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Selectmen’s Board Meeting
December 20, 2012
Present: Jerry Dougherty IV, Chairman; John Allen and Bob Thompson, Selectmen
Visitors: Office Administrator Diane Falcey, Police Chief Karl Meyers, Fire Chief/Road Agent Jay Henry, Building Inspector Andy Chalmers, Mary Canty, Hank Benesh, Gino Funicella, Jerry Dougherty, Kathleen Dougherty, Bill Wogisch
Chairman Jerry Dougherty called the meeting to order at 4:30 p.m.
- Non-Public Session – October 4, 2012 The Board did not approve these tonight.
- Selectmen’s Meeting – December 6, 2012 The minutes were approved as written.
- Public Comment Gino Funicella was looking at the minutes from October 18th and November 15th regarding the complaint against the Moderator. Gino noted he was involved that day and he feels the Moderator wasn’t being totally forthcoming during his discussions with the Board. Gino was informed this will be on the agenda for discussion for either the January 3rd or January 17th meeting.
Gino has two other things to bring up; there has been a policy change regarding minutes for the Non-Public Sessions; he is concerned as employees that would normally be on site and the minute-taker are being excluded and Chairman Dougherty is handling the minutes; Gino is concerned it’s difficult for a person to be sure they are not going to leave things out that might be pertinent at another time. He urged the Selectmen to at least have Martha in the room to take minutes to prevent discrepancies.
Gino’s other concern is that in the past if someone, say a neighbor, saw someone building without a permit or a building being worked on it was reported to the Selectmen and the Selectmen would look at it and decide if the Building Inspector needed to look at it. Gino believes that now if someone sees anybody doing anything they are to contact the Chairman not the Building Inspector or one of the other Selectmen; that leaves things open for the possibility that it doesn’t look right. Chairman Dougherty is not sure where Gino came up with that; anyone can call on non-permitted work for the Board to handle. Selectman Thompson noted the Board does not want all citizens to have the power to send Inspector Chalmers here, there, and anywhere to do work; the Board wants to make
that determination. Gino noted if it’s not the Chairman doing this on his own, that’s fine. Chairman Dougherty explained that the Selectmen weren’t part of the process; Inspector Chalmers was presenting information to the Board; now concerns will go to the Selectmen then go to Inspector Chalmers if follow-up is needed. Selectman Thompson also noted the Board will not accept any anonymous complaints; there needs to be a name involved with any complaint; it does not necessarily have to be in writing. Fire Chief Henry noted he does this when complaints come in to the Fire Department; if it is not in writing there is no complaint.
Chairman Dougherty noted he is going to try to keep the meeting inside two hours tonight; when looking at the budget pieces the plan is for the Board to look at the initial figures and then discuss details at the Budget Hearing and the January meetings; he will not be fielding any questions regarding the budget from the audience tonight.
- Police Report Police Chief Karl Meyers reviewed Department activities since the last meeting; some items discussed included a call from a woman who was locked out of her house; a call regarding gunshots by Tin Mine Road; Officers located some hunters. Three residents were fingerprinted for job purposes; there were eight false burglar alarms; Officers assisted the Ambulance with an elderly female who had fallen; a call came in from a restaurant about some guests who saw flashlights outside around 2 a.m.; nothing was tampered with. A call came in at 2 a.m. for a suspicious vehicle; a camp was broken into; a tractor trailer truck needed a tow truck. There was a report taken of theft of an Ipad from a vehicle. Officers assisted the Ambulance with an elderly person with chest pains and also
assisted the Conway Police Department with serving a subpoena; there was a minor motor vehicle accident; a report of a skunk under a porch deck was handled by the ACO; Chief Meyers had a meeting with school staff regarding safety issues and how the Grammar School could better address the safety of the kids and the building.
- 2013 Police Department Budget There is an increase of a little over $4,000 for a total budget request of $320,881; the increase represents a $2450 increase in the line for part-time wages and the increase for the NH pension line. Chief Meyers is doubling the amount for the Cruiser Capital Reserve Fund because the town only put $10,000 in it last year and in the spring of 2014 the ‘09 Cruiser will be rotated out. The town needs to make sure the money is there when it’s needed. The amount was originally $20,000 but that was knocked down a few years ago with special warrant articles to raise the balance. Office Administrator Falcey noted the balance in the Cruiser Capital Reserve Fund is going to be $17,000 at the end of the year; if the town raises another $10,000 in 2013 and $10,000 in
2014 the Fund should make the necessary figure; Chief Meyers agreed if the current balance of the Fund is $17,000 then he would recommend $10,000.
