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Board of Selectmen Minutes -- 05/16/2013
Selectmen’s Board Meeting
May 16, 2013

Present:        John Allen, Chairman; Bob Thompson and Bill Lockard, Selectmen

Visitors:       Town Office Administrator Julie Atwell, Town Office Administrative Assistant Ella Cressy, Building Inspector Andy Chalmers, Police Chief Karl Meyers, Road Agent/Fire Chief Jay Henry, Town Clerk/Tax Collector Jeanette Heidmann, Hank Benesh, Susan May, Arthur (Sonny) Couture, Mary Canty, Bill Wogisch, Kate Richardson, Kathleen Dougherty, Susan Chase, Tom Greig, Jerry Dougherty III.

Chairman John Allen called the meeting to order at 4:34 p.m.

  • Amend & approve minutes
  • Selectmen’s Meeting – May 2, 2013  The minutes were approved as written.  
  • Public Comment  Jerry Dougherty has a letter he provided to the Board (attached); he is very concerned with the decision by the ZBA last night not to honor the Board’s request for a rehearing on the Ruppel decision; he urged the Board, as those elected to administer the affairs of the town, to appeal this to the Superior Court pursuant to RSA 677:4.    He feels the ZBA overstepped their authority and is disregarding Jackson’s fifty-foot setback and ignoring court-established standards that define “unnecessary hardship”.  The Board should be concerned with the ZBA’s conduct and unequal treatment of Jackson property owners; reviewing the records from 2012 to present shows two similar applications that were handled very differently and he believes it is because of shameless favoritism demonstrated by ZBA Chairperson Frank Benesh and member Dave Mason.  Ruppel was approved while Boehringer and Terry were denied; Dickie is another decision to look at.  The Board needs to protect the Zoning Ordinance as written.  Building Inspector Chalmers was spot-on in his interpretation.
  • Town Clerk/Tax Collector:  Deeding delinquent tax parcels, notification of 2012 Liens  Town Clerk/Tax Collector Jeanette Heidmann gave the Board a list of homes eligible for liens and reviewed it.  Three of them were eligible to be deeded this year and the Board granted a waiver on the deeding; she is recommending that those properties not be waived.  The two at the bottom of the list are landlocked; Mr. Whittier has been missing or deceased for ten years; the town keeps paying for a notice that will come back; the other lot is a landlocked quarter-acre of w`hich part is in the river.  Those people have no interest in the property, they’ve told the town to take it.  The Bellen Way property has been abandoned; townspeople have expressed concern that it is a dangerous location; Jason mentioned there are holes that could be filled with water, there may or may not be electricity on in there.  Inspector Chalmers noted no one is living there at this time; there are significant safety concerns; the electrical wiring is on the outside of the house, it makes sense to send the current owner a notice and have the electric company look at shutting off the power there.  This place would need a lot of work to be habitable.  Inspector Chalmers only looked from the road, he was not on the property but he feels this property needs to have action before somebody gets hurt in there; the rear of the building is entirely collapsed.  
Road Agent Jay Henry did a road drive-by inspection so he only saw what’s visible from the road; he didn’t see behind the building; as far as being an imminent safety hazard, he sees no reason for immediate action; Fire Inspector Gaudreau will write this up.  The Town needs to give the owners thirty days’ notice and they also have to be notified if the town is going to shut down the electricity.  

Selectman Lockard is concerned; if the town takes the property it has all the environmental issues old and new so he’d like to have an inspection first.  Road Agent Henry wants to know who’s responsible to do that - the Building Inspector, the Fire Inspector or the Health Inspector.  Town Clerk/Tax Collector Heidmann wondered if it would be appropriate for Inspector Chalmers to look at the property first.  Inspector Chalmers could do that; the owners need to have thirty days’ notice so the letter can ask to combine both inspections in one visit.  If this were occupied he would suggest the Health Officer be involved.  Office Administrative Assistant Cressey has the 155B form on her computer; it’s a five page document; the letter will go out this week and there may be a response by the next meeting.  

Town Clerk/Tax Collector Heidmann recommends the town take the other properties, the adjoining properties on Carter Notch might be interested, and it won’t take much to purchase the land.  The other property is on Thorn Hill Road; it’s adjacent to town property by the Inn and is landlocked.  If the taxes are not paid by July 24th action will be taken.  

Selectman Lockard, seconded by Selectman Thompson, made a motion to deed the property of Peter and Rose Blackman, Map R14, Lot 9.  The motion passed unanimously.

Selectman Thompson, seconded by Selectman Lockard, made a motion to deed the property of Herbert Whittier, Map R18, Lot 11B.  The motion passed unanimously.  

Selectman Lockard, seconded by Selectman Thompson, made a motion to deed the property of Gerald Ahern, Map V7, Lot 28.  The motion passed unanimously.   

