Skip Navigation
This table is used for column layout.
 
Board of Selectmen Minutes -- 12/01/2011
Selectmen’s Board Meeting Minutes
December 1, 2011  

Present:        Beatrice Davis, Chairman; Jerry Dougherty IV and John Allen, Selectmen

Visitors:       Office Administrator Diane Falcey, Road Agent/Fire Chief Jay Henry, Police Chief Karl Meyers, George Howard, Paul Belluche, Jerry Dougherty III, Kathleen Dougherty, Hank Benesh, Robert Casella

Chairman Davis called the meeting to order at 4:01 p.m.

  • Public Hearing – Designation of unanticipated $10,847.58 FEMA revenues   Chairman Davis opened the Public Hearing at 4:02 p.m.  It was explained this is money that FEMA reimbursed for work Jackson did to repair Hurricane Irene damage; one part is for emergency responses and the other is reimbursement for the work to repair the damage to Wilson Road.  The Board needs to hold a Public Hearing to approve accepting any unanticipated funds over $5,000.  Selectman Dougherty would like to see these funds put back into the Highway Department operating budget to reimburse the funds spent to repair the roads.  There were no suggestions from the Public.  Office Administrator Falcey noted Road Agent Henry is at a point where he needs to buy tires and supplies, he’s been holding off because he used so much to fix storm damage.  Chairman Davis closed the Public Hearing at 4:06 p.m.  Selectman Dougherty, seconded by Selectman Allen, made a motion to accept the $10,847.58 FEMA reimbursement and to distribute it to the Highway Department operating budget.  The motion passed unanimously.
  • Amend & approve minutes
  • Selectmen’s Meeting – November 17, 2011  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the minutes as amended.  The motion passed unanimously.
  • Non-Public Session – November 17, 2011 Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the minutes as amended.  The motion passed unanimously.
  • Selectmen’s Meeting – November 22, 2011 Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the minutes as amended.  The motion passed unanimously.
  • Police Report  Chief Meyers reviewed activities since the last meeting; some items discussed included: a loose animal complaint that is a reoccurring situation; a woman stopped in to report her daughter’s ex is harassing her daughter; Officers were called to a house on Sugar Hill where kids came to the door asking if they could skateboard in their drive but the occupant thought it was suspicious.  There was a 911 hang-up at a local hotel; a Project Good Morning check; a call from an older lady with a second home who was locked out of the house and had no spare key; Officers sat with her until the locksmith got her back in.  A complaint came in from the state highway department about a vehicle parked in the north bound lane; it had run out of gas but was in the travel lane and had to be towed.  A recent court case concluded with a guilty finding for assault; Officers were called out to a residence on Cameron Drive where someone unknown to them walked into the residents’ house; it turned out to be someone who had hit his head and had become disoriented.  Five folks were fingerprinted for various reasons; a cell phone was turned in and returned to the owner; there was a report taken of theft of a snow plow; a business felt they had some suspicious cars going by at certain times so Officers are keeping a watch on this; a person reported a found dog and Officers coordinated with the owner to return the dog; Officers also arrested a young lady with two bench warrants for DWI out of Berlin.  
  • Road Agent Report  Road Agent Henry reported on a culvert issue near Scott Hayes’s house; there is a culvert that was plugged; the Department flushed it and probably knocked some of the rocks out; it keeps washing out with all these big rain storms; it washed out again the other night.  Diane Muliero gets worried about it but we have a lot of ditches that do the same thing; Chairman Davis noted that eventually something will have to be done.  There is no indication that the culvert is being undermined.  (agenda item #8 is moved to item 4 a)
  • Hazard Mitigation Grant Program – Green Hill Road culvert replacement Road Agent Henry noted the culvert will have to be replaced and it will take $30,000 – $50,000 to do that; he doesn’t have it in this year’s budget but it’s on the list of things to do; he was working on an application for hazard mitigation and discussed this culvert with them; they talked about the criteria Jackson will have to meet to qualify for the grant program; it was recommended Jackson fill out the application but Selectmen Dougherty’s concern is that the town has to have three historical points of data of when the road has washed out; there is none so he doesn’t think the town will qualify for the grant. The money is limited, there is a hierarchy as to where the money is distributed and he doesn’t think Jackson would even make the list.  The Selectmen told Road Agent Henry not to bother with the application; Jackson will take care of the culvert on its own.  The town has to look at the budget and start setting up a priority list of those other things.  
Road Agent Henry noted Diane Muliero won’t quit complaining about the culvert; he’ll do some cementing if it makes her happy but in the next two years the plan will be to rip that all out anyway.  That culvert is in the same shape now as it was ten years ago; it’s not going to collapse any time soon.  He’ll have Scott look at it and they’ll do it if he thinks it should be done.  This will be a substantial project.

