Selectmen’s Board Meeting
October 20, 2011
Present: Beatrice Davis, Chairman; Jerry Dougherty and John Allen, Selectmen
Visitors: Office Administrator Diane Falcey, Police Chief Karl Meyers, Road Agent/Fire Chief Jay Henry, Dave Mason, George Howard, Hank Benesh, Bill Wogisch, Bob Stevenson, Rob Upton
Chairman Beatrice Davis called the meeting to order at 4:01 p.m.
1. Amend & Approve Minutes
a. Selectmen’s Meeting, Public Session October 6, 2011The minutes were approved unanimously.
b. Selectmen’s Meeting, Non-Public Session October 6, 2011 The minutes were approves unanimously.
2. Police Report Chief Meyers needs to schedule a hearing regarding a municipal parking ticket; The Board will hold the hearing on November 17, 2011.
3. Highway Report Road Agent Henry noted he’d like to hold a work session on the budget but will provide the Board with information on issues that they need to be aware of. (*Fire Chief Henry noted he doesn’t see any changes to the Fire Budget; he’d like to see a couple of pay rates increase this year; he feels if folks are missing work to get to a fire then they should be paid differently. This will not affect the numbers). The Department continues to work on damages from the hurricane. Regarding the Capital Improvement Plan for paving, it comes down to how much Jackson puts into paving this year; he feels next year there should be separate articles; one each for Thorn Hill and Black Mountain Roads. Road Agent Henry needs to put a couple hundred thousand of
work into shimming and the block grant will be less from the state.
For 2012 he’d like to do Juniper around the loop plus part of Switchback; he’d like to shim Green Hill top to bottom, pave Tyrol and possibly the east end of Wilson Rd. There are others that need work and it remains questionable as to what to do up on Jackson Highlands. The plan was to do what we needed to do with culverts and shimming and it will cost $200,000 just for that in 2012. He hasn’t got the exact figures but he believes Green Hill, Juniper and Tyrol was $150,000; Highlands could be shimmed every two to three years; it’s got no base. The reclaim on Black Mountain will cost $50,000 - $60,000; does the Board want to see that done in 2012 or move it to 2013? In addition Road Agent Henry has to budget enough to do what he needs to do. The Block Grant has averaged
$78,000 - $80,000 and that will be cut but we don’t know to what extent. The Department has to buy a new mower; this will allow them to do 75 – 80% of Jackson’s mowing instead of hiring it out. It’s under $20,000 and will do the bush hogging but Road Agent Henry didn’t think the cost for the snow blower was worth it. There is another option which is to put a small plate on it to scrape the sidewalk.
The State DOT wants Jackson to continue with the State Aid Program which didn’t happen this year on the state’s level due to the hurricane; Jackson did its portion; the State did not do theirs; Road Agent Henry informed the state if it goes another year without the state providing its portion then the Program is going to go away. He’d like to take Jackson’s $20,000 and the state’s $20,000 and put it into paving; he is not asking the taxpayers of Jackson to cover the state’s portion. Regarding the general budget; in Operations and Maintenance there hasn’t been any increase; with the price of tires, oil, fuel, cutting edges and other supplies all going up over the years the Department’s budget is going backwards and that line needs to increase. The Capital Reserves are
all in good shape. He did note the town will need a new grader soon.
Regarding payroll, Road Agent Henry noted the Department will lose good help every year it doesn’t give raises; people won’t stick around even with insurance. Jackson’s topography requires him to hire experienced people and right now the Department is well-rounded, including a very good mechanic. Last year there were no raises and he plans to be aggressive on that this year; Chairman Davis reminded Road Agent Henry that employees got uniforms last year. Road Agent Henry isn’t going to be looking for a percentage across the board. Selectman Dougherty pointed out that the Board can discuss the overall budget but how Road Agent Henry parleys that money out is up to him; he’d like Road Agent Henry and Chairman Davis to come to some sort of understanding and present it to the Board as
an overall increase to the line. The LGC Board is meeting tonight so the insurance figures will be available shortly. Road Agent Henry isn’t sure where the repair to Dundee Road falls under his budget; the taxpayers will decide how they want to pay for this. Half of the road is damaged; whether it is put back to what it was or undergoes an upgrade needs to be decided. Chairman Davis would hope that with winter coming that the culverts will be put away or installed as should the rolls of fabric; she doesn’t want them damaged or stolen.
