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Board of Selectmen Minutes -- 11/15/2012
Selectmen’s Board Meeting
November 15, 2012

Present:        Jerry Dougherty IV, Chairman; John Allen and Bob Thompson, Selectmen

Visitors:       Office Administrator Diane Falcey, Police Chief Karl Meyers, Fire Chief/Road Agent Jay Henry, Moderator Bill Kelley, Sheri Kelley, Hank Benesh, Susan May, Jerry Dougherty, Kathleen Dougherty, Joan Aubrey, Marilyn Rodes, Bill Wogisch,

Chairman Jerry Dougherty called the meeting to order at 4:00 p.m.

  • Amend & approve minutes
  • Non-Public Session – October 4, 2012  Selectman Thompson has not written in his corrections yet; the Board agreed to pass over this set of minutes.
  • Selectmen’s Meeting – November 1, 2012  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the minutes of November 1, 2012.  The motion passed unanimously.  
  • Job Description Work Session – November 8, 2012  Selectman Thompson, seconded by Chairman Dougherty, made a motion to approve the minutes of the Job Description Work Session of November 8, 2012.  The motion passed unanimously.  
 
  • Public Comment  There were no Public Comments at this time.
  • Police Report  Police Chief Karl Meyers reviewed Department activities since the last meeting; some items discussed included:  assisting the State Troopers with a DWI arrest and assisting the Ambulance at the Transfer Station when Manager John Edgerly got injured; there were eight false burglar alarms; a report was taken of a disorderly subject at the side of a local road.  Officers assisted the State Police with a motor vehicle accident in the Notch; the elections went well; a report was taken of lost keys and there were two civil standbys for a landlord/tenant issue that is headed to court; the tenant has moved out most items.  Officers assisted the Ambulance with a man with a heart issue; they also assisted the Fire Department with a false alarm at a local restaurant and with an alarm at a residence that was triggered by drywall dust.
  •  Someone turned in some medications to the Department that were no longer needed.  Officers assisted the State Highway Department out where the new traffic light is; that area is posted at thirty mph and people are having a hard time keeping to that.  The cruisers have been fitted-out for winter.  Chief Meyers noted he had mentioned at the last meeting that he had someone interested in becoming a part time Officer; he’d like to put forth the name of Lauren Synott to hire as a part time Officer.  Lauren is Jackson’s current ACO and Chief Meyers has had all summer and fall to observe and interact with her; she would be an asset to the Department.  Chief Meyers would like permission to bring her on part time.  Chairman Dougherty wants to make sure that Chief Meyers is not suggesting something that is going to increase the budget under any circumstances; Chief Meyers noted that because the current part time Officer Saul Rosman has never been available there is a huge chunk of the Police Department’s budget left over; there will be no change to this year’s budget.  Chief Meyers will be looking to increase this line of his budget for next year but his overall budget will decrease.  Selectman Allen asked how many hours are in the budget for the part time Officer; Chief Meyers noted the budget allows for up to thirteen-hundred hours per year; currently Jackson has coverage from seven to midnight five days a week and several hours over the weekend; by adding Lauren, Chief Meyers could increase coverage on the weekends.  There is a training that Chief Meyers used to be able to attend but because there is no one extra he can’t leave the Department unattended; adding Lauren would cover that as well as vacation and/or personal days; she could also help out for special events.  Selectman Thompson asked how many hours Saul has worked; Chief Meyers noted in 2011 he did not patrol one day however he was essential to outfitting Jackson’s new cruiser.  There is $1500 in the budget for part time officers; there is $1200 left in this year’s budget or better.  If Saul was available more Jackson would have the opportunity to use him but he’s not available. There used to be more in the line for part time officers but that line was reduced when the Department got the third officer.  Selectman Thompson noted it seems like Lauren is enthusiastic and dependable; when the Board approved Lauren to take the ACO position folks had asked why the town didn’t have one of its officers fill that role; this would allow the Board to do that.  By bringing her in it would allow Chief Meyers to do his Chief duties and fill in hours; it would be a good thing.  Selectman Allen would like to see some numbers for the budget next year; Chief Meyers noted that overall the budget will decrease but he’s looking to request an increase up to $4000 for the line.  The ACO stipend of $500 is separate.  Selectman Thompson would like to know what is involved with putting Lauren through training; Chief Meyers noted the class is four hours in Littleton on Tuesdays and Thursdays; with all day classes on Saturday in Concord.  Selectman Allen would like to know what Chief Meyers is reducing to net an overall reduced budget; Chief Meyers noted he is cutting the detail budget in half.  Chairman Dougherty noted the detail money is offset by revenue so that figure doesn’t impact the tax rate however, he likes the idea and supports hiring Lauren for the position; the Board will need broader discussion on the budget.  Theoretically, Chief Meyers could fill in the hours with a number of folks and the impact on the budget would be the same and the jump from $1500 to $4000 isn’t much in the big picture but it does need further discussion.  He’d like to get the ball rolling so Lauren can get going on her training.  Selectman Thompson noted the budget questions can be worked out; Chairman Dougherty noted no motion is needed; verbal consent is enough.  Bill Kelley would like to comment that in the mid to late seventies Jackson had three special officers; one thing Jackson hasn’t had for years is a foot patrol in the village every weekend; with the tremendous influx of people and lost parking in the village if the town gets a lot of snow the town will be happy to have someone on foot patrol to keep a lane of traffic open.  He would encourage the Board to look at this when it’s budget time; should Jackson get a heavy winter the Selectmen may thank themselves for the extra help; part of Lauren’s training will be traffic control and once she finishes the Academy she has to ride along and be evaluated before she can be on her own.  
