Select Board 9-18-08

Weathersfield Select Board Minutes September 18, 2008 Present:        Daniel Boyer             Norman John Arrison             Glenn Fisher             Henry C. Cobb             Patricia Daniels Others Present:    Larry Melen, Town Manager             Lisa Sargent, Recording Secretary             Edith Stillson             Julia Lloyd Wright, Eagle Times             Arlene Fitzherbert             Don Fitzherbert             DeForest Bearse, Zoning Administrator             Wes Hazeltine, Highway Superintendent             Christian Wimberg             Chris Leroy             James Merrill             Bill Henne             Courtney McKaig, Brownsville, VT             Chief Brown 1. Call to Order by Chairperson: Mr. Arrison called the meeting of the Weathersfield Select Board to order at 7:00 p.m. 2.  Comments from Citizens: Ms. Lloyd Wright asked the status of the animal ordinance, Mr. Melen said it is still with Town Counsel.  Mr. Cobb asked Mr. Melen to check with Town Counsel and get it back to us.     Ms. Sargent mentioned the Weathersfield Veterans Memorial Committee would be having a mum sale this Saturday and a chicken BBQ on Saturday October 11th.   There will also be other events in town on October 11th to include a book sale at the Library, a yard sale at Ascutney Fire Department, a mega yard sale on Cooks Pond Road and Skyline Drive and a fundraiser at the school.     Mr. Arrison noted that the Hazardous Waste Collection would be on Saturday the 27th from 9:00 am – 11:00 am at the transfer station. 3.  Review Minutes From Previous Meeting(s): Mr. Boyer made the motion to approve the minutes dated September 4, 2008, Mr. Fisher seconded the motion.  Corrections were noted.  Motion carried 3 – 0 with two abstentions. Moved ahead to #7.  Mr. Melen noted the applications have been amended to read Little Darling, LLC with the principal and representative of the company being William C. Henne, Jr.  Mr. Arrison convened as the Board of Liquor Commission.   7. Board of Liquor Commission:      Request for First Class Liquor License: Mr. Boyer made the motion to grant a first class liquor license to Little Darling LLC, dba Casa Del Sol, Mr. Cobb seconded the motion.  Mr. Melen noted that Mr. Henne and the Land Use Administrator had emailed each other back and forth and copies of that email were in the Board’s packet tonight.   Mr. Boyer asked what open mic night would consist of.  Mr. Henne said someone provides a sound system and other musicians perform.  Mr. Melen asked Mr. Henne if he was the sole proprietor, Mr. Henne said yes.  Mr. Melen asked what role Dan Knapp would have, Mr. Henne said he would be the manager on site.   Mr. Cobb asked Mr. Melen what the explanation of a First Class Liquor License was; Mr. Melen said sale of alcoholic beverage for on site consumption.   Mr. Arrison asked Mr. Henne if he had seen the comments from the Land Use Administrator, Mr. Henne said no. Mr. Cobb asked Chief Brown if he had talked to the Liquor Control, Chief Brown said he had not heard back from them. There was discussion that there could not be a nightclub in the area per the zoning bylaws.   Mr. Wimberg said he is concerned with the open mic night and the noise it will generate.  Mr. Henne said very rarely would there be whole bands; there is not a big sound system.  Mr. Arrison noted we have a new noise ordinance (that should be in place soon) that will help control the noise level. Mr. Melen was asked to give a copy of the ordinance to Mr. Henne and Mr. Wimberg. Mr. Henne said he would be open Thursday, Friday and Saturday until 12:00 midnight, he said his restaurant will be modeled after Skunk Hollow Tavern.  He said he would like to serve food until 10:00 p.m. and initially there will not be any entertainment on Friday or Saturday nights. Mr. Cobb asked how he would control the consumption of alcohol from underage people.  Mr. Henne said everyone will be carded and his employees will go through the proper training.  Mr. Cobb asked how he would handle patrons consuming too much alcohol.  Mr. Henne said there are liquor laws to follow and he will ask intoxicated people to leave.  He also noted he would have someone at the door and in the parking lot to be sure all goes ok. Mr. Melen noted the Board is empowered to impose conditions for alcohol sales.  Mr. Arrison asked Mr. Henne when last call would be, Mr. Henne said probably at 11:30 p.m.   Mrs. Daniels asked if the land use permit process has been completed so he can open on October 7th.  Mr. Henne said no but they are in discussion.   Mr. Wimberg said he is concerned that if you stop serving food at 10:00 p.m. But you are still serving alcohol for another hour and one half or so and there is live entertainment then it would be a night club not a restaurant.  Mr. Henne said it is important to serve food late because there are some people that like to eat late, he said if the ski season is good he may even serve food until 11:00 p.m.  