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Board of Selectmen Minutes -- 01/06/2011
Selectmen’s Board Meeting
January 6, 2011
 
Present:     Chairman David Mason, Beatrice Davis, Jerry Dougherty; Selectmen
 
Visitors:     Office Administrator Diane Falcey, Police Chief Karl Meyers, Deputy Tax Collector & Town Clerk Jeanette Heidmann, Fire Chief/Road Agent Jay Henry, Phil Davies, Allen Brooks, Sara Duffy and Joyce Allan
 
Chairman Mason called the meeting to order at 4:02 p.m.
 
  1.  Amend & approve minutes
 
  1. Selectmen’s Meeting - December 16, 2010   Selectman Dougherty, seconded by Selectman Davis, made a motion to approve the minutes as amended.  The motion passed unanimously. 
 
  1. Police Chief Report  Chief Meyers reviewed Department activities since the last meeting.  These included:  a call for a domestic dispute at a local motel involving a father and daughter which resulted in the arrest of the father for domestic assault; arrest of a young woman for marijuana and service of a domestic warrant on a local gentleman.  There were two motor vehicle accidents on Route 16 at “dead man’s curve” and there were a number of vehicles off the road last week during the snow event.  There were four false burglar alarms and a barking dog complaint.  The complaint was about an establishment’s dog keeping the guests up and the guests couldn’t get ahold of the owner.  During the snow event there was a car parked on the side of the road where it could be scraped by a plow so it was towed.  There was a call from a gentleman whose house guest was being unappreciative.  The Department helped with a couple of false alarms; assisted the ambulance with a person having a diabetic seizure and also with an elderly resident that just wasn’t doing well.  A dog that followed someone was brought to the Police Department and returned to the owner and the Library turned in a found cell phone and the Department got it back to its rightful owner.  One of Jackson’s citizens needed something mailed off by the end of the year so the Department faxed it for him.  A resident was fingerprinted for SAU 9 and illegal dumping was reported at a dumpster.  The flood light over the Police Department door isn’t working even though they’ve replaced the bulb.  Several years ago there was an issue where the bulb kept burning out and some work was done on it but now it doesn’t work at all.  There’s an issue with the fixture.  It was noted that Office Administrator Falcey will call Dick Bennett on that as he worked on the fixture previously.
 
  1. Highway Report  Road Agent Henry noted his folks are 99.9% moved into the new building and it’s really good.  The due date for finishing was Monday (1.3.11) but it’ll be another month before the contractor finishes up with work that can be done now and then they will need to come back in the spring to finish painting.  The hold up is because we’ve been waiting on lights to come in. 
 
  1. Lighting  Road Agent Henry would like to discuss street lights and how to fix the ones we keep having issues with and those that break.  He’s been talking with the Co-op trying to work this out.  Jackson has a couple of options; the issue is the current arrangement Jackson has not much of a contract; the agreement probably goes all the way back to White Mountain Power.  North Conway has a lighting contract; Jackson doesn’t have a lighting contract.  What we have is lights that we get billed for each month; we pay for usage and they fix it if it breaks.  This agreement could go back to the 30’s.  The Co-op couldn’t fix a light out by the Town Office, so folks from the Highway Department worked on it, fixed it and put it back up.  There are three options for the future: 
 
                                                              i.      Option one is to stay as we are; the lights aren’t fixable and we’re responsible if we fix one and it falls down.  These are old fixtures and one-by-one they are coming down; we lost one in 2009 and another one in 2010.  The lights by the stone bridge are held up with wire ties.  The only option for replacement is high pressure sodium; for a lot of lights on Route 16 that is okay but definitely not for the lights in the village.
 
                                                            ii.      Option two, as recommended by the Co-op, is to buy the existing lights for a buck a pop; they become Jackson’s and we can replace them with LED or sodium or whatever.  We’d pay the Co-op to change out lights at $150 per hour with a one hour minimum.  This can be done in stages.
 
