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  The Town of Jackson, NH
Board of Selectmen Minutes -- 04/28/2008
Present:  Chairman Bea Davis, Selectman Gino Funicella, Selectman Dave Mason

Visitors:  Jerry Dougherty, Kathy Dougherty, Sarah Clemons, Road Agent Rob Hatch, Police Chief Karl Myers, Tom Defusco, Bobbie Meserve, Fire Chief Ed Dubie, Warren Schomaker, Jon Edgerly and Tracy Mosston

The Board was called to order at 4:09 p.m.

1.      Approve the Minutes of March 31st and April 16, 2008  The Board agreed that the minutes of March 31st had been approved as amended at the April 16th meeting.  Selectman Funicella, seconded by Selectman Mason, made a motion to approve the minutes of April 16th.  The motion passed unanimously.

2.      Tracey Mosston  Tracy met with the Selectmen prior to the session being called to order.

3.      Rob Hatch & Tom Defusco to discuss Cul-de-sac on Alpine Drive  Rob reported that they have started their spring clean up and are sweeping roads.  The ton and a half is not up and running yet; there is some sort of electrical problem and it is in for warranty work.  This has limited their ability to sweep so Rob rented a self-propelled sweeper for $175 per day.  They finished two roads today and Rob expects to rent it again on the next nice day we have, if the Board approves.  Regarding the Cul-de-sac, Rob is concerned if Jackson doesn’t own the road then they will need to figure out something to do regarding access and a turnaround for the town vehicles.  Rob got a list of deeded properties from Tyrol, it gives deed numbers but no street number references.  There is no Right of Way (ROW) shown.  He was able to find side roads with footage but we need to figure out the ROW if there is one.  Selectman Mason wants the Board to discuss who is going to take the lead on this as it’s going to be an issue if the property owner doesn’t want anyone up there.  Rob reported that the 1986 Grasley blew its motor and the last time it was rebuilt we were told it couldn’t be rebuilt.  Additionally, it also needs a planetary drive and a short shaft.  It’s used for sweeping and ditching. The Board wanted to know how much it would cost to replace it.  Rob hasn’t even looked into it; most of the work it would be used for is already done and he can rent equipment to finish work while he researches options.  Selectman Mason wants to know if Rob might consider a heavier piece of equipment.  Rob plans to generate a list of equipment and essential repairs needed as some of the older pieces need substantial repairs.  Some repairs are safety issues that should be done sooner rather than later.  Selectman Mason noted that the Planning Board will be doing a Capital Improvement Plan (CIP) and they’ll be asking Rob what he’d like to have and what he needs.  Jackson’s fleet needs to be reviewed.  Selectman Funicella noted the Board had discussed the tractor going to the Transfer Station.  Rob wanted to know if there’s money in the Capital Reserve Fund for heavy equipment.  Selectman Funicella isn’t sure how much has been spent as some went to purchasing the truck but that information is in the town report.  He thought during a previous meeting the Selectmen had discussed the possibility of a grant; Chairman Davis will check her files.  Rob noted the new truck has a delivery date of July 15th for the cab and chassis; the end of September for set up. Selectman Funicella wanted to know if there was any potential for replacing the ’99.  Rob hasn’t thought about this; he’s putting band-aids on equipment at this time. 

Tom Defusco reviewed his property with the Board and informed them that the new land owner, Mr. Pagliarulo, informed Tom that he is going to need to find another access to his property.  The new owner is going to deny Tom access to his property as well as changing the turnaround.  The Board wonders how Mr. Pagliarulo can do this.  Tom isn’t sure but Tom needs to follow up on this; he’s also concerned that the new property owner is going to take Tom’s water since Tom’s water line runs under that portion of the road.  If the turnaround is taken the town loses too.  Selectman Mason believes this information has to be registered at the Registry of Deeds.  Tom asked the property owner if he had a plan for the property and the owner refused to discuss it.  Selectman Mason noted the owner would need a permit before he can start excavating; Tracey clarified he could excavate without a permit; he couldn’t build.  Selectman Mason believes he’d need a permit from the state approving excavation.  Tom is very concerned he’s going to come home one day and find construction equipment up there and no access.  Selectman Funicella noted the owner can’t just do that.  Selectman Mason noted that the town went through the same thing with Middle Mountain Trail; the information has to be out there.  Tracey will contact the Registry of Deeds regarding this property and the Board will review the information.