Selectman Thompson, seconded by Selectman Lockard, made a motion to deed the properties of Boston Corporation, Map R04 and 05; Lots 0 – 10. The motion passed unanimously.   

Town Clerk/Tax Collector Heidmann also provided a list of properties deeded last year.

  • Town Clerk/Tax Collector:  Set up online tax payments  Town Office Administrator Atwell and Town Clerk/Tax Collector Heidmann will discuss this with Treasurer Schomaker; this is the next step to the online program the town implemented last year.  Folks can pay by credit card or electronic check and the fees are paid by the individual.  The ACH transfer is ninety-five cents; the fees are reasonable.  Treasurer Schomaker tendered his resignation then withdrew it so they are not sure where he stands on implementing this; the money is already in the budget.  This would be the stepping stone to allow the Town to issue the tax bill via email; even if a few do it, it saves on postage; postage is a big expense and this is a good alternative.  Selectman Thompson wondered if Town Clerk/Tax Collector Heidmann has talked to any other town clerks that have implemented this system.  She noted the Madison Town Clerk loves this system; her taxpayers love it; she worked out a process with their treasurer for deposits and transfers; there are options the Office will have to work through with Treasurer Schomaker and Town Office Administrator Atwell will find out what is the most efficient way to make it work.  The cost of the software is $155 and there are no other costs associated with this implementation.  The town will have to get a second bank account; there is no cost for a second account.  The second account is necessary; if a transfer bounces, there would be a hold on the town’s account.  Before the Board will vote to implement this they want input from Treasurer Schomaker.  Town Clerk/Tax Collector Heidmann would like to implement this for the June bill; folks need to get used to looking online.  This will be on the agenda for the next meeting.  
  • Shaw & Chase water drainage matter update  Susan Chase has shown the agreement to her attorney; he said it works fine for her; it has a five year sunset.  Brian and Jill Shaw haven’t seen this; it just came in just yesterday.  This will be sent to Brian for approval and will be on the agenda for the next meeting.  
  • Police Report  Chief Karl Meyers reviewed Department activities since the last meeting; some items included a response to a 911 call at an elderly resident’s  home; Officers assisted with a bear that got inside a vehicle; a month ago Officers arrested a man for driving with a suspended license; he pleaded guilty and was just arrested again for driving on a suspended license and reckless driving; he was driving at eighty miles an hour in a residential area.  There was a report of a residence with a window pushed in; Officers felt it looked like the wind did this over the winter.  There were three false burglar alarms; one was at a commercial restaurant where a door was ajar; it was the result of an employee paying poor attention to locking up at night; the deadbolt was not used.  The town had its last hazardous materials meeting; it went well.  Officers have been speaking with some children who moved away but whose parents still live here.  The parents are very old; the kids are concerned about their parents’ health.  Officers have been down to court twice with a particular lady for coming over the double yellow line at the Police vehicle; that was caught on tape; the State Police are prosecuting this case for Jackson; the judge has taken the case under consideration and will have a decision next week.  There was a bear complaint at a local B & B; Officers tried to get the bear to move along.  A report of a sick raccoon was passed on to Fish & Game.  Officers served a restraining order for a couple in town; Officers participated in the Special Olympics Torch Run from Eagle Mountain Road to the town line.  Officers participated in the Bicycle Safety Day at Storyland. A report of a parked car in a cul de sac was taken; a sex offender was registered; a welfare check was done on a toddler who missed a number of days at school.  A person threw a Coke can out of their vehicle window; witnesses got the license plate number and Police spoke to the vehicle’s owner.  The Assessor had a disturbing conversation with an owner.  There was a canine complaint on Tin Mine Road. There was a call from a gentleman who was arrested here in 1980 for DWI who’s applied for a federal job and needs that report.  Bill Wogisch asked why the ACO didn’t handle the sick raccoon; Chief Meyers noted those calls traditionally go to Fish & Game; he would certainly use the ACO if the situation dictated.  Bill Wogisch wondered why the Police don’t charge the guy who was speeding with alluding.  Chief Meyers noted they have ninety days to bring charges; they want to have the gentleman listed as a habitual offender; Bill feels the book should be thrown at this guy; he doesn’t want something to happen to given this guy was driving eighty in a neighborhood with lots of kids.
  • Road Agent/Fire Chief Report  Road Agent Henry has Sonny Couture here to discuss his driveway; this is an existing driveway and in the past no permit was needed.  Most of this driveway has existed for a while; there may already be a permit but the driveway may also have been put in before Jackson began issuing permits.  Road Agent Henry wants to know how much of the driveway he’s looking at; all he’s done before is the curb cut which is the first ten feet in.  The Board may think differently; Road Agent Henry signs off on the permit then sends it to the Selectmen.  Engineer Phillips has asked Road Agent Henry to look at the entire driveway; that’s not the way it’s ever been done.  Road Agent Henry also wants to know, if someone is putting a mile of road in, does he look at the driveway or is it the Building Inspector or the Engineer; it seems like Jackson is getting closer to requiring site plan review.  Road Agent Henry got out of high school in ‘92 and he’s been up here ever since; he doesn’t believe Arthur ever looked at a whole drive.  In ‘08 the permit drastically changed and the couple of issues the town has had are due to the new permit.  Sonny went to the state with a bundle of paperwork for his Alteration of Terrain permit; he’s surprised that doesn’t include the driveway.  There’s a fifteen percent grade limit.  Road Agent Henry intends to inspect curb cuts, as has always been done.  The permit process was put in place to protect road access but there’s nothing that says folks can only have one driveway on their parcel.
 
