Select Board 7-10-08

Weathersfield Select Board Minutes July 10, 2008 Present:        Daniel Boyer             Henry C. Cobb             Glenn Fisher             Norman John Arrison             Patricia Daniels Others Present:    Larry Melen, Town Manager             Lisa Sargent, Recording Secretary A. Richard Palatino Sr. Betty Adams Edith Stillson Julia Lloyd Wright, Eagle Times Lynn Esty, Constable Wes Hazeltine, Highway Superintendent Joe Phelan Darrin Spaulding, AVFD Ray Stapleton, WWVFD John Esty Josh Esty Bette Jo Esty Stanley Lafko Deborah J. Lafko Jeanne Shafer Michael Shafer Deb Ostrum, SAPA Chief Brown Officer Richardson 1.  Call to Order by Chairperson: Mr. Arrison called the meeting of the Weathersfield Select Board to order at 7:00 p.m. at Weathersfield Center Meeting House. 2.  Vermont Roads Scholar: Mr. Arrison presented Mr. John Esty with a plaque acknowledging he is the recipient of the VT Roads Scholar and thanked him for his work and dedication to the Town of Weathersfield as a Highway Department employee.   3.  Comments from Citizens: none 4.  Board of Liquor Commissioners: Mr. Arrison convened the Board of Liquor Commission     A.  Application for Second Class Liquor License for Poor Richard’s of Vermont, L.L.C. dba Ascutney Gulf and Convenience Mart: Mr. Boyer made the motion to approve the application for a second class liquor license for Poor Richard’s of Vermont, L.L.C. dba Ascutney Gulf and Convenience Mart, Mr. Cobb seconded the motion.  Mr. Arrison asked Chief Brown if there had been any problems at this location, Chief Brown said no.  Mr. Melen asked what the hours of operation would be, Mr. Palatino said 5:30 am – 10:00 pm Sun – Thurs and open until 11:00 pm on Friday and Saturday.  Mr. Boyer asked when he would open, Mr. Palatino said he hopes it will be August 1, 2008.  Mr. Arrison asked Mr. Palatino if he had experience in this business and was familiar with the laws for selling alcohol, Mr. Palatino said he has been in this business his whole life and is familiar with the laws.  Mr. Melen noted he had a copy of the lease and purchase and sales agreements.  Motion carried unanimously.     B.  Application for Tobacco License for Poor Richard’s of Vermont, L.L.C. dba Ascutney Gulf and Convenience Mart: Mr. Boyer made the motion to approve the application for a Tobacco License for Poor Richard’s of Vermont, L.L.C. dba Ascutney Gulf and Convenience Mart.  Mrs. Daniels seconded the motion, which passed without dissent.     Mr. Arrison adjourned the Board of Liquor Commissioners. Skipped ahead to #11 11.  Appointments:     (xi): Town Service Officer, Ruth E. “Betty” Adams: Mr. Cobb made the motion to appoint Ruth E. “Betty” Adams as the Town Service Officer, Mrs. Daniels seconded the motion.       Mrs. Adams said she received a letter saying she was re-appointed already so that is why she has been doing the work already.  She said she wanted to mention to the Board that with the economy getting worse she knows there will be more requests received.  She would like to propose that any good firewood that the landowners don’t want (that the Highway Dept cuts) to be left at the landfill for her to write vouchers for.  She also noted there was a compost pile and swap shop at the landfill already and she encourages everyone to use them.  She said the Food Shelf has had some donations of vegetables from gardens and she encourages people to continue to share those.       Mr. Arrison asked Mr. Hazeltine what kind of wood is available.  Mr. Hazeltine said a lot of the wood needs splitting and also noted most of the landowners claim it.  Mrs. Adams noted there were two maple trees along Cascade Falls Road that need to be cut and perhaps they should be looked at again.       Mr. Arrison asked Mrs. Adams what she thought about a community garden.  Mrs. Adams said that this is a great idea and she would be happy to seek volunteers to do this next year.       Mrs. Adams said the Food Shelf is open every Thursday from 1:00 pm to 2:00 pm.  Mr. Cobb noted the Ascutney Union Church has a small food pantry available on Saturday’s from 9:00 am – 10:00 am.       Motion carried unanimously. 5.  Fiscal Year 2009 Fuel Conservation Proposals: Mr. Arrison said the Board received information on how to save fuel from the four departments they requested.  Mr. Cobb said the Fire Departments brought up a good point – what are the Town requirements and liabilities when it comes to power outages, lines down etc.  Mr. Melen said the Town is responsible to suppress fire, they do not have any liability at all for wires.  He noted this is from VLCT.       