Select Board 6-4-09

Weathersfield Select Board Minutes June 4, 2009 Present:        Daniel Boyer Norman John Arrison Glenn Fisher Henry C. Cobb Dave Fuller Others Present:    Larry Melen, Town Manager Lisa Sargent, Recording Secretary Julia Lloyd Wright, Eagle Times Edith Stillson Jeff Slade, Milton Cat Caroline Taylor Eleanor Pierce Robert Pierce        Del Chase Sandy Chase Haywood Farnsworth Emery Morse Joanne Morse Kathy Amison Leonard Lebrun Jeff Spurr Wes Hazeltine, Road Superintendent deForest Bearse Jacqueline Lindamood Linda Spurr 1.  Call to Order by Chairperson:  Mr. Arrison called the Weathersfield Select Board meeting to order at 7:00 p.m. 2.  Pubic Hearing: Petition to create Ascutney Fire District No. 2.  Mr. Arrison called the Public Hearing to order and read the Resolution establishing a Fire District.  He said this does not include any residents that were not previously included however; it excludes some (Tenney Hill area). When asked what the next step in the process is Mr. Melen said the Board will have to warn a District meeting and the Select Board Chair will conduct the organizational meeting to elect officers for the Fire District.  Mr. Cobb made the motion to adopt the Resolution to create Ascutney Fire District No. 2, Mr. Boyer seconded the motion.  Mrs. Chase thanked the Board for removing the Tenney Hill area as they do not have access (or a need) for the water at this time.  Mr. Melen said the Select Board could change the territory with the submission of a petition of the freeholders at a special meeting.  Motion carried unanimously.  3.  Comments from Citizens: Mr. Melen said he wanted to address the legal expense fee discussion that took place at the last meeting.  He said nothing is sent to the Attorney until it is reviewed with him.  He said it is sent for legal opinion when someone challenges a Boards decision.  Lastly he said appeals are high and are brought by the applicant or interested party.  Mr. Fisher said then it must be a budgetary issue.  Mr. Melen said it is not predictable but it is a cost of doing business and if there are bylaws we are required to enforce them.  Mr. Melen said we are within budget for legal expense at this time.  Mrs. Bearse said that usually a settlement is reached in mediation.  4.  Review Minutes from Previous Meeting(s): Mr. Cobb made the motion to approve the minutes dated May 21, 2009, Mr. Fisher seconded the motion.  Corrections were noted.  Mr. Arrison asked if any progress has been made on selling the two highway trucks.  Mr. Hazeltine said a Town is interested in both of them.  Motion carried 4 – 0 with one abstention.  5.  Weathersfield Fire Commission Dry Hydrant at 888 Skyline Drive: Mr. Boyer said he understands this problem is due to the height of the lawn.  Mr. Hazeltine said this is the first year he has been asked to plow it and it is not plow able with a town truck as is.  After discussion it was decided that the highway crew will try and keep the area accessible during the winter and free from as much snow as possible.  Fire Departments Memorandum of Agreement: Mr. Boyer made the motion to authorize the Town Manager to sign the agreement that West Weathersfield Fire Department has signed and agreed to, Mr. Cobb seconded the motion.  Mr. Cobb said that Ray is concerned with the repair of the dry hydrants.  After discussion it was said that the Town would do as they have in the past and an amendment could be made to the agreement in the future.  Motion carried unanimously. Mr. Fuller asked the status of the agreement between the Town and Ascutney Fire Association.  Mr. Boyer said they want the Fire Commission to look at the agreement at the next meeting before sending it back to the Town.  Mr. Fuller said he does not want more than on version of the agreement out there.  Mr. Melen said different provisions would be a concern.  Mr. Boyer made the motion to release the funds that were approved at the last meeting to the Fire Departments.  Mr. Fuller seconded the motion which passed without dissent.  6.  Request to Discuss Zoning Permit, Jeff W. Spurr:  Mr. Melen said Mr. Spurr’s property is south of Country Creamy.  He is asking the Select Board to intervene in his permit for storage units.  Mr. Spurr told the Board that he has been working for two years to get a permit to put storage buildings up and he has been denied.  