Inspector Chalmers sees Road Agent Henry’s dilemma; it’s important that someone looks at the curb cut and access; the driveway could impact traffic on any given town road; it’s important for Road Agent Henry or somebody to review these permits to make sure sight lines are not impacted.  Road Agent Henry is in the best position to do this; he is an excavator; he’s looking at what his fire equipment can access; at first blush the first ten feet doesn’t get a fire truck up a two and a half mile driveway to their private home.  Road Agent Henry noted he’s not an engineer nor is he a Public Works Director; he has a shovel in his hand more often than not.  Inspector Chalmers suggested setting criteria that relieves Road Agent Henry from having to look at long driveways or those with tough access and those would go to Engineer Phillips.  

Town Office Administrative Assistant Cressy noted the driveway permit shows diagrams of what is supposed to happen; there is also the site disturbance regulation on the back that folks have to comply with.  Sonny has the alteration permit which goes beyond what the Town would want; he’s got stamped engineer’s drawings; Fire Chief Henry is welcome to talk to Sonny’s engineers about fire equipment getting up the drive.  Sonny noted he is building the driveway to town specifications.  Road Agent Henry has no problem with issuing the permit.  Chairman Allen, seconded by Selectman Thompson, made a motion to issue the driveway permit for Arthur Couture, Green Hill Road.  The motion passed unanimously.  

Road Agent Henry has a couple more driveway permits which the Board reviewed.

Selectman Thompson, seconded by Selectman Lockard, made a motion to issue the driveway permit for Brian Post, Map B05, Lot 32.  The motion passed unanimously.

Selectman Thompson, seconded by Selectman Lockard, made a motion to issue the driveway permit for John Crowel, Map V8, Lot 8.  The motion passed unanimously.  

Road Agent Henry knows appointing the Emergency Management Director/Health Officer is agenda item 12 b, vii; he’d like to make his recommendation at this time.  There was one applicant, Tom Greg, who is in attendance tonight.  On the Fire side of things, over the past five years there has been an increase in use of the Health Inspector to once or twice a year; it used to be once every five years.  It’s time to have someone who has some knowhow and Tom fits the description.  Police Chief Meyers feels the same way.  The Board asked Tom about his work history which he shared; it’s quite extensive.  Selectman Lockard, seconded by Selectman Thompson, made a motion to hire Tom Greg as Jackson’s Emergency Management Director and Health Inspector.  The motion passed unanimously.  

Road Agent/Fire Chief Henry noted the spring cleanup is on-going; the sweeping is done; the trucks are ready for summer and the Fire trucks have been pump-tested; ditching is in progress and he has the estimates back for paving.  Pike was $81.95 a ton with everything included while Carroll was $86.  Last year Pike was high and Carroll was low; this year it has switched.  A $4 difference, times up to 4000 tons, is $15,000 to $16,000.  Both companies do good work; the reason Pike hit it hard this year was due to the extra tonnage, plus Pike is getting competition south of this area so they are looking for business.  Road Agent Henry reviewed the roads to be done; the contract can be awarded to Pike.

Regarding the lamppost at Mirror Lake (agenda item 12 e), Road Agent Henry would like to tell them to get somebody to fix it and send the bill to Jackson.  Selectman Thompson asked if Jackson’s insurance will cover this; Road Agent Henry noted it would not cost enough money to put in a claim, with the deductible; it’s not worth the aggravation.  The Board would like to see a couple of options.  Bill Wogisch wants to know if the lamppost is in a legal position; if it was in the ROW the Association is responsible.  Road Agent Henry noted this is a private road, not a ROW; it gets tight in the winter and the lamppost got hit.  The Office will contact Sarah Duffy, get bids, and bring it back to the Selectmen.  