4.      Karl Myers (added)  Chief Myers noted that the moose accidents have started; we’ve head three incidents with cars hitting them.  He went to Wolfeboro for child advocacy regarding a case that happened eight years ago; he also went to court regarding a DWI case in which the defendant pled guilty.  Karl has submitted a grant for purchasing cameras for use in the police vehicles.  He noted that a lot of towns apply for this grant but he hopes to be able to report to the Board that Jackson received it.

5.      New England Forestry Foundation Request for Charitable Organization Tax Exemption  The Board reviewed a letter requesting tax exemption as a charitable organization.  NEFF has applied before and was refused.  The Board discussed the loss of tax for the town if they become a charitable organization.  Chairman Davis would like the Board to write them a letter, noting they’ve been denied by previous Boards due to their logging practices.  Selectman Funicella disagrees with sending them a letter.  Selectman Mason thinks if NEFF wants charitable status the Board needs to see their charter and their bylaws.  They submitted one letter but Tracey didn’t make copies as it is so long.  Selectman Mason, seconded by Selectman Funicella, made a motion to take this request under advisement.  Tracey will make a copy of the letter for Selectman Mason to review.

6.      Fran Henry: Flowers at the Covered Bridge & Village Honor Roll  The Board reviewed a note from Fran Henry regarding providing flowers.  Selectman Funicella would like to see a quote and a list of what she’s going to provide.  He also wants to know what her plan is for the Town Offices.  Chairman Davis will call Fran.  Rob Hatch thought he saw Fran doing the flowers here at the Town Offices yesterday.  It was noted that this year she has time to take on the triangle, but not the building.  Selectman Mason noted she is stating she won’t do the Fire Station or the Town Hall; he wants to know if the Garden Club takes care of the Hall and was informed they only do the front walkway.  Ed Dubie had planned to put in a couple of whiskey barrels at the fire station.  Selectman Funicella suggests the Board ask the Garden Club if they would provide the services Fran is proposing.  Selectman Mason wants to know why we don’t just let Fran provide the flowers if she’s willing.  Selectman Funicella clarified that Fran charges for her services.  Chairman Davis stated she would do the Town Hall and the Fire Station at no charge but she won’t do the triangle.  Chairman Davis, seconded by Selectman Funicella, makes a motion to allow Chairman Davis to discuss this with Fran and make arrangements regarding providing flowers.

7.      Ed Dubie (added)  Fire Chief Dubie noted he had dropped off the Mutual Aid contract for the Board to review.  This is a five year contract and Chatham and North Fryeburg have been added into the agreement.  On May 1st at 9:30 a.m. there will be a ceremony to present Service Awards.  Selectman Funicella noted that the town notice on the ceremony said 9; Ed noted he told his folks 9:30, noting that there would be other business to attend to at the meeting and that would give them time to get to the ceremony.  The Board signed the Mutual Aid Agreement.  He asked Chairman Davis if she wants him to purchase the whiskey barrels; the Board agreed that the Fire Department will get the buckets and Chairman Davis will put in the flowers.  Ed noted that in previous years they have had planters that weren’t deep enough so Fran had to use drought resistant annuals in them (marigolds) because there wasn’t enough soil. 

8.      Building permit extension request Todd Crane  Selectman Funicella asked if this hadn’t been extended once already; it was affirmed it was extended two years ago.  Selectman Mason noted they are building this themselves and progress has been slow.   The request notes they hope to have the project substantially completed in 2009.  Selectman Funicella is concerned that they have exceeded the original building permit noting if the original permit was for $250,000 and now they have a million dollar project then they’ve exceeded the original permit.  Selectman Funicella thinks Shawn (Bergeron) should look at the project to see if it has exceeded the original plan.  Selectman Funicella, seconded by Chairman Davis, made a motion to have Shawn Bergeron review 21 Vista Way to see if it still adheres to the original permit and to let the Board know the result.  The Board will then determine if the permit should be extended or if a new permit (and process) is needed.   The motion passed unanimously.

