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Jackson Board of Selectmen Meeting
May 3, 2012
Present: Jerry Dougherty IV, Chairman; John Allen and Bob Thompson, Selectmen
Visitors: Office Administrator Diane Falcey, Police Chief Karl Meyers, Roger Chambers, Mary Canty, Hank Benesh, Bill Johnstone, Jenn Anzaldi, Larry Seibert, Bill Wogisch, Jerry Dougherty, Lauren Synott
- Non-Public Session – April 11, 2012 Selectman Thompson, seconded by Selectman Allen, made a motion to approve the Minutes of the Non-Public Session of April 11, 2012. The Minutes were approved as written.
- Building Permit Workshop – April 25, 2012 Selectman Thompson, seconded by Selectman Allen, made a motion to approve the Minutes of the Building Permit Workshop of April 25, 2012. The Minutes were approved as written.
- Public Comment There were none.
- Street Lights – Bill Johnstone, Business Development Executive of NH Electric Coop Bill Johnstone joined the Board. The town has a contract with the Coop to service and maintain the street lights; Jackson pays a flat monthly fee regardless of how much electricity is used. There are about fifty lights in town that need to be replaced. Road Agent Jay Henry formed a Committee to look into replacement options and they came up with a few options from $300 to $700 per light not including installation. The Coop has offered to replace the lights with the option Bill has here today; two of these were already installed; one is directly across from the Town Offices and one is by the fire station. Jackson is one of the last towns that has incandescent light bulbs; these
fixtures are fifty to sixty years old; they are failing; the porcelain is cracking and inefficient; LED street lights are more efficient at 67 watts; the current lights are 189 watts. With the change to LED comes other benefits; incandescent lights have a life of about six months; the LEDs have a five year warranty with an expected life of ten to twenty years before repairs are needed. The Coop has never updated the rate; Jackson pays $90 per month for each light; it costs the town $6683 per month. There will be no cost for the change-out; the Coop is doing a cost-of-service study and without having exact figures for tonight Bill would expect that $6683 to be in the $1200 range. No one wanted the older, orangey, high-pressure sodium lights; that was the main reason to hold back from changing out these fixtures; the LED is a nice white light; the Committee looked at the lights installed at Schouler Park; there were two of the proposed lights installed in town
and there’s been no negative feedback and the recommendation of the Committee is to go with these lights. Larry Siebert noted he’s impacted most as he’s got both of the installed lights near him; he hasn’t even noticed. Bill noted that the current fixture has a bulb that produces glare; these new fixtures put the light on the ground and more light on the ground would provide more safety for pedestrians. Additionally the light hits the ground in a light pattern that is designed for a highway; the current light is in a circle that gets dimmer as it gets wider; no light will trespass onto private property; there are shields on some of the current lights so there are already trespass issues. The current lights are failing and there is no way to replace them other than with these new lights; the other option would be to take the light out. Because these lights are custom made the timeframe for getting them from GE would be six to
eight weeks then the Coop would coordinate the installation with Road Agent Henry. The Coop would try to get them all done at one time. Selectman Allen asked how stable the price is and was informed it’s reasonably stable. Chairman Dougherty asked if the Board wanted to move the decision on this to the next meeting and Selectman Allen noted he is comfortable in voting on this today; there’s no drawback. Bill noted Conway went with the same fixture, taking down the decorative fixtures that they purchased and had shut off to save money. There is no cost up front for the change-out and an approximately $3 change in the total cost. Selectman Thompson feels he can make this decision today as well. Selectman Allen, seconded by Selectman Thompson, made a motion to switch Jackson’s lights to LED through the Coop. The motion passed unanimously. Selectman Thompson wondered what the custom process is on these
lights and Bill explained there are fifteen different configurations that the light can be made in as well as different voltages; there are approximately three hundred combinations. Selectman Thompson asked how it was determined this would be the best fixture for Jackson and was informed the look was determined on how the town wanted it; this is a standard roadway street light fixture. Bill Wogisch asked if these are made in Hendersonville, North Carolina which Bill affirmed; he noted some of these had been outsourced to Mexico but the quality wasn’t what they wanted so the process is returning to the United States.
