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Board of Selectmen Minutes -- 01/09/2014
Selectmen’s Board Meeting
January 9, 2014

Present:        John Allen, Chairman; Bill Lockard and Bob Thompson, Selectmen

Visitors:       Town Office Administrator Julie Atwell, Town Office Administrative Assistant Julie Hoyt, Police Officer Sean Cowland, Moderator Bill Kelley, Videographer Hank Benesh, Town Clerk/Tax Collector Karen Burton, Bea Davis, Kathleen Dougherty, Bill Wogisch, Diana Cataldo, George Howard, Fritz Koeppel, Diana Koeppel, Edith Houlihan, Jerry Dougherty, Frank Benesh

  • Amend & approve minutes
  • Selectmen’s Meeting – December 19, 2013  The minutes were approved as written.
  • Selectmen’s Work Session – December 19, 2013  The minutes were approved as written.
  • Non-Public Meeting – December 19, 2013 sign minutes envelope RSA 91-A:3, II(e)  These minutes were sealed and approved at the meeting.  The envelope was signed.
  • Action items
  • Building Inspector Contract  This is on agenda under Old Business (see 7a).
  • Building Inspector Invoices to close out 2013  Office Administrator Atwell has e-mailed a request to Andy Chalmers to submit any outstanding invoices immediately; she’s had no reply yet.  
  • Phone System  Office Administrator Atwell has e-mailed Madison’s Town Clerk to see how they like the system that Northledge installed for them; she’s had no reply yet.  
 