  • During the winter of ’04 on a Friday or a Saturday the S-kimos had a party with the attendant vehicles blocking a lane of Main Street; a town truck was coming down Thorne Hill and a State truck was coming up Main Street and traffic came to a standstill; if the town gets a heavy winter again that is a very likely scenario.  Bill Wogisch would like to know when the person selected for the part time position would go onto the payroll; the training time is on the person; not the town.  It was explained Lauren would go on the payroll as soon as she is hired; once she is qualified with a gun she will be authorized to work for the town; she can have a few months before the Academy where she will be riding along; Chief Meyers noted any time she is in uniform will be paid time.  She won’t receive a check once she is hired until she does actual work; she will not, at any time, pull a weekly compensation.  Chief Meyers noted the hiring process is long and before she can get accepted into the Academy she has to be hired.  Selectman Allen asked if the town needed to advertise the opening; he wants to make sure it’s okay to just hire Lauren.  Chief Meyers noted it is okay to hire her since she is already working in the Department.  Chairman Dougherty noted it all depends on the use; the Selectmen can hire police officers on their own but when it falls under the Police Chief he would recommend the Board make a motion.  Chief Meyers noted he is definitely making that recommendation.  She will have to be sworn in as an Officer as well as qualifying with a firearm; the hiring today is a technicality to get her into the Academy.  Selectman Thompson, seconded by Selectman Allen, made a motion to hire Lauren Synott as a part-time Police Officer in Jackson.  The motion passed unanimously.    
  • Old Library Management Committee – Articles of Agreement & By Laws  Chairman Dougherty noted he hasn’t reviewed these documents yet; he noted since the Committee is looking to set up a 501(c)3 they don’t need the Board’s approval for the Articles of Agreement & By Laws.  Joan noted the Committee is not looking for approval, just the Board’s blessing; this is a town building so it involves the Selectmen as town officials.  The Committee wanted to understand any concerns the Board has.  Chairman Dougherty wondered why Joan was asking to have the town Attorney review the documents and Joan noted she is concerned as she’s never done one of these before; she doesn’t know anything about it.  Selectman Thompson feels it makes sense to have an Attorney review these; they are pretty standard documents so it won’t represent a lot of time.  He’d rather do that instead of finding out down the road something is wrong.  The Board wants to provide that appropriate level of support to the Committee.
  • Building Matters - Andy Chalmers, Building Inspector
  • Hana Equity Partners, LLC (R8, Lot 22) Replace electric, insulation, wall board, tub, toilet, sink and deck  Office Administrator Falcey noted Inspector Chalmers hasn’t sent a recommendation; he’s trying to determine if there is an adequate (fifty foot) setback.  This will be tabled for the next meeting which is December 6th.  The Notice of Violation was sent to them; the town did get an application so one of the concerns has been satisfied.  Chairman Dougherty reviewed the application; the value is under $10,000 however part of this application is that the deck is outside the footprint so this requires a permit; the only remaining issue is the setback which the owners have represented as being sixty-six feet; which is well outside the fifty foot setback.  Chairman Dougherty noted he went out and looked at this property and it looks like it is far more than the thirty feet that Inspector Chalmers indicated; sixty-six feet seems to be on the spot.  Selectman Thompson wants to know if Office Administrator Falcey asked Inspector Chalmers about this.  Hana hired Amonoosuc to do the survey but Inspector Chalmers hasn’t seen the survey; he needs to see that first; he can’t verify or certify that it is sixty-six feet until he sees the survey.
