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Jackson Selectmen’s Meeting
March 7, 2013
Present: Jerry Dougherty IV, Chairman; John Allen and Bob Thompson, Selectmen
Visitors: Administrative Assistant Ella Cressy, Police Chief Karl Meyers, Moderator Willis Kelley, Mary Canty, George Howard, Larry Seibert, Martha Benesh, Susan May, Kathleen Dougherty, Jerry Dougherty, Bill Lockard
Chairman Jerry Dougherty called to order at 4:30 p.m.
- Selectmen’s Meeting – February 21, 2013 The minutes were approved as written.
- Selectmen’s Meeting – February 28, 2013 The minutes were approved as written.
- Non-Public Session – February 28, 2013 Chairman Dougherty noted that when the Board make a motion to seal these minutes they also approved them. This Session was held to discuss the hiring of a public employee.
- Public Comment Administrative Assistant Ella Cressy noted the Town Reports have come in and will be available at the Office; she will also take some to the elections on Tuesday. Kathleen Dougherty was thanked for picking them up.
- Police Report Police Chief Karl Meyers reviewed Department activities since the last meeting; some items discussed included a dog bite handled by the Animal Control Officer; two motor vehicle accidents on Switchback (one included drugs being found in the vehicle and the owner being arrested), a tractor-trailer broken down in the Notch, a 911 call for a Carbon Monoxide detector going off and two false burglar alarms. The DOT reported some signs stolen on Route 16; there was a complaint of a parked car in a cul de sac during a snowstorm; the vehicle had no plates and the Department couldn’t get ahold of the owner so it was towed. A box truck also broken down in the Notch; Officers are watching residences for those out of town; there was a “Mexican standoff” on the covered
bridge; a pick-up truck from Maine and a town resident in a car were on the bridge from opposite directions at the same time; Officers asked the person from town to back up off the bridge; Chief Meyers was very appreciative of that person’s cooperation. A complaint of a rabid fox was taken; that makes two this winter; a report of a suspicious vehicle turned out to be some Europeans pulled over to sleep; Officers showed them a better place to park. Officers assisted the Ambulance with an injured skier; there was a three car motor vehicle accident by Dana Place; Officers assisted a family with an ermine in their kitchen; responded to a domestic disturbance at a local motel and took a 911 hang up that was a misdial.
- Road Agent/Fire Chief Report: see attached written report provided Road Agent/Fire Chief Jay Henry is unable to attend tonight’s meeting; he submitted a report which Chairman Dougherty read into the record; it is as follows:
- During the snow storm on Feb 27 we had 2 trucks break down, so we needed to use our grader to plow during the storm. One truck is already back in service.
- The season has been our biggest year for total amount of snowstorms since I’ve been here. We have 22 plowable storms. Many of these storms have been small ones, but a 3” storm is just as much work as a 6” or 8” storm.
- Frost heaves are extremely bad this year, and we are trying to deal with them as best as we can.
- Building Matters – Andy Chalmers, Building Inspector
- Eagle Mountain House: Map V3, Lot 2, repair water damage to roof and rear office (reapplication) This is a reapplication as the work turned out to be more expensive than anticipated. Selectman Thompson, seconded by Selectman Allen, made a motion to approve the permit as recommended. The motion passed unanimously.
- Wentworth: Map V2, Lot 106, renovate basement to prevent moisture, and eliminate post office behind registration desk Selectman Thompson, seconded by Selectman Allen, made a motion to approve the permit as recommended. Building Inspector Chalmers has reviewed this; work had already started and his concern was with fill in the floodplain; he has been assured this will not have an impact. There was no further discussion. The motion passed unanimously.
- Appleton/Boynton: Map V4, Lot 48, new kitchen, upgrade electric & plumbing Selectman Thompson, seconded by Selectman Allen, made a motion to approve the permit as recommended. Inspector Chalmers was contacted after the work was underway; he has reviewed this and recommends approval. There was no further discussion. The motion passed unanimously.