He said he proposes no alcohol after midnight and said he doesn’t want to have to stop serving alcohol in the eighth inning of the World Series because of a cut off time.   Mr. Arrison said Mr. Henne’s email contains information not in the application and wondered if the application should be revised.  Mr. Melen said all the information needed is on the application.   Mr. Boyer amended his motion to add the hours of the ending the sale of intoxicating beverages will be at 11:30 p.m. seven days a week, Mr. Cobb seconded the motion.  The amendment to the motion passed unanimously. The motion to grant the application to Little Darling, LLC passed unanimously.  Mr. Arrison adjourned the Board of Liquor Commission. 8.  Request Entertainment Permit:     Mr. Boyer made the motion to grant Little Darling, LLC dba Casa Del Sol an entertainment permit, Mr. Cobb seconded the motion.       Mr. Wimberg said he is concerned with entertainment and noted the building is not as structurally sound proof as it was eight or ten years ago.  Mr. Arrison noted that at any regular meeting the entertainment permit could be revoked.  Mr. Arrison said parking has been an issue in the past with neighboring property owners.  Mr. Wimberg asked if the Town was prepared to monitor sound, Mr. Arrison said yes.       Mrs. Bearse said if the capacity exceeds the Road House or Giovanni’s they would exceed their certificate of occupancy and they would need to come back to the Zoning Board.  Mr. Cobb asked how this would be determined.  Mrs. Bearse said she would have to rely on feed back from abutting landowners.       Mr. Merrill said he is concerned with the field being used for a parking lot.  Mr. Henne said it is not a night club environment – it will be a good meal, a couple cocktails and laid back music.       Mrs. Stillson asked if there would be security in the parking lot to prevent people from going on neighbor’s property.  Mr. Henne said he does not foresee that type of operation.  Mr. Boyer said they could only consume alcohol inside per the permit.  Mr. Merrill confirmed that no drinking was allowed in the parking area without being in violation of the liquor license.  Mr. Boyer said that is true, even if the people bring it there – the restaurant is responsible for the parking lot and they could loose their license.       Mr. Boyer amended the motion to include that during the nights with live entertainment there would be outside security in the parking lot monitored by an employee from one hour before closing until one half hour after closing, Mr. Cobb seconded the amendment.  Mrs. Bearse asked what the entertainment permit consisted of.  Mr. Melen said it controls the music be it a DJ or band. The amendment passed unanimously.       Mr. Boyer amended his motion to include the condition that all live entertainment would end at 12:00 p.m. midnight nightly; Mr. Cobb seconded the amendment.  The amendment passed unanimously.     The motion to grant the entertainment permit carried unanimously. 4. Highway     A.  Air-Compressor Purchase: Mr. Cobb asked what budget line this would come from, Mr. Melen said the equipment budget.  There was discussion on a rotary compressor vs. a piston compressor.  Mrs. Daniels made the motion to get bids for a rotary compressor; Mr. Fisher seconded the motion.  Motion carried 3 – 2. B. Butterfield Hill Road, Engineering Agreement: tabled C. Murray Flats Bridge: Mr. Melen said after the last meeting Mr. Hazeltine has made arrangements with Jarvis & Sons Construction and they have already removed the damaged deck and beams and made some necessary adjustments to the abutments.  Mr. Melen said the estimated cost is $52,948.  Ms. Sargent asked why Jarvis & Sons Construction was doing the work when it went out to bid and they did not bid on the project.  Mr. Melen said the Board directed to have Jarvis & Sons Construction do the work and the bids were outdated.  Mr. Cobb asked about the concept of a grant.  Mr. Melen said he is still working on the grant.   D.  High Risk Rural Roads Program, 2008 Road Safety Audit Review, VT Agency of Transportation: Mr. Melen said we received the road safety audit review.  Mr. Cobb made the motion to pursue the high-risk rural roads funding.  Mr. Boyer seconded the motion, which passed without dissent.   E. Award Bid for Fiscal Year 2009 Highway Maintenance Truck: Mr. Melen said two bids were received and no discrepancies were found.  He said he and Mr. Hazeltine recommend purchasing the International.  Mr. Boyer made the motion to award the bid to Liberty International of NH for a 2009 Highway Maintenance Truck for $84,563; Mrs. Daniels seconded the motion.  Mr. Cobb questioned the difference between the International and the Mack.  Mr. Hazeltine said he doesn’t see any performance difference.  Motion carried unanimously.   The Board directed the Town Manager to put an ad out to sell the 1988 Mack.   Moved ahead to #9b 9.  