                                                          iii.      Option three is to replace all of the lights and enter into an Energy and Maintenance contract with the Co-op.  Any new contract is going to be more than what Jackson pays now; the energy consumption will be less but the maintenance rate would increase the cost.  The only issue is that the Co-op only has sodium lights. 
 
Chairman Mason agrees that we don’t want high pressure low sodium lights in the village.  Selectman Dougherty suggests the town buy the ones around the village from the Co-op and do what we want to them.  Road Agent Henry would like to find six business owners from the town, not just inn owners, to look into replacements.  Road Agent Henry has been trying to find a light to buy to replace our current fixtures and it’s not easy.  While the Department took the one fixture down and rebuilt it, it’s not an efficient light.  Chairman Mason would like to get input from businesses around the village and the innkeepers.  Road Agent Henry agrees but he wants more input than just from the inn keepers who are going to want the best, highest priced, most antique fixture possible.  If Jackson takes option two the Co-op will sell Jackson the lights then we can do what we want as long as it’s an acceptable fixture.  Selectman Dougherty noted this sounds like our only option.  The Co-op representative was going to speak with his higher-ups about this but it would give us the option to look.  Road Agent Henry noted it makes no difference if we leave it the way it is; we have fifty lights in the village and we could go years without having issues.  If we buy them the contract is going to change, we’ll pay for changing bulbs while now we don’t.  Currently Jackson pays $9,000 per year for lighting.  Chairman Mason noted if the Co-op says a fixture can’t be fixed then they’ll stick up a sodium light so we either have no light or a sodium light.  Selectman Davis noted that the current lights don’t last; time and time again Jackson puts in new bulbs.  Road Agent Henry can’t find a fixture he likes and wants someone else to work on this as he has enough to do.  Chairman Mason noted that Jackson doesn’t have to do anything right now and it would be a good idea to find some people who are interested in this project.  Police Chief Meyers has already expressed an interest as has an inn owner, a landscaper, a restaurant owner and a former selectman.  Selectman Dougherty, seconded by Selectman Davis, made a motion to form a Committee of six people comprised of business owners and residents to review fixtures with the Co-op.  The motion passed unanimously.  Road Agent Henry noted he and Chief Meyers will get together on this; perhaps Chief Meyers will Chair the Committee.   
 
  1. Fire Report  Fire Chief Henry noted that he’s having an issue with Nestlenook Inn; there have been seven or eight false fire alarms; Kirk is trying but he’s had issues with the alarm company; we had a false alarm just today.  They have to get this resolved, our volunteers are sick of getting up at 2 a.m.  Inspector Goudreau started back today and Fire Chief Henry had him send a letter.  Chairman Mason asked if Inspector Goudreau is correct that the town can disconnect them if we have false alarms continuing to come in; Fire Chief Henry has discussed the liability; the alarm isn’t shut off but it won’t go to a call center and the Fire Department won’t get called out.  He doesn’t want to do that right now.  Chairman Mason noted that Inspector Goudreau said there’s an RSA and Fire Chief Henry noted Inspector Goudreau did explain some more about it; we don’t tell them we won’t respond; we take it off the central station call in.  It is their responsibility to maintain their alarm system.  We have to figure this out; he met with Kirk today; Pope Security was supposed to come in after the first of the year.  Fire Chief Henry asked Inspector Goudreau to give him a warning; he doesn’t feel it’s worth giving him a fine right now.  The current fine is $100 per false alarm; Fire Chief Henry will keep the Board apprised of the situation.
           
  1. Building Permit Business – Andy Chalmers, Building Inspector
 
  1.  Badger, Mary A. (Map R17, Lot 20A) Solar Hot Water Panels  Selectman Dougherty, seconded by Selectman Davis, made a motion to approve this permit as recommended.  The motion passed unanimously. 
 
