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Board of Selectmen Minutes -- 02/03/2011
Present:  Chairman David Mason, Beatrice Davis and Jerry Dougherty IV, Selectmen
 
  Visitors:  Office Administrator Diane Falcey, Road Agent/Fire Chief Jay Henry, Police Chief Karl Meyers, Treasurer Warren Schomaker, Sarah Clemons, Joan Aubrey, Tax Collector & Town Clerk Bill Botsford, Gino Funicella, Office Assistant Linda Dresch, Hank Dresch, Dudley Davis, Paul Palubniak, Bob Davis, Jerry Dougherty, III, Kathleen Dougherty, Roger Chambers, Henry Mock, John Pietkowicz, Annette Libby, John Allen, Transfer Station Manager Jon Edgerly, Betsey Harding, Sam Harding, Sarah Duffy, Kathleen Kopitsky
 
Chairman Mason called the meeting to order at 4:02 p.m.
 
  1.  Approve minutes:
 
  1. Selectmen’s Meeting - January 20, 2010 The minutes were approved as written. 
                
  1. Police Chief Report Chief Meyers reviewed Department activities since the last meeting.  Some items included:  six false burglar alarms; assisting the State Police with a vehicle off the road in the Notch (out of jurisdiction); assisting a motorist who was trying to find a residence and attending to numerous cars off the road.  Black Mountain Ski Area had a night skier trespassing; an inn filed a complaint of a guest doing damage; a case of two ex’s ended in a harassment complaint; a restraining order was gotten and served.  There was an arraignment at District Court; a stalking order was served; there was a toilet eruption at the Town Offices and a person on Carter Notch Road mistook a ski trail for a road and even the tow truck couldn’t get in to help.  The snow cat from Jackson Ski Touring pulled it out.  There was a call from a woman requesting a welfare check on a friend; the house was all shut up.  Officers got a key and found the friend on the floor; she had been there for quite some time; they contacted the ambulance.  Officers also assisted the ambulance with a man who found his father on the floor.  A car that was broken down by the Blake House was towed; Officers assisted with an injured skier at Black Mountain and a drinking establishment called regarding a problem with some patrons but they were gone by the time officers got there.  A report was filed regarding a sign being taken and officers assisted the ambulance with an elderly resident having chest pains.  There was a motor vehicle accident at the Blake House and a smoke detector went off at Mirror Lake.  A summons was served on the gentleman with the dog problem; the owner didn’t take it well coming into the office and yelling at Chief Meyers.  The owner was advised he would be arrested if he stayed at the office.  There is a woman in town that is having medical issues; the police have been there a number of times; the Department is trying to resolve this; they’ve contacted her family.  This didn’t get too far as neither daughter lives nearby.
 
