Selectmen’s Board Meeting
April 18, 2013
Present: John Allen, Chairman; Bob Thompson and Bill Lockard, Selectmen
Visitors: Administrative Assistant Ella Cressy, Julie Atwell (starting as Town Administrative Assistant 4/22), Police Chief Karl Meyers, Building Inspector Andy Chalmers, Bea Davis, Sarah Clemons, Michael DiGregorio (Conway Selectman), Bill Edmunds (Valley Vision), Kathleen Dougherty, Jerry Dougherty, Susan Chase, Frank Benesh, Hank Benesh, Bill Wogisch, Phil Davies, Sarah Duffy,
Chairman Allen called the meeting to order at 5:00 p.m.
Selectman Thompson moved and Selectman Lockard seconded a motion to go into Non-Public session. All were in favor, the Board entered Non-Public session at 5:01pm per RSA 91-A:3 II (c), Matters which may damage the reputation of any person other than a member of this board
The Board returned to Public Session at 5:32 p.m. Chairman Allen apologized for the change in the scheduled time.
- Selectmen’s Meeting – April 4, 2013 The minutes were approved as written.
- Non-Public Session – April 4, 2013 These minutes were already approved and sealed at the meeting; these just require signatures.
- Public Comment Bea Davis noted she learned that the Board was combining the positions of Emergency Management Director and Health Officer from reading the minutes. While she has no issue with combining these positions, she feels it would have been courteous to have mentioned it to her since she is the current EMD; she will serve through the meeting on May 7th. Chairman Allen agrees the Board should have notified her of the change; she was thanked for her service as the EMD through a number of situations.
Ruppel (Map V07, Lot 123) brought up in Public Comment Jerry Dougherty has a concern with the decision made by the ZBA; he has asked others to look at this and they felt there were difficulties in the ruling as well; it is an assault on Jackson’s fifty-foot setback. The Selectmen, tonight, need to ask for a rehearing, in accordance with RSA 677-2, with the ZBA to at least have a look at this and discuss it. There is no down side and no cost to ask for a rehearing and if after reviewing it the Board has questions then the town attorney can review it. This motion needs to be made tonight, if not they won’t get a rehearing due to the time limits.
Selectman Thompson is concerned this came in Public Comment rather than as an agenda item; he doesn’t recall asking for a rehearing during his tenure. Jerry noted Selectman Thompson was involved in a vote to request a rehearing but the ZBA refused it. He apologized for the short notice; there is a thirty-day window to request a rehearing and this is the first Board meeting since that decision.
Building Inspector Chalmers is familiar with this case; there is no down side to ask for a rehearing; it would give the ZBA an opportunity to look at their decision again.
ZBA Chair Frank Benesh noted the Board has to provide some rationale for requesting the rehearing. Jerry noted that is part of the motion he is suggesting. Frank reminded the Board this motion would presume that one of the Selectmen will attend to articulate their concerns.
Selectman Thompson, seconded by Selectman Lockard, made a motion for a rehearing pursuant to RSA 677:2 of the Zoning Board of Adjustment Case 2012-02: Robert Ruppel Variance concerning Map V07, Lot 123 on the grounds that the decision to grant the Variance was based on contradictive reasoning and may have the effect of rendering Jackson Zoning Ordinance section 4.3.1.2 unenforceable. The motion passed unanimously.
*Selectman Thompson later asked Building Inspector Chalmers to comment on the rehearing; discussion is listed here for continuity.
This case involves proposed construction inside the setback; the permit was not approved so the owner went to the ZBA to request a variance which was granted. The Town’s concern should be that this proposed building is very close to the road; Inspector Chalmers sees a potential liability regarding snow removal and road cleanup; this is close enough to the road that it could be impacted by the Town. He feels it would be in the Town’s best interest to seek a waiver for any damage the Town could do with regular snow removal. Jackson doesn’t just deal with encroachment as two dimensions, it looks at three. This is within ten feet of the road.
ZBA Chair Benesh noted the variance allows the Ruppels to go within ten feet of the lot line which is fifteen to twenty feet from the pavement. There were a number of conditions that were applied to the variance that the Ruppels have to comply with and it was also mentioned in the decision that they might be required to provide a bond if they excavate that close to road. The ZBA didn’t consider the specific question of liability. The rehearing is by order of the Selectmen and they need to tell the ZBA that they got something wrong among the five criteria in granting the variance; when the application for the rehearing is filed the Selectmen need to articulate which of those five criteria the ZBA got wrong.
