Jackson Selectmen’s Meeting
December 5, 2013
Present: John Allen, Chairman; Bob Thompson and Bill Lockard, Selectmen
Visitors: Town Office Administrator Julie Atwell, Videographer Hank Benesh, Treasurer Warren Schomaker, Road Agent/Fire Chief Jay Henry, Police Officer Sean Cowland, Building Inspector Andy Chalmers, Emergency Management Director/ Health Officer Tom Grieg, Bea Davis, Larry Siebert, George Howard, Nancy Davis
Chairman John Allen called the meeting to order at 4:40 p.m.
- Selectmen’s Meeting – November 21, 2013 The minutes were approved as written.
- Selectmen’s Meeting – November 26, 2013 The minutes were approved as written. The Board wants to make sure follow up is done so the situation doesn’t happen again; Office Administrator Atwell will do so.
- Insulation for Office floor/Police Department ceiling Road Agent/Fire Chief Henry was asked if anyone had spoken to him about getting an estimate for insulating the floor under the Office; he hadn’t but he’ll make a call to Superior and/or Quality. The purpose is to provide soundproofing for the Police Department. The Board has nixed carpeting until insulation is tried.
- Handrails needed for Falls steps Selectman Thompson needs to follow-up on an e-mail from Building Inspector Chalmers; the regulations are changing. There was further discussion on this subject once Inspector Chalmers joined the meeting (see agenda item 6; page 6).
- Email to Robert Cyr Office Administrator Atwell noted she’s not received a response.
- Health Trust/Jackson Grammar School At the last meeting Treasurer Schomaker had asked if the School uses Health Trust for its insurance; the School does not use Health Trust.
- Request to use Park for Wedding Office Administrator Atwell has generated a letter for folks who requested to use the town park for a wedding letting them know the town has decided not to allow this. Selectman Thompson, seconded by Selectman Lockard, made a motion to approve the letter. The motion passed unanimously.
- Public Comments Road Agent/Fire Chief Henry isn’t on the agenda; he was asked to provide his report and updates at this time.
- Highway Report Road Agent Henry noted the paving projects are done; he did not go over budget; the areas done really needed it and there have been a lot of positive comments. The Board agreed the paving has made a big difference. Some mowing of the bankings was done; it’s cut as close to the ground as possible. It doesn’t look the best when it’s first cut but after a year no one will notice. There’s been a bunch of time spent in the Shop and Fire Station working on equipment. The conduit for the Library lighting is done; he’s not sure if it will be finished by the end of the year but there has to be a figure for billing by December 31st. Chairman Allen noted there were some complaints about the condition of the sidewalks over Thanksgiving weekend. Road Agent/Fire Chief Henry noted the precipitation was slushy and it couldn’t be snow-blown.
- Fire Report Fire Chief Henry noted the Department is all set up for winter. The Nestlenook fire was pretty difficult; it was stubborn and pretty expensive. The Department was under budget on payroll, even with pay raises, before this fire; he’s over a little now. There were multiple fires and serious accidents in Bartlett all within a month. The Board thought Jackson was reimbursed for these calls; there is no reimbursement; it’s part of the mutual aid agreement. Regarding the Nestlenook, there was fire in places no one could get at. As best as could be determined the fire started in the basement near the center of the building. There was a metal refrigeration unit in the middle of the basement. Fire Chief Henry followed the pattern of
charring and it was right above the unit. There was a chase-way and open construction; it had been burning for a while; the walls were covered in sixty year old pine boards. The next morning the basement was full of water and there was still a pretty good fire upstairs; they had to rip down the building to get at it. With the type of construction and the multiple additions it was three days before it was all done. It’s been a very busy month with a lot of serious calls; there was a furnace fire on Thorn Hill; it was toned out as a fully-involved fire but it wasn’t that bad. Chief Meyers should get a huge thank you as he pretty much put the fire out with a fire extinguisher. This home has the exact same construction with same kind of chase-ways as the Nestlenook. This fire only needed another five or ten minutes to get going; Chief Meyers saved the day.
EMD/HO Tom Grieg noted the Nestlenook could have been a fatal fire very easily; Jackson’s guys did a great job not going after it until they’d assessed the situation. Mr. Cyr is lucky he’s alive; it was a frightening fire. He’d like to commend the Responders for the way they handled this.
George Howard would like to follow-up on the last session regarding implementation of the Building Inspector; he sees the Contract is on the agenda. The minutes of the last meeting didn’t have the information that the ordinance states the Selectmen shall establish the selection process and establish the qualifications of the Building Inspector. Before the Selectmen can do a contract, they have to establish these two things. There is accountability; the town should have definitive qualifications for whomever gets the job and would suggest the Board do that before making a contract. Inspector Chalmers agrees with George; it is important to have the requisite qualifications. He noted those are spelled out in the building code but not all municipalities use qualified
building inspectors; they can appoint anyone to fill the position. Jackson has had, over the past three building inspectors, contracted with certified, qualified individuals who all passed their IBC qualifying exams. It is very important to hire a certified, qualified individual.