- Chapman: Map R17, Lot 46, construct new single family home 24 x 28 with a 20 x 32 garage Selectman Allen, seconded by Selectman Thompson, made a motion to approve the permit as recommended. The motion passed unanimously.
- Urey information update - Chairman Dougherty noted this is an fyi for the Board; Inspector Chalmers went up to do an inspection; he met with the installer of the heating system and found several unlicensed individuals doing the installation; he also found plumbing being done by one of the electricians; he had a concern about the snow load on the roof; everyone is cooperating so there is no reason to consider a Stop Work Order at this time.
- George Howard Letter (added) Chairman Dougherty read the letter into the record; it is as follows:
Gentlemen,
This letter is in response to the Building Inspector comments at the December 20th Selectmen’s meeting.
I built my home in 2009 and am quite familiar with the application, permitting and inspection process in the Town. I complied with them with no comments received from the Inspector or the Town. The process had not changed when I built my garage i.e. application, permitting and inspecting process. Noteworthy though, the short comings of the initial process remained.
Addressing the Inspector’s specific comments.
- I agree we worked well together not only at first but from my perspective through the building process.
- We did encounter inclement weather during the site preparation and framing the footings which made it difficult to provide the Inspector my planned 24 hour notification. (See my permit application dtd Aug 18, 2011) When favorable weather broke the cement contractor notified me he was on the way I called the Inspector receiving as normal his voice mail where I left the information. The Inspector arrived shortly thereafter and observed as the footings were starting to be poured. The Inspector, the contractor (who was well known to the Inspector) and I discussed the project. No comments or documentation was provided by the Inspector. A similar shortcoming I encountered when I built my house. In this case, the Inspector asked if I would take photos of the footings before being
poured which I did, however they were never requested nor any documentation provided of this phase of the construction.
- The Inspector noted he was supposed to inspect “several times throughout the process but these inspections were missed”.
- The building permit I received called for inspection of the footings before being poured, a rough in inspection that is performed before any dry wall or frame coverings and insulation is installed. The inspection of the frame and masonry was not considered applicable for the garage. Construction on my garage was never planned nor did it proceed beyond the rough in stage. No, repeat no, wall, ceiling, or floor coverings were planned or completed hence the structure remained at the rough in stage. The only electrical wiring installed was for lights and power for the door openers with all wiring and fixtures remaining completely exposed. The building was completed in Dec 2011.
- At a planning board meeting in Jan 2012, I do not recall the date; I met the Inspector and discussed arranging for the inspection. I do not recall if we set a date or we would call to arrange one but the need for inspection was known as well as that it was not a time critical issue as the construction was complete.
- I attempted to arrange an inspection on other occasions but do not know an actual number. On one occasion I contacted the Town office to arrange for the inspection and advised to call the Inspector direct which I did but found his voice mail box full. I advised the Town office of this to which an E-mail was sent by the Town for the Inspector to contact me however I did not receive a call.
- The last effort to complete the inspection was in the May timeframe. I talked with the Inspector at the conclusion of a Selectmen’s meeting and decided a schedule for the following Monday at 10AM which I lager confirmed on his voice mail. The day of the inspection I called him at 10:15, or there about, again via voice mail to confirm the planned inspection. Shortly after I received a call saying that he had a conflict and would reschedule. I have not received any further communications.
- Some general observations.
- The Inspector related his concern for any liability he may incur. Both State law and our Zoning Ordinance relieve Town officials from being personally liable in the administration of their duties.
- The absence of any administrative procedures, checklists of inspection requirements, or documentation of inspections seems the process is by word of mouth as indicated by the absence of documentation and only the Inspector’s reflection at the meeting. Thus as a result of any procedural documents etc. leaves the homeowner at the whim of the Inspector. Further, there appears no financial accountability as evidenced the inspection fee for my garage the $95.00 all went to the general fund.