Jerry noted, in response to Frank, the town adopted the fifty-foot setback in September, 1974 at a special Town Meeting. Hampshire Ridge included a fifty-foot setback; that is what the Town used as a mirror to adopt the setback. The ZBA cited hardship; there are other sites on this property to situate the garage; there is no hardship.
Frank noted any request for a rehearing needs to be filed within thirty days of the decision. Once the ZBA has a rehearing and makes a decision if the Board disagrees, it might take the further step of suing; that’s why the Board might want to involve Town Counsel.
Selectman Thompson asked if the Board has a history of approving permits for building in the setback; Inspector Chalmers noted the Board has never approved one; there was one permit where an applicant misrepresented his setback and that is going to the ZBA now. The Board or the Building Inspector can’t approve anything that’s not allowed. There are other areas to put the garage; the thirty-day window expires tomorrow. Inspector Chalmers will relook at this regarding the criteria and send an email about where they erred in their decision. Selectman Thompson doesn’t want to set precedent; the LGC has held that the ZBA isn’t a precedent setting board. It does, however become harder to argue against one when the other has been allowed.
Jerry reminded the Board that it faced this same situation not too long ago when a person wanted to build a roof over a doorway; that person couldn’t build the roof anywhere else and the permit was denied whereas this guy can build his garage elsewhere. Jerry highly recommends that the Board have Counselor Malia look at this.
Sarah Clemons wondered if the Board would be providing the information regarding lawsuits that she had requested. Chairman Allen directed her to agenda item 8-f Litigation costs so far for pending Lawsuits.
- Police Report Police Chief Karl Meyers reviewed Department activities since the last meeting. Some items included a report of a canine bite at Dundee Park; a street sign was stolen, a report of a stray cat, which the ACO handled and assisting NHCoop with the shut off of power to a local hotel. There is an older gentleman in town that is not able to get around; he needed some grocery items so Officers went to Grant’s for him. The Tahoe has returned to service and is flawless; there was a report of a serious assault at a local hotel which Officers continue to investigate. A report was taken of a rabid raccoon which was euthanized per NH Fish & Game’s request. There was a 911 hang-up at a hotel which was a misdial. Officers also took several reports of overweight
trucks on the roads.
- Road Agent/Fire Chief Report Road Agent/Fire Chief Jay Henry is not in attendance tonight.
- Building Matters - Andy Chalmers, Building Inspector: The Building Inspector distributed a report of activities since the last meeting. He was asked to send these reports to Phil or Frank so they can be added to the website and put in the e-news as well.
- Town Office Renovation Update: The renovations are moving along well.
- Update on Francis Ave, Terry: This is moving to the ZBA.
- Update on Black Mt Rd., Evans: This is also moving to the ZBA.
- Building Permit Application Map R14 Lot 23 Joan & Phil Davies - Kitchen remodel: This is over $10,000 and presented no concerns; a permit was issued.
- Building Permit Application Map R8 Lot 6 Rafael Rodriguez – construct dormer, relocate attic stairs, enclose cathedral ceiling in master bedroom: This presented no concerns and a permit was issued.
Chairman Allen noted the Board needs to schedule a Work Session to nail down the permitting process. Inspector Chalmers has been working on making the application easier; there are also changes that former Selectman Jerry Dougherty had incorporated. Selectman Thompson would like to get the Office Staff out of the middle so folks can look at this and know what needs to be done and who needs to be called. Administrative Assistant Cressy noted she is now sending folks to Inspector Chalmers. It would also be good to get the Planning Board’s input; Chairman Allen will follow up with Planning Chair Scott Badger.
- Phil Davies – Knot Weed Removal Permit Application signed Funds were approved at Town Meeting to spray knotweed; Road Agent Henry is not interested in being involved in this; Phil has outlined the area that needs attention which includes the area the Brooks were concerned about. The product being used is approved for use in wetlands; it degrades in water. The applicator stands in the water and sprays toward land. When the state sends the permit all of the requirements for the application will be in writing; it is taking six months to get applications approved and the town wants to spray in August. The Board would like to see this documentation about this product prior to getting the permit; this can be obtained from the company. Selectman Thompson, seconded by Selectman Lockard, made
a motion to sign the Knot Weed Removal Permit. The motion passed unanimously.
