Present: Beatrice Davis Chairman, Gino Funicella, Dave Mason Selectmen
Visitors: Jackson Police Chief Karl Meyers, Road Agent Rob Hatch, Sarah Clemons, Dee McClave, Bob Davis, Thom Perkins, Anne Peterson, Bob Kantack, Andy Chalmers. Holly Lewis, Roger Garland, Dana Belcher
The Board was called to order at 4:06 p.m.
1. Approve the minutes of October 6, 2008 The minutes of October 6, 2008 were reviewed and approved as amended.
2. Vote to borrow Tax Anticipation Note of $200,000 under RSA 33.7 which was voted by and accepted by the town in 1995 for an indefinite period of time Selectman Funicella, seconded by Selectman Mason, made a motion to authorize borrowing under a tax anticipation note of $200,000 under RSA 33.7. The legislative grant of authority to selectmen required under RSA 33.7 was voted by the town in 1995 for an indefinite period of time. This motion makes this note available for use until June 30, 2009.
3. Dee McClave Public Assistance Officer (executive session RSA 91-A3 II)
The Board went into Executive Session at 4:13 p.m. in accordance with RSA 91-A3, II
The Board returned to Public Session at 4:32 p.m.
4. Rob Hatch: Road Agent (Thom Perkins; Parking lot on Carter Notch Road) Road Agent Rob Hatch noted that he met with Thom Perkins regarding a parking lot on Carter Notch Road. Rob has concerns regarding maintaining it for the winter and with drainage. Thom came up with a course of action, he understands Rob’s concerns and plans to address them and Rob feels the project should move forward. Thom doesn’t think this should be any problem but Chairman Davis noted the project uses town land for a private enterprise. She wonder what
would happen if another neighbor of town land wanted more parking could they just come to the Selectmen and ask for it. Selectman Mason thinks this is no different than providing parking up at the Falls. Thom will use a private plow person to keep it clear; access to this area has been a problem for the skiers and townsmen have also expressed a desire to have access to the area during the winter. The town has some social responsibility to provide for this. Rob expressed a concern should folks park there overnight but the police can assist with that. Selectman Mason, seconded by Selectman Funicella, made a motion to allow Jackson Cross-Country to construct a parking lot at the top of Carter Notch Road as long as they address the concerns raised by the Road Agent. Selectman Funicella would like to know if anyone will be able to park there or if folks have to have a ski pass; Thom noted they won’t be patrolling who parks there.
The motion passed 2-1-0 (Davis in the negative). Rob reviewed the work completed in the past two weeks. Work continues on the vehicles in preparation for the winter; the new truck was supposed to be ready today but there is an issue with the sander; the dealer is working with International to address this. Rob will have the figures for the transmission on the old truck in time for the budget season. Rob has met with Stephen Illsley, proposed seasonal employee, twice and the Selectmen will meet with him on the 24th at 10:30 to finalize the hiring process. The Fire Department is going up to the top of Tyrol next weekend and want to use the loader; Rob has discussed this with Fire Chief Dubie. Bob Davis asked if Black Mountain is going to be fixed before winter. Rob noted he plans to put gravel down soon.
5. Karl Meyers; Police Chief Chief Meyers reviewed calls for the past two weeks. One of the calls was for a burglary at a town business; $1700 was stolen. Investigation has shown this was perpetrated by an ex-employee and a warrant has been issued for him. There was also another burglary from a town business of $7200; it’s known who did this but at this time we are unable to prove it. Chief Meyers has asked the Chamber of Commerce to remind folks to be careful with their money. The sign at the end of Carter Notch Road
has been stolen; Selectman Mason asked where the town stood on eminent domain for that piece of property and it was explained that Mrs. Pike had agreed to let the town use the turnaround so the town dropped the pursuit of eminent domain. Selectman Funicella asked how a criminal check is done; Chief Meyers noted the person involved has to sign-off on a waiver. He explained if the person refuses to sign-off that’s a sign there’s a problem. He has checked with the state and they think anyone working with or for the town should have a criminal check, including volunteers.