  • Insulation of Police Department ceiling  The insulation has been installed; Office Administrative Assistant Julie Hoyt noted Chief Meyers has told the Office staff that it doesn’t make any difference.
  • Public Comment  Edith Houlihan let the Board know that the Friends of Jackson Library applied for and received a grant for an AED which will be located in the Library.  She feels it’s important that AEDs be in multiple buildings; their AED is the same as is the one in the Whitney Community Center but it is not the same as the Police and Fire Departments have; it’s a good middle-of-the-road model.  Selectman Thompson wanted to know how staff would be trained on the unit and Edith noted she let Emergency Management Director/Health Officer Tom Grieg know this has come in; she hopes folks will try to set up CPR classes for the community.  Edith noted she took a CPR class at Kennett that took three hours.  The AED talks anyone using it through the process.  The idea is for someone to call 911 and then by the time they get there the AED could save someone’s life; this class is a good investment of a few hours.  Chairman Allen wondered if there is any other need for AEDs in the town; Edith noted it was important to have one in the Library and at the Whitney Center as there are so many things going on in these locales.  At the High School there is one on every floor; these cost about a grand and hopefully no one ever has to use it.  She noted there isn’t an AED is the Town Office building.  Bea noted the police have them; Edith noted their AEDs are in their vehicles.  Chairman Allen would like this discussed with EMD/HO Grieg; he may have input regarding where additional AEDs may be needed.  Moderator Bill Kelley noted getting training is good and Rick at Bartlett/Jackson Ambulance is a perfect source to speak with about this.  They usually maintain instructors on the squad as they all have to be recertified every year.  Office Administrator Atwell noted EMD/HO Grieg had mentioned that Office staff should go if there’s a training.  Town Clerk/Tax Collector Karen Burton asked if the Ambulance service charges for the training; if not maybe they could charge as a fund raiser for the new AED.  Moderator Kelley noted folks are always recertified in-house at no charge as part of the program.  It was suggested this might be opened to the general public for a “donation”.  Edith noted the course at Kennett was through Continuing Ed and participants were charged thirty dollars to cover the cost of the instructor.  The Board would like this to be an action item for follow up.  
  • Police Report  Officer Sean Cowland reviewed Department activities since the last meeting; some items included a couple of broken-down vehicles; six parking issues during snowstorms and two medical assists.  Officers assisted with the closing of Route 16 during an ice event as there were thirty vehicles off the road; there were six false burglar alarms; two arrests for reckless driving; two motor vehicle accidents and two assists to folks having problems in the snow.  There was one 911 hang up that was accidental; two assists for the Fire Department; assistance was provided for a tractor-trailer that broke down; Officers served an emergency protective order; one person was fingerprinted for employment; there was one criminal mischief report.  There were two BOLOs issued; one was located.  Chairman Allen noted that he had a discussion with some young gentlemen that were rail-riding at the park on snowboards; he wondered if Officers ever have spoken with folks asking them to keep off the area.  Office Cowland noted Officers have had to address this at least one a year; it’s a liability to the town; it’s appropriate for town Officials to speak with anyone putting the town at risk by their behavior.  The town would take a big hit if someone were hurt.
  • Legal Expenses  Chairman Allen noted both the Benesh and Funicella cases are settled; the expenses to date are a total of eighteen-thousand-three-hundred-seventy dollars (Benesh $15,070; Funicella $8,300).
  • New Business
  • Encumber Funds for Master Plan (added)  Office Administrator Atwell noted the town has the first ten days of the year to encumber funds; a motion is needed to encumber the funds approved for the Planning Board’s work on the Master Plan.  Fifteen thousand dollars was put aside for that; twenty-five-hundred dollars of that has been spent but the town has a signed contract so it is allowed to encumber the remaining funds.  Selectman Thompson, seconded by Selectman Lockard, made a motion to encumber thirteen-thousand-seven-hundred-fifty dollars for the Planning Board’s work on the Master Plan.  The motion passed unanimously.  
  • Board of Adjustment Opening  Chairman Allen noted Joan Aubrey has resigned from the ZBA; David Matesky is being recommended to join the ZBA as a regular member.  The Board has received a couple of e-mails in favor of that.  Selectman Thompson would like to have this posted in the paper and e-news; he is in favor of posting whenever Jackson has openings on boards that are appointed.  Dave is serving as an alternate so he’ll be in on the meetings anyway; if he is appointed as a regular member then there will be an opening for an alternate.  Office Administrator Atwell was asked to post the single opening for a regular member on the ZBA with a deadline of one week after it’s posted so the Board will have information on interested applicants for the next meeting.
  • Intent to cut – R30, Lot 2 and R30, Lot 6  Selectman Thompson, seconded by Selectman Lockard, made a motion to approve the intent to cut.  The motion passed unanimously.   
  • MS 60 – to be signed  Selectman Thompson, seconded by Selectman Lockard, made a motion to authorize Chairman Allen to sign the MS 60.  The motion passed unanimously.   
  • Health Trust Surplus – FYI  Office Administrator Atwell noted this is not as much as last year; in the past this surplus has been put into the General Fund.  The Board agrees Office Administrator Atwell should proceed as usual with this.  
  • Special Election – Bill Kelley  Moderator Kelley joined the Board; he wants to make sure everyone is on the same page regarding the special election to be held on Tuesday January twenty-first to fill Executive Counselor Ray Burton’s seat.  There is an area that has been designated for electioneering; Moderator Kelley has had some conversations with Road Agent Jay Henry regarding marking the area off and keeping it open.  Moderator Kelley won’t be available until 4 p.m. and he has only one assistant at this time, Tim Scott.  He’s put it out there that he is looking for help if folks are interesting in being assistant moderators.
Regarding the newly created electioneering zone, Moderator Kelley mentioned to Office staff that the town should have an area map for clarity.  Chairman Allen noted he looked at the agreed upon area today and he’s wondering if the town needs to clear out the entire zoned area because it is frozen solid.  Moderator Kelley noted he’d voiced his concern about this area; it’s great to look at when it’s grass but not when it’s snow.  While this is an election for one position with (currently) four candidates in the running and Chairman Allen can’t imagine there will be a lot of campaigning going on, the town has to make a sincere effort to make the entire, agreed upon, area available.  Moderator Kelley would like to see it roped off so it’s clear.  (Further discussion occurred later in the meeting but is recorded here for continuity of subject).  Selectman Thompson is concerned with having anything less than the entire area Jackson agreed to for electioneering.  The whole thing should be made available and should be staked off; that is what Jackson agreed to; there is no ethical way around it; the town can’t say “It is a small election” or “It is winter”.  Moderator Kelley agrees; common sense says the town shouldn’t have to do this but Jackson has to comply with what it agreed to do.  Selectman Lockard agrees; the town would be asking for contention if it doesn’t.  Chairman Allen wants to know who is going to pay for it; Selectman Thompson noted the town will pay for it at every election; he will meet with Road Agent Henry to make sure the area is made available to anyone who cares to electioneer that day.  It was noted it is going to take several hours to clear that area.  