Road Agent Henry reminded the Board that these items are distributed out where they are needed; this will require collection time versus just pushing them up out of snowplow range. Selectman Dougherty agrees with Chairman Davis and would like to have the uninstalled items brought in. Depending on what happens with the vote, Road Agent Henry doesn’t know if the budget has to go up to pay to repair Dundee Road; he’s talking $10,000 to do the minimal amount of work needed; $300,000 to bring it to town specifications or $60,000 to make it better; Selectman Dougherty agrees the $60,000 option would be the best. There was discussion as to whether the budget should be raised or if the funds should be taken out of surplus; Road Agent Henry’s preference is to not raise taxes to do this. Selectman
Dougherty suggested Road Agent Henry wait until December for the figures then he would agree to targeting the surplus rather than asking for an increase. He was thanked for bringing these issues forward. Chairman Davis will set a date to meet with Road Agent Henry.
4. Non-Public RSA 91-A:3, II(e)
a. Bartlett Jackson Transfer Station – Consideration/Negotiations of Pending litigation Selectman Dougherty, seconded by Selectman Allen, made a motion to go into Non-Public Session in accordance with RSA 91-A3, II(e) at 4:33 p.m. to discuss the Bartlett Jackson Transfer Station – Consideration/Negotiations of pending litigation.
The Board returned to Public Session at 5: 27 p.m. with Office Administrator Diane Falcey, Dick Bennett, Gino Funicella, Martha Benesh, Bob Stevenson, Hank Benesh and Dave Mason present.
5. Building Permits – Andy Chalmers, Building Inspector
a. Jerry – State Building Code Enforcement Selectman Dougherty read the following statement into the record:
To the Jackson Board of Selectmen:
I have been abdicating my duties as Selectman in regards to our policy of enforcing the State Building Code. Although I have been very vocal in my position against our policy I have been, in practice, supporting it. Until recently I have not been certain as to the legality of our policy. Following the complex, circular logic of the RSA’s and legal opinions that arise from that is a difficult task for someone that is not well versed in the area of law and this has distracted me from what should have been obvious all along. For when we tear away the covers of legalese and politics that are undermining our system of direct democracy we are left with the following indisputable facts.
Our policy for issuing building permits is in violation of sections 16.2.1 and 16.2.11 of the Town of Jackson Zoning Ordinance.
Our policy for enforcement of the State Building Code is in violation of RSA 674:51, RSA 673:1, RSA 673:3, RSA 673:5, RSA 676:11, and RSA 676:13.
I urge the Board of Selectmen to consider changing our current policy for the issuance of building permits by ceasing the requirement for a permit for alterations within an existing footprint that do not exceed $10,000 in estimated value but does include plumbing and/or electrical work.
I urge the Board of Selectmen to consider ceasing the requirement of a certificate of occupancy for detached single family residences before they be used or occupied.
I urge the Board of Selectmen to consider ceasing the enforcement of the State Building Code.
Until our policy for the issuance of building permits is changed the Board of Selectmen can expect that I will neither be making nor seconding motions to approve building permits and I will abstain from voting on them. I cannot willfully disregard the law.
No matter how this Board decides to proceed on this matter I wish my colleagues to know that I have the utmost respect and admiration for them. This has been a difficult subject to understand and has caused a lot of derision and tension in our community. I know my position has made me the subject of public ridicule but I truly believe that until our policy is made to comply with the laws and rules of this Town and State that we cannot provide for the safety and welfare of the public, equal protection under the law, or due process. Our system of government requires that the decision to have an enforcement mechanism for the State Building Code lies with the voters and that is a position that I feel is my most important duty to defend.
Respectfully,
Jerry Dougherty
Gino Funicella asked if the Board would take comments; Chairman Davis opened the discussion for Public Comments at this time specific to this topic. Gino doesn’t understand how Selectman Dougherty comes to his conclusions; he’s allowed to have his feelings but Gino reminded him that there are many other towns and cities in the state that do inspections. If Selectman Dougherty is heartsick about enforcing the State Building Code and ridiculed and doesn’t want to do what the Office of Selectman requires him to do then he should resign.
Gino noted Selectman Dougherty has made his feelings about this subject clear since he took office but other than two people there have not been issues with enforcing the State Building Code; he agreed there were problems with building inspectors but Jackson has a great inspector now. Prior Boards have enforced the Code and the town voted last month to do building inspections. Selectman Dougherty noted he knows several former selectmen think he’s wrong; he doesn’t want to get into a discussion of ancient history here. He would like to state that he has no intention of resigning. Gino is missing Selectman Dougherty’s position entirely which is that Jackson’s policy is in violation of the Zoning Ordinance and in violation of the State Building Code.