6. Shawn Bergeron, Andy Chalmers Building permits: Holloran – Recommended approval, Savage – Recommended approval please see memo regarding valuation, Lavoie – Recommended approval, Peterson – Recommended approval foundation only please see 4 building permits for signatures. Discussion of items: Lewis, Landess, Eagle Mountain House Andy Chalmers noted the permits are pretty straight forward. One is being held as the value paid on the permit was for $200,000 but the value is closer to $400,000.
· Andy recommended that the Lewis permit from 2005 not be renewed. The inspectors haven’t been called to look at it, if an inspection isn’t done he can’t arrive at the appropriate size or value. Holly Lewis noted the figures for square footage are from the log home company; in 2005 she asked about inspections and was told by the building inspector that a final inspection had been completed. She has renewed every July and had planned to be finished this year but the rain hampered their progress forcing her to request another
renewal. Selectman Mason asked if there is a problem with having an inspection and Holly noted there was no problem; these rules weren’t in place when she got her permit. It was reiterated that an inspection needs to be done before the permit can be renewed. Holly noted she has six pieces of sheetrock to put in and she’s done. The wires are run through the logs and she doesn’t have to have a licensed electrician do the work as it’s her own home. Holly will contact Andy to arrange an inspection and the Selectmen will issue a permit based on the value of the work. Holly will meet with Andy following the meeting to discuss any other inspections she’ll need.
· The Landess property is a prime example of why doing these inspections is important. They have built within the setbacks for the River Conservation District , the neighbors and a private road. They have also built well outside the footprint. The owners can apply for an equitable waiver from the Zoning Board of Adjustment, stating they didn’t know they were violating the setbacks. It was noted Mr. Landess is a building inspector so he did know and the permit clearly states he couldn’t build in the setbacks. If they don’t get the waiver then the property needs to be returned to its original status. The Selectmen are going to issue a letter letting the Landesses know they are in violation and give them the options to remedy the situation. The letter will also go to Frank Benesch, Chairman of the ZBA, so he knows what is coming.
· The Eagle Mountain House General Manager, Mr. Jacobson, met with Selectman Mason and was very upset that the Minutes of September 22nd stated that he had refused to have the sprinkler tests done and that no Permit of Assembly would be issued. Selectman Mason explained the requirement for Life-Safety Inspections and the need to have the sprinkler tests completed. There are a couple of concerns that need further explanation, such as why the fresh air ratio needs to be improved. Andy will provide the codes that apply. Andy has
been in contact with Eastern Sprinkler and their preference is to do a full inspection to test for proper function and make sure there aren’t obstructions. Selectman Mason will continue to discuss this with Mr. Jacobson and his lawyer. The Liquor Commission is aware of this situation and they are investigating why a license was issued without a current Permit of Assembly. Andy believes it would be helpful to Mr. Jacobson to have someone meet with him who is knowledgeable about the codes that apply here. Selectman Funicella asked what options the town has; there are more than ninety rooms being used without a permit and he feels the town should remove the Eagle Mountain House’s ability to operate. Selectman Mason thinks this can be worked out without taking that step. One thing that has upset Mr. Jacobson so much is that he’s never had to have an inspection like this. Notes had been made in the Fire Department records but
nothing was pursued.
· Anne Peterson asked what the status of her permit is and was informed it’s been signed.
7. Building permit & excavation work Selectman Mason noted that the Savages were told it would be okay to excavate before the town issued a building permit but the state requires that all permits for a construction project or subdivision be in place before excavation or clearing may begin. Selectman Mason reviewed RSA 79 and RSA 155-E, addressing timber harvesting and excavation, which states in part that no activity shall be started prior to permits from the State or local authorities being in place. It seems to make sense that before
someone starts work there has been an opportunity to review plans and understand the project. Having this opportunity will help to avoid problems such as setback violations and substandard driveway construction. He suggested the Selectmen consider if we should provide the Building Inspectors, Andy and Shawn, with direction in this regard. Selectman Funicella asked what has to happen if someone is going to blast. Chairman Davis thinks a blast permit has to be issued but Selectman Funicella doesn’t think that’s the case. Selectman Mason will follow up on this; he doesn’t think this is a real problem but that folks should be told they have to wait before starting work.
