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Board of Selectmen Minutes -- 12/15/2011

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

Visitors:       Office Administrator Diane Falcey, Treasurer Warren Schomaker, Police Chief Karl Meyers, Town Council Peter Malia, Building Inspector Andrew Chalmers, Fire Inspector Robert Goudreau, Martha Benesh, Dr. Gerald Carrier, Jerry Dougherty III, Paul Belluche, Joan Aubrey, Roger Aubrey, Hank Benesh, Scott Badger, Roger Chambers, Bob Davis, Denise Sachse, Ron Poirier, Edith Houlihan

Chairman Beatrice Davis called the meeting to order at 4:00 p.m.

  • Proclamations for “Christmas Can Cure”  
  • Honorary Citizens: Edward Platt Family  
  • Honorary Citizens: John Oliveira Family
Dr. Carrier’s family has been providing this experience for Wounded Warriors since 2008 and he is again asking the Board to make the two families honorary citizens of Jackson.  This year the ceremony will be on December 16th at 10 a.m.; Chairman Davis and Selectman Dougherty will be able to attend.  Selectman Dougherty, seconded by Selectman Allen, made a motion proclaiming the Edward Platt Family and the John Oliveira Family to forever be recognized as honorary citizens of Jackson.  The motion passed unanimously.
 
  • Amend & approve minutes
  • Selectmen’s Meeting – December 1, 2011  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the minutes of the Public Session of December 1, 2011 as amended.  Selectman Dougherty would like to discuss one of the amendments which involved the motion to table the discussion for the completion of the cell tower to move on to the next agenda item and then once the Board returned to the discussion the item was tabled to the next meeting with the result that the item appeared to have been tabled twice which can’t be done.  The item was actually passed over in order to move onto the next agenda item due to time constraints and was then tabled followed continued discussion.  The minutes were approved as amended.  
  • Non-Public Session/2012 Budget Wages – December 1, 2011  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the minutes of the Non-Public Session/2012 Budget Wages of December 1, 2011 as amended.  The minutes were approved as amended.
  • Non-Public Session/Bartlett-Jackson Transfer Station Agreement – December 1, 2011  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the minutes of the Non-Public Session/Bartlett-Jackson Transfer Station Agreement of December 1, 2011 as amended.  The minutes were approved as amended.
         
  • NH State Building Codes
  • Robert Goudreau, Fire Inspector  Inspector Robert Goudreau and Town Counsel Peter Malia joined the Board; Inspector Goudreau is here to speak about the State Building Code (SBC); he’s not sure what the confusion is regarding the SBC; the law requires it.  Whether the town issues a permit for work is a different perspective but the SBC applies in Jackson as it does anywhere else in the state.  As further proof of why the SBC applies even if Jackson hasn’t adopted it, Inspector Goudreau brought other laws that Jackson didn’t adopt but that do apply; these include fire permits and restaurant permits; the State Fire Code was not adopted by Jackson but it still applies.  It was clarified that no one is questioning if the SBC is in effect, the discrepancy is who has the authority to enforce it; this Board thinks the Selectmen can enforce that and the Selectmen don’t have the authority to enforce the SBC; only a building inspector who is appointed under RSA 673:1 can.  Inspector Goudreau agrees that the town has to have a “trained person” to do that; Selectman Dougherty noted the State Fire Marshal has the authority to enforce the Building Code and Inspector Goudreau clarified that is only if there is no one qualified in the town; Selectman Dougherty countered it doesn’t say that in the law.  Inspector Gaudreau noted that as the original building department in New Hampshire the State Fire Marshal has been given control under the code.  The Fire Marshal is the ultimate authority and can pass that on to his designee.  Chairman Davis noted when a building permit is issued the town has to follow-through with inspections.  Any time a permit is issued it requires an inspection; the Selectmen are giving their permission to do something so it’s the Selectmen’s responsibility to make sure it’s done as presented.  Selectmen Dougherty disagrees.
 