Chairman Davis noted she talked to Fire Inspector Goudreau about this; it is a state law; the NH Building Code is a law Jackson should be following under Public Safety and Welfare. Selectman Dougherty noted it’s not the duty of the Selectmen to enforce it. Dave Mason asked where the procedure is faulty to which Selectman Dougherty answered the faulty process is the $10,000 exemption and the fact that the Selectmen don’t have the authority to enforce this. Chairman Davis pointed out that a year ago she asked, in regards to Zoning Ordinance 16.2.3, the Board to appoint Jackson Building Inspector Chalmers to issue Building Permits and that would take care of the issue. Selectman Dougherty noted Inspector Chalmers, according to the Code, is not allowed to provide inspections; additionally in all the RSA’s the
local enforcement authority is predicated by that being approved by the voters; which it hasn’t been.
Dave would like to clarify a couple of points; the $10,000 exemption that is in Jackson’s ordinance doesn’t comport with the State Building Code but that doesn’t make it illegal to follow the process; the town isn’t saying you don’t have to comply or have inspections we just don’t require a permit. Selectman Dougherty noted Jackson requires a permit for all work; Dave noted that isn’t the case; no permit is required but an application is.
Selectman Dougherty asked about the situation with White’s basement this summer and was informed Jackson didn’t require permits; it asked for applications to evaluate the project to make sure it wasn’t underestimated. Dave noted the selectmen talked about this ad nauseam; any preexisting process is okay as long as it doesn’t conflict with the state law; Jackson has had building permits since the 1950’s. Selectman Dougherty noted the selectmen have argued the legal aspects of ad nauseam while missing his whole point; Jackson’s policy is in violation of these; the application says Jackson doesn’t require a permit for work under $10,000.
Chairman Davis noted inspections are required by the State; the State Building Code is in effect. Selectman Dougherty does not think the Board understands the process; the town has to have an enforcement mechanism and we don’t. Selectman Allen asked if the Board should talk to Town Counsel Malia about this; he was informed the Board had this discussion with former Town Counsel Upton.
b. Clark, Kathryn & David (Map V8, Lot 4) Remodel two bedrooms; build bunk beds; replace flooring on 1st floor & basement Inspector Chalmers has been up to the site; this is a remodeling of existing bedrooms; it has three bedrooms with a state approved two-bedroom septic; he is okay with approving the permit without the change to three bedrooms or they will have to have the septic redesigned. Two of the bedrooms are going to be bunk rooms and he’s concerned about the increased load on the septic. These are new owners who just purchased the home and the three bedrooms were there. This comes down to how they define the different rooms. We can’t increase the load on the two bedroom system .Selectman Allen, seconded by Chairman Davis, made a motion to accept
the permit with no increase on the septic. The motion passed 2-0-1 (Dougherty abstains).
c. Helfrich Realty Trust III (Map V10, Lot 212B) Add dormers to house Inspector Chalmers noted this is a project that is already underway; it is correcting some structural issues; he recommends granting the permit. Selectman Allen, seconded by Chairman Davis, made a motion to approve the permit. The motion passed 2-0-1 (Dougherty abstains).
d. LaChapelle, Kip (Map V10, Lot 111) Two bedroom residential home Inspector Chalmers noted this is a new two bedroom residence; they’ve done a nice job with the application; he recommends approval. Selectman Allen, seconded by Chairman Davis, made a motion to approve the permit. The motion passed 2-0-1 (Dougherty abstains).
e. Insurance Services Office Inc. Update Inspector Chalmers noted following many hours of preparation (with help from Town Staff) filling out the twenty-page Building Code Effectiveness Grading Schedule (BCEGS) Questionnaire he has met with the Insurance Services Organization (ISO). The meeting was two and a half hours long and the two ISO staff reviewed the BCEGS with Inspector Chalmers line-by-line. They did make some suggestions to improve the town’s standing (which is currently coded at the worst level with the next step being uninsurable). The goal is to improve Jackson’s rating based on how the town administers the building code. They suggested:
#1) The town should develop a job description for the Building Inspector/Code Enforcement Officer (Inspector Chalmers will provide that to the Selectmen by the first of next week).
#2) The town should have a written mutual aid plan to handle rebuilding, following a disaster; this would allow for towns that have been decimated to get up and running more quickly. This plan should be part of the town’s Disaster Plan. (Inspector Chalmers is drafting an agreement with the assistance of the NHBOA [NH Building Officials Association]).
#3) The Building Department should have a campaign to help educate the public as to the effectiveness of the National Model Codes. (Inspector Chalmers will get something to post at the Town Offices and perhaps for the web).