- Valley Vision – Are we to request they film meeting for airing on Channel 3 with the increased amount approved at Town Meeting? Bill Edmunds and Mike DiGregorio joined the Board. At Town Meeting the voters moved to add dollars into the budget for airing stuff on Valley Vision; currently the contract is for viewing only; for taping and airing they would have to amend the contract; prior to that the Selectmen of Conway need to know what Jackson wants; what do they want aired and in what time slot; what to put into the contract is on this Board’s shoulders. Mike reminded the Board that four years ago he came to the Jackson Selectmen and explained how the airways go. Each town can put out content on its own channel; Jackson could do this without Conway being involved but wouldn’t have the funds; that is why most PEG stations show a blue screen. Conway spends a lot of money on community television; they contract with Valley Vision; Conway owns the airwaves that are in the geographic
town of Conway; Conway decides what goes out; if Jackson wants to view what Conway is showing then Conway tells Time Warner to send the signal. Mike reviewed Madison’s arrangement with Conway; they use tax dollars. Conway thinks it would be a great idea for Jackson to be involved.
There is a question as to who would do the filming; if Hank continues doing the filming he would be working for Valley Vision. Conway would come up with a time slot for Jackson and that would belong to Jackson; every week the people of Jackson would know when their government shows would be on. This would also give the station the opportunity to replay these shows over the week. The Board needs to understand that Conway won’t give Jackson a time slot that interferes with Conway’s live programs; Conway is paying for broadcast of live sports. Fryeburg sends everything out on Sunday; the town can negotiate; Conway doesn’t know how much time Jackson wants and what Jackson wants aired. The Board wants to have the Selectmen’s meetings on and currently
these, the ZBA meetings and those of the Conservation Commission are broadcast live. Mike told the Board they need to come up with what they will produce every week so Conway can figure out what to offer for a slot.
Selectman Thompson noted the Board’s thoughts are pretty simple; the amendment this year to up the amount was made with the understanding that the five thousand dollars would allow Jackson to have the ability to watch what is aired on Channel 3 and get Jackson Selectmen’s meetings aired with Jackson producing the programs and giving Valley Vision the tapes.
Mike believes Valley Vision would pay Hank to film then take the films back to the office to produce and get out on the airwaves. Conway has spent $40,000 - $50,000 in the past year on equipment as well as putting aside that same amount each year for Capital Improvements; they also have $110,000 from Time Warner for equipment. Conway negotiated its contract with Time Warner; Conway generates $145,000 in revenue; Jackson generates around $15,000. Conway has more clout and was able to say to Time Warner, if you want to do business in our town this is what we want. Conway’s Board also clarified who owns the airwaves in Conway. Four years ago Conway was looking for 80% of Jackson’s fee of $15,000 for production. Mike noted Jackson is making the right decision;
it’s important to show the public what its government is doing.
Frank asked if Jackson would be able to put live shows on; Mike said it wouldn’t be possible. Frank is concerned because these meetings are currently broadcast live. He wondered if Valley Vision couldn’t just do a live internet feed. Bill isn’t sure how that would work; currently Valley Vision has a feed in each location but they haven’t done broadcasting live from meetings. Hank’s feed would stream into Valley Vision and go out live from there; Frank is sure Valley Vision must have adequate download capability. Valley Vision doesn’t have a server however this is something to explore. People would prefer to see things live but Bill noted with a live feed he would never know how long the meeting is going to take; Jackson would have a
set amount of time; if the Selectmen’s meeting ran over then it would be cut off. Mike noted typically someone tapes the meeting Bill produces the program and sends it out on a schedule.