George would like to know if there is anything in the building code about the building inspector having the ability to take legal action. It may or may not be in the building code; the building inspector does have authority to engage legal counsel but George wants to make sure that’s the case before Jackson offers anyone a contract.
Larry noted he’s worked on this for over four years; he feels the Planning Board didn’t follow through with what it was going to do. He thinks the Planning Board needs to relook at this topic. They had spoken of requiring an electrical permit and a plumbing permit; the discussion included putting the job out to bid; coming up with the desired qualifications and whether this should be an employee or a subcontractor. The Planning Board dropped the ball and the Selectmen got this in their laps; it’s now eight months later and it’s time to follow through.
George noted the ordinance also says the Selectmen are supposed to set a fee schedule for inspections, permits and certificates of occupancy. Larry noted there’d been discussion about an electrical permit not set at seventy-five dollars so someone like Huntley Allen doesn’t have to get a permit every time he does any electrical work; it shouldn’t cost seventy-five dollars if he’s not building anything. Chairman Allen noted the application fee has been changed to a flat twenty-five dollar fee. George would like to know if that’s the fee for processing the permit; when that was affirmed, George noted the Selectmen are supposed to establish a fee schedule for the inspections themselves; this needs to be done. Inspector Chalmers noted the fee
schedule is in the building permit application; there’s a total due for inspections but there isn’t a breakdown of what each inspection costs. George wants to know the cost of each inspection; he wants to know what the inspector gets for a fee; he wants accountability as opposed to the “fee”.
Bea noted the town voted to enforce the state building code; that is the building inspector’s job description. Inspector Chalmers agreed, noting that’s a big portion of it; it also includes following the ordinances of the town. Bea noted it is cheaper to have contract labor than to hire another employee.
Selectman Thompson noted the Board is in the Public Comment section and this back and forth is about the building permit contract; he’d like to see the Board move directly to agenda item six, the Building Permit Contract. Chairman Allen would like to move forward with the Police Report.
- Police Report Officer Sean Cowland noted the past couple of weeks have been quiet call-wise but there has been an increase in population with all the activities. There were two individuals fingerprinting to work with the ski program at the school; a report about a suspicious vehicle was a private investigator. There were a couple of false burglar alarms; there was a call for a boulder in the middle of Route 16 that Officers helped to remove. Officers assisted the Fire Department three times and responded for one medical assist. The sex offender discussed at previous meetings was required to notify the Department when he left; he has moved out of town. Some prescription drugs were turned in; there was one arrest for reckless operation and an electronic bench warrant. There was one
motor vehicle accident with a moose and one VIN verification. A District Court case was continued. There was a company doing maintenance on a Wentworth condo; they triggered the alarm three times in six hours; this was a case where the guy working on the system had incorrect information. The Board thinks the false alarm fine could be abated in this case.
- Building Matters – Andy Chalmers, Building Inspector There were no issues; these permits have been issued.
- Building permit 2013000062 Map R14, Lot 7 (Owner – Crandall) – Install generator 11 KW
- Building permit 20130000** <Julie, I did not get Map or owner information, please fill in for me!> Map V02, Lot 49 (Owner – *****) repair existing porch (added)
- Building Permit Contract Inspector Chalmers sent an e-mail to Office Administrator Atwell which is in the Selectmen’s packet. He is essentially proposing to continue on with his services as he has done for the last three years. He would be providing inspection services based on the Jackson Zoning Ordinance, which now officially includes the State Building Code. Inspector Chalmers is certified; he took all exams (electrical, structural); he has to keep updated to keep his license and that includes the legal aspects of the building code. Inspector Chalmers can’t remember the last time he contacted a town attorney. Inspector Chalmers went through this when Jackson was working with the former building inspector; Inspector Chalmers has time invested in Jackson. He is trying
not to take it personally that this keeps coming up; he’s kept his fee schedule the same; he has all his insurances; it’s all on file. He understands the position may be put back out to bid again and that may be something the Board wants to do. With the new ordinance the Planning Board and the town have assigned this task to the Selectmen.
Chairman Allen noted the Board has a Job Description from the LGC; it has a title, status, a job summary, supervision, essential duties, knowledge, skills and minimum qualifications. He’d like George to take a look at it; George doesn’t need to tweak it as long as the Selectmen are okay with it. Inspector Chalmers noted the Planning Board did a lot of work on this; the new building code ordinance spells out the job description as well as assigned duties.
