the way
they are set up so a bear won’t be trapped during the hot day. There were two guilty findings in court cases; there have been numerous public assists around town. Carlo Leoni would like to know what is done with the bears when caught. Officer Cowland noted any captured bears are going to a bear tech that works with them and takes them toward the Canada border for release. Carlo asked how many bears had been captured in the last six months; Officer Cowland knows of only one.
- Application for Parade Permit or Other: Covered Bridge Dance This is on the agenda so the Police Department will be aware of the information. Chairman Dougherty, seconded by Selectman Allen, made a motion to approve the parade permit for the Covered Bridge Dance on Saturday August 4, 2012. The motion passed unanimously. Once the permit is completed either Fire Chief Henry or one of the Selectmen will sign it.
- Richard Levine – 17 undeveloped Town owned Wildcat Townhouse PUD sites Richard Levine joined the Board; he has taken over the Wildcat Resort; these are building rights; the developer defaulted on the town tax bill; the town took back the building rights; Richard wants to know how to get them back. Ammonoosuc Survey reviewed the plan and there could be twelve to thirteen sites possible with the new guidelines; he wants to know what the town’s procedure is for selling tax-taken assets. Chairman Dougherty believes the only thing the town can do is either retain the rights or sell them at auction. Richard wants to know how to request these be put up for auction; he was informed any resident can make a request however he is engaging the Selectmen in this by coming to the Board. What the Board needs to do is have a detailed discussion; what it means to have the rights, what it means to sell them, what that looks like, what the Town wants to do with them and to include the Planning
Board, too. Richard asked if he also needs to have that request made by a resident but was informed the Board already has plans to discuss this. He was cautioned not to spend money on this project until the town knows what it will be able to do. Selectman Allen wondered if Town Counsel would be of any help on this and Chairman Dougherty noted Town Counsel and the LGC might be resources; he did some research on this when he joined the Board. He asked if he is correct that the only way to do it is to sell at auction. Office Administrator Falcey noted the Selectmen have authority to dispose of them as justice may require; she doesn’t think disposal is limited to auction. She noted it’s also been over three years so the town no longer has a duty to notify Temple Place and their right to redeem them terminates. Chairman Dougherty will look at the RSAs; the Board may be limited by the process. This will go on the next
agenda to discuss as a Selectboard; the Board needs to figure out the legal aspects of the land. This won’t happen quickly; the Board may have an answer for Richard by the fall.
- Building Permits – Andy Chalmers, Building Inspector
- Dickie, Kevin & Patricia (Map V1, Lot 44) Building Permit renewal Chairman Dougherty, seconded by Selectman Allen, made a motion to approve the building permit renewal as recommend by the Building Inspector. It was noted the work is almost done; it looks nice; they did a nice job. There was no further discussion. The motion passed unanimously.
- Thomas, Richard Trustee (Map V10, Lot 2) Proposed 3 bedroom home Chairman Dougherty, seconded by Selectman Allen, made a motion to approve the proposed building permit as recommended by the Building Inspector. There is a comment about the setbacks and Office Administrator Falcey noted the plan didn’t have the setbacks from Tin Mine Road on the diagram; Inspector Chalmers did the calculations and there is enough room on the property. Richard believes he only needs the fifty foot setback on one side as he is on a corner; Chairman Dougherty doesn’t believe that’s true but the setback is met on both sides. There was no further discussion. The motion passed unanimously.
- Garrison, Tim Trustee (Map R14, Lot 22) Bathroom renovations Chairman Dougherty, seconded by Selectman Allen, made a motion to approve the building permit as recommended by the Building Inspector. The motion passed unanimously.
- LaChapelle, Kip (Map V10, Lot 111) Certificate of Occupancy requested Chairman Dougherty has made his opinion known about Certificates of Occupancy (COO); Mr. LaChappelle says the insurance company has requested a COO so this was put on the agenda to let the Board decide. Chairman Dougherty could, theoretically, accept this but he won’t sign a COO as he doesn’t want to accept the personal liability for this. The insurance company can want a COO, that doesn’t mean the town has to provide one. Selectman Allen, seconded by Chairman Dougherty, for discussion, made a motion to approve the COO for Kip LaChapelle (Map V10, Lot 111). Chairman Dougherty noted Jackson’s Zoning Ordinance says single family homes do not require COOs and the Selectmen
should, under no circumstances, be signing them; the Selectmen put themselves and the town in jeopardy by doing that. If there were an accident or building failure the people could sue the town or the individuals claiming to have the authority to issue COOs, i.e. the Board. If the Board doesn’t have the authority to do it then the Selectmen may not be covered under the law. Selectman Allen believes if the building fails the contractor would be liable. Chairman Dougherty noted that for the town and himself, he won’t support this. This is the number one argument for why the town should go through the process of adopting the authority; the legislative body has not given the Selectmen the authority to issue COOs; the request is well-intended but the Board would put the town in jeopardy by doing so. There was no further discussion. The motion failed 0-2-0 (Dougherty, Allen). Chairman Dougherty noted the Board can have a
deeper discussion on this; as far as COOs for other building occupancies he would strongly recommend the Selectmen authorize Jackson’s building inspector to do that.