Selectman Thompson feels there is need of further discussion and someone should be appointed to continue that conversation with Conway and Valley Vision to determine what Jackson can and can’t do with the funds appropriated; and what Conway and Valley Vision want. People want to hear the Selectmen’s meetings and other meetings live but a number of residents want to see it on Valley Vision too. Mike noted Jackson is talking a one-year contract and ultimately Conway would want a long-term contract; Selectmen change every year; Conway is making a commitment to Jackson and that costs money; next year another set of Selectmen will come in and they may not be interested. Conway would want a five-year contract. It’s possible to get what Jackson wants for five-thousand
but live shows cost more to produce. It’s possible Hank could provide Valley Vision with the shows; there’s room here to come to a fair agreement. Mike reminded the Board that Jackson would have to provide its own equipment; the set-up being used now is of good quality; Valley Vision will insist on a certain quality level. Administrative Assistant Cressy suggested Hank could provide copies to the town, the Library and Valley Vision so folks would have three venues to see it.
Hank is currently contracted to videotape Jackson’s meetings; he’s spent three years doing this and the Board is okay with that relationship continuing. The town has already allocated funds to pay for his services. Jerry recommends keeping Jackson’s funds local.
Bill Wogisch wants this to be an action step so the Board shows progress.
Frank wants to know who will decide what is shown.
Sarah wants to make sure the Thursday meeting is aired before the next meeting. Mike noted Conway is thinking of assigning a Sunday slot.
Selectman Thompson sees this coming back to the Board with a clear understanding of what the options are; he will get the documentation from Conway/Valley Vision and bring it back and form a committee.
Mary Canty noted there are a lot of people without computers and this will help folks to see what is going on at the meetings better than what is printed in newspaper or the minutes.
- Board openings There are letters of interest as well as Board recommendations. It wasn’t clear at the last meeting what seats are really open. The website also shows seats filled this year which haven’t been done. The official record is with the Town Clerk; Selectman Thompson wants to make sure the Board has an accurate idea of what seats are open and post those openings publically and in the Conway Daily Sun. The Selectmen make the appointments; it makes sense to fill the regular position with someone already serving as an alternate however, the Board wants to post all the open positions, collect letters of interest and then make appointments after input from the various Chairs. Selectman Lockard believes the Board should approach the alternates to see if they want the
regular seat. Jerry disagrees; he thinks the alternates should apply for the regular seat along with anyone else interested. Chairman Allen noted the Board would take current status into account when filling the seats and those folks would take priority if there are multiple folks trying to fill the seats. Frank noted it takes a while to understand what the boards do so there is an advantage to appointing an alternate to any seats that are open; they have come up through the line and can be more effective from day one.
There is a letter of interest from Huntley Allen for a seat on any committee formed to look at the building permit process.
Sarah Duffy pointed out there are two alternate positions on the Jackson Library Trustees; it’s not clear that there are two alternates on the Trustees; once that is clarified through the Town Clerk it will come back to the Board for posting.
There will be a posting for the EMD/Health Officer position; Bea will stay on until May 7th so that position will start in mid-May.
Bill Wogisch noted Huntley is a nice guy but Bill thinks that is a conflict of interest; Huntley applies for permits on a regular basis; he’s great and a capable guy but it’s a conflict. Regarding some of the folks expressing an interest in the open seats, Bill doesn’t believe that anyone should be on any committee in the town who has instituted a suit against the town; he sees no reason why that person deserves to be on Jackson’s decision-making committees. Jerry noted there is a law that forbids the use of a pending lawsuit to rule against an individual. Bill thinks it’s time to forget about the law and use common sense.
Frank would like to mention it is helpful to have one person on both the Planning Board and the ZBA for obvious reasons; if it is not going to be Frank then the Board will want to think about whom else from the ZBA can take that seat. Jerry thought the LGC said it was better not to have one person on both boards. Selectman Thompson will clear that up by the next meeting.
- Sign Town Meeting Minutes Selectman Thompson, seconded by Selectman Lockard, made a motion to sign the Town Meeting Minutes from 2013. The motion passed unanimously. Selectman Thompson noted Jerry Dougherty IV is listed on the minutes; he was on the Board at the time of the meeting; Administrative Assistant Cressy will contact him to come in and sign these.
- Deputy Forest Fire Warden Appointment signatures needed Selectman Thompson, seconded by Selectman Lockard, made a motion to accept Michael Chapman as Deputy Forest Fire Warden. The motion passed unanimously.