  •  Selectman Thompson wants to know why the town is determining a setback; it is the homeowner’s responsibility to supply that.  There is no building going on there now but the deck is there.  The Board can pass this over to December 6th; by then Inspector Chalmers will see the survey; the Board wants him to be in attendance for that meeting.  The application was signed on November 9th and the Board has thirty days to act on it.  The Board asked Road Agent Henry about the ROW; Road Agent Henry noted he goes ten feet off the side of the road but they are all different.  Chairman Dougherty noted that the ROW should be established when the road is established but Jackson didn’t do that when it built the roads.  The ROW in NH is typically sixty-six feet but it depends on what rule was in effect at the time the ROW was established.  The homeowner has to build eighty-eight feet off the center line (thirty-three plus fifty feet).  For this property, it will depend on what the state’s ROW is there; Kenny will know that; Road Agent Henry noted the telephone poles are typically the edge of the ROW however by the school most of that road is the ROW and at the Vista up by the Baileys’ house; the ROW is in Stackhouse’s driveway, goes over toward the new pump house and then turns; it’s pretty challenging to determine.  
  • Shaw, Brian (R17, Lot 39) Driveway matter  Chairman Dougherty has been talking with Brian Shaw and things are at a stalemate regarding Susan Chase getting paid for the work that was done on her land.  Brian is willing to pay but he wants a release from Susan and she won’t do it.  Chairman Dougherty has offered a solution which will be for Brian Shaw to pay the town for the work done on Susan Chase’s property; the town would pay Susan then release Brian.  Both parties are agreeable to this so at this point he is looking for direction from the other Selectmen.  Selectman Thompson wants to know what the exposure or liability is to the town for handling this.  Chairman Dougherty noted there is probably liability no matter what route the town takes.  There is a town culvert in the road; water comes out of the Shaw’s driveway, goes into the culvert and is discharged onto Susan Chase’s land.  The town has a responsibility in that regard.  Chairman Dougherty’s major issue all along is that the Board reviewed and approved the plan for Shaw’s and said it was okay; the Board approved the engineering that was supposed to prevent that runoff; it is difficult for the Board to go to Brian and cite him for lack of sufficient plans when the Selectmen approved the plans.  If the Board does nothing Susan could try to sue Brian and the town for the water discharge on her property and the town would be liable.  If, on the other hand, the Selectmen facilitate the exchange of money then the town would still be liable for any damage in the same way.  Selectman Thompson asked how the work up there weathered the storm and Road Agent Henry noted he didn’t notice anything; he’s pretty sure the problem is solved as well as it can be.  His concern is what’s to say a year from now that Susan won’t say she doesn’t want town water dumped on her lawn.  Chairman Dougherty doesn’t believe someone can do that; Road Agent Henry noted it’s possible; the town looked into it when work was done up at North Hampshire Ridge; the town had to pay for repairs when a culvert washed out fifteen years ago.  Chairman Dougherty noted the point is this issue is going to exist no matter how the Board deals with it.  The problem is Susan had work done on her property to correct the damage caused by water discharged from Brian’s driveway; Brian wanted to engineer it and Susan wouldn’t allow him to do that and she isn’t willing to release him from responsibility.
  •  Road Agent Henry noted Brian met the site disturbance rules for dumping his water into the town’s culvert and the town was aware of the work that was going to be done; the work Susan’s had done looks like it will work.  Selectman Thompson wonders if the town should bring in an expert to advise the Board on this; should the Board ask Engineer Phillips to weigh in.  Chairman Dougherty doesn’t think the Board needs to do that at this time; he agrees there’s no reason why the town should facilitate the transaction; there’s not a big plus to do it or to not do it; the town has put itself in a messy situation.  The Board needs to look at it regarding fairness; the Board approved the site disturbance plan.  Chairman Dougherty wondered what responsibility the Board assumes when it approves these.  If the Board hadn’t approved the design plan this would be a situation between neighbors.  Road Agent Henry noted if the Board is going to assume this responsibility he would urge them to take a lot of pictures to put in the file; if what Sue built gets changed and she comes after the town again that will be important.  Jerry noted a party can still bring suit against the Board for pretty much anything; it’s anybody’s guess how this would be adjudicated.  Chairman Dougherty noted this is a way to satisfy both parties; the Board can decide to do nothing and let the chips fall where they will and the town’s exposure would be no worse.  Brian is willing to pay Susan for the work under the condition of her releasing him from work she did.  Susan did the work herself and he will pay for it if she releases him from the work performing properly in the future; Susan’s attorney said not to do that so now Brian says no he is not reimbursing her for the work.  The Board could say the town is releasing him from the work she did performing properly; it’s a moot point.  There is no change to the town’s responsibilities but he would advocate for satisfying these two property owners.  Selectman Thompson wondered if Chairman Dougherty is saying the Board shouldn’t have approved the plans; Chairman Dougherty noted that is up for debate; when the site disturbance rules went into effect folks did not want the plans.  Selectman Thompson noted the town is involved; he believes there needs to be something in writing that will acknowledge that the town is mediating in this situation.  Chairman Dougherty agrees there needs to be a document but he didn’t have time to work on it this week.  Selectman Thompson wondered if this even should be done by the Selectmen; he wondered if this should be sent to the attorney.  Chairman Dougherty agrees but believes he can generate the document; the Board can review it and send it on to the attorney.