  • Peter Malia, Town Counsel - Present enforcement of SBC  Town Counsel Malia noted it’s a good idea to have this discussion; he doesn’t disagree with Inspector Goudreau; all construction in Jackson or any other town has to be done in accordance with the SBC.  Where Counsel Malia disagrees is with the Board’s authority to enforce the SBC.  RSA 674:51 and RSA 155A:7 are intertwined.  If the town has a Building Inspector then the legislative body can authorize the Building Inspector to do the inspections but until the legislative body has issued that authority the Building Inspector doesn’t have the authority.  RSA 155 A:2:a states the builder shall be responsible to meet the SBC and there is no liability to the town for this.  It was noted that former Town Counsel Rob Upton had said that the building permit process authorizes the Building Inspector to enforce the SBC; Town Counsel Malia disagrees with that opinion noting this is a process.  Selectman Allen noted that Zoning Ordinance 16.2.10 states “Upon notice from the Board of Selectmen or the Building Inspector that work on any building or structure is being prosecuted contrary to the provision of this Ordinance or in an unsafe or dangerous manner, such work shall be immediately stopped.”  He noted the Selectmen wouldn’t have the ability to determine if work was being done in an unsafe or dangerous manner; Office Administrator Falcey would like to take that statement one step further and ask what guidelines would the town use to determine unsafe or dangerous.  Selectman Dougherty doesn’t see any connection to this because the Building Inspector can be appointed and is not required to have any background; he agrees with how Counsel Malia characterizes it.  Chairman Davis doesn’t see why a town wouldn’t want to have a Building Inspector certified for his job even if the law does not require it.  There is a difference between the SBC and the Life Safety Code.  In order to provide consistency the Board has to follow the law and it says the building official is the one who has the authority to enforce the law.  If the Building Inspector issues Building Permits, Certificates of Occupancy and Certificates of Completion and also reviews the applications the Selectmen take themselves out of it; therefore a vote through the legislative body is the only way to do this.   Counsel Malia also noted that the Zoning Ordinance referenced gives permission to stop construction that might be dangerous or unsafe; it’s not permission to have the Building Inspector do the inspections.  There are those in Jackson that believe Selectmen Allen’s assertion that the Zoning Ordinance gives authority and there are others who think the 2009 vote by the Jackson legislative body means they do not want the Building Inspector enforcing.  Peter would suggest the Board just put this on the warrant to clear up the question of does the legislative body want this or not.  Selectman Allen agrees; he’s gone back to 1987 on this; the intention of the building permitting process is to make a safe home; prior to 2009 there was something in place to enforce the IBC/SBC.  Selectman Dougherty noted there is some merit to that but however the law allows for the local Fire Chief to enforce life safety on all homes if the town were to deem a property unsafe.  Inspector Goudreau noted this isn’t true; they are not able to inspect or enforce this for single or two-family homes unless there is a complaint.  It was agreed this Board isn’t going to come to a consensus and there will be a new Selectboard next year; Counsel Malia thinks the town should continue to do the inspections until March as it would be unfair to all who have been submitting applications to stop before a vote.  The doctrine of Administrative Gloss was cited recently:  If there is an ambiguous law and it has been enforced then the Board can justify enforcing this until the vote comes up in March.  Chairman Davis noted she’s talked to the Attorney General’s office and called State Councilor Ray Burton’s office; the SBC is law; it is inferred that the town does not have to vote to adopt it because it’s law.  Counsel Malia agreed; they don’t need a vote to adopt it because it’s law; however the legislative body has to vote to enforce the law.  Inspector Chalmers noted the Conway Building Inspector has been directed to do inspections on one or two-family homes if there is a request.  Selectman Dougherty would like the Board to define what its policy is; it changes from time-to-time under its own volition; he wants to know what this Board’s policy is in regards to the $10,000 limit.  When Counsel Malia suggested Building Inspector Chalmers explain this Selectman Dougherty stated, “No, the Board of Selectmen sets the policy not Andy.”  He noted that up until June 2010 the town didn’t require Building Permits for any work under $10,000; in June 2010 the town started to require Building Permits for plumbing or electrical inspections; then last week the Selectmen were presented with a permit for Life Safety work that was under $10,000; it came about with no discussion.  Selectman Dougherty doesn’t want Building Inspector Chalmers to say what this Board’s policy is; it’s these Board members’ discussion.  Chairman Davis pointed out the recent Life Safety permit that came forward was for work they started without a permit with twenty-five to forty-thousand dollars in work.  Selectman Dougherty asked “What do we issue a permit for?” and Office Administrator Falcey noted they are issued so the SBC can be enforced; the town is looking for folks to come into compliance.  Selectman Dougherty then asked if he was being hard to understand; he doesn’t want to know about the merits of issuing permits; a policy was instituted with no discussion and he wants to know what this Board’s policy is regarding issuing permits; when does this Board think permits need to be issued?  Inspector Chalmers noted a previous Selectboard started talking about requiring permits for plumbing and electrical work when Shawn Bergeron was the Building Inspector; they made the decision to require inspections.  Selectman Dougherty then asked what the Board’s policy is regarding permits for work under $10,000 and Chairman Davis noted a permit is required for any electrical or plumbing work even if the work is under $10,000.  