Larry noted the state requires the town to send the ordinance to the state review board; he would like the Board to do that and get feedback before it is put out to bid. That’s what the discussion has been about for a couple of years. With all due respect to Inspector Chalmers, he may be the most likely candidate but until a job like this is put out to bid Jackson won’t know who else might be available. The last time this position was out for bid was in 2010; Jackson got three applicants with various fees. One of those applicants was Stan Borkowski, who does inspections for three other towns. His bid was twenty dollars an hour; if there are other options there’s no reason for the town not to look. Inspector Chalmers noted if they can get him
that’s great; twenty dollars an hour doesn’t even cover the cost of insurance.
George asked if the Board has decided on a selection process; Selectman Thompson noted there have been no decisions yet; the Selectmen are wrapping their heads around what the essential duties are for the position. So far there’s been no indication of any cost difference between contracting it or having this be an employee of the town. There would be a difference in whether that person would be qualified or not. The town could choose to have the building inspector as an employee and then that person doesn’t have to have the same qualifications as the contract bid would require. Selectman Thompson wanted to see a contract, memorandum of agreement and/or understanding that spells out exactly what both parties are agreeing to when they enter into this relationship.
The Board has the job description from the LGC and the state building code addressed the duties and powers of the building inspector. The Selectmen are working to synch those two documents; he thinks when that has been accomplished that task will be complete. Where it goes from there hasn’t been decided yet. Inspector Chalmers has been doing this work for three years; there have been no complaints filed during that time; Selectman Thompson can see the pros of keeping him as well as putting it out to bid. The most qualified candidate will be familiar with Jackson. Discussion has gone back and forth; the Selectmen want an open, transparent process that has integrity. The Board ought to maybe consider going back to the Planning Board with its draft document and getting input from them. The Board agrees it would be smart to get feedback; the Selectmen haven’t talked about this between meetings and the last work
session was held in July.
Nancy Davis noted she’s not involved in this at all; she wondered if the Planning Board made a recommendation on whether the position should be a contractor versus an employee. When informed they did not she asked if that is a task on the Planning Board’s radar and Larry noted it could be a task; he’s of the opinion there are pros and cons to both. He feels if this were an employee the town would have more control; if this is a contractor the town won’t have any review unless there’s a complaint. Chairman Allen noted Inspector Chalmers keeps the Board informed of what’s going on; the Selectmen do have review; it’s not all in Inspector Chalmers’ lap. He provides the Selectmen with good feedback. Nancy noted the town’s
control with a contractor is in the contract; there would be checks and balances. If the Inspector is an employee the town has to cover things like benefits, workers’ compensation and trainings.
Selectman Thompson noted those items don’t have to add up to any more than Jackson is paying out now. Inspector Chalmers noted the NH dues are five-hundred-sixty-seven dollars a year and the annual training takes three days; that adds up quickly. Selectman Thompson noted it makes the most sense at this point to contract with a business rather than to hire an individual. It is not like Jackson is going to hire an individual to work more hours for the town at less pay. The town doesn’t have to give up control because it is contracting the position out. If a business with multiple employees was hired the town may not have input on which person is doing the inspections. The Board may want to bring the Planning Board in for that discussion; the Selectmen aren’t that far in the process yet.
George noted the Board needs documentation in its minutes that it is going through this process.
Chairman Allen will bring this to the Planning Board next week; they already have a lot on their plate with the Master Plan. Larry noted there’s a speaker coming to the next Planning Board meeting. Selectman Thompson wondered if the Planning Board is all that concerned with how the Selectmen determine the selection process; Chairman Allen will find this out.
Inspector Chalmers redirected the Selectmen to the new building ordinance that is part of the Zoning Ordinance; it’s the Board’s duty to establish the selection process. The Board wants input but appreciates the point Inspector Chalmers is making. The Planning Board has worked pretty hard to get this to the Selectmen; now it’s theirs to complete. The new ordinance isn’t much different from the original ordinance that said it was the Selectmen’s duty to appoint the building inspector and assign tasks.
George noted the change is the duties and responsibilities of the building inspector have been expanded and it’s a new position; that’s a significant change.
Selectman Thompson noted the town should send the ordinance to the review board to see if it flies. There have been some items added that are different from the building code; the review board may say there’s a problem with that. The second part of the process was that the town was creating a new position. Jackson adopted the building code and full authority was given to the building inspector. Putting the position out to bid will complete that process. Asking the Planning Board for input is a good idea. Larry noted this has been the most contentious topic in many years; this passed the Planning Board with a four-to-three vote; they’d like the Board to finish the process. Selectman Thompson wondered whether it is the Planning Board or the Selectmen’s task to send this on to the review board; no one is sure so this will be an action item for further follow up. George isn’t sure the review board is an approval authority. Larry noted seventy-five percent of New Hampshire’s
town’s do not enforce the building code; the review board will be very happy Jackson is attempting to do that.