  •  Selectman Allen thinks the town is going to be liable no matter what.  Selectman Thompson noted that’s why he brought up Engineer Phillips or Town Counsel being involved; this is not a subject matter on which he is an expert; he needs some advice from somebody.  Bill Wogisch believes if Susan Chase is not willing to sign a release then the town has nothing; if Susan cashes the check she is accepting the fix but she should sign a release.  There has been no agreement on a figure although there was discussion.  There are two issues; one is the construction of the ditch and the other is the repair of the horse path.  The figures Brian had showed that the ditch repair was to cost a lot and the repair to the horse path was to cost a little; Brian was willing to facilitate the repairs based on that figure.  The numbers were reversed so now Brian won’t accept the bill even though the total was the same.  Brian was willing to pay but he wants a release; Susan has paid for the work.  Bill Kelley noted this is an issue between neighbors.  Chairman Dougherty noted the town is trying to mitigate the situation because the town approved the site disturbance plan; the town put itself in a liable situation; he is advocating for this solution.  Everyone is content with the work that has been done; Road Agent Henry agrees; it’s the town’s culvert; it is town water running onto Susan’s land.  If Brian changes anything then the town would go after him.  It’s time to solve this problem and move on; if Susan doesn’t like the water coming out of the culvert it’s the town’s issue.  Chairman Dougherty will draw up the document; it’s not like Brian hasn’t been responsive to this; he and Chairman Dougherty have had conversations about this; he will want an extension for his building permit as he hasn’t commenced work yet.  There’s no reason this would prevent the extension of the building permit; the Board can’t approve the extension until the document is vetted.  Jerry noted the Board approved the design of Brian Shaw’s water mitigation; he doesn’t see how the Board can now say it is holding his permit.  Chairman Dougherty noted that is not what the Board is saying at all; the Board wants to address the outstanding issue first.  
  • Storage Bins  Chairman Dougherty noted that about three to four weeks ago Inspector Chalmers asked if the town should be taking action on storage bins on people’s property; there are at least three on properties and all are within the setbacks; Inspector Chalmers is looking for direction on this.  Chairman Dougherty noted Jackson has no ordinance against storage bins; he doesn’t believe action would be appropriate until the town has an ordinance.  Selectman Thompson agrees if the town has no language against them in the ordinance then no action should be taken; the Board has no authority to deal with it.  If the townsfolk want the Board to deal with this then they need to provide the Board with the authority to do it.
  •  Road Agent Henry reminded the Board these are temporary structures; some of these structures have been there for weeks, months and sometimes years; that means it could be there indefinitely.  Office Administrator Falcey wondered why these couldn’t be treated like sheds; Chairman Dougherty noted a shed is a structure.  These are the metal, railroad car size storage containers.  Bill Wogisch wonders how long is “temporary” and when does it become permanent.  The one on Dundee at the Beal’s property has been there for five to six years now.  They tore a building down somewhere between ’04 and ’06; it has a post and beam building in it.  Road Agent Henry noted he has a box trailer that he considers temporary storage; he’s had it for ten to twelve years and he’s moved it about twelve times over the years.  Selectman Thompson asked what can be put in the setback; he was informed the homeowner can’t build in them.  Bill Kelley noted folks could pile up all their furniture and cover it with a tarp in the setback and the Board can’t enforce the setback.  Containers are a big thing now.  Chairman Dougherty wants the Board to be aware that one of the locations is becoming a legal issue; the Board needs to decide what its response is going to be; the neighbors are complaining.  This may be an issue for the Planning Board; it is not a Board of Selectmen’s issue.  Selectman Allen will bring this to the Planning Board.  Road Agent Henry noted he would rather see the containers on the ground than a box trailer with wheels on it.