Road Agent Henry would like to talk about a fuel (gas) tank for town car use; he’d like to use funds from the Maintenance of Town Property line and go through Jesse Lyman for that. Chairman Dougherty has discussed this with Chief Meyers and Road Agent Henry; he wants to look into it more. Road Agent Henry noted the Police Department will have more use out of it but he doesn’t see much disadvantage to it; it would be an advantage to everyone including Office staff; they would use a card system to track use. It will cost about three to five thousand dollars to set up a tank. It was noted the card system is expensive; Inspector Chalmers suggested Road Agent Henry might want to talk to the folks at LADrew; they have a key system that was less expensive.
- Penny Miller – Part-time police officer questions Penny Miller contacted the Selectmen, sending the following e-mail to them:
- I would like to express my concern regarding the hiring of a part time police officer. I read the minutes and was surprised to learn that a decision was made to hire a specific person during the meeting for a position that had not been advertised and made available to public applicants.
In short, I am dismayed to hear that the town did not advertise the position, accept applications, conduct interviews and hire the most qualified person for the position. I understand that the position has limited hours, however I question whether the town should conduct open hiring processes for any town employee position. For complete understanding and acceptance, the public may want to hear how and why the process proceeded as it did.
Other thoughts: In the future there is certainly a possibility that a full time position may open up. Will the town feel obligated to shift the this (sic) part time position to the full time position? Or, if the town does conduct interviews, will the town feel obligated to current employees over applicants?
I understand that Lauren Synott has been hired and I feel that it would helpful (sic) to post her job description so that the public better understands the position’s responsibilities. Also it would be helpful to have a timeline showing the training progression in relation to those responsibilities. For example, at what point in her training will she be able to patrol on her own?
Thank you for letting me voice my concerns.
Penny Miller
Chief Meyers noted Penny approached him this morning and he was able to explain the line of thought and the process that led to Lauren’s hiring; she may not have had all the information and he was able to answer a lot of her questions. Selectman Allen asked if the town has to advertise openings; there may not be a law requiring advertisement but it certainly would be a good practice to advertise open positions. Chairman Dougherty noted if the Board had been talking about a position that was significant then this hiring might have had a different process behind it; he has no concerns with the position not being advertised; there will be more discussion about this in March.
Bill Wogisch noted Chief Meyers is adding more expense to the Department; he was informed Lauren is replacing the current part-time Officer; he’s not adding more expense to the Department. Selectman Thompson noted by hiring Lauren, who can provide the part-time hours the town needs, the town now has someone who will be able to perform the essential duties of the job which will allow Chief Meyers to meet some of his other responsibilities; the Board doesn’t want people to think this has been a less-than-open and transparent process here. Chairman Dougherty noted that while this process resulted in the best candidate he feels in the future the position should be advertised first no matter what. Bill feels it is best to hire someone already known to the town.
- 2013 Highway Budget Road Agent Henry has been discussing the budget with the Board over the past couple of meetings; review is on-going and he’ll have more updates for the next meeting.
- Pole Location Plan Road Agent Henry noted this involves three to four poles on Tin Mine Road; right now the power lines run through the woods and they are now going to be put up along, just behind and deeper than the existing poles as Tin Mine needs deep ditches to drain; the town had an issue with a telephone pole that he was afraid would fall over. Additionally, there are a bunch of dead trees up there that the town ought to think about getting rid of before the poles go in. These may be taller as the telephone line has to be at one height while cable and electric are at another. The timeline for this would be Spring 2013. Road Agent Henry suggests the Board sign this and get it done; the town can’t necessarily stop them from doing it; if they don’t do it the
way it was discussed; it’s part of the paperwork. Selectman Thompson, seconded by Selectman Allen, made a motion to approve the pole location on Tin Min Road. The Board members discussed the pole locations and reviewed the plan; there was no further discussion. The motion passed unanimously.