Selectman Dougherty then asked if someone would answer when a permit is required and when it is not; he was informed if the work is under $10,000, is inside the home with no structural work and no electrical or plumbing work then no Building Permit is required.  Selectman Dougherty noted that the Selectmen think they are allowed to violate their own ordinance.  Paul Belluche asked if there is a section in the RSAs that says if the town is going to go through a process with the legislative body in March then no building permits can be issued for 120 days before and Counsel Malia noted if someone applies for a Building Permit within 120 days of the Annual meeting then the Building Inspector should not approve it if the item would be impacted by that vote.  Selectman Dougherty asked about the legislative body having to approve the Building Inspector’s procedures; those don’t have to be published or made public as it’s the SBC.  As far as setting the Building Inspector’s rate of pay the RSA says the legislative body may set his rate; it doesn’t say shall; so the Selectmen can set his rate of pay.  Counsel Malia reiterated his advice to maintain the status quo for the next ninety days and see how the vote goes.  Selectman Dougherty wants to know what the status quo is and when Building Inspector Chalmers noted the town’s been following the same process for years Selectman Dougherty stated that no, the town hasn’t been doing this for years; he was on the Board when the new policy went into effect requiring permits for work under $10,000 and the Board had no discussion about it and once again the policy has changed with no discussion; he doesn’t understand why this Board won’t discuss its own policy.    
  • Peter Malia, Town Counsel - SBC Petition RSA 675:4  Town Counsel Malia noted as far as this petition goes, Selectman Dougherty can do whatever he wants to do, a Public Hearing will be conducted and if it goes to the Planning Board it will be a ballot vote not a warrant article; Counsel Malia is surprised the LGC considered this to be an amendment.  Usually the petitioned articles that go through the Planning Board are proposed changes to the town’s building code.  This article doesn’t reference the Zoning Ordinance; it doesn’t seek to amend the Zoning Ordinance; it seeks to amend the Selectmen’s policy.  Does the Board of Selectmen forward this to the Planning Board or place it on the warrant; Selectman Dougherty noted that under RSA 674 he can appeal as well as amend a process; the petition is trying to repeal the process the Selectmen have used where there is nothing that allows the Selectmen to do so.  The voters can’t repeal something that doesn’t really exist but it’s what’s been done and he thinks it would be invalid to do otherwise.  He doesn’t think the Selectmen really have the option to decide where to put it; they can reject the validity of it but they don’t get to decide where it goes.  Scott Badger asked if the petition were to go to a Public Hearing with the Planning Board would the Selectmen vote to approve it or not; he was informed the Planning Board would have to vote to “recommend” or “not recommend”.  Counsel Malia suggested Selectman Dougherty could tie this into the Zoning Ordinance by adding “the Jackson building inspector shall not enforce the IBC”; Selectman Dougherty noted he wants the Planning Board to be able to offer what the petitioners want.  This may be a non-binding directive from the legislative body; if this will only be resolved in court someday we don’t need the petition to prevail.  Jerry Dougherty III noted the petitioners didn’t cite a particular section of the code as there is no section that authorizes the Selectboard to do so; they don’t have the authority; many people he spoke with wanted to have the town adopt the SBC; what we have currently is a process by the Selectmen that has been accepted that is not authorized by law so we couldn’t cite it; it is a land use issue.  Chairman Davis will try to get ahold of Councilor Burton; his office told her that it wasn’t required to have a town vote because it is law.  Counsel Malia noted this is all going to be resolved in March anyway but there needs to be a decision as to whether this should go through the Planning Board or go on the warrant with other articles; the LGC says it can go through the Planning Board Public Hearing process; the Board would like to send this to the Planning Board.  Jerry noted that while Counselor Malia says this is all going to be resolved in March; if the Selectmen come to another decision can the Selectboard be taken to court; if the voters say they do not want to enforce the SBC and the Selectboard later decides to do so how is the legislative body, how are home owners or applicants to settle that all in March; would the only alternative be to go to court.  Selectman Allen noted he would abide by the vote of the legislative body and he feels there is not a strong likelihood the Selectboard would go against the legislative body.  It would have to go to court if someone was subjected to the policy after it was voted down.  Selectman Dougherty noted if the Planning Board doesn’t put forth any amendments and this is voted down then he would be willing to reconsider his position although he still would disagree with how authority was granted to enforce this.  The Board should accept this as a land use issue and send it to the Planning Board.  Scott asked is there no value to having it discussed at town meeting; more people would have an opportunity to weigh-in if it was on the ballot.  He was informed it can be discussed under “Any Other Business”.  The Board will get an idea of the legislative body’s feelings through the Public Hearing process but Scott noted that process brings out mostly the opposition.  It was noted that both options could occur; this petition could go to the Planning Board while another petition could go on the warrant; it only takes twenty-five signatures to do that.  Selectman Dougherty noted he’s said this before and will continue to say it; this is a volatile subject and has been divisive; sometimes the people the town does business with get caught in the crossfire; he values Fire Inspector Goudreau and Building Inspector Chalmers good work; thank you.  Selectman Dougherty, seconded by Selectman Allen, made a motion to accept the petition and to submit it to the Planning Board.  The motion passed unanimously.    
  • Building Permits - Andy Chalmers, Building Inspector
 