  • NH Electric Co-op – Petition Plan for Buried Cable on Thorne Hill Road  Chairman Dougherty noted this is a formality; any time the Co-op puts in a new service they have to put one of these in.  Selectman Thompson, seconded by Selectman Allen, made a motion to approve, and authorize the Chair to sign, the Petition Plan for Buried Cable on Thorne Hill Road.  The motion passed unanimously.    
  • Jay Poulin, P.E., H.E. Bergeron Engineers – Groundwater Management Permit (Draft)  The Board reviewed the draft document; Jay is looking for approval on this tonight so Chairman Dougherty suggests either a motion to approve the draft which Jay would then finalize and the Board would sign out of session or it can wait until December 6th.  Selectman Thompson thought Jay was talking about there being some urgency.  Chairman Dougherty noted if the town doesn’t file the permit then eventually DES will take some action.  Chairman Dougherty reviewed the document with the Board and noted it seems proper to him.  Selectman Thompson noted page one asks for a signature and he wants to know who signs it; additionally there’s a $2000 fee due from the applicant and he wants to know who the applicant is.  Office Administrator Falcey asked if there is only one signature needed and Selectman Thompson noted there are two signature lines on page one; Office Administrator Falcey noted the applicant is the town of Jackson; one signature would be Tax Collector and Town Clerk Jeannette Heidmann who is verifying that a copy is on file; the other would be Chairman Dougherty, or whomever else the Board gives the authority to.  This was budgeted for; the Capital Reserve Fund will be used for capping the Melloon Road dump.  Chairman Dougherty noted that is an option and would be ideal; he wants to read the Warrant Article to make sure it is okay to spend those funds on this.  The other option would be for the Board to wait until January for the next budget cycle.  The Board has to budget money in 2013 for this anyway; that would be the most proper way to do it unless the town has money in the line for what HEB was contracted for.  Office Administrator Falcey noted the town has monies in there; she’s not sure it’s appropriate to use the Capital Reserve Fund.  Chairman Dougherty wants to read the specifics of that Capital Fund first.  Office Administrator Falcey has a list on a sheet that summarizes the Capital Reserve Article.  The Board can approve the application.  Selectman Allen, seconded by Selectman Thompson, made a motion to engage HEB for the Groundwater Management Permit at the Melloon Road Dump and to authorize the Chair to sign the Permit.  The motion passed unanimously.  Chairman Dougherty noted that before he signs this document he’ll wait until there is a determination of where the monies are to come from.  
  • Moderator Bill Kelley  Moderator Kelley noted the last time he met with the Board there was the assumption of a complaint; now the town has the official document from the Attorney General’s Office; he wants to go on record as saying things were not handled properly.  He has received about fifteen documents from the Attorney General’s Office during his years but on this document the Attorney General’s Office misspelled Bill’s name and sent it to the wrong address; in addition this was a sensitive enough document that is should have been sent certified.  The document was sent from a different Assistant Attorney General than the one Bill discussed this complaint with.  This is a very sensitive issue; it certainly has bothered Bill immensely.  The only other complaint against him, which was filed years ago, was unfounded.  This complaint has been closed.  The letter was sent to PO Box 336 and the letter was picked up by that individual, which is the Town Clerk; it was received on October 23rd, opened and presented to Bill on November 6th.  He’s not sure why this letter sat around for fourteen days and when he approached the Town Clerk about that she told him she thought it was election information so she thought she should open it then went to the Selectmen’s Assistant to find out what to do with it.  Bill feels the Selectmen need to do something about this; it is borderline illegal.  The Post Office says the Town Clerk’s Office is authorized to open the letter as it was addressed for that Box.  Bill’s concern is that this letter sat around for fourteen days and he wonders who had access to it.  Had the Attorney General acted on this instead of closing it there could have been a lot of information in the letter that no one should have been able to access.  The Board should discuss this as it could happen again.  This was the Attorney General’s letter to an official of Jackson; it should have been put in that official’s hands or brought to the Selectmen.  He’s concerned that those who serve the town can’t have that kind of trust; the handling of this letter caused him to bring the letter to the Board tonight by hand.  The complaint has been closed and the town has to deal with it; Bill wants the Board to be aware of how this was totally mishandled.