Since Road Agent Henry’s last report, the Department employees have been in the shop fixing stuff so he doesn’t have to spend money on it; they are also fixing fire stuff on Highway time.  The budget is not in great shape; he may go over depending on the snow; this year’s snow average is way over already and there have been only two storms; it was wet snow; he’s used a dump trailer of salt so the salt budget is already over; he just wanted the Board to be forewarned.  Road Agent Henry has talked to Office Administrator Falcey about the stuff he needs; what he needs he’ll get; the fire budget should be low so he can pull from that.  Both storms were wet and miserable but there were no issues.  Discussion has been had about planting a new ten foot tree over by the gazebo; Gary planted the one we are using now twenty years or more ago.  There’s really only one area that will support it; it will cost a minimum of $600 for a tree.  The reason he wants to replace it is he doesn’t want to go fifty feet up anymore; they have to put the lights up and take them down every year; they’re spending $500 bucks on lights and it’s time to stop unless someone else wants to do this.  Chairman Davis will check her sources and talk to Gary regarding the specifics; perhaps there’s a chance of a donation.  Due to some construction up on Black Mountain Road, the road started coming apart and Glen Builders was going to fix it with some help from Road Agent Henry; this week they really destroyed it with heavy trucking on it.  He met with Glen Builders; they stopped trucking on it for a while and then they’ll do half loads; once they are done they will fix it.  It’s a case of too much weight on the road and too much water in the ground.  Road Agent Henry is not too worried about this.  Road Agent Henry wants the Selectmen to keep in mind, when they are looking at the budget they’ll notice a drastic difference in the Department’s fuel line item.  The price of fuel is up and out of the $37,000 diesel fuel budget the school uses about $13,000 and then reimburses the town for it; that reimbursement goes to offset taxes, so for years and years the Highway Department has paid for the school buses’ fuel.  Selectman Dougherty wants to know why that is a problem; Road Agent Henry noted it’s not a problem he just wants the Board to remember his fuel usage and the school’s fuel usage are co-mingled; it affects his budget figures.  Selectman Dougherty disagrees; stating it makes no difference to the budget.  Chairman Davis noted the school’s fuel comes out of Road Agent Henry’s expenditure so it looks like the Highway Department uses a huge amount of fuel.  Selectman Dougherty noted that’s just on paper; Road Agent Henry has made it sound like his budget should be reimbursed; he shouldn’t be reimbursed as it doesn’t come out of his budget; Road Agent Henry pointed out that his budget does pay for the school’s fuel.  Office Administrator Falcey has met with Road Agent Henry and they are going to separate the school’s fuel out.  Road Agent Henry would like Selectman Dougherty to explain how he figures the Highway Department’s budget doesn’t pay for the school’s fuel; the reimbursed funds don’t get paid back into his line; it goes into the general fund.  Not knowing what the school is going to use makes it difficult for him to know how much he has to spend.  Selectman Dougherty noted the Highway Department shouldn’t get that money; Road Agent Henry noted he is simply making the point that his budget pays for the school’s fuel and at budget season his budget will show the Highway Department using $37,000 of fuel when in fact it uses only $24,000.  Selectman Dougherty reiterated that Road Agent Henry has intimated he should be getting the money from the school’s reimbursement for fuel and he shouldn’t be.