- Police Report Chief Karl Meyers would like to start off with the ACO issue; he is ready to submit the application for the interested individual but he wants approval for the position. Chairman Dougherty is okay with this. Selectman Thompson noted the question now is whether this person will be a contractor or an employee; Betty is not a town employee; he wondered why Jackson is contracting with her and was informed she is contacted through the Conway Police Department and Jackson uses her services. When asked if the town has a formal contract, Office Administrator Falcey noted there is no contract; Betty submits a bill for her services and Jackson pays it. Selectman Thompson noted if the ACO is a town employee there would be employee expenses involved versus contracting
with Betty. Chairman Dougherty feels the ACO would be an independent contractor; Selectman Thompson noted that the town then wouldn’t take an application for employment. Chairman Dougherty noted Jackson has so far had nothing so to have a memo of understanding or a contract is an improvement. No one is sure whether Jackson was ever exposed to liability by not having a contract with Betty. The changeover will provide better response and more attention. Chief Meyers noted there will be an expense of $195 for a uniform and possibly decals and a Havahart trap which he will take from the Department’s general budget. There’s not much danger of this spinning any bigger than it is. Selectman Thompson is the Police Department liaison and has met with Chief Meyers regarding this and other matters; he feels Chief Meyers has everything lined up; it looks like a responsible and clean-looking budget. The Town will need to write a
letter to Betty regarding the change. The Board needs to work out the details of employment; if she’s a subcontractor then she will need to fill out aW-9 and provide a certificate of Insurance which she would be responsible for. Selectman Allen wondered how much this would cost and Office Administrator Falcey noted it depends on the carrier and the range of risk involved. If this person is an employee her liability would be under the town. It was noted this is a position with a $500 a year stipend. Lauren Synott, who is the person the town is interested in using as its ACO, noted she is taking coursework in Maine to qualify for her certification in Maine; she is electing to do this and is also going to UNH this summer to do another training and will go through the State Fish & Game nuisance animal training. She has regular car insurance and wondered what else she would need. The town is obligated to have proof of insurance for all
of its subcontractors; she needs to contact her insurance company to find out what that would look like. The other option would be to treat Lauren as a town employee which would open the town to liability. There is an assumption that Betty had liability insurance. The Town doesn’t have a minimum amount required for subcontractors however when doing construction there is an amount set; when Jackson built the garage the town negotiated how much coverage the contractors would carry. Selectman Thompson noted it is unclear what kind of liability coverage Betty has just because she has been doing this through the years. There needs to be third party liability insurance; there is a national ACO organization; Lauren will check there as well as talk with her insurance representative. Lauren will need a different policy and will need to name Jackson in it. This move was been brought forward due to Jackson not getting timely responses; it will
increase the quality of animal control Jackson gets; he doesn’t want Lauren to incur expenses because she takes this position; she is already taking on the expense for her trainings. Lauren wouldn’t be doing this for the money; she’s doing it for the town and would be a better choice for ACO. A letter from Keith Bradley was read into the record (attached). This is an appointment to the position just like the Board appointed the Health Officer. Jenn Anzaldi asked how much is budgeted for this position in other towns; no one knows. Jenn noted she called Betty and never got a response; as a business owner with stray animals inside who does she call; Jackson has a high animal concentration. Larry has had strays fenced in his yard; he’s held animals overnight; he’s tried to contact the owners. There have been maybe a dozen times when he couldn’t find anyone to help him out. Selectman Thompson thinks the
Board can appoint Lauren to the position on condition of resolving the insurance situation; the Board doesn’t have to settle whether she will be an employee or a subcontractor today. Lauren comes with a high degree of support in town and from Chief Meyers. Selectman Thompson has been hearing stories about the ACO and no call backs; when there is an animal situation it has to be dealt with. Jackson’s Police deal with a lot of the animal calls but when they need help they need someone to respond. Selectman Thompson, seconded by Selectman Allen, made a motion to accept the recommendation to appoint Lauren Synott as Animal Control Officer for Jackson. Selectman Allen is worried about the insurance; Lauren will make calls tomorrow. Bill Wogisch suggested Jackson contact its insurance carrier, which Office Administrator Falcey has done. If Lauren becomes an employee then she would be covered by the town’s liability insurance
because the Workers Comp carrier requires it. Bill guarantees Jackson has an exposure right now. Lauren wondered how this is handled with the people on the Fire Department and was informed that they are considered employees even though it’s a volunteer force. Jenn asked how much it would cost the town if Lauren were an employee and was informed the town wouldn’t be impacted too much; the additional expense would be Social Security and FICA. It was noted this seems a good way to have a better ACO resource and keep expenses low. Selectman Thompson noted just because there is a $500 budget for the ACO doesn’t mean it would be too costly to have Lauren as a town employee; if there is a stumbling block with insurance there is a way to get this done. There was no further discussion. The motion to appoint Lauren Synott as ACO passed unanimously.