Regarding the grader, Road Agent Henry and Bill Wogisch have looked at a lot of machines from New Hampshire to Texas and Road Agent Henry’s found two really good graders in Vermont through local CAT and John Deere dealers.  Both are very nice machines; both have the wing set-up and have proper hydraulics all set and ready to go.  Both are ‘08s; the John Deere has three-thousand hours; the CAT has eleven-hundred.  They are both right at the price that was discussed; both machines are sufficient; Road Agent Henry’s recommendation is to move forward in purchasing the CAT.  

Bill has his own opinion on these machines.  Road Agent Henry talked to other contractors about this; former Chairman/Selectman Jerry Dougherty IV started this with Road Agent Henry last year so he talked to Jerry too; Road Agent Henry’s recommendation remains to go with the CAT.  Additionally, the John Deere dealer didn’t officially get back to Road Agent Henry for a final number.  CAT is giving Jackson more for the trade and the lower hours provide Jackson six additional years of use; the snow tires on the CAT are worth $6,000 extra and these have 75% tread.  The way the CAT runs is like a video game with two joy sticks.  For future employees it will be a big advantage to the town down the road.  The John Deere was a cleaner machine; it looked new.  The CAT has some rust; it was a spare, it probably didn’t get the back washed as much; it just needs some cleaning up; some blasting and paint.  

Bill was asked for his input.  The John Deere is a bigger machine; it’s one size up from the CAT; that’s an advantage for the John Deere.  The hours are an advantage for the CAT but the CAT has been laying there for a year.  One owner put all the hours on that machine.  The CAT has rust; it’s going to cost $10,000 to get rid of the rust.  Bill never buys anything with rust as it never gets better.  The tires are a big consideration; the CAT has the right tires for the use Jackson wants to give it.  The CAT has joy sticks, not a steering wheel.  There’s no warranty on either machine.  Bill asked the people that own the John Deere why they were trading it; they trade every five years and buy new; as soon as the warranty ends.  The CAT was sold to the state; they bought six but only needed four; this one has been laying around for over a year.  Road Agent Henry noted it was used for plowing last year; the state uses it for paving and it has been used in the winter.  

Selectman Thompson wants to know how much it’s going to cost to get rid of the rust; Road Agent Henry sent pictures of the CAT to Milton CAT; they will put some numbers together.  Road Agent Henry thinks $10,000 is too high; this is something everyone in the North Country deals with because of the salt. Jackson has a two year old rig that’s taken care of and starting to get nicks where the tires throw salt up.  Road Agent Henry’s recommendation is still the CAT.  The Board asked Road Agent Henry to put together a Purchase Order and go for it.  

Bill has a problem with this.  The state owns the equipment but the dealer is negotiating the deal.  The state is trying to trade it in to buy smaller equipment; he’s backing into the deal with the state, Bill doesn’t like it.  Road Agent Henry noted John Deere did the same thing.  Bill noted both are robbing Jackson’s trade saying the grader is $200,000; he thinks Jackson should offer $175,000 plus the trade.  Bill really doesn’t think the machine is worth $200,000 with rust; it would be better to buy the grader with no trade then sell the old one on our own.  Road Agent Henry noted a guy stopped two days ago and offered $15,000 for it.  The John Deere guy doesn’t show up.  Jackson is in a better position as it will pay in cash; there is room to negotiate.  

Selectman Thompson noted Road Agent Henry is going to use the machine so ultimately the decision is his.  Bill noted cash is a big advantage; he thinks Jackson needs to negotiate the price; they are stealing Jackson’s machine and Jackson is paying top dollar for the CAT.  Road Agent Henry disagrees; he’s been looking at these for a year; the CAT is not too much.  Other local people who have bought hundreds of machines have told him this is not a bad price.  

Selectman Thompson noted if the folks from John Deere don’t want to get back to Jackson on this then Jackson doesn’t have a willing partner.  Bill feels these guys are banging Jackson as hard as they can.  It was noted that neither machine will get a nickel cheaper.  Bill noted the salesman from CAT thought Bill was right about it taking $10,000 to fix the rust.  

Selectman Thompson noted the town appropriated these funds; the Road Agent says it’s going for this price and has one thousand hours on it; Jackson can take this good deal or keep looking and come up with nothing.  Bill noted the one-thousand hours versus three-thousand hours is not critical.  