  1. Highway Department  Road Agent Henry noted while he was on his “hiatus” the guys did a good job without him.  He’d like the town to write a letter to Kenny Crowther and Fred Henry, as they went way beyond making sure the roads were okay while Road Agent Henry was gone.  There was a rollover due to speed on Dundee Road and Fred went over and sanded.  There was a light replaced on Rt. 16 by Moon Dance; it’s a sodium light.  He has talked to some folks to get the Lighting Options group together and he listed several folks he’s getting to join in.  The Highway Department has been spending a bit of time plowing since the last report; storms are way above normal; we may not be above in the amount of snow but our sand is taking a big hit.  The new shop is very accommodating; it makes the job of our Highway personnel much easier; they are currently setting it up and organizing.  Jackson’s equipment is getting more maintenance by being in there; we are catching more little things before they break.  Chairman Mason noted the ability to work on the equipment was one of the assumptions made about the new Garage.  The grader is being worked on right now; it didn’t break but the front end doesn’t work.  The hydraulic motors that run the front end aren’t working; all the bearings are worn out and that’s a $6,000 repair.  Road Agent Henry has been thinking about this over the past two years; Jackson needs an all wheel drive grader with the roads the Department has to work on.  Road Agent Henry will make his budget work.  The motor that runs the wheel has a gear that is worn and it’s six hundred dollars for the gear.  Chairman Mason wonders if Jackson is putting enough money aside for equipment; Road Agent Henry thinks Jackson should be putting Fifty thousand dollars per year away for equipment.  This year we put in Twenty-five thousand dollars.  He was asked to make sure the Board knows what’s needed; the Selectmen want to make sure it’s right; as long as the tax rate remains stable and we can do the things we need to do.  Road Agent Henry’s recommendation was that the Board didn’t need to put in Fifty thousand dollars for the truck; Road Agent Henry noted that he thought the Board wanted him to back off on his budget.  Selectman Dougherty noted year-to-year maintenance costs versus the stability of the tax rate over five years are two different things.  Road Agent Henry noted he would be more comfortable with Twenty-five thousand dollars towards the grader and Twenty-five thousand dollars for the truck because we’ll need both at about the same time.  He’s not sure what the Board wanted to put into the Capital Reserve Fund.  The economy is terrible but the price of equipment is just going up drastically with all the emissions requirements; the price on a front end loader from 2011 to 2012 has a Ten thousand dollar increase for just the emission changes on the loader.  They are trying to get off-road engines in compliance.  Selectman Dougherty asked if, when they put in the equipment for emissions, the engines are more labor intensive.  Road Agent Henry thinks it takes less time but when these need work they all go to the dealership; his folks can’t work on the new stuff with all the computerized units.  The Board agrees the town needs to put more than Twenty-five thousand dollars away for equipment.  The overhead doors have been worked on again and we think there’s a resolution; this is the second or third time they’ve had to work on the doors; they keep falling apart.  Selectman Dougherty wants to know if it’s time to ask for new motors and Road Agent Henry noted if this happens again then the Board is going to have to make a decision about what to do.  When they break, we have to physically force the doors to open; he’s concerned we’re going to chase this for a year and then the warranty won’t be any good.  It was noted the Overhead Door folks are going to say this is what Mike (Couture, Architect) designed and this is what we put in.  The Board agreed to see if it breaks again then it will be time to look at something different.  We don’t have any information about propane use for the building yet but Office Administrator Falcey will track this.  Office Administrator Falcey would like to thank Road Agent Henry for responding to a situation with the toilets that could have been a lot worse than it was.    The pipe was clogged but he had to find the cover.  Road Agent Henry is going to find the pump tank too but that’s down eight to ten feet so he’ll look for that in the spring.  
 
  1. Building Permit Business – Andy Chalmers, Building Inspector
 
  1. Stamey, Lynne & Charles (Map R18, Lot 5) Renovate kitchen & bathroom  Selectman Dougherty, seconded by Selectman Davis, made a motion to approve the building permit as recommended.  The motion passed unanimously. 
 
  1. Levitt, Daren & Melanie (Map R12, Lot 100B) Septic System Approval  Selectman Dougherty, seconded by Selectman Davis, made a motion to approve the septic system.  The motion passed unanimously.   
 