- Fire Chief – 2013 Fire Budget Fire Chief Henry noted the budget is basically the same; nothing has changed except for an increase to wages. Operating expenses dropped because he added a line item for training; that used to be in the operating expenses. The figure for training has been high as he had folks doing Firefighter I & II; he has three thousand in the line for training; some years the expenditure has been as low as $500 or as high as $3,000; the rest of the budget is staying the same. The Fire Truck Capital Reserve Fund will have almost all the money needed if the town keeps putting $50,000 in there. Operating Expenses are down; it’s been an easy year. Regarding Fire Wages, Chief Henry noted the hourly wage has not increased as long as he has been here;
he’s trying to boost it a few bucks an hour for a few people so if folks leave work to respond it’s close to replacement of their wages lost there. There have been longer lasting calls; forest fire calls were up four hundred percent; the reimbursement on that is not reflected in the 2013 budget. That reimbursement doesn’t go against the Fire budget; it goes into a revenue account for reimbursements for Fire; Chief Henry noted it’s sucked out of wages then given back to the taxpayers when it’s reimbursed. Chief Henry noted he’s tried to figure out why the payroll has gone up when calls have gone down; there are so many different factors. Chairman Dougherty quipped that as long as Chief Henry can explain it to folks at the meeting he’s all set. In a nutshell, for $172,000 with twenty-five employees who are properly trained and showing up, it’s a good bang for the buck.
- Transfer Station – 2013 Budget The budget is incomplete as it has no wages; Chairman Dougherty will work with Bartlett to finish this; the split is 25/75 so a quick estimate is $90,000 –$100,000; Chairman Dougherty will verify this. There may be more in-depth discussion on this at the January 3rd meeting. Selectman Thompson asked when this budget will be complete; Chairman Dougherty will have more solid numbers by the 3rd; Bartlett’s Selectmen usually meet on Friday mornings; one-hundred-fifty thousand dollars for three employees would add about $38,000 to Jackson’s share; the bottom line figure is a little over $100,000.
- Town Clerk/Tax Collector – 2013 Budget There is a $2300 increase but it’s not a true increase; the budget gross appropriates money Jackson collects for the state and sends to them; Jackson writes a check to the state so it has to be charged to a line; this used to be in “due to other towns” which was outside the budget.
Selectman Allen asked if Office Administrator Falcey got anything from the Ambulance; she has not; she will contact Sue Gaudette. $5000 is appropriated for the Ambulance, however, Selectman Allen noted that will be going up as the Service isn’t getting Medicaid reimbursements on time. There have been no joint meetings scheduled.
- Building Matters – Andy Chalmers, Building Inspector
- McAndrews, Thomas & Catherine (Map V2, Lot 42) Water damage repairs Building Inspector Chalmers recommends this; the plumbing let go and there was a lot of damage. Selectman Thompson, seconded by Selectman Allen, made a motion to approve the permit for McAndrews, Thomas & Catherine (Map V2, Lot 42) for water repairs. The motion passed unanimously.