  • Fire Chief Report  Fire Chief Henry wanted the Board’s input regarding Nestlenook; the Selectmen are happy with the way it is being handled; it’s well documented and straightforward.  The Fire Department’s budget should be low; the Board will notice payroll is up and the call volume is down; this is because four members are doing the Fire Fighter 1 class; fuel is also up as they are using the pickup to go to the class in Berlin; they’ll be done with class in February.  Selectman Dougherty asked if the Fire Department’s fuel is in the Highway Department’s line along with the school’s; Fire Chief Henry noted only diesel is in the Highway Department budget and it’s a very small ticket item, about $2,000; of the $37,000 in the Highway Department’s fuel line $2,000 is for the Fire Department, $13,000 is the school’s and the balance is the Highway Department’s.  Inspections are going very well other than the Nestlenook.  The fire alarm at the old library needs to either be operational or removed as it is considered a false sense of security to leave it in place.  The alarm can be changed from one that calls a center to an alarm that makes noise; if a horn and siren were added someone at the Wentworth would hear it and call it in…  The Board noted this is a historical building and needs a working fire alarm; the alarm was shut off after the library moved.  The building is being heated to fifty degrees with no alarm tied to the temperature of the building.  Office Administrator Falcey noted the building temperature was kept low the same way last year and no alarms went off; Selectman Dougherty noted some of the smoke detectors are sensitive and will go off; he recommends changing the alarm to a local call.  It was explained he’s talking about $1600 or so a year for two required phone lines to do this; no one thinks it’s a good idea; Pope said it would be $60 per month minimum to monitor; Office Administrator Falcey doesn’t have much remaining in her maintenance line; this will wait until January 2012.
  • Building Permits – Andy Chalmers, Building Inspector
  • Skinner Nicholas (Map R12, Lot 165 C-3)  Alterations to exterior rail, interior rail and mud room stairs  Building Inspector Chalmers didn’t inspect some of this work; he only inspected the life safety portion.  This building permit application was submitted after the work was already done; the work was enclosed and not inspected by a town employee.  Selectman Dougherty believes this work was under $10,000 and he’d like to know why this requires a permit.  When informed a permit is required as it involves life safety Selectman Dougherty commented that now it appears that not only is the town issuing permits for work under $10,000 for electrical or plumbing work but now also for life safety work; this conflicts with the ordinance.  Recently when he stated the town is issuing permits for less than $10,000 former Selectman Dave Mason said the town wasn’t doing that but it’s clear that we are and this would be news to the public as well.  He’d also like to know what a Certificate of Completion (COC) is; this Board shouldn’t be acting on these.  Chairman Davis noted this is the first time a COC has come to the Board; Office Administrator Falcey did call Inspector Chalmers to find out what this is; he wasn’t available to return the call before the meeting.  Selectman Dougherty noted that all of the town’s literature says that alterations don’t require a permit if the work is under $10,000.  While tabling was suggested Selectman Dougherty feels this Board needs to make a determination.  Paul Belluche noted it sounds like if someone has a safety bar put in their shower they would need a permit; Selectman Dougherty noted that’s the issue; he has no idea!  Chairman Davis noted she will follow up with Inspector Chalmers on this.  Selectman Dougherty noted this work is about $2,000 and he doesn’t think a permit should be required; perhaps the Board should accept the application and say it doesn’t need a permit as it has in the past.  Chairman Davis thinks this should be tabled until she can discuss it with Fire Inspector Goudreau and/or Building Inspector Chalmers; Selectman Dougherty noted this isn’t a question for Fire Inspector Goudreau or Building Inspector Chalmers; he wants her opinion on this.  Chairman Davis believes the state building code requires the application and inspections.  Selectman Dougherty noted the town has a zoning ordinance that says if the work to be done is valued at less than $10,000 then no permit is needed; currently Jackson does require a permit and inspections for plumbing and electrical work even if the work is under $10,000 and is now requiring the same for life safety work; this is a new part of our process that he was unaware of; he is opposed to this; this work doesn’t require a permit it’s straightforward; this is a decision the Selectmen should make.  Chairman Davis reiterated she will discuss this with the two Inspectors and then bring that information back to the Board.  This item was tabled.    
  • Skinner, Nicholas (Map R12, Lot 165 C-3)  Certificate of Completion  The item is passed over.  
  • Shaw, Brian & Jill (Map R17, Lot 39) New one bedroom home  This application is recommended for approval as all the work complies with Jackson’s zoning ordinance and the state building code.  It was noted they are doing a lot of work at that site for a one-bedroom house.  Selectman Dougherty asked if the Board was leaning towards approving this application tonight; the owner has done everything the town has asked of him; Selectman Dougherty wants to participate even though it goes against his principles; he feels the Board needs to vote as a unanimous front.  With the site disturbance going on up there this could come back and bite the Selectmen so he feels the Board should be united.  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the permit for a one bedroom home for Brian and Jill Shaw, Map R17, Lot 39).  The motion passed unanimously.  