- 2011 Assessment Appeal Review Chairman Dougherty noted Assessor Jason Call offers good input on these; the Board can accept these as recommended or not as a group. Mr. Leoni would like to discuss his assessment (agenda item g).
- Scott, Timothy (Map V06, Lot 9) Recommended $437,000.00
- Cyr, Robert (Map R14, Lot 7A) Recommended $889,500.00
- Cyr, Robert (Map R14, Lot 5VV) Not recommended
- Dambrie, Fred (Map V06, Lot 31-A4) Not recommended
- Olde Jackson Village Inc. (Map R14, Lot 5) Recommended $1,558,500.00
- Kane, John & Christine (Map V03, Lot 36) Recommended $116,900.00
- Leoni, Charles & Dora (Map R08, Lot 9-C01B) Recommended $201,400.00 The abatement is recommended to be 201,400.00, which is a reduction of $7,000; the Board typically accepts the recommendations however the Board does have the ability to deviate from the recommendation. Carlo looked at the Assessor’s report; he takes issue with this; the value is not realistic; it’s not what is going on in today’s market. Carlo noted a similar unit down the road from his unit was for sale at $137,000; the owners couldn’t sell it so they took it off the market. Carlo doesn’t think his property is worth this. The proposed value of the sale would not be worth more than $150,000 based on what has been happening in the real estate
market. Chairman Dougherty asked if Carlo understands that Jackson’s rates are at about 117% of what a property’s market value would be; all the homes are overinflated to market; the Selectmen take that into consideration when they consider abatements. All the properties in town are being assessed at about 17% more than market; the Board could lower everyone’s property value by 17% and increase the tax rate. The Board isn’t looking to abate to market value; Jackson is on a five year plan to reassess unless there is a building permit application or abatement request. Carlo noted this doesn’t reflect the market; it’s also way over 117% when the Assessor comes up with a number of $201,000. He asked when the next five year reassessment will be and Office Administrator Falcey noted that will happen in 2014. Carlo believes the situation calls for looking at these values again. Chairman Dougherty noted the real
value of Carlo’s home is $172,000; Assessor Call noted units in Carlo’s building have historically sold for higher than others like it. That’s the data the Board is going on; the Board recognizes its value is about $172,000 but all properties are at 117% of assessment and the Board has held to that. Carlo noted that puts the owners between a rock and a hard place. Chairman Dougherty noted the Board agrees the whole town is overvalued however that doesn’t affect what Carlo will pay out-of-pocket; if the Board adjusts values then the tax rate goes up. The difficult part for the assessor is that Jackson doesn’t have a lot of sales to pull data for; some are bank-owned, forced, short-sold or a motivated seller. Carlo says his assessment should be $150,000. Jackson’s assessor says $172,000; Chairman Dougherty thinks the $172,000 is a solid value. That doesn’t mean Carlo can sell his unit for $172,000
now. Carlo noted when a property is put up for a lower price that reflects what is happening in this market; owners pay taxes that don’t reflect the value of what’s there; folks won’t come out of this situation without an adjustment. Chairman Dougherty noted the town can only do all houses at one time so it’s done once every five years; the 2014 assessment will be based on the 2013 market. Chairman Dougherty feels $172,000 is a fair market value. Carlo disagrees; the $25,000 would make a difference on his taxes and would be more toward the real value. Selectman Allen asked if the assessment value has gone up and Office Administrator Falcey noted everyone’s went up in 2009; the decline didn’t catch up until 2011; Jackson is due in 2014 for reassessment. Carlo noted owners are penalized by having to wait to 2014. Chairman Dougherty reminded Carlo this is true for everybody in town; Carlo noted hurting
everyone doesn’t make it right. Chairman Dougherty reiterated Carlo’s out-of-pocket wouldn’t change; the town would get the same amount of money. Abatements allow the Board to recognize the system isn’t perfect; the Board looks at how the property compares to others like it; Chairman Dougherty agrees with the $7,900 abatement; he supports Assessor Call unless evidence is presented to prove he should do otherwise. He isn’t a real estate agent; he has to rely on the professional; Assessor Call puts a lot of work into the abatement requests that come before the Board; there is no indication his work is not of top quality. Carlo noted the only defense he has is that his neighbor tried to sell a similar home at a much reduced price and it wouldn’t sell. Chairman Dougherty noted that’s why assessing isn’t an easy task. Office Administrator Falcey noted assessing is not an exactitude, it is an
approximation. Chairman Dougherty noted the baseline is 117% of market value; inside that 117% there are homes above and below that; what is fair for the town and Carlo is the recommended abatement to $201,400. Selectman Allen agrees.