As it is getting close to warrant time, Moderator Kelley would like to discuss the need for the town to rescind the current article and set a procedure for going forward.  He doesn’t know if it’s necessary to do another article but because of what the town has gone through he thinks it’s a good idea.  Someone has already challenged the constitutionality of enforcing the article and the town could easily get a challenge for not enforcing the article.  There are other towns having the same issue.  The town lost because the current article talks about town property while elections are being held on school property not town property.  He wondered if the new article should identify “in town” for elections; in 1986 no one thought Jackson would have elections not on town property twenty years later.  The clock is ticking; he’d like the Board to get Counselor Malia on this; there need to be two articles crafted; one to rescind the article from 1986 and a new one so the town is not backed into a corner regarding the property where elections are held.  It was noted that the attorney for the school did a lot of research on this; Counselor Malia may have a lot on record as well.  

Assistant Moderator Scott will open for Moderator Kelley.  Former Assistant Moderator Jerry Dougherty resigned last year in March and Moderator Kelley hasn’t talked to him about future service; Jerry did his time and Moderator Kelley will miss him.  The ad in the paper and his notice stimulated some phone calls; he’s also heard there’s another person that might be interested.  It’s up to the Moderator’s discretion to name Assistants and whether it’s for one election or for the year.  Office Administrative Assistant Hoyt has the list of folks who have acted as Ballot Clerks.  Moderator Kelley predicted this is going to be a long, slow day; by town vote, the polls are open from 8 a.m. to 7 p.m.  The state says polls must be open from 8 a.m. to 3 p.m.; the Board wondered if it was necessary to keep to the longer hours for a Special Election.  Moderator Kelley noted the poll hours were set when the town presented an article at Town Meeting; for working people there is a rush at opening and again in the late afternoon.  

The Selectmen need to announce the date for Town Meeting; the vote is Tuesday March 11th and the town did authorize the Selectmen to separate the balloting and the Meeting portions.  From the Moderator’s standpoint, it would be very difficult and make for an extremely long day to have the Meeting portion on the same day as elections; he’d like to see Tuesday voting throughout the day and hold a night meeting on Thursday the 13th.  There’s a deadline to set that meeting; Office Administrator Atwell will follow-up on this.  

Chairman Allen would like to set the times for the Selectmen to cover the polls on the 21st; he’d suggest the poll time be divided into thirds with all three Selectmen in attendance for the ballot counting that starts at 7 p.m.  Chairman Allen will do the morning shift starting with set up at 7 a.m.  School will be open that day so Road Agent Henry and the Highway crew will come in for a half-hour in the morning to set up the area.  Selectman Thompson will cover the polls from 11 a.m. to 4 p.m. and Selectman Lockard will come on at 4 p.m. and stay through the count.  

The Board needs to set Tuesday February 11, 2014 for a Public Hearing for the warrant articles; this has to be done thirty days prior to Town Meeting so Office Administrator Atwell can get the book to the printer.  The Board will hold the Public Hearing at 3 p.m. on Tuesday February 11, 2014.  

  • Highway Overtime (added)  This will be covered at next week’s Work Session.
  • Valley Vision (added)  Office Administrator Atwell noted the Board signed an MOU with Valley Vision; she wants to know if Videographer Hank Benesh should start submitting disks now.  Selectman Thompson noted this won’t start until Conway Selectmen sign the MOU; he’ll advise when Videographer Benesh should begin submitting material to Valley Vision.  
  • Old Business  Fritz Koeppel would like to speak about the Building Inspector Contract; the Board invited his input.  Fritz noted they started construction (at the Wentworth) on November 4th; he’s closed on the construction loan but the bank won’t release the funds without the building permit.  Fritz noted his contractor didn’t submit the permit application until December 20, 2013; they know they have the demolition permit and a foundation permit; the town has thirty-days to respond to the application.  He’s concerned the delay is due to the changes with the Building Inspector position; bills are coming due and the bank won’t release the funds without the permit.  Fritz doesn’t know what Andy Chalmers’ situation is but Andy put extensive work into this project and Fritz’s contractor has put in a request that Andy be used to complete the process rather than deal with the learning curve of a new Building Inspector.  Fritz is willing to do anything he can to expedite the signing of the permit.  Fritz has contacted Andy numerous times by mail, e-mail and phone; Andy has said he would be willing to continue the project but he’s not sure of his status and if he will be continuing to work for the town.  
Selectman Thompson noted that Andy’s “status” is that he submitted a letter of resignation on January 2, 2014.  The Selectmen are trying to get wrapped around the building permits that are active and what Andy’s interest is regarding finishing up with those.  Andy’s letter of resignation is the beginning of a transition; at the same time, the Selectmen aren’t conducting business outside of meetings and this is the first meeting since the letter came in.  Fritz is not alone; Jackson is not dependent on an individual and will honor the thirty-day commitment.  The Board will be talking about short-term needs and long-range needs.  There are a number of different projects with short-term needs.  Fritz thanked the Board.  

