Plumbing Inspector Job In Limbo
Robin Beck
About 20 local contractors attended the Boothbay selectmen's meeting
Monday night to show collective support for David Taylor to be
re-appointed as plumbing inspector for the town.
Attorney Richard Elliott was also present to speak on behalf of Mr. Taylor
and urge the board to re-appoint him. The matter ended up being tabled,
along with other town appointments, pending consultation with the town's
attorney.
The selectmen had earlier decided when they hired new code enforcer Marian
Anderson that they eventually wanted to incorporate the plumbing inspector
position with that of the code enforcer and keep those functions, with all
permitting records and fees, centralized "in-house" in the
Town Office.
This decision was formalized in the budget process when the plumbing
permit fees were budgeted as revenues and the code enforcement account
increased.
"It's no reflection on David," said selectman Dick Hodgdon.
"When we hired the code enforcer, we thought it would be better to
have everything in the town office," he said, adding that the
interviews for the job had included that provision.
Marian Anderson is not yet certified as a Licensed Plumbing Inspector
(LPI) but is in the process of taking classes and required tests and
expects to be certified within six months.
In the meantime, the town has received a letter of temporary certification
from the Division of Health Engineering in the Dept. of Human Services.
The letter, signed by Wendy Austin, cites state law in granting the
temporary authorization.
But Mr. Elliott argued several points in trying to convince town officials
that they should keep Mr. Taylor on: 1) that it's not an issue of his not
doing the job; 2) that the contractors are all satisfied with his prompt
service; 3) that it's not an issue of cost; 4) that if it's an issue of
record-keeping, his client would offer to put all records in the Town
Office; 5) that Taylor has shown dedication through 25 years of service;
and 6) that legally Ms. Anderson cannot be temporarily certified when the
town already has a certified person on the job.
Elliott cited rules of the Division of Health Engineering and Maine law
governing LPI certification by the State Planning Office, with exceptions
outlined which he said do not apply in this case because the town cannot
show hardship as it already has a fully qualified person employed.
Elliott suggested the town could have "the best of both
worlds" by keeping Taylor on as plumbing inspector and making the
code enforcer the back-up plumbing inspector.
"You'd have 24-hour service," he said, with Anderson covering
days and Taylor, evenings. "You won't see a downside to keeping him
on," said Elliott.
The board voted 5-0 to table the matter until the next meeting May 29 and
to get a legal opinion from town counsel Bill Dale on the authorization
letter the town had received.
The town of Boothbay Harbor had considered the same course of action as
Boothbay a few months ago, but selectmen ended up voting to keep Taylor on
as plumbing inspector.
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