9.      Review and signature Letter of Agreement HEB Melloon Road monitoring 2008  Selectman Mason noted the changes requested regarding mutual indemnification have been made.  The Risk Allocation used to say $50,000 now it says “in accordance with insurance coverage” and they have taken out the 1.5% service charge.  This means if HEB does something wrong the town would be held harmless.  Selectman Funicella would like to know when this monitoring is going to be finished; he believes this is the last year.  Selectman Mason will call them to ask if this is the last year of monitoring and testing.  Selectman Funicella countered that HEB is supposed to notify the town when the monitoring is supposed to end.  Selectman Mason presented the Board with the letter of agreement with the two addendums as requested at the Board’s April 16th meeting.  Selectman Mason, seconded by Selectman Funicella, made a motion to accept the letter of agreement with HEB regarding Melloon Road monitoring for 2008.  The motion passed unanimously.  The Board signed the letter of agreement.

10.  Payroll Frequency  The Board reviewed a memo from Tracey Mosston regarding RSA 275:43 Payroll Frequency.  Selectman Mason noted that he’d explain the particulars as Tracey is no longer in attendance.  Tracey got prices from two payroll companies and talked with a third.  She got prices from In Addition and ADP; she spoke with Paychex but did not get a quote from them.  Tracey’s preference would be to go with In Addition which is owned by Bill Johnson and is a local company.  ADP requires fairly extensive training and would require her to attend trainings at their offices in Manchester.  Tracey currently does the payroll but it takes her a lot of time to complete it.  Bill Johnson gave her a price of $40 per pay period and they will do the W-2’s for an additional charge.  This is the total cost for all employees who get a pay check through Jackson.  Selectman Mason, seconded by Selectman Funicella, made a motion to authorize Tracey to proceed with having In Addition taking over payroll with a projected start date of July 1, 2008.  The motion passed unanimously.  This will give her time to get all the information to the Board and to set up the transition.  Selectman Funicella wants to know if the Board is going to make a decision regarding payroll frequency but Selectman Mason feels it would be more appropriate to allow Tracey to get all the information then have the Board determine a payroll frequency.  Sarah Clemons wants to know how much staff time would be freed up by hiring out payroll services.  She was informed it’s a significant amount of time; Sarah wants to know how much time is “significant”.  Selectman Mason can’t give her a specific number but if Tracey spends more than three hours on payroll then this move would be cost-effective.  Currently the office is closed on Fridays even though staff is here working.  The reason this is done is because the staff says they can’t get their work done due to interruptions.  Once we get this set up we can see what we have for time and he suggested perhaps we won’t have to be closed on Fridays.  Chairman Davis noted she was in the office one day and between the telephone ringing and people coming in she could see it was very hard for our staff to get their work done.  Sarah noted staff got a $6,000 raise two years ago and things haven’t changed that much in the Town of Jackson, she wants to know how we are going to fill our staff’s time with all these things being taken off their plate.  Selectman Mason reminded her that if the staff can’t get their work done unless they close the office one day a week that tells her they are spending their time doing something.  If we can get our payroll done with all the taxes and deductions for $40 it doesn’t make sense to say we can’t do that until we figure out what they’ll be doing with their freed up time.  We have to put the process in place and then see what we can do with the time saved.  Jerry Dougherty wants to know if payroll is currently done with a program, which Selectman Mason affirmed.  He clarified that Tracey has to calculate all the taxes, workers comp, FICA, et cetera.  Jerry believes our payroll program should do that.  He also thinks it would be a good question to ask Tracey how much time she spends on payroll.  Selectman Mason noted the answer to that question is “hours”, he can’t specify it takes three hours to do this and more hours to do that.   Selectman Funicella believes we should set our office up like Bartlett which has a counter that folks have to stop at to ask for what they want.  Jackson is wide open with folks able to walk into offices.  There might be personal information out on the desk, or checks; file cabinets are often open as well.  He agrees we need to be open to serve the townspeople but we need to look at the structure of the office and what they can do to improve services.  Jerry noted that is all structural.  Selectman Mason noted that Bartlett’s office closes at noon every day.  Chairman Davis noted they aren’t open every day either.  If Jackson’s staff were only available until noon then they could get their work done.  Rob Hatch wants to know if this change in payroll would open the opportunity for direct deposit, which was affirmed.  The RSA states that employees shall be paid within eight days of the end of the work week but we can request a change to bi-weekly payments through the state.  Selectman Mason believes we need to put the payroll system into place and then discuss any change to bi-weekly pay.  Rob noted he’s heard concerns from employees regarding a change to bi-weekly payroll as well as direct deposit. 