  • Skinner, Nicholas (Map R12, Lot 165 C-3)  Alterations to exterior rail; interior rail and mud room stairs  Ron Poirier joined the Board; this was an honest error; Mr. Skinner thought Mr. Poirier had applied for the permit while Mr. Poirier thought Mr. Skinner had done so.  They realize a fair amount of work was done without permit or inspections; Inspector Chalmers thought the best way to deal with this was to have the owner apply for a permit for work that was clearly not meeting life safety requirements; in this case the rails; once Mr. Poirier submitted his application, Inspector Chalmers couldn’t imagine a scenario that Selectmen would deny it so he authorized the work to continue; he thought submitting a Certificate of Completion for just the work he had inspected was a good solution.  Selectman Allen is disappointed the Building Permit process wasn’t done right; Inspector Chalmers noted this isn’t new construction it was done in years past; it was not underhanded activity.  Selectman Dougherty asked when the other work that is outside the purview was done and was informed it was done three years ago; that changes Selectman Dougherty’s interpretation; it was a good faith mistake.  He doesn’t think the town should be issuing a permit for work that is estimated under $10,000; Inspector Chalmers noted the work was valued at quite a lot more than $10,000; Selectman Dougherty countered it was three years ago.  Inspector Chalmers noted Mr. Skinner would be happy if the town says there will be no action on the town’s behalf for work that was completed prior to the issuance of the permit; Selectman Dougherty is going to abstain from this.  The only reason for the permit is to satisfy the passing of papers; the folks who are purchasing this are involved in the building trades and want to make sure the town isn’t going to hold them responsible for prior acts.  Selectman Allen would like the town to get fees for the work that was done and if the proper procedure were followed those fees would have been collected; he was reminded that fees are used to cover inspections and Inspector Chalmers has agreed not to bill the town for the additional time this property has required.  Mr. Poirier has been honest and the town won’t incur any additional fees.  If what we are trying to do is punish them for not getting a permit wouldn’t we fine them for not getting a permit for work they did; that’s a one-time violation since it happened three years ago and there would be no way to determine the number of days for the violation.  The one-time violation would be a $275 fine; when asked if Mr. Skinner would be amenable to the fine and the town’s agreement not to hold him responsible for any other obligations Mr. Poirier noted it was his mistake and he’ll pay the fine.  The town has done that before; served notice of violation but never collected fines.  There aren’t many avenues to resolve this; let’s move forward; the town can’t collect fees for work we can’t inspect but we can fine them.  Inspector Chalmers pointed out there have only been a handful of issues like this over the last four years and the town has only had to issue a violation notice with the threat of a fine once; there have been several times when a violation notice has been issued and the work has been corrected.  Mr. Skinner has monies held up in this transaction until this is resolved; the issuance of the Certificate of Completion would fix this.  
  • Skinner, Nicholas (Map R12, Lot 165 C-3)  Certificate of Completion  Selectman Dougherty, seconded  by Selectman Allen, made a motion to issue the Certificate of Completion; to issue a fine of $275 for the violation of building without a permit and further to approve the Building Application for Nicholas Skinner, Map R12, Lot 165 C-3 for alterations to exterior rail; interior rail and mud room stairs.  The motion passed unanimously.    
  • Bird, Michael & Joyce (Map V10, Lot 103) Rebuild two bedroom home  Inspector Chalmers noted this lot is on Tyrol; they submitted an application to tear down the existing home and rebuild a two bedroom home.  This application is almost thirty days old but the owners have to submit a new septic design as the home is more than twenty years old.  The Board needs to either grant an extension or deny the application and have them reapply; the plans they submitted need a lot more work.  Selectman Dougherty, seconded by Selectman Allen, made a motion to extend the consideration of the building application for thirty days for Michael and Joyce Bird, Map V10, Lot 103.  The motion passed unanimously.    
  • Fichera, John, Certificate of Completion (Map R17, Lot 31B)  Inspector Chalmers noted this is the completion of the cell tower; the work was done without any inspections by the town but there is an engineering firm that sent a report that is acceptable and the laws allow for that.  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the Certificate of Completion for John Fichera, Map R17, Lot 31B.  The motion passed 2-0-1 (Davis abstains).    
 