Office Administrator Atwell noted she spoke with Fire Inspector Bob Gaudreau; she’s received an e-mail from him basically saying he would be willing to take over the existing building permits and see them through, specifically the Wentworth.  Someone needs to get ahold of the plans from Andy and Inspector Gaudreau will follow-through with that; he’s here every Thursday.  The Board does intend to put together a plan for moving forward here.

Office Administrator Atwell spoke with MRI (Municipal Resources Inc.); they have certified Building Inspectors available for fifty-seven dollars and fifty cents per hour plus mileage.  Typically the town puts the cost onto the person requesting the work to be done.  If Jackson chooses to engage a Building Inspector, MRI needs forty-eight hours’ notice for inspections and they’ll send in their person from Ossipee; reviewing permits can be done via e-mail.  Andy had suggested that; some towns use MRI indefinitely.  The other option would be to get people to submit resumes and letters of interest; MRI can help with that transition.  This would make a perfect interim solution; Chairman Allen would like MRI contracted for any new permits and have Inspector Gaudreau handle the five permits that are currently out there.  When asked if the Board plans to make this plan effective immediately, Selectman Thompson feels that should be the case; the Board is hearing about it being hard to get ahold of Andy; Inspector Gaudreau has stepped up and has the experience to do this.  MRI can also give the Board an idea regarding what the costs will be; for example “this will take four inspections and ‘this’ is the expected cost”.  Chairman Allen is okay with that as long as there is a caveat that MRI might say it will take four inspections but the applicant is still responsible for any costs for additional inspections.  

Office Administrator Atwell noted sometimes people would call Andy to ask general building questions; she’d like to know if MRI is to be a resource for that.  Selectman Thompson feels MRI would be for the short-term; the Board will move ahead with the contract then get it posted and get resumes in.  He’d hate to pay sixty dollars an hour for asking a general building question; he suggested going to Inspector Gaudreau first then if he’s not able or available to answer the question MRI could be contacted as a back-up plan.  Selectman Thompson wondered if Inspector Gaudreau can make himself available on Thursdays for this; Office Administrator Atwell noted Inspector Gaudreau will also be available via e-mail.  

Inspector Gaudreau had mentioned Berlin always requires the Building Inspector and the Fire Inspector to sign-off on permits; this would allow a check and balance for those that are concerned about too much authority being given to the Building Inspector position.  Selectman Thompson likes the whole checks and balances piece; Chairman Allen agrees two sets of eyes are better than one.  The building permit application is to be changed immediately; as of tomorrow Jackson’s Fire Inspector is its Building Inspector and Chairman Allen wants Inspector Gaudreau to look at the new ones as the Fire Inspector, too.  Selectman Lockard agrees; this change adds another level of oversight.  The Board doesn’t know what Inspector Gaudreau charges for an hourly wage; if the position becomes more time-consuming the Board will address that later.  It’s better for the Fire Department to view proposed building beforehand; folks can avoid mistakes before it’s built.  Selectman Thompson would be interested in having someone meet with Inspector Gaudreau to get a feel for the process that is already in place.  Selectman Lockard hasn’t been working with Inspector Gaudreau but he’s worked with Fire Chief Henry; he’s willing to speak with Inspector Gaudreau when he comes in next Thursday.  

The Office was contacted about an outstanding application; Country Cabinets was scheduled to do the install today; these folks haven’t gotten a call back about the permit; they are doing due diligence and there was some angst when they contacted the Town Office.  Chairman Allen will take the heat; he told them to go ahead with the install.  Selectman Thompson noted there are things that won’t be thoroughly inspected as the cabinets have been installed; he doesn’t think the process has lost too much integrity.  

Selectman Thompson, seconded by Selectman Lockard, made a motion to hire Bob Gaudreau to act as Building Inspector in the interim period for the five permits that are current.   Selectman Lockard wondered if using him for consulting needs to be part of the motion.  Selectman Thompson noted consulting is part of the job.  There was no further discussion.  The motion passed unanimously.  Office Administrator Atwell asked if the Board is going to get the plans from Andy; Selectman Thompson will e-mail Andy tonight and CC the Office so it’s on the record.  