Road Agent Henry noted the wing set up and tires are a huge part of this deal; Jackson is using this for snow.  Bill agrees; the CAT has a better wing set up than the John Deere.  It was reiterated that Road Agent Henry has to live with this; he should have the final say.  Bill still thinks Jackson should make a counter-offer; hit them harder.  The Board would like to authorize Jay to purchase the grader but is interested in making a counter-offer.  Road Agent Henry noted to make the deal at $175,000 plus Jackson’s machine they were taking every penny they could.  Bill noted that’s the salesman talking; tell them it’s going to cost $10,000 for the rust; tell them Jackson will do it for $175,000 and no machine; Road Agent Henry is willing to give it a shot as long as he doesn’t lose the machine.  Selectman Thompson, seconded by Selectman Lockard, made a motion to authorize Road Agent Henry to purchase the CAT grader at no more than $175,000 with a trade-in of $25,000 on the old grader.  Road Agent Henry is willing to make an offer and if it’s no, he’s not going to spend weeks arguing.  Selectman Thompson noted there’s a motion on the floor.  There was no further discussion.  The motion passed unanimously.  

  • Transfer Station Update:  Jackson’s New container is in place and operational This is an FYI regarding the new container.
  • Transfer Station Labor Bill  Jackson has received the bill for labor at the Transfer Station; this is Jackson’s share but Bartlett hasn’t paid Jackson what they owe.  Jackson’s portion is $10,972.86.  Selectman Thompson noted Bartlett is cutting the checks for the staff; he wondered if Jackson would be issuing a check to Bartlett.  Town Office Administrative Assistant Cressy noted since Bartlett owes at least another $15,000 Jackson is not issuing a check until the amount owed to Jackson has been straightened out. The Board would like to have communication with Bartlett about this.  The Office staff will get the final figures and Chairman Allen will speak with Bartlett Selectmen’s Chair Gene Chandler about this.
Chairman Allen called a recess at 6:24 p.m.  

The Board returned to order at 6:31 p.m.

  • Building Matters – Andy Chalmers, Building Inspector
  • Safety Concerns Map V2, Lot 53; 41 Switchback Way  Inspector Chalmers sent a note to the Selectmen about this property; he was on the property as part of Real Estate inspection; there are some hazard issues; water is being pumped out of the basement; there’s a cesspool that ground water is running through which is also discharging into the brook.  Inspector Chalmers has talked with the septic inspector for this area who recommends putting a note in the town file and cc the owner that a potential problem could exist so anyone purchasing the property will be aware the town knows.  There is no action needed by the Board.  Chairman Allen dealt with this property his first year as a Selectman; he met with the owner.  As people age they are less apt to use the ski club and right now it is vacant which is the best thing as the septic system is not being used; there would be a concern if someone moved in.  It was pointed out that the Ski Club was occupied last summer at which time they made some improvements to the system but did nothing about the water running through it.  The Town is aware and has an obligation to put it on record.  The Selectmen are to draft a letter; most people look at the town files before buying a property.  This is a hazardous building; the dilapidated description in 155B is pretty broad.  It is up to the local government to address potential hazards and this property meets the criteria; at the very least the garage meets the definition.  The photo is from last year and the property is in considerably worse shape now; there’s a school next door; the town took complaints last year.  Someone walking up the hill could walk into the garage.  The Fire Inspector looked at it and whatever the Selectmen want to do about it is okay with him.  Selectman Thompson, seconded by Selectman Lockard, made a motion to notice the owners of Map V2, Lot 53; 41 Switchback Way about a potential health and safety issue.  Town Office Administrator Atwell will work with Inspector Chalmers to draft a letter and the Board will approve it prior to sending it; Inspector Chalmers urged the Board to send it out quickly.  Susan asked to see the picture; after looking at it Susan noted she has more recent pictures.  There was no further discussion.  The motion passed unanimously.  
  • Building Permit 2013000012 Map V10, Lot 33-A; Burdell, new 2 bedroom 28 x 30 home with an 18 x 28 deck.  Request from New owners to waive value fee and just charge application fee for new permit in their name  This property is under agreement; Kate Richardson is the seller; as part of the sales agreement the purchaser wanted to make sure he could obtain a building permit.  Only the owner of the property can apply for a building permit so Kate applied as the potential purchaser couldn’t do it.  Inspector Chalmers reviewed the plans; the property has been transferred.  Kate and Bergeron Technical Services would like the value portion fee refunded.  If Inspector Chalmers time is covered for the plan review he has no issue with this but Jackson’s ordinance says that building permits are not transferable.  There has been discussion about this at the Planning Board level and they wanted the language to remain in place.  Inspector Chalmers’s hands are tied; the Selectmen are tied to literal enforcement of the Jackson Zoning Ordinance; this Board can’t say that’s not really what the ordinance says; it’s pretty clear the Jackson Zoning Ordinance says the permit is not transferable.  The state building code says the building inspector has the ability to address any issue of refund; that is a potential way to handle this versus going to the ZBA.  Chairman Allen noted the Planning Board’s discussion concerned the permit being transferred not waiving fees.  Town Office Administrative Assistant Cressy noted the new owners paid for the application for the previous owner to get the process started; the only thing they need to do is repay the $75 permit fee; they’ve paid the value fee already.  There is nothing about the fee not being transferrable.  The intention of the ordinance is not to transfer the permit.  There is no motion needed; it is within Inspector Chalmer’s purview to refund the fee.
  • Building Permit 2013000015 Map V10, Lot 36-B, Durand, Gary, construct new 50 x 40 4 bedroom home with attached 28 x 28 garage  Inspector Chalmers reviewed the information; he’s approved the permit for this home on Retreat Way.
 