Chief Brown said he does not make it a point to direct traffic at the intersection of Route 5 and Route 131 during a power outage because it is too dangerous.  He noted the Ascutney Fire Dept puts up the manual stop signs and even though some people still don’t stop, it is the driver’s responsibility to pay attention to signs.  He said he has asked the State about a battery back up but they say one isn’t available.       Mr. Cobb asked when power lines are across a road is it ok to put up road closed barricades and leave.  Mr. Melen said yes, that is what the State does.  Mr. Stapleton said they have been toned for power lines down, put up barricades and people go around them, couldn’t a law suit be filed against the Town.  Mr. Melen said yes, but we don’t own the power line so it’s not our fault.  Mr. Spaulding said CVPS has told the Ascutney Fire Department that we (the fire department) are liable.  Mr. Melen said we do not own the power line, it is CVPS’ responsibility and he feels they are passing the buck.       Mr. Arrison asked Mr. Melen to get something in writing.  Mr. Stapleton said that if this is the case the Town and Fire Departments should receive a letter stating so.         Mr. Cobb asked the Fire Chief’s how much fuel could be saved.  Mr. Spaulding said Ascutney’s calls are up, they just closed the year with 341 calls so he is not sure exactly how much can be saved.  He noted that the department just purchased a cascade system so they can fill their own air tanks so that will be less fuel that will be used not having to get those filled.       Mr. Melen said he proposes the Town Office to go to a four-day workweek to cut down on electric and heating usage.  He said the Highway Department could consider doing their four- day work week year round.  Mr. Hazeltine said he doesn’t believe a four-day workweek would work for his department in the winter months.  He said they work a four-day workweek as soon as they can after the thaw in like April and they go back to a five-day workweek when they start to haul sand in November.  Mr. Melen said the Town Office hours could be 7:30 am – 5:30 pm Monday through Thursday.  Mrs. Daniels asked Mr. Melen what his hours would be if they did work a four-day week, Mr. Melen said variable like they are now as he always exceeds forty hours a week.  Mr. Arrison asked what the thermostats were set to, Mr. Melen said down to 60 from 6:00 pm to 7:00 am.  Mr. Arrison asked about the energy audit that was completed at Martin Memorial Hall, Mr. Melen said he is working with the Trustee’s on it.       Mr. Boyer said he liked Mr. Spauldings idea about trying to have fuel on Ascutney’s side.  Mr. Melen noted the Ascutney Fire Dept. has a commercial gas card, which is a lot more per gallon than bulk delivery.  Mr. Spaulding said he knows of a 1000 gallon above ground tank that someone is willing to give him if it could be set somewhere in Ascutney.  Mr. Melen said in order for it to go at Martin Hall we would have to eliminate some of the parking lot.  Mr. Hazeltine said he doesn’t think it would be a lot cheaper because it is only a 1000-gallon drop where the tank at the highway garage is a 7500-gallon drop. Mr. Hazeltine said his tank in the back of his truck holds fifty gallons and he could make it a point when going through Ascutney to stop and fill a fire truck on his way through.       Mr. Stapleton asked about going through the State.  Mr. Spaulding said he was told the Town has to call Dummerston.  Mr. Melen said they are doing away with State Contracts, he said we can’t get salt through the State anymore.  After discussion it was left that Mr. Melen would call Vtrans to inquire about this.  Mr. Stapleton said it seems that we should be able to use the same contract to get heating fuel too.  Mr. Hazeltine said the last bulk drop he received was on May 30th and it was $4.26 per gallon for 7500 gallons.   6.  Monthly Reports:     Highway:  Mr. Boyer thanked Mr. Hazeltine for the good work his crew has done through the rainstorms.       Mr. Cobb asked Mr. Hazeltine about Little Ascutney Road.  Mr. Hazeltine said they haven’t done much to this road for over twenty years, as Herbie Brown didn’t want the town to maintain it.  He said we are doing just enough for a Class III road but we need to improve it some to plow.  Mr. Hazeltine said the current landowner doesn’t want it maintained any more than necessary.  Mr. Arrison said we may want to consider making it a Class IV road.  Mr. Hazeltine said the problem he can see is it is difficult to turn a truck around in deep snow especially as snow gets piled in.       