  • Certificate of Completion (Map R17, Lot 31B) 45 foot monopole communication tower installation  Selectman Dougherty reiterated he wants to know what a Certificate of Completion (COC) is; it’s new.  Perhaps because there really is nothing to occupy it can’t be a Certificate of Occupancy so it’s a COC.  No one from the town inspected this construction but a license structural engineer signed off to verify the codes were followed.  Selectman Dougherty noted there are implications on the COC; the Selectmen, by approving this, are certifying the work meets the codes; he is concerned with having no inspection.  This item was tabled to move on to agenda item #7 at 5:00 p.m.  Selectman Dougherty, seconded by Selectman Allen, made a motion to take the item off the table at 5:24 p.m.  The motion passed unanimously.  Selectman Dougherty noted that Inspector Chalmers has signed off on this document so that’s good enough for him but he’s just concerned about the town’s liability because the Selectmen are saying the structure was inspected even though it wasn’t inspected by a town employee.  The Board wants to learn more about COCs and what the liability is on items like this.  The item was passed over.
  • Robert Casella, Northledge Technologies – Town Office computer upgrade  Rob has brought a proposal for replacing the computers in the office; Selectman Dougherty had questions that Office Administrator Falcey couldn’t answer.  There was an extensive discussion about having a server versus separate work stations with the end result being that Selectman Dougherty was actually speaking about one server accessed by three separate work stations not just one central location for everyone to work on.  It is not more cost efficient to replace the server only at this time; the work stations must be replaced; the town can get at least another year out of the server.  Selectman Dougherty asked if there would be a way to update the backup process; currently Office Administrator Falcey is backing up to an external drive.  Rob noted he had discussed doing an offsite back-up nightly and that really is the way to go.  Selectman Dougherty noted that is a service that the town would have to pay for; Rob noted it’s about $15 a month; Selectman Dougherty would prefer to see a flash drive option.  Rob noted the offsite backup allows the town to go back thirty days; if the town uses one back up device then it will have one day to recapture the data.  The benefit of doing it offsite is to get more than one shot to go back; the human element is removed with offsite backup.  Selectman Dougherty pointed out that right now the town has a system that costs nothing a month and offsite backup would mean the town is going to pay $15 per month indefinitely.  It was noted the town doesn’t need to replace the server for another year anyway and can consider that then.  There is no compelling reason to change it unless Office Administrator Falcey doesn’t want to maintain the tapes; the tapes are working.  Rob noted they do fail; Northledge will check the integrity of the tapes when they come in.  He noted there are issues of compliance; he asked how much the town is concerned about taxpayer data; he’s not sure what risk the town is at by having this information in one location.  Selectman Dougherty noted all of that information is public with the exception of the Non-Public Minutes.  The Board is not considering that at this time anyway; the server has a tape back-up system that’s working.  The Windows system will be upgraded to Office 2010.  The other thing Office Administrator Falcey has asked for is faxing capabilities; Porter Office came in today to give a quote and they may get something in the next couple of days; he also checked the copier.  Rob had noted the Clerk/Tax Collector has three or four computers in her office and he’s not sure why when there are only two people in the office; he would suggest combining all of that functionality into one or two computers.  Office Administrator Falcey noted the state owns three of those computers; the town only owns the Dell.  Rob noted the recommendation is to replace work stations every three years; this year the town is replacing all three at once but the town should budget for refreshing these every three years.  There is a certain amount of value to that.  The town has the money in the Capital Reserve Fund to do this.  There were no further questions.
  • Jackson Public Library Trustee Alternate Representative
  • Roger Aubrey (term expires April 1, 2012)  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the appointment of Roger Aubrey for the remainder of Kathleen Kopitsky’s term, which expires on April 1, 2012.  The motion passed unanimously.  
  • North Country Council – Support for Solid Waste Technical Assistance Grant  The NCC represents a number of towns; this is one grant to go to whichever town shows an interest; “first come first served”.   If the town gets funding it could hold trainings here rather than having to go to Conway.  Selectman Dougherty noted there’s no reason not to support this.  Selectman Dougherty, seconded by Selectman Allen, made a motion to support the Solid Waste Technical Assistance Grant.  The motion passed unanimously.
  • Revision of Health Insurance Probationary period  The town found out that its health insurance plan requires a 90 day probationary period if the employee goes to full time even if said employee has already met that 90 day period during part time employment.  The requiring of an additional 90 day probationary period for an employee that is good enough that the town wants him/her to go to full time is punitive.  Selectman Dougherty, seconded by Selectman Allen, made a motion to not require a part time employee that has already met his/her 90 day probationary period to again meet a 90 day probationary period when going to full time status.  
  • IRS 2009 & 2010 Employment Tax Return examination results  The IRS came in and did an audit; they found some of Jackson’s vendors hadn’t completed and signed a W-9; also Martha Tobin and Susan Way were considered contracted labor by the town but the IRS says they are town employees.  The original fine and payment started at $34,472; this has been worked down to $2,402; $900 is the fine for vendors not completing W-9s and the balance is the owed taxes.  Martha will be an employee as of 2012.  Selectman Dougherty asked if there would be any conflict if the Selectmen are Martha’s boss since they approve the minutes; this doesn’t appear to be an issue.  The Board authorized the writing of a check to the IRS for $2,402.00.  When asked which line this would come from Office Administrator Falcey responded she would find an appropriate line item to take it from.