- Lester, Susan (Map V02, Lot 10-23C) Not recommended
- Manero/Bridge/Pinciaro (Map V08, Lot 219) Recommended $282,000.00
- Michaud, Robert & Julia (V02, Lot 10-14A) Not recommended
- Pimental, Wallace (Map V10, Lot 123) Not recommended
- Richardson, Paula & John (Map V03, Lot 18) Recommended 133,900.00
- Stam, Allan & Kathleen (Map R12, Lot 100-C) Recommended $430,000.00
- Tompkin, Frederick Jr. & Pamela (Map V04, Lot 34-2) Not recommended
Chairman Dougherty, seconded by Selectman Allen, made a motion to accept the abatements as recommended by Assessor Call and presented tonight. The motion passed unanimously.
- Report of Cut: Garland Lumber Co. (Map R04, Lot 57AI-THAN Unit #1) 11-231-08 Selectman Allen, seconded by Chairman Dougherty, made a motion to approve the report of cut. The motion passed unanimously.
- Public Comment There were none.
- Board Issues There were none.
- New Business
- Implementation of Bartlett-Jackson Transfer Station Agreement Selectman Allen went to the Bartlett Selectmen’s meeting on Friday; he did a chart of what Jackson offers (for a benefit package) and what Bartlett offers. He will run it by Manager John Edgerly to see how he feels about it. Jackson is trying to move forward; while the employment package is not finalized the options are down on paper and he believes this can move forward from here. Chairman Dougherty thanked Selectman Allen, noting he tied it up really well. Resolving this issue and settling up for the 2011 and 2012 budget are the outstanding issues. He mentioned to Bartlett Selectmen’s Chair Gene Chandler that Jackson’s Selectmen want to schedule a meeting with Bartlett to close the deal. The transfer of
employment is for Jackson to figure out. Chairman Dougherty believes the Board needs to have a Non-Public session to discuss the details at the next meeting if the information is available then. Regarding the budgetary aspects, Chairman Dougherty will sit down with Office Administrator Falcey and Brenda (Bartlett’s Administrative Assistant) to see what the numbers should look like for 2011. Once the Board gets those numbers and calculates 2012, the Board can set up a meeting with Bartlett.
- Board Policy There is nothing new on this at this point in time.
- 2009 Impending deeds: Chairman Dougherty is not sure if the Board is ready to move on these. It was noted the First Boston Parcel is Dana Place Inn and the town does not want to take on running a Bed & Breakfast. Town Clerk Jeannette Heidmann is confident that most of the folks on this list will pay with the exception of one of the last ones on the list. For that property no response was received; apparently the individual has passed away as has the attorney and no heirs have come forward. Both of the last two properties would be difficult to sell; one is a quarter acre and is landlocked; it abuts the river and most of the property is in the floodplain; the other parcel has similar problems; it would be marketable to an abutter and it may be the same thing with the other
property. There is not much money owed; she thinks one property is valued at $400 and the other is $2000; there is not much useable land except to an abutter. If the town takes it by tax deed it has to allow three years for the property owner to redeem it but could also within the three years put the property up for auction with a notice to the property owner giving opportunity to redeem prior to selling. The property that is third from the bottom is involved in bankruptcy so Jackson can’t take that deed. The Board could move ahead to deed these properties if the bill is not paid by the next meeting or wait until its July 19th meeting. Office Administrator Falcey asked the Board to review the conditions of the property card for one of these; it has a dirt floor and is occupied; the garage is caved in. She asked the Board to think about the liability; could the town sell it “as is” and if the property is occupied
and the town takes it then the individual would be homeless. Chairman Dougherty, seconded by Selectman Allen, made a motion to take the Corp of Boston Development rights (Map R04, Lot 000005, sub 1-10). The motion passed unanimously. The Board agreed to table the balance.
There being no further business the meeting adjourned at 5:42 p.m.
Respectfully submitted by:
Martha D. Tobin
Recording Secretary
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