  1. Bill Botsford, Tax Collector & Town Clerk
 
  1. Compensation Methods Tax Collector & Town Clerk Botsford is concerned about the proposed article regarding compensation for the Tax Collector & Town Clerk.  Currently he gets a salary plus fees while the Deputy Tax Collector & Town Clerk is paid hourly and the article says hourly only.  Chairman Mason noted the article calls for everyone to be paid hourly.  Tax Collector & Town Clerk Botsford thinks the Town Clerk should be salaried while the Deputy is paid hourly.  Chairman Mason asked him to explain what the problem is with hourly compensation for his position.  Tax Collector & Town Clerk Botsford noted being paid hourly would mean a changeable amount every week.  Chairman Mason noted the thought was that the jobs don’t require traveling nor do they require working at home.  If you are here you are paid for the hours you are working; that’s fair to the worker and to the town.  There is a concern that because of fees there is tendency to focus on fee work.  Tax Collector & Town Clerk Botsford disagrees; he asked if the hourly rate is set.  It was noted this is a proposed article based on concerns brought to the Board; nothing has been set.  Tax Collector & Town Clerk Botsford noted his pay has gone down over the last three years.  Selectman Dougherty noted if the compensation goes from fee & salary to an hourly rate then Tax Collector & Town Clerk Botsford would get paid for what hours he works; the hourly rate would be higher than the fee & salary is currently; this just takes the fees out of it.  Tax Collector & Town Clerk Botsford wondered why the Board doesn’t think salary is appropriate for his position.  Selectman Dougherty asked him to compare how many hours he works with his current salary and asked him if he feels that is fair.  Tax Collector & Town Clerk Botsford reiterated that he is concerned at a change in his compensation to hourly from salary; Chairman Mason repeated his query of why is that change not acceptable; why does he have a problem with going to hourly compensation.  Tax Collector & Town Clerk Botsford stated it would be something else to track but it was pointed out that everybody tracks their time.  Tax Collector & Town Clerk Botsford wondered, if he comes in at 8 instead of 8:30, does that means he would get paid for an extra half hour and Chairman Mason explained, in his business, if an employee’s hours are 8 to 5 and they come in at 6:30 then the employee may not get paid but if we agree that it’s good for that employee to come in earlier then the employee would get paid for coming in at the earlier time.  Tax Collector & Town Clerk Botsford prefers to remain on salary.  Selectman Dougherty wondered, if the amount of money is the same in the end, what’s the difference?  Tax Collector & Town Clerk Botsford noted that presently he has straight salary; he gets no vacation time, no sick time and he gets his salary whether he is there or not.  Chairman Mason pointed out that would be the advantage to keeping the current compensation method; Tax Collector & Town Clerk Botsford noted he doesn’t feel he abuses that.  Office Administrator Falcey was asked what the sick pay policy is and she noted that elected officials are not entitled to sick or vacation pay but the Board can pay it if they want.  When asked what the rule is for paying an elected official, she noted they get paid whether they are at their meetings or not.  Chairman Mason noted Tax Collector & Town Clerk Botsford is an elected official; the Board needs to take that into consideration.  Selectman Dougherty wants more time before making a decision on this.  It was noted that the fees have become an issue; we’re splitting fees and we have to track and bill and pay the fees.  Since Tax Collector & Town Clerk Botsford works the same hours every week would it make sense to make the compensation for the Tax Collector & Town Clerk salary with no fees calculated and the Deputy hourly as the Deputy’s hours change?  Again, Tax Collector & Town Clerk Botsford was asked if he was making the same amount of money for the same amount of time what would be the difference and he responded that he gets the same salary if he’s here or not.  Chairman Mason noted that salary may make sense for an elected official; fees should just come in as income to the Town.  Tax Collector & Town Clerk Botsford noted the fees amount to quite a bit; he was informed the Selectmen are aware of that amount.  Tax Collector & Town Clerk Botsford noted the way this article is worded it changes the Tax Collector & Town Clerk’s compensation from salary to hourly and he doesn’t agree with it. 
 
  1. Legislation Bill LSR930 – This Bill would allow dealerships to process vehicle registrations.  Tax Collector & Town Clerk Botsford noted from the letter he’s received it’s more the dealerships down country that are involved and the Clerks Association is against it.  This would be for initial registrations only.  The dealership would get all of the tax and then they would have to get the money to the town.  Chairman Mason wondered why dealerships think this is a good idea noting that currently dealers can issue temporary plates, the public doesn’t have a problem because they have temporary plates instead of the hard copy.  Selectman Dougherty thinks this might be a State initiative.  It was noted if this were to go into effect there could be issues with folks who have Post Office Boxes such as Jackson getting the fees from a person who lives in Bartlett but has a PO Box in Jackson.
 