- Red Fox Bar & Grille proposed sign Inspector Chalmers noted this conversation is going to go beyond just the Red Fox sign; Inspector Chalmers gave Mr. Mallet the sign ordinance and there is a question from his contractor regarding how Jackson measures the sign; is it the aggregate area, the rectangular area around the sign or the writing area; it just says it can’t exceed thirty-two square feet. Jackson doesn’t have a sign permit; signs have been handled as a building permit in the past such as when Fairpoint took over Verizon they submitted a building permit for the sign change. Chairman Dougherty noted the town doesn’t have a sign permit, maybe the town should have one to make sure what folks are doing is permissible. This one appears to be within the same
square footage they have. There is a building permit out there already; as that information comes in it is operating under the same permit. Previous Boards have handled signs with a building permit application; a lot of other towns have their own sign permit; it might be helpful to have one for the town to provide one; it is not uncommon to have a separate application process. Chairman Dougherty thinks the Board should tell the Red Fox it is okay with the sign and task the Planning Board to review Jackson’s sign ordinance and develop a plan for permitting; Jackson’s sign ordinance is unconstitutional; the town has gone through the legal process with those signs that are outside the ordinance. There is one section for on-premises signs and another for off-premises signs; if the town has a different set of rules then the town is controlling what can be said on the sign. The Planning Board has to review and propose amendments to make it legal. Selectman Thompson is fine with the
sign; the Board doesn’t have teeth to do anything now. Inspector Chalmers reminded the Board they are not allowed to interpret; they are charged with the literal enforcement of the ordinance; Chairman Dougherty disagrees noting the Board members have to interpret the ordinance to enforce it. Selectman Thompson asked if the Board is to approve this or is it just an FYI. Chairman Dougherty noted it’s not up to the Board to approve this because the Board doesn’t have a process to do it; there is not an established policy. Inspector Chalmers is asking the Selectmen to decide; Chairman Dougherty noted that is where the decision belongs; Inspector Chalmers is a building inspector the Selectmen hire to help with building issues, he is not the Jackson building inspector. Selectman Thompson thinks the Board should make a motion so that it is on the record as being approved through the Selectmen; he’d like to lock in the decision for this
presented plan. Selectman Thompson, seconded by Selectman Allen, made a motion to approve the Red Fox Bar & Grille proposed sign as presented with 31.4 square feet of signage area. The motion passed unanimously. Bill Wogisch wants to know the total square footage of signage on the property; Chairman Dougherty noted it’s not clear what is outside of the support structure; Bill wants to know about other signage on the building; is the 31.4 square feet the total allowed? Chairman Dougherty noted that’s the issue the Board has; Jackson has a bad ordinance that needs to be corrected; he is not against approving the sign but someone could put up a 20’ x 20’ sign or lots of signs on their property.
- George Howard (Map R19, Lot 10) Refund request of Building Permit fees The Board is looking for Inspector Chalmers’ feedback on this; Inspector Chalmers noted that George was really good when this process started; he called in; there were rain delays and George was great about contacting Inspector Chalmers; then Inspector Chalmers was out on another site on Carter Notch Road and a concrete truck went by; he went up to the property and they had already poured the footing and set the supports for the garage. This was supposed to be inspected before the concrete was poured; he’s supposed to inspect several times throughout the process and inspections were missed until Inspector Chalmers got a call for the final inspection. There is no issue meeting the zoning ordinance but because
Inspector Chalmers didn’t perform the inspections he can’t sign off that it is good because he would be liable. George’s position is that because Inspector Chalmers won’t sign off George wants money back. Inspector Chalmers noted George did not notify him of new dates for inspection just for the final inspection at which time there was nothing for him to look at. This is not an attached garage; it’s free-standing so Inspector Chalmers is not worried about Life Safety or the vehicle catching fire; no one will be inhabiting the building but Inspector Chalmers can’t take the liability for saying it’s good. The Board will send Mr. Howard a letter explaining that Jackson doesn’t issue a COO; there isn’t anything to complete. There is no need to do a final inspection; the building is complete and the permit is finished. Chairman Dougherty noted the Board shouldn’t be looking to reimburse the
fees; this will need to be brought up for broader discussion. Selectman Thompson believes the letter to George should acknowledge there were weather delays and that notification of milestones didn’t come through in time for the Building Inspector to do inspections; Selectman Thompson will draft a letter for the Board to review. This is a precedent; this is the first time the Board has discussed the refund of fees coupled with the issue of no inspections. Selectman Thompson and Inspector Chalmers can exchange emails regarding the language for that letter and he’ll have a draft at the next meeting.
Selectman Allen asked if a new ordinance is passed and this situation rose again would the owner be obligated to take the building down in order for the building inspector to make those inspections; Inspector Chalmers noted that wouldn’t be the case; he’s just looking for more teeth in the ordinance; this is the first time Inspector Chalmers hasn’t had calls for the inspections. Most of the builders used in Jackson are aware of the need for inspections; that is not so much the case with homeowners. The building permit process does say “these” are the inspections that are called for. Selectman Allen asked if the owner circumvents the system would the structure come down if proper procedures weren’t followed; Inspector Chalmers doesn’t think that
would be the case for a garage but if it were a larger structure then he would tackle a violation notice immediately. Most builders are good at contacting Inspector Chalmers; as are homeowners; there are six inspections needed. George wants money refunded as there was no final inspection; the Board will give George its response and let him respond.