When the Board asked if there was any other input, Larry felt the Board should have a joint meeting with the Planning Board, hold a public hearing and get input from the electricians and plumbers.
Selectman Lockard wouldn’t do that; the Selectmen have the responsibility of doing this and they should just get on with it. The Selectmen have it; it’s in the Selectmen’s laps; the Selectmen have had their hearings.
Chairman Allen noted he’ll get input from the Planning Board at their next meeting but he agrees, the Board should go ahead on this. The ordinance will go to the state review board first then it will go on the agenda once it gets their okay. The Board will also move forward with the document they’ve generated with the essential duties outlined. Office Administrator Atwell will call the LGC to see if they have advice regarding finalizing the selection process and to get any fee-schedule information they might have seen from other towns.
Larry asked if Inspector Chalmers could give his input on the necessity of stairs at the Falls. Inspector Chalmers noted if nothing is done then the stairs can stay the way they are. New guidelines have come out; any federally funded projects have strict accessibility requirements. His quick advice is to come up with a reasonable plan before it becomes a mandate; it could be expensive to make that area accessible. Inspector Chalmers noted he hasn’t seen the plans; Larry has them; these were reviewed. There’s a ramp on one side and two sets of stairs; nothing else is going to be added; this project mostly involves taking away trails. The plan was just approved on November twenty-third. Inspector Chalmers noted the mandate applies only to federally-funded projects at
this time but everyone knows how this will roll; it’s good they got this work done now.
- Benesh The amount spent so far for the Benesh case is eight-thousand-seven-hundred-eighty-two dollars and fifteen cents.
- Funicella This case has been decided but Gino has until December fifteenth to appeal the decision. His case was eight-thousand-two-hundred-forty-two dollars and seventy-six cents.
- Recommittal Warrant – Karen Burton Selectman Thompson, seconded by Selectman Lockard, made a motion to approve the Recommittal Warrant. The motion passed unanimously.
- 2013 Equalization Municipal Assessment data Selectman Thompson, seconded by Selectman Lockard, made a motion to approve the 2013 Equalization Municipal Assessment data. The motion passed unanimously.
- Wounded Warriors This year Jackson is hosting three families for Christmas Can Cure; these families become honorary citizens of Jackson and the services are Friday December thirteenth at 10 a.m. Selectman Thompson, seconded by Selectman Lockard, made a motion to sign the proclamations. The motion passed unanimously.
- Trustees of the Trust Funds – Transfer Selectman Thompson, seconded by Selectman Lockard, made a motion to withdraw Twenty-five-thousand, one-hundred-thirty-four dollars and eighty-eight cents to pay Pike invoice number 30108 from the State Aid Reconstruction Capital Reserve Fund. The motion passed unanimously.
- Carroll County Homeland Security – Grant (added) Town Office Administrator Atwell noted this organization is trying to get a grant; they’ve asked that the town to sign a letter supporting their homeland security grant to update their communications equipment. Selectman Thompson, seconded by Selectman Lockard, made a motion to sign the letter of support. The motion passed unanimously.
- North Country Council Membership Renewal (added) Selectman Thompson, seconded by Selectman Lockard, made a motion to renew the NCC Membership. The motion passed unanimously.
- FYI from Town Counsel Peter Malia (added) The Fairpoint Lawsuit is moving forward in Merrimack county.
- Tax warrant – land use change (added) Selectman Thompson, seconded by Selectman Lockard, made a motion to approve the change of land use for Map 31 A-6, Lot V6. The motion passed unanimously.
- Mosaic Parcel Map Data Sharing Selectman Thompson, seconded by Selectman Lockard, made a motion to enter into, and authorize Chairman Allen to sign, the Mosaic Parcel Map Data Sharing agreement. The motion passed unanimously.
- John – sign page 2 – Property Liability Trust Renewal This was already approved but the second page wasn’t signed; Chairman Allen did so.
- Valley Vision contract The contract is moving forward; the town will pay five-thousand dollars for access to Channel 3 and twenty-five dollars per film brought in; the plan at this time would be to drop off a couple of hours a week and Channel 3 will guarantee Jackson a particular air time. Office Administrator Atwell has filled in the blanks; the voters approved the funding for this last year. The Selectmen tabled this item.
- Public Comment There were none at this time.
There being no further business, the meeting was adjourned at 5:57 p.m.
Respectfully submitted by:
Martha D. Tobin
Recording Secretary
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