  • Intent to Cut
  • Intent to Cut - Dinsmore, Stephen & Denise (Map R30, Lot 6) 11-231-3  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the Intent to Cut.  The motion passed 2-0-1 (Davis abstains).
 
  • Public Comment   Jerry Dougherty III asked if it’s safe to assume no one knows what the Certificate of Completion is and Selectman Dougherty replied it’s safe to assume the Selectmen know what it is but that it says the work complies but also that no one from the town inspected it; this would be only to show that the building permit is completed.  Jerry asked why there’s a need for a COC at all since the Building Permit concludes twelve months after it’s issued; he wondered where does the town benefit by this process.  Selectman Dougherty noted there may be no benefit but there’s no harm; he wants to verify what’s involved with stating something complies with the state building code but also that we didn’t inspect it.  Jerry noted it appears that this is one more example of “making it up as we go along”.  Chairman Davis stated she will speak with Inspector Chalmers; the Board can understand the COC for the tower as there is no occupation but the Skinner application is a COC and this is the first time one of these has come to the Board.  Paul noted the COC is probably the Inspector’s way to close the permit out.  Selectman Dougherty still wants to know why the Board would sign off stating that it complies if we don’t know it complies; why not just file the permit as complete; if they need it for insurance then that makes the town liable.  Jerry has another question; he’s been hearing that it’s important to do inspections; why in this circumstance is it not important to do an inspection; the COC says the work complies with the IBC 2009.  Jerry noted that’s not for the town to do.  Chairman Davis reiterated she will discuss this with Inspector Chalmers.  Selectman Dougherty noted the Board is being presented with a COC that says it complies with the IBC 2009 but no one from the town did inspections.  Office Administrator Falcey noted the engineer signed off on the application; Selectman Dougherty countered that is not someone from the town.  He asked why the Board isn’t thinking about this; when new things come to the Selectmen they should know about it and understand it.  Office Administrator Falcey noted she did call Inspector Chalmers but he couldn’t be here that’s why she suggested tabling the items; she didn’t want the Selectmen to sign it. Paul asked when the $10,000 limit was adopted; Selectman Dougherty noted it was added in 2001.  The town started with building permits in the 1950’s; the IBC became effective in 2002 while the IRC (residential) became effective in 2007.  Chairman Davis noted Mr. Ray Abbott thought the threshold for permits should be raised; it used to be $2500 and you can’t do much for that.  Jerry noted at some point in time the Selectmen determined an application is needed for everything and that the Selectmen will determine if the work is $10,000 or not.  Selectman Dougherty noted he has an issue with requiring inspections for plumbing and electrical that was done with no discussion and then the person who started it says that’s not what Jackson does.  The Selectmen are violating their own ordinance and he finds the fact that the Selectmen aren’t going to talk about it strange.  Jerry Dougherty III asked where the Board stands on Dickie’s building and was informed the Board has requested a rehearing; the ZBA hasn’t responded yet but they are aware of it.  The homeowner is also aware of the request for a rehearing.  Jerry appreciates the Board’s action on this; it is the proper action.
Selectman Dougherty, seconded by Selectman Allen, made a motion to go into Non-Public Session in accordance with RSA 91-A3 (e) at 5:59 p.m. to discuss the 2012 Budget Wages.  The motion passes unanimously.

  • Non-Public Session RSA 91-A:3 II(a) – 2012  Budget Wages
The Board returned to Public Session at 6:55 p.m.

Selectman Dougherty, seconded by Selectman Allen, made a motion to go into Non-Public Session in accordance with RSA 91-A3 (a) at 6:55 p.m. to review the proposed Bartlett Jackson Transfer Station Agreement.  The motion passed unanimously.

  • Non-Public Session RSA 91-A:3 II(e) – Review proposed Bartlett Jackson Transfer Station Agreement
The Board returned to Public Session at 7:15 p.m.

Selectman Dougherty, seconded by Selectman Allen, made a motion to withdraw the litigation against Bartlett with regard to the Bartlett Jackson Transfer Station.  The motion passed unanimously.

The meeting was adjourned at 7:16 p.m.


                                                        Respectfully submitted by:

                                                Martha D. Tobin

                                                Recording Secretary