  • Doig, James (Map V3, Lot 46) Certificate of Occupancy  Selectman Allen, seconded by Chairman Davis, made a motion to approve the Certificate of Occupancy for James Doig, Map V3, Lot 46.  The motion passed 2-0-1 (Dougherty abstains).  
  • Russo, Eric (Map R12, Lot 179A) Certificate of Occupancy  Selectman Allen, seconded by Chairman Davis, made a motion to approve the Certificate of Occupancy for Eric Russo, Map R12, Lot 179A.  The motion passed 2-0-1 (Dougherty abstains).  
  • Police Report  Chief Meyers noted the Department had a drive to raise funds for an AED and reached its goal; the town citizens answered the call and were very generous; he’d like to give the donation to the Board and then will request the funds to purchase the AED; each cruiser will have one now.  Selectman Dougherty thanked all those who donated; the Selectmen accepted the funds.  The Police Department budget for 2012 is roughly the same as 2011; there are two changes to the two categories the Department went over:  Part Time Officer Wages and Gasoline; both of these have been increased; the total increase is roughly $2,000.  The Capital Reserve Fund for the cruiser wasn’t funded fully last year; the fund needs to have $10,000 per year in order to rotate the cruisers every five years.  It will be 2014 before the next cruiser is needed and that will be $40,000 – $50,000.  Chief Meyers would like to do a warrant article to replace the Department’s handheld radios; the oldest one is ten years old; the second oldest one was broken and had to be sent out for repair; it was gone for a couple of months.  It will be $9,000 for all three and he’d like to budget for it.  Selectman Dougherty supports this; the cost for the three is $9,468 but the article should have a cushion should there be changes; the article will be for $11,000.  Rather than just increasing the budget, the article will give the voters the opportunity to decide.  Since the last meeting the Department responded to a home with an alarm system that isn’t hooked into a company; there was a disturbance at a local hotel; a high dollar microphone was turned into the Department.  Officers responded to a domestic disturbance at a hotel and while talking to the parties Officers discovered illegal narcotics, one of the parties stated it belonged to him so he was arrested for drugs.  A door was found open at a residence so Officers checked it out; there was a motor vehicle accident by Glenn Ellis Falls; a report was taken of suspicious vehicles in the parking lot of a local restaurant and another business followed up with a bad check which will be a theft case as it was drawn on a closed account.  Officers assisted the Ambulance with a woman who had a stroke.  During the recent high winds there were trees and wires down.  Officers are keeping close tabs on the welfare of an older citizen who has taken on some odd habits.  A report was received of theft of firewood; Officers assisted Conway Police Department in serving a no trespass order to a resident of Jackson; there was another motor vehicle accident on Route 16 in the Notch; there was no tread on the tires; the vehicle went into the guardrail and it turned out the driver’s license and fiscal responsibility has been suspended so the Department will be charging him with those offenses.  One would hope the people stealing firewood get caught and prosecuted.  Selectman Allen asked what the protocol is when a car breaks down on Route 16; he was informed the hope would be that the owner or Sheriff’s Department calls the Department to let Jackson know or at least a note on the car so the Jackson Officers know what the status is.  The next factor is whether the vehicle is off the road or close to the white line; if there’s no note or contact information then generally the State Highway Department wants it towed; towing is usually done at their request; if nothing else Officers will run the license plate and find the owner.    