#4) The Building Code Review Board, currently the ZBA, needs to be composed of registered Code Officials, Licensed Tradesmen and Engineers, to effectively administer review of Building Code issues. (Inspector Chalmers is contacting the State to see if the State Building Code Review Board will entertain handling any of these issues should conflict arise). Selectman Dougherty noted that the Chair of the ZBA, Frank Benesh, has questioned the ZBA’s role as the Building Code Review Board. Martha Benesh commented that Selectman Dougherty doesn’t have a legal background; his job as Selectman is to execute the law not to interpret it. Inspector Chalmers noted that according to the folks at the ISO the ZBA is the statewide Building Code Review Board. There are three options; there can be a specific Building
Code Review Board, the ZBA can be named as the BCRB, which Jackson has never done, and, lacking that, the Selectmen are the BCRB. These folks suggest forming a BCRB made up of people qualified to make those decisions; that is not generally the way it’s handled by municipalities; the State has a BCRB and Inspector Chalmers has approached them to have them sit in and handle appeals; it wouldn’t be overloading the state’s board.
#5) The Selectmen should not be approving/denying building permits or issuing Certificates of Occupancy unless they carry certification from a National Model Code Organization (ICC). The Board has discussed this in the past but not taken action.
#6) The town should utilize electronic inspection plan review and inspection forms. Inspector Chalmers currently utilizes the IBC software for commercial projects. Inspector Chalmers is working on digitizing inspection forms.
Selectman Allen asked what will help with Jackson’s rating. Inspector Chalmers explained the rating scale is from 1 to 10 and Jackson is a 10D based on a review in 1996 before the town had building inspections; most towns in New England fall in the 5 to 6 range. This is all based on Jackson’s Building Code enforcement effectiveness. Chairman Davis noted there is a session at the LGC on Saturday the 29th for Planning Boards and ZBA’s. Gino asked if the town does away with inspections would it remain a 10 and Inspector Chalmers negated that, noting the town then wouldn’t be rated at all; it would be a “99” like Bartlett is.
6. Ammonoosuc Survey Co., Inc survey proposal: Baker Prospect Farm Dick Bennett joined the Board to present a proposal to survey a property line (Ballentine) which is very erratic; the funding of $10,000 was raised at last year’s town meeting. Ammonoosuc’s proposal is for $3450; Briggs was $4600 and Thorn was $4400. They’d like to get this done before the snow flies. Selectman Allen, seconded by Selectman Dougherty, made a motion to hire Ammonoosuc Survey Co. to perform the survey. The motion passed unanimously. This money is coming from the Baker Trust. There were two articles on the 2011 Warrant; one for putting timber sales revenue into the Baker Trust another to appropriate $13,000 from the Trust. Dick would like to update the
Board on Prospect Farm; they tried to get in to do some cutting this fall and got a couple of loads out but it’s rained ever since; they would like to go back in once the ground freezes; they’ll get in and out in six to eight weeks and that will free up the area for recreation for a long time to come. The Selectmen will be notified of a time for a “walk about” of the project.
7. Letter to IRS The letter responding to the IRS audit was reviewed and signed; Office Administrator Falcey was thanked for writing it so well.
8. Bartlett Jackson Transfer Station
a. Case backhoe exhaust repair Transfer Station Manager John Edgerly has submitted a proposal for work that needs to be done; a significant savings ($95/hour) could be had if the backhoe were to be taken to the shop. Selectman Dougherty noted the issue is that the shop is in Concord and there would be a large cost to transport the backhoe; he feels it is much wiser to have the work done onsite. The backhoe is currently running but Manager Edgerly doesn’t know if it will last three days or three years; he suggests the Selectmen support this repair. Selectman Allen, seconded by Selectman Dougherty, made a motion to spend Jackson’s portion (50%) of the cost to repair the backhoe onsite at the Transfer Station from Jackson’s portion of the Transfer Station Joint Account. The motion passed unanimously.
b. Security cameras Manager Edgerly has provided two proposals for security cameras; both systems can be expanded and can notify the authorities of theft or fire. One proposal is $4,410 and the other is $3,571. The Board will take this under advisement and talk to Bartlett about it.
9. Driveway Permit Road Agent Henry has no issues with this. Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the permit. The motion passed unanimously.
10. Grant – Multi-Hazard Mitigation Plan Update This is the update the Board previously approved, which June Garner was contracted to assist with. Selectman Dougherty, seconded by Selectman Allen, made a motion to approve the update. The motion passed unanimously.
11. Adoption – National Incident Management System Selectman Dougherty, seconded by Selectman Allen, made a motion to adopt the NIMS. The motion passed unanimously.
Before moving onto Public Comments, Chairman Davis would like to add that last week was National Fire Prevention Week; a talk was held at the Library and the Fire House held an Open House. It was a nice presentation and she wished there were a lot more folks in attendance.
12. Public Comment There were no public comments.
The meeting was adjourned at 6:21 p.m.
Respectfully submitted by:
Martha D. Tobin Recording Secretary
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