Old Business     B.  Replacement of Law Enforcement Patrol Vehicle: Chief Brown said since he was told an Expedition is out he recommends going with an Impala.  He said he has looked into a hybrid but feels they need another year or two on the market.  He said acceleration is not good.  He said the only draw back on the Impala is the dirt roads in the winter and he proposes the part time officer’s drive this (to do traffic patrol) and he will keep the Expedition to respond to calls.  Mr. Arrison asked if he would recommend getting rid of the F150 and he said he would like to talk with Mr. Melen about that, he would like to keep it.       Mr. Boyer made the motion to authorize the town manager to proceed with the purchase of an Impala 2009 police package.  Mrs. Daniels seconded the motion, which passed without dissent. 5.  Petition to Reclassify “Old” Weathersfield Center Road – Harold and Aniela Cyr: There was discussion on reclassifying “old” Weathersfield Center Road to a class IV road.  The ancient road committee and surveyor disagree where the road goes.  The consensus of the Board was to proceed with the reclassifying of “old” Weathersfield Center Road and hold a Public Hearing on Saturday November 1, 2008 at 9:00 a.m.   6.  Monthly Reports: No monthly reports received.  Mr. Melen said all budgets are close to target (16%).   10.  Sale of Excess Town Realty, Muse and Associates Real Estate: Mr. Cobb made the motion to retain Muse and Associates Real Estate for the sale of property on Quarry Road.  Mr. Boyer seconded the motion, which passed without dissent. 9.  Old Business     A.  Fiscal Year 2009 Expenditures: Mr. Melen said bids were due yesterday for the energy audit and no bids were received.  The Board asked him to send out invitations to bid and use the proper quantities.       Implementation of Four (4) Day Work Week: Mr. Cobb asked why close on Friday and not another day of the week.  Mr. Melen said only he and his secretary currently work on Friday’s so that is what makes sense.  Mr. Cobb said he feels people do business on Monday and Fridays and the Town Office should be open.  Mr. Melen said you can not make elected Officials work on Friday’s.       Mrs. Daniels made the motion to have the Town Office work a four day work week effective October 6, 2008 the office will be closed on Friday’s, Mr. Fisher seconded the motion.  Motion carried 4 – 1.   11. Ordinances, Policies, Procedures     A.  Child Safety Ordinance/First Reading: Mr. Boyer made the motion to move the Child Safety Ordinance to the second reading.  Mr. Cobb seconded the motion, which passed unanimously. 12. Appointments: None 13.  Sign Treasurer’s Warrants: Mr. Cobb made the motion to approve the Treasurer Warrants as follows:     General Fund Payroll                    $18,155.68     General Fund Operating Expense                $37,298.76     Highway Fund Payroll                    $11,872.42     Highway Fund Operating Expense                $10,081.64     Solid Waste Management Fund Payroll            $  3,291.09         Solid Waste Management Fund Operating Expense    $  1,567.34     Reserves                            $  7,435.00     Library                            $   341.71 Mr. Fisher seconded the motion, which passed unanimously. Mr. Cobb made the motion to go into executive session for litigation.  Mr. Boyer seconded the motion, which passed without dissent.       Mr. Boyer moved to accept a settlement offer of $20,000 in the matter of the Murray Flats Bridge.  Mr. Fisher seconded the motion, which passed without dissent.       Mr. Boyer moved that the acceptance be conditioned upon receipt of the payment from the insurer within thirty days of the notification.  Mr. Fisher seconded the motion, which passed without dissent.       Mr. Cobb moved to request the Town Treasurer obtain no more than $33,000 in emergency funding for repairs to Murray Flats Bridge.  Mrs. Daniels seconded the motion, which passed without the dissent.   14.  Next Meeting’s Agenda Items: Elementary School reuse, VIBRS, library septic system & water easements, Piper Road at Gulf Road drainage remedies, noise ordinance, town highway standards policy, status of state lot on High Meadow Road, Thrasher Road utility lines, Fire Department agreement. 15.  Adjourn: Mr. Cobb moved to adjourn.  Mr. Fisher seconded the motion, which passed without dissent.  The Select Board meeting was adjourned at 10:14 p.m.                                        Respectfully Submitted,                         Lisa Sargent Approved by the Weathersfield Select Board on October 9, 2008                         ______________________                         Patricia Daniels                         _______________________                         Daniel Boyer                         _______________________                         Norman John Arrison                                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 at Town Garage & Martin Memorial Hall