8. Terry Miller Forest Service Terry Miller reviewed progress on two cuts. One has been in litigation for the past six to eight months. The court upheld the cut but the Sierra Club asked for a stay; when that was denied it moved to the Superior Court. The big concern is with keeping the areas as “roadless” but what folks don’t understand is that these areas already have roads in them as they have to inventory the trees. There is also a concern that there would be other forest areas that would be impacted by this decision. Selectman Funicella asked about the bid and was informed it’s been awarded and the cut has been completed. They have clearance to begin on the road into the next area. The appeals court is reviewing this case; Selectman Mason noted that there is going to be a problem if the trees are already gone before the decision is made. Terry noted that both sides agreed to an abbreviated process so the decision can go through quickly. The Selectmen have been
concerned about damage done to town roads when these areas are logged and had asked that a bond be put up by the logger. Roger Garland noted that they have to comply with state and local laws but there was no requirement for a bond. Selectman Funicella thought the Selectmen had asked the Forest Service to require a bond. Terry doesn’t think the Forest Service made a contract regarding a bond. Rick Alimi may have been in touch with the police regarding a sign on the gate at the top of Carter Notch Road that says “Do Not Block”. The semis need to make a wide swing to get in there and they are concerned with crunching cars that park there. There has already been one incident of a truck being blocked in. Before leaving Roger Garland noted he doesn’t have an issue with requiring a bond as long as it’s consistent with what others have to come up with. The Selectmen will discuss this with Roger at a later
date; explaining that this hasn’t been applied previously as it is a newly added requirement due to concerns about damage that has been done to town roads by logging operations.
9. Dana Belcher, Chamber of Commerce Dana Belcher noted that while the Chamber is doing better every year it is falling on hard times. The state has cut funding this year and it is anticipated that further cuts will come next year. Some members have dropped out as well. The Chamber feels it needs to close its office but there are a number of members who think that would be a loss to the town as visitors would not have a central location to go for information. A suggestion was made that perhaps the Chamber could renovate the office at
Gray’s Barn. Selectman Mason noted that the Gray’s Inn garage is being considered as a possible location for the Highway Garage. If that is the decision the Chamber wouldn’t be able to stay there. Dana was asked what kind of traffic the office has and he informed the Selectmen that there are quite a lot of visitors even though they are only open Monday through Friday. Dana feels that the Chamber is representing the town and it’s important for them to have a presence and be hospitable to visitors. Selectman Funicella would like to know what happens when a member drops out and Dana replied it mostly affects the advertising the Chamber does on their behalf. Dana noted that in addition to the cuts by the state the landlord went up on the rent. Utilities used to be included but now they have to pay separately for that, essentially raising the rent by 150%. It’s very difficult for a non-profit to meet these
changes with a $20,000 deficit. Selectman Mason suggested the Chamber approach some of the businesses around the loop who might have some space the Chamber could use; such as the J-town deli or the former location of the Red Fox Pub. Dana appreciated the suggestion and will follow-up on this.
10. Signatures: Jackson XC Skiing binder agreement 2008/2009 season or indefinite period, Library Trustee for Lisa White sign letter and appointment form, initial CO Wylie These were signed. Lisa is to be appointed for one year.
11. Bartlett/Jackson Ambulance meeting in Bartlett: Please choose 2 Friday dates. We will call Brenda on Tuesday with the dates. The Selectmen chose Friday November 7th or Friday November 14th.
12. FYI: The tax rate will be set with Don Borror, DRA, tomorrow Tuesday, October 21 11:30 a.m.
The Board went into Executive Session at 6:06 p.m. in accordance with RSA 91-A3, II
The Board returned to Public Session at 6:20 p.m.
The meeting was adjourned at 6:20 p.m.
Respectfully submitted:
Martha D. Tobin
Recording Secretary
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