Bill thinks the best way to resolve this is to put the responsibility on the contractor to get the permits; the contractor should bear the brunt of the fines. The builder has no right to build without a permit; the contractor is familiar with the rules. Bill wondered if a fine would be the proper course for not getting the proper inspections; Inspector Chalmers noted that is a good question; maybe Jackson should do what Conway does and register contractors; contractors would get a packet of what’s expected and the information is on the building permit application. Selectman Allen thinks that is a good idea. Chairman Dougherty noted the town should have a “what to expect when you are building in Jackson” document with a step-by-step process; the Board needs to
have a work session on this; preferably before the Public Hearing.
- Grant Cate (Map R8, Lot 21) Installed outhouse, generator shed and permanent 37’ mobile travel trailer Chairman Dougherty would like to know how Inspector Chalmers became aware of this; Inspector Chalmers noted the process started a couple of years ago, Linda Dresch had received a complaint and asked Inspector Chalmers to look at it. The permit was denied based on it being a travel trailer inside the Village District. Chairman Dougherty noted that nowhere can he find where the town of Jackson voted not to allow travel trailers in the Village District. The wording changed over the years, not by vote of the people but through housekeeping. The Ordinance originally stated that businesses used primarily for tenting or travel trailers were not allowed in the Village District not that a mobile home
wasn’t allowed in the Village District; the town never voted to say trailers are not allowed in the Village District. Bill asked if this is a mobile home or a travel trailer; it’s a camper up on blocks. Bill also wants to know what is being done with the sewerage. Chairman Dougherty recommends having Engineer Phillips go up there to investigate what’s going on. This has been there for a while; it’s an encampment with a couple of storage trailers; it already exists. The outhouse regulations are clear.
Selectman Thompson wonders why the Board is even looking at this if it’s allowed. This is before the Board because the town got a building permit application from Grant Cate; he’s been asked for one for four years. Chairman Dougherty reiterated mobile homes/travel trailers are allowed so the Board can’t deny the permit based on that. The Board needs to get Engineer Phillips up there regarding the septic plan; pit privies are allowed but they must be inspected by the health inspector before they go in. Selectman Thompson wants to know why there wasn’t a Cease & Desist order put out on this; he was informed the previous Board wanted to work with Grant for the building permit; this property has been like this for years; the most recent call on it was early
last summer. This is a thirty-seven foot travel camper that was last registered in 2006 so that’s when it was put up on blocks.
Inspector Chalmers noted this situation also brings up the question of what the town considers a structure; there is nothing in the state building code that says this is a permitted building; additionally this is no longer a camper; it’s not inspected and it’s not wired; the generator is too close to it. Inspector Chalmers noted Mr. Cate is a very nice guy he just needs some guidance. Previous Boards of Selectmen have been aware of this for years.
Chairman Dougherty believes the first step will be to get the septic and generator shed reviewed. Bill noted this is a travel trailer; he wants to know why the septic isn’t in the confines of the trailer; Chairman Dougherty noted it doesn’t matter; it’s outside. The Board might have erred on how it denied the permit but now needs to get Engineer Phillips up there. Inspector Chalmers wants to know if the town is going to want to get a building permit for the other structures he has up there; are the storage trailer considered structures. Chairman Dougherty noted the town doesn’t have an ordinance against storage trailers; they are permitted and there are no required setbacks on the books. If folks want to have something on the books then the Planning
Board needs to generate it.
The owner is only up here in the summer; it’s hoped that Engineer Phillips can get up there between now and next meeting.
Mr. Cate is going to the ZBA because the Selectmen denied the building permit application. If the Board reconsiders and approves this permit there is no reason to go to the ZBA. Chairman Dougherty noted he is not going to approve this until he sees septic information. Selectman Thompson noted this Board cited an ordinance for the denial and now is second-guessing the meaning of 4.3.2.2 which doesn’t cover the situation up there. Chairman Dougherty agrees that’s the case which is why the Board is discussing this. He’s not going to approve the application until Engineer Phillips reports back. Inspector Chalmers noted Mr. Cate has been in contact; he’s a nice guy, he’s just not getting the paperwork done. The Board could consider the
application incomplete.