  1. Jackson Public Library
 
  1. 2011 Budget  Chairman Mason asked if the Library has anything to put forward and Allen Brooks noted the one thing that is going to come out is that the Library has an increase in their budget; the majority of that is the occupancy expense that has been added this year.  The Library is now in a bigger building and there are more expenses; the biggest of these are heating and custodial.  Chairman Mason asked what heating costs were in the old library building; he can’t imagine it was inexpensive.  It was $2,000 for last year; it’s a thousand more this year.  It is the Library’s hope that next year this can be brought down if they go with the geo-thermal heating system or even some other technology.  This is a test winter for them in the building; they need to see how efficient the building itself is; and will find out if geo-thermal is worth investing or going with another source.  The Library didn’t have the funds to do the geo-thermal system right away and that may be a good thing as there may be better options.  Chairman Mason asked what the $685 is for Fire Inspection; the Board just signed a contract for sprinkler inspections for $310.  It was explained that contract is just inspection of the sprinklers.  Chairman Mason asked what fire inspections are needed and was informed that Inspector Goudreau said there needs to be an inspection and then Fire Chief Henry also has to look at the building.  Phil Davies pointed out that the Library also doesn’t know where it stands with the elevator inspection either.  Chairman Mason thinks the Fire Inspection line sounds high and wonders if that includes the $310 for the sprinkler inspections; this was affirmed.  The Board approved that contract but didn’t know where those funds were going to come from.  It was noted that during the discussion about the sprinkler inspections the Board reiterated the funds for this would not be paid by the town.  Allen noted that in the past the Library has tried to cover all these expenses with the income from its trust and is now significantly hampered by current interest rates; we are at a third of where we were.  Chairman Mason asked how those funds are held; do they sit in a bank?  Allen noted that’s not the case, these funds are invested in the most safe kinds of things by the Library Trustees but the funds don’t generate much money.  When we could get five percent on our savings it was a good deal; now we are looking for money.  The Trust has been reduced; they took what they could from the Trust to go into the Library.  Chairman Mason asked how much came out and was informed the first chunk was $30,000 and the Smith Fund allowed the Trustees to take fifty percent of it; that was in excess of $20,000 but could be upwards of $35,000.  The Library was funded through the Trust and grants.  Chairman Mason didn’t think Jackson had qualified for state or federal grants; Phil noted while that was true they did get funds from the Ham Foundation and the Co-op; that provided several thousand dollars and there was another grant for a couple thousand.  The Library programs are expected to generate funds.  Programs are not reduced; there is no increase in hours and there is no plan to increase hours unless there is increased demand and use of the Library.  Selectman Dougherty is trying to understand this information and the amounts being discussed here.  Sara Duffy noted last year the monies were allocated into the Jackson Town Buildings line to cover repairs for the old library building at $3,000; that was not in the Library budget.  The Library asked for $3,000 and the actuals came in at $5,000.  The increase is not an increase because of expenses but due to reduced revenue from the Trusts.  Selectman Dougherty noted it’s important to clarify that.  It’s also important to point out that the Library isn’t increasing hours or reducing programs.  Sara noted they are not proposing raises either.  Selectman Dougherty asked if it is known yet what the school is contributing and Joyce Allan noted the school is not contributing; the Library doesn’t have the program any more.  Office Administrator Falcey noted this is part of the $21,000 for 2010.  There were no further questions about the budget but Selectman Dougherty asked how they like their new building; everyone thinks it’s great.  Allen noted Mountain Top Music wants to do an event in the Library in early March so we brought the vocal coach over to the Library.  She said the acoustics are good for vocals, although that may make it difficult to keep conversation levels down.  Allen noted there are some bugs to work out noting that a gentleman got locked in the bathroom last week.  So far the building is great and he hopes we find this is a tight, efficient building.  Allen noted this is thanks to folks like Phil Davies; Joyce noted the increased usage is going to be amazing.  Mountain Top also thinks that they’ll have a decent turnout to see the performances if they are in the new Library. 
       