He feels he is being denied the right to make a living on his own land.  He referred to the Zoning bylaws and noted he has abided by all requirements only to have the Administrator and Board deny his permit and he would like to know why the permit has been denied.  He also stated that he has a problem with the fee; if the permit isn’t issued he shouldn’t have to pay the fee.  Mr. Arrison said he would like to clarify that it is the five member Zoning Board that denies/approves permits not the Administrator.  He said the Select Board just received the notice of decision tonight so they have not had time to review the reason(s).  Mrs. Bearse said she has told Mr. Spurr and his wife the best chance to get the permit is to petition to have the Zoning bylaws changed.  She said the area is zoned for light industrial not industrial.  Mr. Cobb said the paperwork received tonight states that the decision has already been to the Vermont Environmental Court and appealed by Mr. Spurr.  He asked how the Select Board plays into this, Mr. Melen said they don’t it goes to the state Environmental Board which it already has.  After lengthy discussion Mr. Melen offered to work with the Spurr’s to help them follow the procedure necessary to have the bylaws changed.  Mr. Melen noted the fees paid are for the permit process which costs the Town money, not the permit itself.  He did say that the Spurr’s could come to the Select Board to abate all or a portion of the fees if they wish to do that.  7.  Warrant for Unlicensed Dogs:  Mr. Melen said the warrant is using the same standard language.  Mr. Cobb made the motion to approve and sign the Warrant for unlicensed dogs.  Mr. Boyer seconded the motion which carried unanimously. 8.  Application for Large Gathering Permit:  Mr. Boyer made the motion to grant the Ascutney Union Church the Large Gathering Permit and to waive all fees.  Mr. Fisher seconded the motion which passed 4 – 0 with one abstention.  9.  Capital Purchases Schoolhouse and Jenness Roads Paving: Mr. Melen said three bids have been received.  FW Whitcomb, Springfield Paving and Lane Construction bid.  Mr. Melen said Mr. Hazeltine recommends awarding the bid to Springfield Paving.  Mr. Arrison asked if the bids exceeded the budget, Mr. Melen said yes by $1900.  Mr. Fuller made the motion to accept the bid from Springfield Paving for both paving projects, Mr. Boyer seconded the motion which passed unanimously.  Mr. Melen said there is another bid for the area of Wellwood Orchard Road, Mr. Hazeltine said he thinks this section will take about fourteen ton but may change depending on the grant.  Mr. Cobb made the motion to award Springfield Paving this section of paving as well, Mr. Boyer seconded the motion.  Mr. Arrison asked if we could negotiate the repair of the big dip on Weathersfield Center Road, Mr. Hazeltine said yes.  Motion carried unanimously.  Four Wheel Drive Loader Backhoe: Mr. Melen said there were two bidders – Nortrax Equipment and Milton Cat.  Mr. Melen said Mr. Hazeltine recommends accepting the bid from Milton Cat.  Mr. Boyer made the motion to award the Four Wheel Loader Backhoe bid to Milton Cat for $89,900, Mr. Fisher seconded the motion.  Mr. Arrison asked if this was all inclusive, Mr. Melen said no there are options.  Mr. Cobb asked what the article was approved for, Mr. Melen said $100,000.  Motion carried unanimously. Mr. Melen said one option is for a factory installed thumb.  Jeff Slade from Milton Cat explained the use of the thumb. Mr. Boyer made the motion to purchase the Craig Bucket/Thumb combination to include a 48” and a 60” bucket from Milton Cat for $6,400.  Mr. Cobb seconded the motion which passed unanimously.  Mr. Melen said the other option was for a broom with a twenty five gallon watering tank.  He noted this would exceed our allotted money but there are funds in the reserve fund to cover this.  After discussion this option died without a motion.  Sign Note for Dump Truck Purchase: Mr. Melen said this is a note with Chittenden Bank as they offer the best rate.  He said this was authorized by the voters for three years.  Mr. Boyer made the motion to sign the note with Chittenden Bank.  Mr. Fisher seconded the motion which passed without dissent.  10.  Old Business A.  