11.  Jon Edgerly  Jon is not in attendance yet as he was told to arrive for 5:30; the Board continued on to the next agenda items and will meet with Jon when he arrives (see agenda item #14).

12.  Badger Realty letter re: building permit  The Board reviewed the letter.  Selectman Mason noted this is the service Shawn is providing.  Selectman Mason, seconded by Selectman Funicella, made a motion to refer Kevin Floyd of Badger Realty to Shawn Bergeron.  The motion passed unanimously.

13.  Other Business #1  Jerry Dougherty wants to know how plans are proceeding regarding the sand shed.  He was informed that there is a meeting on May 1st at 7 p.m.  Everyone has had the opportunity to look at the work that has been done on this property and the transfer station.  We aren’t going to be waiting for months for another meeting, we’ll have them one after the other and then we’ll hold a public meeting.  Right now we are just looking at the site, not the building or the size.  Sarah has a problem with the Board saying this is just to look at a site when we don’t have a size for the building; she believes the size of the building would be part of the consideration of the site.  Sarah noted that as a concerned citizen she has been to two town garages and spoken with road agents and commissioners (she gave the Board a picture of one of the sheds she’d visited).  She wanted to know if there are any RSA’s or rules that the structure must conform to.  Selectman Mason doesn’t think there are any RSA’s that apply to the structure.  Selectman Funicella noted the building must be built so that the salt doesn’t leech out.  Burr Philips will have input into the design also.  Sarah noted that having looked at some of these structures, she wants to know if the state is going to mandate that we have to cover our sand too; if there’s going to be a mandate from the state in a couple of years then we should consider that now.  Selectman Mason thought we were going to mix sand with the salt.  Rob noted it comes in separately and then is mixed here.  The Board has been discussing this and it is best to have both sand and salt covered.  Jerry Dougherty noted that the size of the structure might determine where we want it.  Selectman Mason noted we’re planning on other buildings so it would be a significant site.  Sarah noted that in her research she’s found we’d need about four acres to accommodate this.  Jerry asked if they are shooting for determining a site by June 1st, which was affirmed.  Selectman Mason noted there was a proposal for just a shed on the road to the Transfer Station on Jackson property.  In that case it was just the sand and salt shed, but now we’re looking at building a garage too.  Jerry wondered if the shed would have to be built soon, which was affirmed.  Jerry noted the Board has stated we aren’t going to be talking about the building; we’ll only be discussing the site.  He’d like folks to consider the esthetics.  Rob noted he’s been getting trucking and sanding prices for next year; does the Board want him to wait?  Selectman Funicella thinks Rob should get the prices but wait to have it delivered.  The town has put aside $100,000 for the shed.  Right now there is discussion of a temporary 45 foot high tent-like facility which would have to be large enough to cover the sand and salt since it won’t be heavy enough to support any weight.  Sarah believes the town would be wasting money on a temporary structure and wants to know if the state wouldn’t allow Jackson to build a proper facility if we show them our intent.  She was reminded at this time discussions are only about the site.  Sarah thinks this warrants writing a letter to the state telling them we are trying to look to the future.  Selectman Funicella is concerned as he thought we were getting a pre-fab building and now we’re hearing it’s a tent-like structure.  The town budgeted $100,000 based on what Burr Philips told the Board.  We had no money put aside for this project, we asked how much we’d need for a salt and sand shed and Burr told the Board we’d need $100,000 so that’s what was budgeted.  Selectman Funicella noted he and Chairman Davis were on the Board at the time of these discussions and they didn’t know about this being $100,000 for a temporary structure.  We do know that we have a problem as we have too much salt in the river.  Sarah again urged the Selectmen to write a letter to the state showing them Jackson’s intent to correct the problem and to see if they will allow Jackson time to raise the tax dollars to do this properly.  She also noted that the state prefers a wood building over metal.  Selectman Mason thanked Sarah for all her research regarding buildings but noted we’re just choosing a site right now and there is no impact as to whether we build a metal or wood building.  What the shed looks like will make a difference on where we put it as we want to keep it shielded.  Jerry asked that once the site is chosen the Board hire a professional to design the shed.  The Board will continue its research.  Rob asked the Board if there comes a day when we know we aren’t going to get the shed done this year then he’d like the Board to let him know as soon as possible so he can get the sand and salt ordered right away.  The price he gets will only be good for 30 days.  The price of fuel will up that price as we delay too.  Jerry hopes the Board keeps this process moving and transparent.  Selectman Mason noted we’re getting this shed built this summer. 