  • Building Permit 2013000016 Map V2, Lot 10S1-C04, Ruddy, Anthony, remodel kitchen remove/replace flooring, remodel master bath   Inspector Chalmers noted there are no issues with this application; he’s approved the permit.
Any remodeling that involves plumbing, electricity or restructuring needs a permit.  The town needs to look at the administrative fee; currently Jackson has a $25 fee and a $75 fee.  Inspector Chalmers noted it doesn’t matter if the cost of the work is $5 or $500,000 it incurs the same cost for town staff; there should be one fee.  

  • Building Permit d2013000017 Map V3, Lot6, Routhier, Ronald, remodel kitchen and baths, add AC, paint, sand flooring, new roof, general cleanup  Inspector Chalmers noted there are no issues with this application; he’s approved the permit.
  • Building Permit 2013000018 Map V3, Lot 40, Kimball, Kenneth and Sarah, install solar panels on roof  Inspector Chalmers noted the state now says a licensed electrician needs to install solar panels.  This concerns him as the panels are placing weight on the roof; he’s not sure it’s appropriate for an electrician to handle this.  This is being discussed at the state level because this is a structural issue.
 
  • Building Permit 2013000019 Map V2, Lot 47-B4, Matesky, David and Helene, remodel existing stairs, adding a platform and 2 risers at bottom section, with handrails as required  This is a remodel to meet some building code items; Mrs. Matesky fell down a flight of stairs which were pie shaped.  There’s no tread at the handrail, they are remodeling to install a real set of stairs.  
 
  • Building Permit 2013000020 Map V8, Lot 26-2, Barefoot, Joseph and Theresa, Install replacement windows  Inspector Chalmers noted there are no issues with this application; he’s approved the permit.
  • Building Permit 2013000021 Map V3, Lot 31, Fortin, Peter and Lisa, contract new 30 x 68 3 bedroom home with an attached 24 x 30 garage and a 12 x 16 deck  Inspector Chalmers noted there are no issues with this application; he’s approved the permit.
  • Wentworth (added)  This property has involved the building inspector; there are floodplain-mapping issues; that’s why it’s important to look at maps; there are areas of the Wentworth that are in the floodway up on the hill; there is no rhyme or reason for that; Fairlawn is much lower than the condos on the hill; Fritz has a LOMA on file.  Inspector Chalmers is suggesting a letter of map amendment to get this parcel out of the floodplain; this affects their insurance and their ability to get financing.
  • Timber Tax and Intent
  • Operation 12-231-04 Map R12, Lot 19 Timber Tax Levy  Selectman Thompson, seconded by Selectman Lockard, made a motion to approve the Timber Tax Levy for Operation 12-231-04 Map R12, Lot 19.  The motion passed unanimously.  
  • Operation 12-231-12 Map R30, Lot 2 Timber Tax Levy  Selectman Thompson, seconded by Selectman Lockard, made a motion to approve the Timber Tax Levy for Operation 12-231-12 Map R30, Lot 2.  The motion passed unanimously.  
  • Intent to Cut 13-231-01 Map R30, Lot 1 - need signatures  Selectman Thompson, seconded by Selectman Lockard, made a motion to approve the Intent to Cut 13-231-01 Map R30, Lot 1.  The motion passed unanimously.  
  •  New Business  Town Office Administrator Atwell noted most of these items can go on the agenda for the next meeting; there are a couple issues which need to be dealt with tonight.
 