- Finally, from my perspective the inference of the discussion was that I intentionally avoided the inspection process which is absolutely wrong and I strongly object.
Regards,
George Howard
The Board wants to make sure that documentation is appropriately received and updated; Inspector Chalmers is getting better with this; the Board is well on the way to correcting the concerns George has raised.
- Elderly Exemption/Tax Abatement request: request from Administrative Assistant/Receptionist Ella Cressy for abatement for 2012 Tax Year court ordered exemption The Board is familiar with this; it is Map V10, Lot 123; with an abatement of $234. Selectman Thompson, seconded by Selectman Allen, made a motion to approve the abatement. The motion passed unanimously. Administrative Assistant Cressy was thanked for the work she did on this; it was one more thing added to her already busy schedule.
- New Business
- Letter from Anne Peterson: Permission to enter private property when owner is present Chairman Dougherty read Anne’s letter into the record; it is as follows:
Dear selectmen:
Last fall on a Sunday I was working in the lower field when I saw a dark pick up with plow drive up the driveway. The driver did not stop but drove around the barn and eventually drove out the driveway again passing me by. I later found out it was Jerry Dougherty, chairman of the selectmen and that he was there to inspect my manure pile. What I would like to know is what right he had to come on my property without first asking permission particularly since I was standing in full view and by what ordinance or suspected violation thereof he was inspecting my manure pile. I feel this was taking extreme advantage and abusive use of his position as a selectman. Other town representatives ask permission before entering someone’s property.
Anne Peterson
Chairman Dougherty doesn’t recall the actual date he visited but it followed Bob Davis’s request to have the Board take action regarding John Fichera’s manure pile; Bob had asked the Board to inspect his own, John Fichera’s and Anne Peterson’s manure piles; this was not a formal inspection; it was a courtesy to meet with Bob so he could review the process he uses for dealing with manure piles. Chairman Dougherty met with a man, also named Bob, who works for Anne to see what their practice was in dealing with their manure pile. Bob noted he rents from Anne Peterson and said he was glad to show Chairman Dougherty how Anne deals with the manure pile. Since this happened last fall, Chairman Dougherty is surprised this is coming to the Board in March. He
apologizes for any upset to Anne Peterson; he was responding to Bob Davis’s request to see how the manure piles were handled. Chairman Dougherty did see Anne when he went up there and she was all the way out in the field so he asked her tenant to show him the manure pile; he’s not sure what else he could have done to facilitate his visit. Selectman Allen noted it would be a good idea in the future to ask Anne, or any other property owner, for permission before going onto their property.
- Avatar Contract Terra-Map Division: renewal for Tax mapping services for 2013; also permission to see what costs are to have Tax Maps available online; we have had several requests Selectman Thompson, seconded by Selectman Allen, made a motion to renew the contract with Avatar as discussed. The motion passed unanimously. Administrative Assistant Cressy is looking into the cost of having these maps available to view online as doing so would save folks a trip to the Office. Martha Benesh noted that the Saco Valley Land Trust offered its services to the town; she questioned at that time if Jackson’s assessor provides any of the same services.
- Atlantic Recycling: Quote for new Jackson roll off container – discussion and sign acceptance if applicable The quote for the roll off truck is $7,550 but Chairman Dougherty wants to wait until after town meeting before moving forward; he’d prefer to have the funds approved before the Board approves spending it. Selectman Thompson wondered why the container was so much less than the $10,000 that was expected; Chairman Dougherty noted the estimate was for $10,000; this is the actual cost.