  1. Dudley Davis, Chair of the Shapleigh Building Study Committee Dudley Davis distributed a report of some of the things that were discussed for the old library building.  They asked Building Inspector Chalmers about the necessity for toilets in that building; because the library has moved we lose grandfathering in the building but he would stand by it if the Selectmen choose not to put in bathrooms.  Page 4 of the packet is an e-mail sent to the Committee about the expenses that the Library Trustees were paying in the old library building; this is the scope of the amounts put into the building during 2008 – 09.  The last page of the packet is the Jackson Community Church’s position on the old library; the building doesn’t sit on town land it sits on the Chapel’s land and the Jackson Community Church has an agreement on it.  The draft is somewhat general so it allows those entities involved to have enough information to make a decision.  The Committee put forth their suggestions; as a Committee of five people, they feel it would be nice if the town would pay for the upkeep and the townsfolk should have use of the building.  The Historical Society has approached the Committee formally; the Friends of the Library have approached the Committee informally.  Whether there will be a fee involved for using the building the Committee didn’t specify as that is up to the Board.  Chairman Mason asked if anyone has expressed an interest in leasing the building and was informed no one has wanted to lease the building as a whole.  The Historical Society didn’t want the whole building; they lease one from the town already. Some groups, ranging from knitters, bridge and sewing, would like that space and they know there will be no facilities.  A couple of years ago Jackson had no meeting spaces and now there are a few of them.  Of the four meeting places three have facilities.  With this building being so close to the river, putting in bathrooms would be a difficulty.  It could be done with enough money but that would affect the historical value of the building.  It would have to meet ADA requirements meaning they’d have to put in a bigger door and a larger bathroom.  The Committee would like to offer the location as a four-season room.  The big room could be used for meetings or groups while the smaller section could be used for a non-profit to lease to put money back into the building.  Some trust should be looked at being started for this as continuous maintenance would be cheaper than large blocks of maintenance being done down the road.  There are some items that need to be fixed in the building; one would be a permanent exit window, in walking around the building, Inspector Chalmers noticed the window exit and noted it would be allowed and there is room to put in a permanent door now.  In addition Inspector Chalmers made mention of the electrical box.  Fire Chief/Road Agent Henry asked where they had looked at moving the building to and Dudley noted the only spot for it would be the Gray’s Inn property.  Another concern is this proposal would need a town vote for raising the capital and the Committee felt it would be a hard sell.  Chairman Mason noted there’s not a lot of support for moving the building and the town can make use of it where it is, although he’s not sure how useful it is without a bathroom facility.  Treasurer Schomaker did communicate what the Historical Society would use it for so that may be the direction to go.  Dudley noted there was always a counter point for each option.  It could be used for retail space but that somewhat goes against the grain of the church and this building is on their property.  It could be used by people who want a day to display things like a farmers’ market.  Paul Palubniak noted the Friends of the Library would like to continue with their used book sale on the porch because it’s convenient.  Selectman Dougherty noted the Committee did a nice job on the report, it is very helpful.  Dudley thanked all the members of the Committee.  The information for their budget is the same as last year’s as they had nothing else to go by.
 
The Selectmen’s Board meeting was suspended at 5:06 p.m. in order to move onto the Budget Hearing as Noticed. 
 
The Selectmen’s Board meeting was called back to order at 6:25 p.m.
 
  1. Town of Jackson Tax Exempt Status Verification   This is a request from White Mountain Oil and Propane to verify that the town of Jackson is tax exempt; the document was signed. 
 
  1. Form MS-60A – Auditor Option  The town has been informed by DRA that it would be wise to perform a yearly audit.  The Board’s option is an elected auditor with an anticipated audit by the end of September 2011.  There is money in the budget for auditing all the cash accounts by the CPA.  The CPA feels a full audit on an annual basis is more than what is necessary for Jackson.  Given that the RSA now being implemented requires annual audits for all towns, he has pointed out that elected auditors are given flexibility and their work doesn’t have to rise to the level required of a CPA.  He has suggested we elect an auditor and use our CPA’s services as a consultant providing Jackson with the flexibility contemplated in the RSA and giving the auditor required support.  This process should meet requirements without incurring unnecessary expense.  Gino Funicella asked if the Selectmen will be releasing anything about the town wide audit.  There will be a management letter from the CPA with the result of the audit in the town report; there is more detail in the Town Offices if folks want more information.  Gino noted no one knows anything about this.  The audit has been done and was fine.  Selectman Dougherty noted Office Administrator Falcey and Office Assistant Dresch did a tremendous job getting the information together that was needed for the audit.  Sam Harding commented that many in town remember when there was a town auditor and it was so cursory.  It was pointed out that’s the issue the town’s dealing with now.  Selectman Dougherty, seconded by Selectman Davis, made a motion to select the local audit option with an anticipated audit date of September 2011.  The motion passed unanimously. 
 