14.  Jon Edgerly  Jon Edgerly explained that there is a problem with the tractor at the Transfer Station.  Part of the tubing to the front bucket was broken when a driver drove it into the rubbish.  It was rigged to work with parts from NAPA but there have been some issues and one of the Transfer Station employees is going to be meeting with the Bartlett Selectmen about these issues.  Jon has ordered $900 worth of plumbing for the tractor but it took a $9 part to get it running.  The Board wondered why we’d spend $900 when a $9 part got it running.  Jon wants to fix the tractor properly.  Jon noted he has a personnel issue and believes the Board should go into Executive Session.

The Board went into Executive Session at 5:41 p.m.  

The Board returned to Public Session at 6:00 p.m.

Jon noted that for $30 per ton we can get rid of the glass, he doesn’t know if this includes the transportation but he’ll find out.  They will replace that tonnage with “agriphalt” suitable for using to surface the town’s dirt roads but not driveways.  This is a mix of asphalt shingles, glass, and road asphalt.  Jon thinks getting in a grinder and doing it ourselves would be the best.  Jon got two bids from Neil Edge; $24,000 for two pieces of equipment or $47,000 for four pieces of equipment. The four pieces would be a loader, an excavator, a crusher and a grinder.  The crusher would handle rocks and other large objects then that product would go into the grinder to create the 3/8’s inch product for aggregate.  This then becomes an inert material that can be used for bedding pipe.  He used it at the Transfer Station and at the Cul-de-sac.  He also used it when building the loading dock.  We’ve gone through not quite half of the crushed product.  Their engineer told them that a trammel screen won’t bring the size down small enough.  Rocks got mixed back into their pile and the crusher got wrecked.  The price Jon got last year for building an eight foot high, twenty by twenty foot bunker to keep the glass clean was $2037.  That price is now close to $6,000.  It is believed Bartlett would not approve of this expenditure.  Doug Garland and Burr were to discuss this but they didn’t want to without a Master Plan.  Bartlett’s design was not feasible; moving the compactor would cost more.  Selectman Mason noted that Burr would be at the Town Offices at 7 p.m. tonight so Selectman Mason will discuss this with Burr at that time.  The Board authorized Jon to remind Bartlett that Jon is the boss at the Transfer Station.  Jon also noted that Tracey had received a complaint about Jon’s unregistered vehicle being on town property.  He wanted all to know that he has called the junkyard to have it removed and since they were supposed to take care of it today Jon will call them again and find out what happened. 

15.  Other Business #2  The Board has some appointments to make.  Selectman Mason, seconded by Selectman Funicella, made a motion to appoint David Matesky and Pam Smillee to the Conservation Commission and to appoint Richard Anderson as an Advisor to the Conservation Commission.  The motion passed unanimously.

Regarding the letter from the Hartmann’s, the Board will be sending them a letter denying their request.

The Board expects to have an answer from Bartlett regarding a date when they can come in to meet with the Board regarding the Transfer Station by the next meeting.  Chairman Davis noted that there has been a request to change the Sunday hours at the Transfer Station from 12 – 6 to 9 – 3.  The Board will discuss this when Bartlett joins them.

16.  Executive Session #2  The Board went into Executive Session at 6:14 p.m

The Board came back into Public Session at 6:24 p.m.  Selectman Funicella, seconded by Chairman Davis, made a motion to adjourn at 6:24 p.m.  The motion to adjourn passed unanimously.

Respectfully submitted by:
Martha D. Tobin
Recording Secretary


 

Jackson Town Offices: 54 Main Street, Jackson, NH 03846
Phone: (603) 383-4223   Fax: (603) 383-6980