  1. Bartlett-Jackson Transfer Station  Chairman Mason would like to update folks about the Transfer Station, for the record.  Bartlett is sending a check for the amount of money they appropriated for the backhoe; our understanding is that if we get to the end of our deal and it is determined that equipment is to be split on equalized valuation then they will make up the difference.  They agreed to split all operating costs, including labor, for 2010 based on equalized valuation but have not done that; the funds were appropriated but not paid to Jackson yet.  Bartlett did the same as they did last year which is to pay fifty percent of Jeff Bryant’s wages.  Chairman Mason has sent many missives to Bartlett Selectman and Chairman of the Bartlett/Jackson Solid Waste District Committee Gene Chandler who has noted Bartlett did appropriate the money but their attorney has now told them not to do anything about paying this yet.  Chairman Mason is concerned that Bartlett is not doing something they already agreed to do.  Selectman Chandler expects Bartlett’s attorney to contact them for Bartlett Selectmen’s regular meeting on Friday (1.7.11) morning.  We have a request for a judicial determination and a hearing date of December 2011 on this; in New Hampshire it takes about a year to get scheduled for the courts.  Chairman Mason noted the attorney from Bartlett approached the attorney from Jackson as to whether there is something else they might pursue and we have said Jackson is willing to continue discussions.  Selectman Dougherty asked how much Bartlett appropriated and while Chairman Mason can’t answer that, that appropriation was approved through their town meeting.  Bartlett agreed to cover wages on equalized valuation and that’s what they appropriated.  Previously their recollection was that operating expenses didn’t mean wages, it meant other stuff.  Jackson has been paying more than fifty percent of the wages but has Bartlett’s word that they will adjust the amount when an agreement is reached. 
 
  1. MediComp Plan without Prescription Drug Coverage  This is a plan to be added to those plans that the town already has available.  We have retirees who are on the plan and some of them don’t need the prescription coverage because they are already covered through Medicare Part D.  This will cost Jackson nothing; we’re just making another option available to our folks.  Selectman Dougherty, seconded by Selectman Davis, made a motion to offer the MediComp Plan without Prescription Drug Coverage.  The motion passed unanimously.   
 
  1. Cemetery Lot Agreement  The agreement was signed.
 
  1. MWV Economic Council Appointment (1 year)
 
a. Jackson representation on Board of Directors – Jeff Hayes  Jeff Hayes is the current             representative and is willing to do it for another year; he will also plans to meet with the Selectmen to update them on MWVEC happenings.  Selectman Dougherty, seconded by Selectman Davis, made a motion to appoint Jeff Hayes as the Jackson representative to the MWV Economic Council.  The motion passed unanimously.     
 
  1. Board of Adjustment
 
  1. Two open positions for alternate appointment
 
- One year term (expires 4/1/2012)  There is an indication from Martha Benesh that she would like to be on the Board of Adjustment.  She is the wife of ZBA Chairman Frank Benesh and Chairman Mason has no issue with having this husband and wife on the same board.  Selectman Davis, seconded by Selectman Dougherty (for discussion), made a motion to appoint Martha Benesh to the one year alternate position on the Zoning Board.  Selectman Dougherty is concerned with making this a policy; there is nothing illegal about it; but considering no one else has come forward we have no other options.  Knowing Martha and Frank Selectman Dougherty has no concern that they would collude so he has no issue with these two being on the same board.  Chairman Mason noted Martha’s interest was made known some time ago and he’s taken time to review the situation.  This is not something that would work every time but in this situation it seems okay.  There was no further discussion.  The motion passed unanimously. 
 
- Three year term (expires 4/1/2014)  There being no one else expressing an interest in this position at this time the position is to be left open.  Efforts will continue to recruit another alternate.
 
  1. Intent to Cut Wood
 
  1.  Garland Lumber  (WMNF Unit #16) 10-231-014T
 
  1.  Kosstrin, Robin & Yanuck, Robert (Map R8, Lot 45) 10-231-015T
 
Both documents were signed.
 