- Litigation costs so far for pending Lawsuits Per Sarah Clemons’ request, Chairman Allen went back to the beginning of 2013 through April 11, 2013. The bills are not always specific; sometimes there were multiple discussions during a meeting; he’s split these out but they are rough figures; there are three pending lawsuits. The one with Frank Benesh has cost $5400; the one with Diane Falcey is at $3300; that case is being taken over by the LGC; the town has insurance to cover this. The case with Gino Funicella has cost about $90 as so far there has been only the response to the initial suit with a form letter. The situation with Susan Chase is not really a lawsuit but that goes back more than a year; from this year the costs have been $200.
- Treasurer matters Treasurer Warren Schomaker is resigning effective June 30th; the Board will have to get the process going for that. Treasurer Schomaker suggests this be an elected position versus appointed due to the amount of time involved. The position is up for election in March and Treasurer Schomaker is flexible about staying on until the Board is able to fill the slot as well as helping to teach his successor. The Board should post the position and seek letters of interest for filling the position through March. As far as a stipend for this position goes, Treasurer Schomaker is in on a weekly if not daily basis; part of his recommendation is to make this a paid position. The Board will want to look into how they want this position to look; the LGC can
probably give some input that will help determine whether to keep this as an elected position or turn it into a duly appointed position. Chairman Allen thanked Treasurer Schomaker for his service; he makes it look easy. Selectman Thompson wants a letter of appreciation to go out to Treasurer Schomaker. The position will be posted but information about a stipend will be withheld until the Board makes a decision about the position.
- Mirror Lake Lamppost replacement There was a chimney fire at Mirror Lake and the homeowners association is requesting the replacement of a lamppost that was knocked over. It’s not clear if the Association feels the person who had the fire should replace this or the town; Selectman Lockard will follow up with Fire Chief Henry on this.
- Letter from Joyce Bilger (added) Joyce has submitted a letter thanking the Fire Department, Jackson’s Fire Chief and Police Chief. These will be put in personnel files.
- Letter from DES Jackson has received a grant for $3000 to cover the cost of portable radios. June Garneau applied for this. Selectman Thompson, seconded by Selectman Lockard, made a motion to sign the document. The motion passed unanimously.
- Inn at Thorn Hill, application for Liquor License The Inn has new owners; this is notice which allows the town to voice any concerns there might be about granting this.
- Board Policy There is nothing new on this tonight.
- Job Descriptions The Board is delighted that the position of Town Administrative Assistant has been filled; now they are ready to start working on Administrative Assistant Cressy’s job description.
- Shaw & Chase water drainage matter update Chairman Allen has spoken with Brian Shaw about this; he is coming up this weekend and Chairman Allen will have another chat with him. He asked if Susan ran this agreement by her lawyer; Susan has been waiting to hear the Board’s decision on this; she will go back to her lawyer when she finds out what the Board intends to do. Brian accepts responsibility for the retaining pond; he would be liable if it failed. Counselor Malia is concerned that the ditch wasn’t constructed by the town; it was built by a private contractor that Susan hired. Susan was told by the selectmen to do that; she was part of the original discussion; this all hinges on the pond functioning properly; Engineer Phillips won’t determine that the
pond failed since he designed it; someone needs to define what a failure is. Susan noted this agreement is between the town and Brian. Selectman Thompson noted the draft was put together with Counselor Malia and the Board; Brian noted he would pay Susan once he is sure he won’t be held liable for water from the town’s culvert onto Susan’s land. Susan feels the town is telling Brian that the town has approved his plan so he has no responsibility for the water being dumped into the culvert. She is not a party to this document, other than being paid. Counselor Malia is revisiting this and hopes to have a final document this weekend. Susan noted she may turn this over to the lawyers if there’s nothing to report over the next two weeks; this has gone on for three years. Selectman Thompson wants to make sure any language change has been run by Counselor Malia; this is not the town’s ditch. Susan asked the Board
to also ask Counselor Malia the question she has had from Day One; why can Ann Peterson say the town can’t put water on her land and but Susan can’t; that’s been her issue all along. Jackson’s Zoning Ordinance states construction can’t create a water source where there wasn’t one to begin with.
- Public Comment Jerry welcomed Mrs. Atwell to her first meeting; it’s great to have her aboard. She starts on Monday (4/22).
Kathleen Dougherty noted it’s time to take down the Christmas wreaths.
There being no further business the meeting adjourned at 7: 50 p.m.
Respectfully submitted by:
Martha D. Tobin
Recording Secretary
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