Mr. Cobb asked Mr. Hazeltine if he had seen his final budget, Mr. Hazeltine said no.  Mr. Melen said it wouldn’t be done for another month.       Land Use: No comments     Municipal Assessing Property Service, L.L.C.: Mr. Melen said the State has not accepted our grand list yet.  He said we couldn’t disburse the retainage yet because the first company didn’t complete the project and the second company is requesting the retainage.  Mr. Arrison suggested getting a release from both parties.       Southern Windsor/Windham Counties Solid Waste Management District: Mr. Melen said we would have one mailing in the tax bill, a magnet.       Cash Flow Report: Mr. Melen said we are still in good shape now that we have the tax anticipation note in hand.   7.  Review Minutes from Previous Meeting(s): None in packet to review. 8.  Ordinances, Policies, Procedures:     A.  Noise Control Ordinance: Mr. Cobb said he would like the Board to do away with Article #4, he objects to it.  He said he doesn’t want to see sources.  Mr. Cobb asked Mr. Melen to look at this section again.  Mr. Arrison asked Board members to forward their comments to Mr. Melen for revisions before it goes to the first reading.     B.  Re-Adopt Ethics Policy: Mr. Boyer made the motion to re-adopt the Ethics Policy, Mr. Fisher seconded the motion.  Mr. Cobb asked what was the policy date, Mr. Melen said June 19, 2008.  Mr. Boyer amended his motion to include dated June 19, 2008, Mr. Fisher seconded the amendment.  Motion carried unanimously.     C.  Procedure for Handling of Complaints and Citizen Inquiries: Mr. Cobb asked about acknowledging the complaint/inquiry within three days, Mr. Melen said that is in there.  Mr. Boyer made the motion to adopt the procedure for handling of complaints and citizen’s inquires.  Mr. Cobb seconded the motion, which passed without dissent.     D.  Questions regarding Animal Control Ordinance – Stanley and Deborah Lafko:  Mr. Melen said the Board received a letter from the Lafko’s a few weeks ago and received one from Julia Lloyd Wright which is in the packet tonight.  Mr. Melen said the Constable was called home for a family emergency.   Mr. Arrison said he looked at the ordinance and it appears there are some problems with the wording.  He noted that Mrs. Esty showed him some wording from the State’s Ordinance, Title 20, Chapter 194 that would support her decision.    Mr. Lafko said he has read the Ordinance on line and the Town has taken pieces from the State’s Ordinance and put it in their Ordinance.  He said the State Ordinance is clear that you can not bait and feed for the purpose of trapping.  He said in September 2005 Julia Lloyd Wright was told to stop feeding cats outside and it lasted for two years, nine months.  He noted when there is cat food outside twenty-two feet across the road other cats are going to smell it and go there to eat.   Mr. Arrison said he agrees some of our Ordinance needs to parallel the State.  Mr. Lafko said again, baiting is the issue and it clearly states in the State Ordinance you can not do it.  Mr. Arrison asked if Chief Brown has been up to the complaint at this time, Chief Brown said that no, he has not been called.  Mr. Melen said if a violation is found you file a complaint with the Constable or Local Police, the State Police do not get involved in this.   Mr. Arrison asked the Lafko’s if they had filed a written complaint, Mr. Lafko said yes he has and he was told that the Constable reports to the Select Board so that is why he is before the Select Board.  Mr. Arrison said there is a question if allegations are accurate.  Mrs. Lafko said Mrs. Esty told her she brought a stray cat to Julia Lloyd Wright to feed.   Mr. Cobb said he feels Mrs. Esty should take the document and assess it.  Mr. Boyer said he disagrees, he feels it should go to Chief Brown.   Mr. Lafko said he has talked with an Attorney and Mrs. Esty was in the wrong, and Julia Lloyd Wright is in violation of the State Law.  He also noted that when the Town detains an animal within seven days two Select Board members are to investigate and he hasn’t seen or heard from anyone.  He said there are a whole bunch of issues that need to be addressed.   The Board asked Chief Brown to look at the determination of the Town’s Ordinance and the State Ordinance.   Mr. Lafko said he has abided by Mrs. Esty’s rules for two weeks now and he wants the “ban” that she put on their cats lifted until this issue is resolved.  Mr. Melen asked if they were issued a written notice of violation, Mr. Lafko said yes (and gave a copy to Mr. Melen).   