  • Library 2012 Proposed Budget  Edith Houlihan provided the Board with copies of the 2011 budget-to-date and also the copy of the Library’s draft budget for 2012; since the building wasn’t occupied until November 2010 the budget request for 2011 was really just the best guess.  The Library is looking for increases this year; the cost of the phone lines, electricity, heating, custodial care, fire alarm, elevator inspection were under-budgeted.  They are adding the Director for another day so there’s $39,575 for the payroll.  She reviewed highlights noting the Library received the Jackson Falls Barn Trust which is money that was set aside to take care of the Trickey Barn; this was passed on to the Library Trustees.  This is a million dollar building and it will take money to maintain it; the Library Trustees would like to suggest a Trust for Maintenance Fund.  Selectman Dougherty asked where that money is and was informed it’s in a Money Market account; Edith noted this is the Library Trustees, not the Friends of the Library; they only raise the funds; all those funds are in the control of the Library Trustees.  The Trustees of the Trust Funds give the Library a monthly check from the interest on those funds.  When asked where the funding for a Capital Reserve Fund for Library Maintenance would come from she noted it would be either from the taxpayers or the Library Trustees; she noted that in good faith the Library Trustees put money aside to maintain the building and they are asking the town to do the same.  They’d like the town to start putting in something every year so the funds will be available when major maintenance needs to be done.  If the Selectmen say they want the Library Trustees to put $2000 in the fund then they would ask the town to match that.  Selectman Dougherty hesitates to fund this through taxes; but he is not opposed to starting a Capital Reserve Fund for Library Maintenance; once a Fund like that is created it’s assumed the town will put money in it; he’d prefer to see it funded through donations then the town could create the Capital Reserve Fund and put $3,000 in it to be offset by revenue from funds from the Trustees.  Edith doesn’t see the point in setting up another account if it’s not being funded by taxes.  Office Administrator Falcey cautioned that Trust Funds that are created with tax funds can’t be co-mingled with donations; Selectman Dougherty noted the funds can be offset with donations.  It’s a new building; start that fund now; when asked if the town doesn’t have a Capital Reserve Fund for building maintenance it was noted that building maintenance is in the budget; the town doesn’t have funds for a Capital Reserve Fund for maintenance.  Selectman Dougherty would like to see a Fund for all the town buildings not just for the Library.  Edith noted during 2011 the Library did great with payroll; they got private donations which are in another Money Market Account; under technology; the library software will be updated in 2013 so the Library Trustees have set the money aside.  Some of the Library’s accounts would allow them to use money for that expense when it comes due; the Trust Fund income is awful.  She noted she’ll review the budget tonight and answer questions in January.  Last year payroll was $34,787 and the operating budget was $8885; there was a shortfall of $2800 in operating expenses.  The Library’s income comes from the Trustees of the Trust Fund in a monthly check of $330 with some additional income from things like book sales.  Selectman Dougherty noted, to the best of his knowledge, the gross appropriation was $52,000; $44,000 was raised by taxation with the balance to come from the Trust and other gifts.  This year the Library’s warrant article asks the town to raise $60,000 of which $50,000 is operating expenses and salaries; the additional $10,000 is to be made up from the Eddie March Fund.  Selectman Dougherty noted that historically the revenue from the Trust Funds used to be significantly higher; Edith noted the income was $1200 per month in 2007.  The town used to only pay for salaries but between 2005 and 2011 the town approved paying the Library’s operating expenses.  The town has a million dollar building while the income to use on that building has gone from $1200 to $330 per month and the Library has asked the town to pay for the things the Library has no control of.  It was clarified that operating expenses were never covered by the taxpayers; they were funded by the Trust Fund.  Edith noted that was not enough no matter what they had to take from the Money Market Accounts; this year the Library pulled $2500 to cover the operating expenses that were over and above what was approved.  The Library has to state how much they are going to spend; $60,000 is the gross appropriation of which they are asking the town to pay $50,000 for payroll and operating expenses.  