  •  He wants it on the record that Jackson has a Town Clerk who stated what she did and why she did it and Office Administrator Falcey said she didn’t open it.  It’s the Board’s prerogative to act on it.  Selectman Thompson has concerns in that this clearly should have been brought to Bill’s attention two weeks ago and he’s very concerned this was not brought to the Board before tonight.  The Board had a meeting on October 25th and another one on November 1st; both of these were after the letter had been received by the Town Clerk.  The letter should have gone straight to Bill; it concerns Selectman Thompson that an official correspondence didn’t get to the party it was addressed to for two weeks; it’s important to get some answers.  Bill noted that anyone reading the letter should have realized this should be passed on.  If anyone in the Selectmen’s Office had gotten this then someone should have called Bill.  Bill noted he had formulated a plan for Election Day as to how things were going to happen and he would have looked at that differently if he’d known this had been received.  Having this letter floating around opened is very concerning.  The gist of the complaint alleges a candidate was prohibited from electioneering and that is not true.  The town had a Police Officer present during that whole thing; the candidate was just prohibited from being in front of the Whitney Building; Moderator Kelley can’t regulate what happens on private property but he believes at the very least the candidates need permission to be on private property.  Moderator Kelley accepted verbal permission but going forward he would want permission in writing.  The Attorney General’s report talks about some rulings; it is contradictory as there is no precise distance; a five-hundred foot restriction is a burden; the one-hundred foot rule is acceptable but the two-hundred foot rule stood up in “Cleveland vs. the City of Seneca”.  Bill asked the Attorney General to talk to the Jackson Police and to come up to Jackson to see what the Moderator has to deal with in this setting.  Unless they do that they can’t fully investigate the charges but they did.  The candidate reported that the Moderator took issue but did not remove him from private property saying to take it back to the Selectmen; the two-hundred foot zone has been established by local ordinance; Bill is willing to take input.  He has no intention of compromising his ability to rule within the law to make a two-hundred foot zone.  He talked to several people in Bartlett and Conway; trying to get in there to vote is like crossing a strike line.  Bill wondered why, if this is not constitutional, this is still an active RSA and why it is in the Moderator’s Book of Rules.  Chairman Dougherty noted the complaint is closed; it has been affirmed that it’s okay to proceed as he has; he has been cautioned that electioneers had problems contacting people going to the polls; this was upheld; there is nothing for the Selectmen to be concerned about regarding the way the Moderator handled the voting there.
  •  Chairman Dougherty’s concern is how the Board is going to handle this; parking is an issue; voting has been an issue; having a legal building has been an issue; now Jackson has a legal building but it’s proximity to the school and business traffic means there is no further compromise to offer.  Chairman Dougherty did ask the school’s opinion and according to Dr. Nelson on a day when school is in session it is the Principal’s decision to make if electioneering can happen on the property; if the school is not in session then it is up to the Moderator.  Bill noted the school is town property so it comes under the statute; it would be treated no differently than private property; he would ask those involved to get written permission to electioneer from the school.  Selectman Thompson noted there is a public hazard there.  At this past March’s election there could have been a blizzard; it’s not hard to imagine what it would be like for both those for and against standing out front; it’s a safety issue to navigate around; he believes it is good logic to uphold the two-hundred foot rule.  While it may have been difficult for electioneers to contact voters they were very visible.  This is a closed matter but there are two issues here; it is important to learn what happened with that letter.  The Board noted there is no need to run this by Town Counsel; if any individual wants to take it further s/he can go before a judge.  Bill thanked the Board members for their support.  Selectman Thompson is so proud that Jackson has such a record turn-out for every vote; he would hate to jeopardize that result.   