The decision was left that Chief Brown will investigate. 9. New Business:     A. Fiscal Year 2009 Billing Rates: For information only. B.Movement of Piper Road Traveled Way at Gulf Road Intersection – Phelan Living Trust.   Mr. Melen said on June 17, 2008 Mr. Phelan came into the office to discuss this and there is a letter that he received via email (yesterday) in tonight’s packet.   Mr. Arrison said that we need to determine exactly where the road was laid out.  Mr. Melen said he recommends the Board listen to Mr. Phelan then we talk with Town Counsel.  Mr. Phelan said he compared maps at the Town Office and it’s clearly visually noticeable.  Mr. Melen said he agrees it shows a difference but doesn’t show why it changed.  Mr. Hazeltine said in 1973 he did work on that road and blasted ledge off Aldrich’s side.  He said Mr. Thorpe worked right along with the Town crew.  He noted he personally remembers moving Mr. Thorpe’s stone wall and is not sure that the road was moved.   Mr. Cobb said we should research town records and take this seriously.  Mr. Phelan said part of his wall is in the road.  He said Mr. Melen asked why he decided to come to the Town at this time and he said it is because it is a continuing problem.  He said the road was recently graded and it created a water problem.   It was decided this would go on the agenda again for the 24th.     C.  Request to Waive Solid Waste Utility Assessment, Kenneth C. Baker: Mr. Cobb made the motion to waive the Solid Waste Utility Assessment fee for Mr. Kenneth C. Baker, Mr. Boyer seconded the motion.  Mr. Melen said he would have this taken off the records.  Mrs. Daniels said she hopes this is taken care of so he doesn’t have to come back to us.  Motion carried unanimously.   D. Resignations:     Courtney S.M. McKaig, Parks and Recreation Commission: Mrs. Daniels made the motion to accept Courtney S.M. McKaig’s resignation from the Parks and Recreation Commission.  Mr. Fisher seconded the motion, which passed without dissent. Robert A. LaCasse, Conservation Commission: Mr. Boyer made the motion to accept the resignation of Robert A. LaCasse with regret, Mr. Fisher seconded the motion.  Mr. Melen noted this Commission no longer has a quorum.  Motion carried unanimously. E. Insurance Coverage for Fire Departments, VLCT Property and Casualty Inter-Municipal Fund: Mr. Melen said the League has offered at no cost an operational consultation for the Fire Departments.  Mr. Arrison said he supports the concept but would like to refer to the Fire Commission.  The Consensus of the Board was if the Chief’s are ok with it to go ahead and do it.  Mr. Melen said we earn credits if we do these programs and if we don’t accept their offer we earn demerits.   F. Adjustment to IRS Mileage Reimbursement Rate: Mr. Melen said the IRS mileage reimbursement is 58 _ cents from July 1 – December 31, 2008.  Mr. Cobb noted that since employees are being reimbursed for mileage they should be added to the list to save 10% on fuel.  Mr. Melen said he has mandated carpooling whenever possible.  Mr. Cobb made the motion to accept the IRS rate of 58 _ cents from July 1, 2008 to December 31, 2008, Mrs. Daniels seconded the motion.  Mr. Cobb asked who approves mileage reimbursement, Mr. Melen said he does for employees.  Motion carried unanimously.   G.  Establish Fiscal Year 2008 Tax Rates: The grand list has not been approved yet.   10. Old Business (moved around)     D. V-COMM Emergency Equipment Grant, Weathersfield Police Department: Mr. Melen said we had to get a replacement quick because we were without one therefore, can’t get the grant because we purchased it without being pre-approved.        E.  CITRIX Memorandum of Understanding – Vermont Department of Safety, Division of Criminal Justice Services: Mr. Cobb gave some context to refresh memories about the Law Enforcement Study Group that was formed a few months ago to look at the operations of the Police Department.  He said he feels strongly that we need to get CITRIX into our building for the Police Officer’s use.  He said this won’t eliminate administrative work but it will help the Officer’s be more efficient.       Mr. Cobb made the motion to direct the Town Manager and Chief Brown to sign the M.O.U.  Mr. Fisher seconded the motion, which passed unanimously.       Mr. Cobb said he feels there is a lot we don’t understand about the VIBR’s system at this time but he feels it will benefit Chief Brown to have and use this system.  Mr. Cobb made the motion to spend no more than $4,000 for the VIBR’s system, Mr. Boyer seconded the motion.  