Selectman Thompson, seconded by Selectman Allen, made a motion to rescind the denial on the building permit for Grant Cate (Map R8, Lot 21) Installed outhouse, generator shed and permanent 37’ mobile travel trailer and consider the application incomplete. Inspector Chalmers noted the town will be getting information on the generator and the outhouse; he wants to know if the town needs to get any information on the camper; is the town going to permit the camper as a structure. Selectman Thompson noted if there is not language in the town’s ordinance then the town needs to craft it but for this instance there is nothing in the Zoning Ordinance that covers this. Inspector Chalmers doesn’t know if makes sense to go to the ZBA to clear this up.
Chairman Dougherty noted the Selectmen are a precedent-setting board where the ZBA is not; he’s going to move forward on this. Bill feels this should go to the town’s attorney; what’s to prevent one of these in the center of town. It was noted Mr. Cate is looking at building a home on that lot so this is short term. The generator makes this a Life Safety issue. There was no further discussion. The motion passed unanimously. Office Administrator Falcey will draft a rescind letter and send it to the ZBA so they know they do not to have to go through the process.
The Board agreed to meet again on Thursday December 27th to finish discussing tonight’s agenda. Chairman Dougherty noted that once the Board gets past two hours in its meeting he wonders how intelligent the decisions are that the Board is making; he’d like to shorten the meetings and have them more often; the Board will meet more often when there are agendas like this. The Board discussed recessing versus adjourning the meeting. The Board will complete agenda items 9, 10, 11 and 12 tonight.
- 2012 Equalization Municipal Assessment Data Certification Selectman Allen, seconded by Selectman Thompson, made a motion to approve and sign the 2012 Equalization Municipal Assessment Data Certification. The motion passed unanimously.
- Budget Hearing Date: February 7, 2013
- Alternate date: February 14, 2013
Office Administrator Falcey noted these dates are driven by statute; the second date is recommended in case there’s a storm or continuation; both dates will be noticed. Selectman Thompson, seconded by Selectman Allen, made a motion to set the Budget Hearing date for February 7, 2013 with February 14, 2013 as the alternative date. The motion passed unanimously.
- March Elections March 12, 2013 polls open at 8:00 a.m. to 7:00 p.m. Selectman Allen, seconded by Selectman Thompson, made a motion to set the March Elections for March 12, 2013. The motion passed unanimously. It was noted the Town Meeting will be March 14, 2013 starting at 7 p.m.
- Timber Matters
- Timber Tax Levy – Garland Lumber Co. (Map R19, Lot 1) WMNF THAN Unit #19 Intent to Cut 12-231-06 Selectman Thompson, seconded by Selectman Allen, made a motion to approve the Timber Tax Levy – Garland Lumber Co. (Map R19, Lot 1) WMNF THAN Unit #19 Intent to Cut 12-231-06. The motion passed unanimously.
- Timber Tax Levy – Garland Lumber Co. (Map R19, Lot 1) WMNF THAN Unit #18 Intent to Cut 12-231-05 Selectman Allen, seconded by Selectman Thompson, made a motion to approve the Timber Tax Levy – Garland Lumber Co. (Map R19, Lot 1) WMNF THAN Unit #18 Intent to Cut 12-231-05. The motion passed unanimously.
- Timber Tax Levy – Garland Lumber Co. (Map R4, Lot 5A1) WMNF THAN Unit #20 Intent to cut 12-231-02 Selectman Allen, seconded by Selectman Thompson, made a motion to approve the Timber Tax Levy – Garland Lumber Co. (Map R4, Lot 5A1) WMNF THAN Unit #20 Intent to Cut 12-231-02. The motion passed unanimously.
Selectman Thompson, seconded by Selectman Allen, made a motion to adjourn at 6:37 p.m. The motion passed unanimously.
- Jane Sanders Searches – 2013 Title Search Service Agreement
- Worker’s Compensation Law – Notice of Compliance
- Jackson Chamber of Commerce – Thank you Letter
- Public Comment
- Board Issues
- New Business
- Old Business
- Non-Public Session – RSA 91-A:3 II(e) Elder Exemption Application
- Non-Public Session – RSA 91-A:3 II(a) Personnel Matter
Respectfully submitted by:
Martha D. Tobin
Recording Secretary
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