  • Office
  • Payroll Transfers Online  This was tabled to the next meeting.
  • Check Signing Process  This was tabled to the next meeting.
  • Office Correspondence and Liaison  Office staff met with Selectman Thompson who is their liaison; the Office staff think it may be helpful to go through the liaison for daily operational things while for things which deal with policy or the need for guidance will come to the Board.  Selectman Thompson wondered if the Board agreed on how to handle items within the various departments; he wants to know what issues need to come back to the full Board.  It was clarified that any policy changes or items requiring guidance would come to the full Board.  For example; if the Office staff has a question about the Fire Department they will call Selectman Lockard as the Fire Department liaison; it there is no liaison then they will contact Selectman Thompson as their liaison.  
  • PTO clarifications  This was tabled to the next meeting.
  • Job Titles  The Board agreed on Town Office Administrator and Town Office Administrative Assistant for the Office Staff Job Titles.  Currently Julie Atwell fills the former position while Ella Cressy is in the latter.
  • Christmas Farm Inn – Liquor License request – for expanded area  This is private property and the liquor license has been obtained; the Board has no objections to the request.  Selectman Thompson, seconded by Selectman Lockard, made a motion to sign the Liquor License request for an expanded area.  The motion passed unanimously.  
  • Old Library Management Request  Susan May would like the Board to approve the moving of some framed pictures and some rolled up plans out of the vault and displayed in the Old Library building; they are of historical significance.  There is a portrait of General Wentworth.  The Committee would also like the picture of Shapleigh returned to the Old Library; it is now at the Historical Society; they like to have it there because they have so many Shapleigh pictures.  The Committee asked for a framed, smaller copy but apparently a gentle reminder is needed.  These items were discovered three weeks ago in the vault.  The Board has no issues with this and feels no motion is needed.    
  • NH Electric Co-op Ballot  The Board is not interested in filling one of these our for the town; everyone in the Co-op got a ballot at home and the Board didn’t complete this last year.  The Board will leave the ballot unfilled.
  • Old Business
  • Board policy The Board needs to have a Work Session about the personnel policy and look at how paid time off changes could impact vacation time.  Board Policy should be directly related to the Personnel Handbook.  The Board also needs to have a Work Session with Inspector Chalmers to revisit fees.  The Board would like to schedule these in June; members will review their calendars to find a date.
  • Board openings
  • Planning Board There are two seat open; one Regular and one Alternate.  Chairman Allen noted there are also two folks who would like to move within the Board; Scott Badger would like to move to an alternate seat and Dick Bennett, who is an Alternate is interested in taking that.  There was also discussion about moving Darren Levitt and Larry Seibert up.  Chairman Allen, as Selectmen’s Representative to the Planning Board is very comfortable with that proposal as Dick, Larry and Darren have all spent time with the Board and Scott wants to move aside.  The Board would then look to fill three Alternate seats; Scott should fill one of those seats.  Frank Benesh seeks reappointment; he has a good background and provides the ZBA perspective.  Kathleen Dougherty and Bea Davis have expressed interest too so there are four folks applying for three seats.  Selectman Thompson sent a request to the LGC for input regarding having a person on both the ZBA and the Planning Board.  There were a number of potential conflicts of interest by having someone serving on both Boards but it was not illegal.  In our small town it is hard to find anybody to apply; four people applied and Frank is already on the ZBA.  It is his recommendation that the Board take the three who aren’t currently serving on the Board; that gets new blood in there and the town would also not be faced with any potential conflict of interest; this gives the opportunity to folks who aren’t currently serving a chance to serve the town.  Selectman Thompson, seconded by Selectman Lockard, made a motion to appoint Kathleen Dougherty, Scott Badger and Bea Davis to fill the three Alternate seats on the Planning Board.  The motion passed unanimously.   
 
  • Conservation Commission There are two openings and the Board received letters of interest from Larry Seibert, Margaret Graciano and Tom Sidell.  The Board would like Larry to remain involved and Selectman Lockard believes Margaret should be on the Committee.  Selectman Thompson, seconded by Selectman Lockard, made a motion to appoint Larry Seibert and Margaret Graciano to fill the two seats on the Conservation Commission.  The motion passed unanimously.  
  • Library Trustee  Sarah Duffy wrote a letter regarding who she’d like seated.  There is one opening for an alternate; Anne Lee Doig will continue and Sarah would like to add Brian Walker.  Selectman Thompson, seconded by Selectman Lockard, made a motion to appoint Brian Walker as an Alternate Trustee.  The motion passed unanimously.  The website lists Anne’s term as expiring; she will continue in the Alternate seat at this time and if her term was indeed up the Board can take care of that at the next meeting.
 