Mr. Melen said the computer he priced out is higher end, not the normal computer from Staples.  And, he noted our history is we recycle every seven years so he beefed it up to stretch the longevity.  Mr. Fisher confirmed that the company is going to do a site visit and may make recommendations.  Motion carried unanimously.       Mr. Cobb said he recommends that Mr. Melen and Chief Brown come to the Select Board with their recommendations on how to use the extra hours that were approved by the voters.  Mr. Cobb said the Law Enforcement Group would meet in September to review the progress of the system.       A.  Town Network Management & Maintenance Contract: Mr. Melen said this issue was raised back in April.  Mr. Fisher said outsourcing work overseas bothers him.  Mr. Melen said the monitoring of the system is the only thing outsourced.  Mr. Melen provided the Board with comparisons between Competitive Computers and Systems Plus Computers.  He said financially Systems Plus Computers would be more expensive.  He said they are very qualified but he is concerned with their location and also that they would have to take the system apart so they can see what we have for a system.  Mr. Melen also noted that Competitive Computers does not charge for their help desk.       Mr. Boyer made the motion to sign the Network Management & Maintenance Contract with Competitive Computers, Mr. Fisher seconded the motion.  Mr. Cobb asked Mr. Melen what his recommendation was, Mr. Melen said Competitive Computers because they know the system and he is highly satisfied with their work.  Motion carried unanimously.     B.  Power Outages, Corrected Letter to Central Vermont Public Service Corporation: Mr. Melen noted the letter with the corrected dates is ready for signatures.       C.  Murray Flats Bridge: Mr. Melen said he received an email from the District Highway Department and they want us to submit an itemized quote from the contractor.  Mr. Arrison recommended asking Miller Construction for an itemized bid with the updated price.  The consensus of the Board was to do this and submit it to the State.   11.  Already discussed. 12.  Sign Treasurer’s Warrants: Mr. Cobb made the motion to approve the Treasurer Warrants reflecting both fiscal year 2008 and 2009 expenditures as follows:       General Fund Payroll                    $27,419.20     General Fund Operating Expense                $82,059.28     Highway Fund Payroll                    $18,013.67     Highway Fund Operating Expense                $55,139.37     Solid Waste Management Fund Payroll            $  3,042.20     Solid Waste Management Fund Operating Expense    $16,098.22     Reserves                            $  1,108.13     Library                            $     650.07 Mrs. Daniels seconded the motion, which carried unanimously.   13. Next Meeting’s Agenda Items: Mr. Phelans request, tax rate and due dates. Mrs. Esty returned and asked for a directive on the discussion of the Animal Control Ordinance, Mr. Arrison asked her to see Mr. Melen after the meeting. 14.  Adjourn:  Mr. Boyer made the motion to adjourn.  Mr. Cobb seconded the motion, which passed without dissent.  The Weathersfield Select Board meeting was adjourned at 9:40 p.m.                                          Respectfully Submitted,                             Lisa Sargent Approved by the Weathersfield Select Board on July 24, 2008                             ____________________                             Daniel Boyer                             ____________________                             Glenn Fisher                             ____________________                             Henry C. Cobb                                          ____________________                             Patricia Daniels Appendix         Website policy - Larry         Ancient roads (continue working on) - deForest         Posting sign policy - John         Use of Weathersfield Elementary School - Chip         Capital asset inventory – Chris Adams         No Parking Signs by Thomas residence         Review and increase of land use fees - deForest 03/08/07    Procedure for handling of complaints and citizen inquiries - Pat 05/03/07    Emergency communication - Dan 05/03/07    Radio Station designation for emergencies – Mike Thomas 08/16/07    large gathering permit - John 10/18/07    Economic depreciation factors from AMPTA - Pat 11/01/07    Designation of emergency shelter and power supply - Dan 03/20/08    Cascade Falls Road Parking Area (maintenance) 06/19/08    Tenney Hill Pond 06/19/08    Noise Ordinance 07/10/08    Community Garden 07/10/08    Energy Audit