Chief Meyers reviewed Department activities since last week’s meeting; some items included taking a complaint from a local hotel about being defrauded by the NH Coop due to a sizable bill; the Coop called today and served a shut off notice; this is an on-going situation; the bill hasn’t been paid. The hotel is in bankruptcy and had worked out a structured payment which is not being met. Through the court system the Department served a protective order in town. Several folks turned in medications on Saturday’s event; a criminal activity report was taken about a rocket being tossed through a door; there was another call last week about a rocket being tossed through a window in the same area. There was a 911 call from adult siblings in a heated argument; Officers
responded and those involved calmed down.
- Road Agent Report (added) Chairman Dougherty noted Fire Chief/Road Agent Henry is not in attendance tonight as he is taking a course in Littleton to become a Fire Inspector. He asked Chairman Dougherty to mention that Dundee Road is open for use; he has brought in many truckloads of gravel to repair Bartlett into Jackson and also some erosion stone; he spent about $27,000 of the $50,000 appropriated for Dundee Road; he needs to use some of that money to repair Cross Road; he expects that to be $10,000.
- Building Permits – Andy Chalmers, Building Inspector
- Northern Mtn. Realty-Verizon Wireless (Map R17, Lot 31B) Exchange 12 existing antennas The value of this construction is $10,000; Building Inspector Chalmers noted Jackson’s Building Code states if a project doesn’t exceed $10,000 a permit is not needed so this project does not require a permit. Chairman Dougherty would entertain a motion to say this does not require a permit. Larry believes there is electrical work involved in this project which was affirmed; Selectman Thompson noted the problem is the Zoning Ordinance doesn’t stipulate plumbing or electrical; the Building Code requires a permit for all projects despite monetary amount. This is a Planning Board issue. There is nothing ambiguous the Ordinance says if it doesn’t exceed $10,000 it shall not require a building
permit. If inspection is required it is due to the State Building Code in which case the Board can recommend the owners contact the State Fire Marshall. Selectman Thompson asked who is doing the work and was informed the permit was submitted by owner Northern Mountain Realty, Verizon is doing the work. Commercial properties are required to contact the State Fire Marshall so they may have already done this. Selectman Thompson, seconded by Selectman Allen, made a motion to approve the Building permit for Northern Mountain Realty (Map R17, Lot 31B) recognizing that the project doesn’t require one and recommending the owners/contractors contact the State Fire Marshall regarding inspections. The motion passed unanimously.