  1. Report of Cut: Garland Lumber (R 7, Lot 1) 10-231-006T  The document was signed.
 
  1. Jeanette Heidmann, Deputy Tax Collector & Town Clerk  Deputy Tax Collector & Town Clerk Heidmann is suggesting a change in the way the Clerk & Collectors are compensated.  Currently they are compensated on the basis of salaries plus fees.  Selectman Davis helped by finding a Warrant Article at town meeting that established the method by which the Clerk & Collector are to be compensated.  Deputy Tax Collector & Town Clerk Heidmann recommends a warrant article that speaks to the change of pay.  She read a draft she prepared.  Chairman Mason asked why the compensation method should change and was informed there are two reasons:  The current compensation method may provide inappropriate incentives to do only work that pays fees and it is also time consuming to track fees; it’s an additional burden; in talking with other Clerks there are very few towns using the fee schedule for payment; most have gone to either salary or an hourly rate.  Chairman Mason asked about there being an incentive to do only fee work; is there an option to not do the items that don’t generate the fees.  He wondered if what she means is that now that the fees have been generated there’s an incentive to “put my feet up” because the fee has been generated.  Deputy Tax Collector & Town Clerk Heidmann noted that potential is there.  Selectman Dougherty noted there are other situations where that would be true in places other than Jackson; his question is, “What is fair for compensation?” He wondered what this change would look like as far as appropriating fees from taxes; would the fees offset the costs.  Deputy Tax Collector & Town Clerk Heidmann noted, in aggregate, it could actually be less.  It could be more cost efficient as well.  Selectman Dougherty asked if this discussion should be moved to Non-Public but since this is a general discussion the Board agreed to continue in Public Session.  Chairman Mason noted if Jackson had an employee hired to be in the office a certain number of hours, not working somewhere else, their primary job is to be in a place and to handle the work that occurs during that period of time then an hourly rate is fair.  The employee would get paid for the hours s/he works and would get overtime if s/he works over forty hours.  It’s fair to the town because we only pay them for the hours they put in.  If you have people who tend to take time off, disappear for long periods of time, this is the way to manage that and not have the town in the position of paying for work that is not performed.  This doesn’t have to be decided tonight.  Selectman Dougherty noted this is well said but asked the Board to consider if the elected term of the Clerk has been changed yet.  There has been no change to that term; it continues to be a three year term.  Chairman Mason would like to see some draft language around this proposal.
 
Sarah Clemons asked if this discussion is food for thought that the Clerk/Collector would not be an elected position versus appointed.  Chairman Mason noted the elected Clerk now comes up for reelection in March; he’s not sure appointment is a great idea.  Sarah didn’t mean appointment by the Selectmen; she meant is the Board thinking of a term only of one year?  Chairman Mason is not sure the Board can do that.  Deputy Tax Collector & Town Clerk Heidmann noted this is not recommended because of everything the Clerk/Collector has to learn to do.  Chairman Mason noted Jackson needs to have appropriate people in its building to do appropriate jobs.  He further reminded Sarah that the Board isn’t discussing any specific person this is a discussion about the intent to change this position’s compensation to hourly per Deputy Tax Collector & Town Clerk Heidmann’s recommendation.  It would be prudent that the Board evaluate the compensation plan periodically, maybe annually; is it working, is it achieving the desired outcome.  Deputy Tax Collector & Town Clerk Heidmann explained that she picked random hourly rates to compare how compensation would look.  The details can be discussed with the budget. 
 
  1. Bartlett/Jackson Ambulance  Office Administrator Falcey noted Selectman Dougherty talked with Sue Gaudette; a tentative date has been set for the evening of Thursday the 13th or Monday the 17th.  Brenda is going to ask the Bartlett Selectmen what will work for them. 
 
  1. Non Public Session  Selectman Dougherty, seconded by Chairman Mason, made a motion to go into Non-Public Session in accordance with RSA 91-A:3, IIc at 5:15p.m.  The motion passed unanimously. 
 
  1. Return to Public Session  The Board returned to Public Session at 5:33 p.m.
 
Selectman Dougherty, seconded by Selectman Davis, made a motion to adjourn and dissolve the meeting at 5:33 p.m. 
 
Respectfully submitted by:
Martha D. Tobin
Recording Secretary