Selectman Dougherty noted he is not up-to-date on this but thought if the gross appropriation is overspent doesn’t the Library have to deal with that by having a deficit spending article? Edith noted that’s not the case for a library; she can spend out of savings; the town can’t.  She noted that what the Library is really asking for is an additional 4.5 hours to pay for staff; the Library needs to have the additional people.  Selectman Dougherty noted the 4.5 hours aren’t going to be easy for the town to swallow; the Library isn’t open an additional 4.5 hours. Edith explained this is just to add enough hours so the director and her staff will be working an overlap of 1.5 hours on two days each week.  The accusation is that the Library is going to want the building opened more but Edith noted the hours were adjusted once the Library opened; it was open five days a week with different hours each day; now they have standard hours on Tuesday/Thursday and Wednesday/Friday.  The budget figures were “ballpark” last year; tonight she is able to show what the Library used and what the Library is asking for; she is hoping the taxpayers will support the building and the services offered; the Library is asking for additional monies over last year as they now have a better handle on the costs involved.    
  • Trust Fund payments to Trustees of Trust Fund - $173,486.45  The voters approved these funds being moved from the General Fund to the Trusts.  The document was signed.   
  • 2011 Equalization Municipal Assessment Data Sheets Certificate  This is certifying that Jason Call has done all this work; this is so Jackson gets the equalized valuation that is set by the DRA.  The document was signed.
  • Circuit installation for generator – Jonathan Taylor Electrical Contract proposal  It was explained this is to set up the circuit panel so it would be in place should the Office need to use a generator; it is $1300 for the ten-circuit panel and installation.  When asked if the intent is to pay this out of this year’s budget or next year’s Office Administrator Falcey noted this was not budgeted for but can be paid for out of this year’s budget if she gets an invoice before the end of December; the bottom-line still won’t be overspent.  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the contract with Jonathan Taylor Electrical to install the ten-circuit panel as presented.  The motion passed unanimously.    
  • Avitar Associates Tax Map Maintenance Agreement Selectman Dougherty, seconded by Selectman Allen, made a motion to enter into the Agreement for Tax Map Maintenance with Avitar Associates.  The motion passed unanimously.  
  • Health Inspector appointment  The Health Inspector position pays $500 annually; the current Inspector recently did an inspection of the school and turned it in.  Selectman Dougherty knows the Inspector was involved with a restaurant; he’s done more work than just the school.  The town needs someone to do this job; Selectman Dougherty doesn’t think the Board has done a good job at telling him what his job is.  The Board agreed to issue payment but it was noted it’s to be paid under protest.
  • Intent to Cut – Yanuck, Robert & Kosstrin, Robin (Map R8-Lot 45) #11-231-09  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the intent to cut.  The motion passed unanimously.  
  • Thank you letter to Susan Way   Chairman Davis read the letter into the record.  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the Thank you letter to Susan Way. The motion passed unanimously.  
  • Thank you letter to Garden Club Chairman Davis read the letter into the record.  Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the Thank you letter to the Garden Club.  The motion passed unanimously.
  • Other Business  Selectman Dougherty asked if, before the budget is finalized, the Board wanted to increase the budget to cover Valley Vision; if so he will follow up with Conway Selectman DiGregorio.  The last quote was $3,000 which would allow for viewing and some time.  Hank Benesh noted folks will be able to watch the streaming video that he is filming at each meeting live if Valley Vision doesn’t work out; it can also be saved online.  
  • Public Comment  There were none.

The meeting was adjourned at 6:32 p.m.


                                                        Respectfully submitted by:

                                                        Martha D. Tobin

                                                        Recording Secretary