- Selectmen Board Policy Selectman Allen feels a policy needs to be made about engaging the services of the Town Engineer as well as for use of Town Counsel. Chairman Dougherty disagreed noting that is different; if the project involves septic then it automatically goes to the Town Engineer; he’s not sure how that would work if the Board had to approve contracting with him before moving on those projects. This highlights the fact the town has to come up with job descriptions for everybody; how to use the Town Engineer would be in the job description. Office Administrator Falcey noted that when it comes to site disturbance Jackson has no policy regarding who pays for Engineer Phillips’ services; the town is being charged for work when others are using him for consulting. Chairman
Dougherty noted this has to be discussed; it shows how the current process is deficient and causing problems however this is outside the Board Policy discussion. Selectman Thompson noted “Board Policy” is large and nebulous; the conversation last week was about the ZBA and Selectmen’s use of Town Counsel; the Board dealt with the vacation time part of the personnel policy; he doesn’t see how putting these on as agenda items is going to help the Board. He feels the Board should tackle these one at a time especially job descriptions and performance evaluations; Selectman Thompson is a big believer of yearly evaluations. The LGC should be contacted for job descriptions and performance evaluations they already have then the Selectmen can approach the department heads to look at how to adapt these for Jackson. Selectman Thompson will contact the LGC and sit down with Department Heads he liaises with and craft a sense of what a performance
evaluation would look like. There’s a gray area regarding oversight of the Police Department, the Road Agent and Fire Department; the Selectboard has monetary control but not direct oversight of the Police, the Road crew or the Firefighters. It is not appropriate for the Selectmen to do the performance evaluations of those employees and it may not be appropriate to do evaluations for the Chiefs; job descriptions would help with that. Selectman Thompson will be happy to contact the LGC and will prepare a report for the next meeting. Board Policy needs to address how the Board conducts its meetings, how the Selectmen engage the audience; Chairman Dougherty will come up with this. There are a couple of simple changes to put into the agenda; the Board would like its agenda to mimic the School and Planning Boards’ agendas by adding Old Business and New Business; Selectman Thompson noted having both items on the agenda is common practice.
The Board believes these should be added after the second Public Comment. Board member issues should be added as well.
- Deputy Town Clerk & Tax collector Appointment There was a motion at the last meeting to hire Karen Burton; this is the formal document to do so and is presented for signature.
- Cable Channel 3 – Memorandum of Understanding Selectman Thompson, seconded by Selectman Allen, made a motion to enter into the Memorandum of Understanding between the Town of Conway and Jackson. The motion passed unanimously.
- Eagle Mountain House & Golf Club: Liquor license application Selectman Allen, seconded by Selectman Thompson, made a motion to approve the application. The motion passed unanimously.
- Bartlett-Jackson Transfer Station Checking Account Signature Card The Board members signed the card.
- Bartlett-Jackson Transfer Station roll off truck Selectman Allen, seconded by Selectman Thompson, made a motion to sell the roll off truck. The motion passed unanimously.
- Hazard Mitigation Plan Agreement Office Administrator Falcey noted this Agreement is crafted around what is required by the grant; June will be starting the update next Friday; this document needs to be signed in order for the work to begin. Chairman Dougherty noted when Jackson went through this process June was a tremendous help; Jackson is obligated to do this and can hire a contractor to do it; it’s a requirement of the grant and it doesn’t cost any more to hire someone. Selectman Thompson, seconded by Selectman Allen, made a motion to approve the Hazard Mitigation Plan Agreement. The motion passed unanimously.
- Public Comment There were no comments from the Public at this time however Selectman Allen asked if there has been any word on the new roll off truck for the Transfer Station. Chairman Dougherty noted it is still being used on the road so Manager Edgerly hasn’t been able to see it; he is still looking at the same truck in the Portland area. It is known for a fact that it would take $5,000 just to get the old roll off truck working and at least another $5,000 to keep it working.
Selectman Thompson, seconded by Selectman Allen, made a motion to go into Non-Public Session in accordance with RSA 91-A3, II(e) at 5:59 p.m. to discuss litigation. The motion passed unanimously.
- RSA 91A:3 II(e) - Litigation
The Board returned to Public Session at 6:11 p.m.
There being no further business the meeting was adjourned by motion at 6:11 p.m.
Respectfully submitted by:
Martha D. Tobin
Recording Secretary
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