  • 2012 Property Tax Rate  Chairman Dougherty noted he has seen this document for two years and has a comfortable understanding of it; he wondered if there are aspects that either Selectman Allen or Selectman Thompson need further clarification on; the tax rate has been set at $10.39 which is fourteen cents higher than July’s; the Board can utilize the Unreserved Funds to lower the tax rate.  The Board is trying to stay consistent regarding the Unreserved Funds; Chairman Dougherty noted Jackson has an Unreserved Fund balance that is far too high; the DRA recommends between five and fifteen percent to be held of the gross operating budget, which for the town and school is $4.5 million for Jackson.  Ten percent of that should be around $450,000; fifteen percent would be $675,000; Jackson’s Unreserved Fund was $965,529 when the books were closed at the end of 2011; at the end of 2010 the Fund was around $878,000.  Selectman Thompson would like to know why the Board is adding to the Fund instead of returning the overage to the taxpayers.  Chairman Dougherty noted the Fund was allowed to grow as the Board was concerned with the possibility of a Statewide Education Tax which would leave Jackson with a $500,000 bill to pay; while that has gone away for now the threat is still there.  Chairman Dougherty noted the Fund looks too high and the Board shouldn’t add to it; the known amount is that this Fund grew $90,000 between years; he recommends reducing the Fund by that amount.  The Fund amount has been growing between $60,000 and $225,000 each year; it’s not poor financial management; it’s the unknowns in the budget.  Selectman Thompson wondered if it would make sense to cap the amount.  Chairman Dougherty noted there will be further discussion on this during the budget presentations; there isn’t a cap on the Unreserved Fund; it’s a targeted percentage.  There needs to be a policy about this but one that would not be tying the hands of the Selectmen.  Currently Jackson’s Unreserved Fund is at about twenty-two percent.  Selectman Thompson wondered why the Board wouldn’t choose to lower it more when the Board already knows it will be way above the recommended amount.  Chairman Dougherty noted he wouldn’t look at that until the figures are reconciled with the tax rate; the Board won’t want to use $400,000 this year to lower the tax rate; utilizing the Unreserved Fund balance at a lower rate will prevent spikes in the tax rate.  The Statewide Education Property Tax is still out there; he just wants to make sure the Unreserved Fund doesn’t grow.  Road Agent Henry and Chairman Dougherty have had a conversation regarding how to utilize some of the Unreserved Fund balance to bring Jackson’s roads back up to a level where the town can maintain them without increasing the tax rate and also to use the Unreserved Fund for the purchase of a grader.  This has to be flushed out by the Selectmen and then there will be a discussion with the voters.  The Board needs to set the overlay this evening, too; the overlay is what is put into the budget for abatements that might come forward in 2013; this year’s overlay is over-budget by quite a bit; Office Administrator Falcey has requested an increase from $4000 to $20,000; Chairman Dougherty supports that.  Office Administrator Falcey explained that Jackson has some valuable businesses that appeal; the real estate market is volatile; she spoke with the Assessor and he thought $20,000 was reasonable.  It’s difficult to control that since the town doesn’t know what it has for appeals coming.  Selectman Allen would like to see $100,000 cut; it would get Jackson towards the seventeen percent target better; it might get Jackson there faster without drastic rate issues.  Chairman Dougherty noted the Board is targeting seventeen percent but that is still too high; the town can maintain its cash flow with that; the town hasn’t had to borrow to meet it’s budgetary needs since 2009 or ’10.  When Jackson has had an Unreserved Fund of $500,000 it has had to borrow once or twice a year; the Board has to weigh the costs against the fairness to the taxpayer of having money lying around not doing anything.  Chairman Dougherty and Selectmen Thompson support the $100,000.  Last year the Board targeted the tax rate; this year the focus will be on the Unreserved Fund.  Selectman Allen, seconded by Selectman Thompson, made a motion to utilize $100,000 of the Unreserved Fund to offset the tax rate.  The motion passed unanimously.  Selectman Allen, seconded by Selectman Thompson, made a motion to set the overlay at $20,000.  The motion passed unanimously.  This sets the tax rate at $10.131 without the Village District.  The tax rate didn’t go up because the school returned $250,000; the county rate was flat so the overall rate will go down.
  • Public Comment  Jerry Dougherty accepts and endorses the use of the Unreserved Fund as discussed as well as using the anticipated increase; to allow the Unreserved Fund to increase over fifteen percent is not smart.  He also accepts that the voters should have a say regarding using the Unreserved Fund for Capital Expenditures; the Board should make its best case and see where the voters stand on it.