  1. Intent to Cut Wood:
 
  1. Nancy Gowell, Power of Attorney for Helen E. Buxton Estate (Map V10, Lot 36) 10-231-16T
 
  1. Dinsmore, Stephen & Denise: (Map R30, Lot 6) 10-231-17T 
 
Both documents were signed.
 
  1. North Country Council, Inc. – Conway Bypass Resolution The North Country Council wants Jackson to support the full Conway Bypass.  Their paraphrased letter states it is notifying the Department of Transportation, the Executive Council and the Governor that we think the full bypass is important and the State needs to get the money in their ten-year plan and build it expeditiously.  Selectman Dougherty doesn’t agree but Selectman Davis does.  She noted she travels in the North Country a lot and they need the help the bypass would bring.  Selectman Dougherty will go along with this then.  Selectman Dougherty, seconded by Selectman Davis, made a motion to support the Conway Bypass Resolution as submitted by the North Country Council, Inc.  The motion passed unanimously. 
 
  1. North Country Council, Inc. – Northern Pass Project Survey     This is a survey from the North Country Council but the Board hasn’t seen it; it outlines a potential ten-year impact and what we (as towns) should be working on.  Each Selectman will take a copy and generate questions.
 
  1. Warrant Articles  Office Administrator Falcey noted there are two warrant articles she needs the Selectmen’s input on. 
 
  1. Article regarding the Saco River Land Trust    Selectman Davis thinks as far as conservation goes everybody needs to contribute and if land is put in conservation it should stay in Jackson.  Chairman Mason explained that land being placed in conservation easement doesn’t change the ownership of the land.  If the Conservation Commission is involved they are simply accepting the obligation for monitoring the land to be sure the terms of the conservation easement are not violated.  It is a lot of work and Saco River Land Trust has employees who perform the monitoring.  It is difficult for the Conservation Commission, populated by unpaid volunteers to perform the monitoring required and sometimes it is not done.  The proposed article would allow the Conservation Commission to shift monitoring responsibility to the Upper Saco Valley Land Trust for pieces of property that might be difficult to monitor.  It will also allow the Conservation Commission to provide some financial help to make desirable easements a reality when there is financial need and the Conservation Commission has funds available.  Selectman Davis asked if the Board could hold decision on this tonight to make sure monitoring is all the Saco River Land Trust would be doing.  She noted that land in conservation receives a tax break; and wondered why the Town should pay for that.  Chairman Mason noted the federal tax break doesn’t always translate to cash available for the work necessary to formulate and finalize a conservation easement.  He noted, in his opinion, it would be a shame to miss an opportunity for an attractive conservation easement for the lack of the small amounts of cash often required for document preparation or monitoring.  Chairman Mason will check on this tomorrow with Phil Davies and others at the Saco River Land Trust and a decision can be made at the next meeting.  Office Administrator Falcey reminded the Board they have one more week to pull the warrant together; the Board needs to decide they either do or don’t favor this.  The Board is comfortable with Chairman Mason reviewing the information and determining if the Board is in favor or not. 
 
  1. Article regarding the town purchasing property for $185,000  Selectman Dougherty, seconded by Selectman Davis, made a motion to not support the article.  The motion passed unanimously. 
 
The meeting was dissolved by motion at 6:44 p.m.
 
Respectfully submitted by:
 
Martha D. Tobin
Recording Secretary