- Frank Benesh vs. Town of Jackson Chairman Dougherty noted the Town has a court appearance scheduled for 9 a.m. in Ossipee on Monday (March 11th); a half-hour hearing is scheduled to consider temporary orders. Chairman Dougherty has been very involved with Town Counsel Malia and Moderator Willis Kelley over the past week arranging this. Chairman Dougherty will take a video tomorrow morning when school is in session. Jerry Dougherty asked if there are architectural plans that Chairman Dougherty can present; this was affirmed; they are going to Counselor Malia. Moderator Willis Kelley would like to bring forward two points; regardless of how this comes out, RSA 42:c is still on the books; if he does not uphold the rules, he can be found in violation; a person can file a
complaint against him for not adhering to the ordinance that was passed at town meeting. Having discussion with the state, it is clear to Moderator Kelley that the town needs to rescind the ordinance or demand a change to get RSA 42:c off the books before the next election. Moderator Kelley has been doing this for forty-five years; he’s very upset that he’s been accused of these things; he is looking to the courts and the Attorney General to stand by him on this; the RSA says it’s a violation not to adhere to it; he doesn’t see that he has any other option. This isn’t an issue just in New Hampshire; there are thirty-nine other states struggling with the right to free speech versus the right to vote. The Supreme Court says the right to vote supersedes the right of free speech. Moderator Kelley, Chairman Dougherty and Counselor Malia will go to court on Monday morning to hear case. Chairman Dougherty would like to
correct some rumors that are circulating; the Selectmen asked Town Counsel to get involved in this case two weeks ago. Moderator Kelley noted he has written another letter to the editor; the facts need to be out there; Moderator Kelley made a compromise on this; his name, six generations and forty-five years of service to this town; that really hurts; he fully intends to be calm and collected next Thursday night. Chairman Dougherty noted there are many legal aspects to this; the Board would need to go into Non-Public Session for further discussion; the Board can discuss this further after agenda item 10.
- Board Policy There is nothing new on this tonight.
- Job Descriptions There is nothing new on this tonight.
- Shaw & Chase water drainage matter: Shaw reaction to draft There is nothing new on this tonight.
- Right to Know Law – Implementation of Non-Public Session Checklist Form Chairman Dougherty noted the Board has already implemented this; it will be removed from Old Business.
- Public Comment Jerry noted that the abatement to taxes says it is court-ordered; what does that mean? Chairman Dougherty noted the Board had an elderly abatement that was denied; the homeowners appealed to the tax court and won an appeal so now the Board is issuing the abatement; it’s a public document if folks want to see it. Regarding Anne Peterson’s letter, Jerry would like to know if Bob Davis received a similar letter about going onto her property without permission; the Board has no idea; Jerry suggested it would be a good idea to find out.
George Howard wondered if the Board had any questions for him regarding his letter; they have none. George would also like to ask if Chief Meyers could sit at the end of the table so members of the audience can hear his report. It’s not the same as reading the minutes and George would like to hear what the Chief is saying; he is talking to the members of the audience as well.
Selectman Thompson noted the Board has talked about whether this is the most efficient set up for meetings for folks to hear. Larry noted Madison has a microphone. Chairman Dougherty reiterated the Board has discussed this and planned to look into a sound system and putting acoustic panels up; for the third year the Board didn’t get anywhere on that; this may be for the next Board of Selectmen to deal with; it is most likely the town will have enough money in the maintenance budget to have a sound system and microphones for the meetings. The town needs to get quotes from folks; this will be put under Old Business as a reminder to do it. Selectman Dougherty noted the Board could get professional advice on that from Shawn Doucette.
Administrative Assistant Cressy has two letters of interest for the Conservation Commission; the Board will wait until after the elections; Larry noted there is one seat on the Commission coming up as his term is up. Chairman Dougherty asked to have this on the agenda for the next Board meeting. The Board will review the seats up for reappointment and send out a request for folks to submit letters of interest.
Selectman Thompson, seconded by Selectman Allen, made a motion to go into Non-Public Session in accordance with RSA 91-A3, II(b) to discuss the hiring of any person as a public employee at 5:23 p.m. The motion passed unanimously.
- Non-Public Session: per RSA 91-A:3 paragraph II section b, the hiring of any person as a public employee
Respectfully submitted by:
Martha D. Tobin
Recording Secretary
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