  • Board Issues: Vacation Policy  Chairman Dougherty put this on the agenda to review and establish what Jackson’s vacation policy is, mostly for employees who work four days a week; the question is, is a vacation day a day or is it by the hour.  Currently time is tracked by the hour and that’s not what it says in Jackson’s personnel policy which says a vacation day is a day.  Office Administrator Falcey would like to know, if the policy is you earn fifteen vacation days, at eight hours a day that translates to one-hundred-twenty hours of vacation time but if your regular schedule is four ten hour days, how does that translate into a vacation day.  Chairman Dougherty noted fifteen vacation days should be vacation days not the number of hours.  For those who work four days then a vacation week is four days. If the Board wants to look at changing its policy then the Board can do that but right now the Board has to look at what the current policy is; if the town is tracking vacation time by the hour then it is not executing its policy.  The complicated piece is for those employees who work varying hours.  Chairman Dougherty noted the town needs to change the way it is tracking vacation time.  He is comfortable that a vacation day is a day regardless of the number of hours.  Selectman Allen wants to know what happens for someone who works a four hour day; Chairman Dougherty didn’t think part time employees earned vacation time but Office Administrator Falcey noted the policy states that regular full time and regular part time employees are eligible for paid vacation time and vacation pay will be paid at the normal rate; if an employee usually works forty hours then the employee would be paid forty hours of vacation for each full week; then there is an adjustment based on the length of employment.  Office Administrator Falcey feels vacation time needs to be pro-rated somehow to make it equitable.  Chairman Dougherty noted this is why he wants the Board to look at the policy.  Sick time is spelled out; a sick day is eight hours.  If the town wants to track vacation time by the hour then there needs to be a change to the policy; until that time the policy says a vacation day is a day.  Employees will be paid for a regular day; if they work four hours then that’s what they are compensated for.  Office Administrator Falcey noted when it is that simple then a day is a day but the town has part time folks whose hours vary.  As the policy reads now a vacation day is a day; it is not by the hour.  Selectman Thompson wondered if the town really has folks who have hours that vary for their work per week and Office Administrator Falcey noted the Deputy Town Clerk works certain days but the hours go up and down; how does the Board determine what she needs for vacation.  One could take how many hours the employee worked the previous month then get a percentage off.  It was noted this policy was put on the agenda to determine full time hours versus days. This has been settled.  Road Agent Henry has a question about vacation time; he wants to know what happens if all four of the Highway staff want to take vacation the same week, such as for hunting season.  The Personnel Policy says it is the Supervisor’s job to decide if it is okay for staff members to have vacation; Chairman Dougherty quipped “With power comes responsibility.”  Road Agent Henry wanted to know if that meant it would be okay for him to let everyone have the week off; he wondered what would happen if there was a Highway emergency; Chairman Dougherty noted he had planned to talk with Road Agent Henry about this; in November there isn’t much work to do; all of the staff could be out hunting but someone would need to be on call to come back to town to deal with any emergency issues but according to the Personnel Policy a vacation day is for rest and relaxation so the employee would not really be getting the value of his/her vacation day by being on call.  Road Agent Henry asked if the Highway staff all took the first week of hunting off what would happen; Chairman Dougherty noted that he knows if everyone were gone and there was a Highway Department emergency he knows Road Agent Henry’s dad or Bob Davis would be first in line to respond and everything would be okay; there is nothing in the Policy that tells him when he can take vacation.  Road Agent Henry wondered then, if he wanted to go to Colorado in February for skiing it would be okay for him to do that.  Chairman Dougherty noted that’s why vacation time has to be approved by the employee’s supervisor.  Selectman Thompson noted there are certain times of the year when the town may do without two or three people but there is not any time that the town would not be at risk of having nobody here from the Highway Department.  Chairman Dougherty noted since this is about hunting season; it would be one thing for all four of the Highway Department employees to go hunting in Colebrook for the day versus all four of them going to Montana for a week to hunt.  When the town closed Black Mountain Road; Road Agent Henry was gone for that Saturday and Sunday and he got that thrown back at him for going when he shouldn’t have.  This will take further discussion.  Road Agent Henry noted he is not going to want to tell people they can’t take vacation.
  • New Business
  • B-J Transfer Station Compactor Bin  This is on the agenda because Jackson needs a new one; it will cost around $9000 to replace it; so the town needs to find out if there’s money in this year’s budget for it.  Chairman Dougherty will talk with Office Administrator Falcey and Manager Edgerly about this; if the money is not in this year’s budget then it will go in for appropriation in 2013.
  • B-J Transfer Station Agreement  The numbers are back from Bartlett regarding what they think they owe Jackson; it comes to $39,000 and change which is about where Chairman Dougherty thought it would come in.  Bartlett did have problems regarding one employee’s wages.  The Board will review the figures further.  
 
  • Old Business
  • Board Policy  There is nothing new on Board Policy.
  • Elderly Exemption Application Revision  Changes to the application have been made as discussed previously.  Chairman Dougherty believes the wording is still confusing on top of the third page; the previous tax year is what the town is looking for.  Chairman Dougherty wants to know “previous to what”; the wording could be “the most recent tax return” but there are people who have taxes that they don’t complete for years; if the applicant doesn’t file taxes s/he won’t qualify anyway.  The Board will remove “current” from the application and approve it as final.  Selectman Thompson, seconded by Selectman Allen, made a motion to approve the elderly exemption application as presented striking current from the top of page three.  Selectman Allen would like to see Assets on one page and Income on another.  There was no further discussion.  The motion passed unanimously.
  • Job Descriptions  This is tabled.
  • Unseal Lewis Litigation Non-Public Session Minutes  This is tabled.
There being no further business, the meeting was adjourned at 7:04 p.m.


                                                        Respectfully submitted by:

                                                        Martha D. Tobin

                                                        Recording Secretary