Policies/Ordinances/Procedure Policy on Highway and Bridge Standards: Mr. Melen said changes have been made in the wording.  Mr. Cobb made the motion to table until June 18, 2009.  Mr. Boyer seconded the motion which passed without dissent. Identity Theft Prevention Policy: Mr. Fuller made the motion to move the Identity Theft Prevention Policy to the third reading.  Mr. Boyer seconded the motion which passed without dissent.  Highway Access Ordinance: Mr. Melen said some revisions have been made.  Mr. Fuller asked if there was an ordinance now, Mr. Melen said no.  After discussion on the language Mr. Fuller made the motion to table until June 18, 2009.  Mr. Boyer seconded the motion which passed without dissent. Review Draft Standards & Procedures to Engage Technical Review: Mr. Cobb made the motion to table until June 18, 2009.  Mr. Boyer seconded the motion which passed without dissent.  B.  High Risk Rural Roads Program, VT AOT: Mr. Boyer made the motion to sign the grant agreement for $17,988.95.  Mr. Fisher seconded the motion which passed unanimously.  C.  Town’s Winter Energy Consumption: After reviewong the information provided on oil consumption it was decided to continue with the four day per week schedule.  It was said that the electricity usage may go up with all of the air conditioners running.  11.  New Business A. Bidding Process: Mr. Arrison said the goal is to establish a procedure so the bid doc’s are prepared shortly after Town meeting even if it isn’t sent to vendors to bid on until a later date. Mr. Arrison said that he feels the repair to the roof of Martin Memorial Hall should have gone out to bid.  Mr. Melen said he was working under the Trustee’s orders.  B.  Summer Select Board Meeting Schedule: Mr. Melen said the first meeting of each month would “be on the road” with the first one in July being held at the Weathersfield Center Meeting House. C.  Agreement for Auditing Services, Mudgett Jennett & Krough-Wisner, P.C. Mr. Cobb made the motion to authorize the Town Manager to sign the agreement with Mudgett Jennett & Krough-Wisner for five years.  Mr. Boyer seconded the motion which passed unanimously. D.  Fiscal Year 2009 Property Taxes: Mr. Melen said we have closed the books for the year and also noted that there is $244,000 in delinquent taxes.  He said letters have gone out for tax sales and he urged people to meet with him for payment arrangements if they are delinquent. E.  Request to Reverse Delinquent Tax Penalty, George and Shirley Ritchie: Mr. Melen recommended tabling this discussion until the next meeting and hopefully the Ritchie’s will be present. F.  Town Manager Search:  Mr. Arrison said he gave the Board members information he has received from VLCT regarding them helping in the search.  He said their charge is $6,000.  Mr. Arrison said we need to establish a search committee to start the process.  There was discussion on who should be part of the search committee.  It was mentioned that perhaps it should include a Select Board member, an employee, an elected official, and a citizen or two.  Mr. Arrison said Mrs. Pat Daniels has offered to be a committee member.  Mr. Cobb made the motion to name the committee members at the meeting on June 18, 2009.  Mr. Fisher 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                    $16,396.34 General Fund Operating Expense                $30,547.41 Highway Fund Payroll                    $13,963.87 Highway Fund Operating Expense                $  5,909.45 Solid Waste Management Fund Payroll            $  2,432.47 Solid Waste Management Fund Operating Expense    $  1,081.90 Agency Monies                        $  3,751.00 Library                            $       10.10 Reserves                            $  1,032.50 Mr. Boyer seconded the motion which passed unanimously. 14.  Next Meeting’s Agenda Items: policies, Fire District Resolution, draft Warning, Town Manager search. 15.  Adjourn:  Mr. Cobb made the motion to adjourn.  Mr. Fuller seconded the motion which passed without dissent.  The Weathersfield Select Board meeting was adjourned at 10:10 p.m. Respectfully Submitted, Lisa Sargent Approved by the Weathersfield Select board June 18, 2009 ______________________ Norman John Arrison ______________________ Dave Fuller _____________________ Henry C. Cobb _____________________ Dave Fuller

Last Updated on Monday, 04 January 2010 16:50