Selectman Thompson, seconded by Selectman Lockard, made a motion to contract with MRI to provide Building Inspection services for any new permit applications until such time as Jackson has a new Building Inspector contract.  The motion passed unanimously.   Office Administrator Atwell thought the Board needed to finalize the job description first however, the Board would like to get moving on this and requested she post the position immediately; Andy’s resignation gives Jackson the chance to start anew.

Chairman Allen read Andy’s letter into the record; it is as follows:

Chalmers Building Services

January 2, 2014

Dear Selectmen,

I have decided to resign from my positions as Building Inspector and Deputy Health Inspector for the Town of Jackson.

The continued efforts, of a minority faction with the Town, to turn building inspections and the position of the Building Inspector, once again, into a political issue is unacceptable.  You will recall that I have weathered 5, fractious, years of the ‘Building Code storm’ in Jackson.  During this time I have greatly appreciated the support of the majority of the Town as each year the good people in Jackson have stepped up and overwhelmingly shown their support for me and the continuation of local Code enforcement.

I wish that you, the Board of Selectmen, had been able to exercise your duty to assign/appoint the position of the Building Inspector.  The appearance of indecisiveness in this matter has lead (sic) this insignificant faction to believe that, once again, this is a political position.  This is no longer a battle in which I wish to continue to participate in.

I am grateful for the majority of the tax payers, the builders and mechanics who have been fantastic in their support of me as the local Code Enforcement Officer.

Respectfully,

Andrew C. Chalmers, CMI
Inspector/Owner/Project Administrator
Chalmers Building Services

  • Building Inspector Contract  The Board has included the job description with the Memorandum; it lists the essential duties, the same as any town employee.  Office Administrator Atwell has had some discussion with Andy on how this should look; the Board has the LGC’s generic job description and the state building code books.  The missing piece is that the Planning Board wrote a building code ordinance so the Board looked at that Planning Board-created ordinance that the voters supported to become informed on what the essential duties should be.  Counselor Malia is going to check to see if he reviewed the ordinance previously; if he hasn’t he will do so.
Chairman Allen noted he and Office Administrator Atwell have talked about the building permit billing process; the invoices Jackson got from the former Building Inspector didn’t match up with the income generated from the fees; legally the town is not supposed to make money on that; it should be a wash.  There is quite a disparity between those figures.  Jackson also wants to make sure it is invoiced once a month with details of what was done, when it was done, etc.  Chairman Allen finds it uncomfortable for folks to pay thousands of dollars and not get services; it’s time for new blood.  At this point the Selectmen are going to review the contract and any other changes will be made and as discussed, the change regarding invoicing once a month will be added.  The Board wants to have something it’s approved by the time interviews start.  The final draft will be presented at the next meeting.  

  • Public Comment  Selectman Lockard noted he has an item for Public Comment; he is submitting his resignation from the Board of Selectmen for personal reasons.  He will continue in his seat until March; the election process should fill his seat in March.  Chairman Allen and Selectman Thompson both expressed their shock and disappointment about this unexpected news; the Town will miss his services in this role.
Bill Wogisch noted Andy’s letter didn’t state an official date of resignation; he owes something to the town; he should be willing to serve through the five applications.  Selectman Thompson agreed that there was no date of resignation; Andy was pressed for one and wouldn’t provide one.  The Selectmen tried hard to get him to commit to see through the open applications; they have been unsuccessful at getting Andy to commit to that.  He hears what Bill is saying; one would hope that those kinds of things could be worked out but Jackson has made every attempt to work this out.  Bill noted this doesn’t speak well for Andy going forward; he is burning bridges.   

Bill Wogisch asked if Selectman Lockard’s resignation is effective in March of this year; Selectman Lockard affirmed this.  Bill then asked Selectman Lockard if this means he’ll have served one year of his three-year term; this was affirmed.  

Office Administrator Atwell will call the DRA tomorrow to affirm the filing deadline; she will also get the word out there will be two openings for Selectman.  Chairman Allen’s three-year seat and Selectman Lockard’s two-year seat.


There being no further business, the meeting was adjourned at 5:56 p.m.

                                                        Respectfully submitted by:

                                                        Martha D. Tobin

                                                        Recording Secretary