  • ZBA  There are two seats open; one member and one alternate.  Gino Funicella and Jerry Dougherty, III have applied.  The Board can take both they just have to decide who sits where.  Selectman Thompson would like to see some balance on this group; over the last couple of years there have been some really tough votes on the Planning Board; the balance on that Board shows this; he wants the ZBA to look more like the town it represents.  Selectman Thompson, seconded by Selectman Lockard, made a motion to appoint Jerry Dougherty, III as a Regular Member and Gino Funicella as an Alternate member of the Planning Board.  The motion passed unanimously.  
  • Jackson Water Precinct There is one seat open but this is filled by the Precinct; the Board will contact Police Chief/Water Precinct Chairman Karl Meyers to make sure that’s done.
  • Building Inspection Committee  This committee is not in place yet but there has been a letter of interest as noted at the last meeting from Huntley Allen; his letter of interest will be kept on file.  
  • Emergency Management Director/Health Officer  This position has already been discussed; Tom Greg has been appointed.
  • Job Descriptions  The Job Description for Town Office Administrative Assistant will come to the Board for the next meeting.
  • Treasurer matters  An ad was posted for this position and nobody applied; Treasurer Schomaker has withdrawn his resignation; Town Office Administrator Atwell thinks the town should continue looking; his term ends in 2014.  Chairman Allen thinks Jackson should have a Deputy Treasurer; the Office Staff have talked with Treasurer Schomaker about that; he has to make that appointment and there is no stipend.  Town Office Administrator Atwell noted the Office has looked at restructuring; it is not a bad idea to have a Deputy Treasurer; Treasurer is the only position the town doesn’t have coverage for if Treasurer Schomaker wants to go on vacation.  Selectman Lockard doesn’t think the search should continue; Treasurer Schomaker should be asked who he thinks should be the Deputy Treasurer.  This is tabled for Treasurer Schomaker’s input.   
  • Mirror Lake Lamppost replacement  This was previously discussed; the Office will contact Sarah Duffy, get bids, and bring it back to the Selectmen.  
  • Charitable Exemption Requests (Recommended action is enclosed for each from Jason Call, Assessing Agent)  Assessing Agent Jason Call’s recommendation is to deny all of these requests.  Selectman Thompson, seconded by Selectman Lockard, made a motion to follow the Assessor’s recommendations and deny all three Charitable Exemption Requests.  The motion passed unanimously.    
  • New Hampshire Public Radio Map R17, Lot 31 B-B02
  • New England Forestry Foundation Map R30, Lots 4 and 7
  • Upper Saco Valley Land Trust Map R12, Lot 56
  • Ray Burton – Recognition  This is a request for recognition for anyone who has served the town and is no longer doing so.  Ray Abbot is recommended.  Bea Davis and George Howard were brought forward as well however Bea continues to serve the town and George hasn’t served an extended period of time.  Ray Abbot had forty-six years of service to the Town; the Board feels this needs to be a  stand-alone recognition.
  • Public Comment  Selectman Lockard would like to bring up a letter that was submitted to the Board; Priscilla Protasowicki called the Office and wanted to talk to the Selectmen; she said she’d be in attendance tonight but she is not.  Selectman Lockard read the letter into the record (attached); there are a lot of details involved in this situation but Priscilla’s request to remove the Jackson Police Department needs to be addressed.  Selectman Lockard, seconded by Selectman Thompson, made a motion to not remove the Jackson Police Department as requested by a Jackson resident and that the Board does not find that kind of action supportable.  The motion passed unanimously.  
Selectman Lockard noted he’s new to the Board so he’d like some clarification about the process to get the property that abuts town property; it is an elongated process to get to that property; he’d like to know why Counselor Malia can’t send a Quit Claim to the owner and ask them to sign the property over for a dollar.  There may be other properties that match this situation but Selectman Lockard will pursue information about getting this one property before the next meeting.  Town Office Administrative Assistant Cressy will email Counselor Malia and let him know Selectman Lockard will be contacting him about this property.    

There being no further business, the meeting was adjourned at 7:39 p.m.

                                                Respectfully submitted by:

                                                Martha D. Tobin

                                                Recording Secretary

Attached letter:

To the Jackson Board of Selectmen:

This Board of Selectmen was elected to administer the affairs the Town. The Board of Selectmen should appeal to Superior Court pursuant to RSA 677:4 in defense of the voters of Jackson that have established a 50 foot setback. The decision of the ZBA to grant a variance for Ruppel demonstrates a blatant disregard of the modern court established standards that define unnecessary hardship. The ZBA has clearly over stepped it's authority by establishing new standards, specifically building area density, into Jackson zoning ordinance 4.1.3.2 that can be applied to any property within the Rural Residential District. Building area density is a control used by a planning board while performing site plan review and a ZBA has no authority to use such a standard unless it is specifically stated in the ordinance as a reason to grant a variance. In 1974 when Jackson adopted a fifty foot setback there is no evidence in the record of any discussion about "building area density." The ZBA has also established new zoning districts within the Rural Residential District by stating that this property's  uniqueness is only in comparison to other properties within the "neighborhood" of North Hampshire Ridge.

Aside from the defense of the zoning ordinance the Board of Selectmen should be more concerned with the conduct of the ZBA and their unequal treatment of Jackson property owners that can only be described as shameless favoritism demonstrated by Chairperson Benesh and Dave Mason. To see this one need only to review the record beginning in December of 2012 to present and witness how two other similar applications were handled by Mr. Benesh and Mr. Mason.  This Board of Selectmen should not allow this behavior to go unchallenged as it is the most significant factor contributing to the volatile nature of Town politics and just isn't right.

Respectfully submitted by,
Jerry Dougherty III