Select Board

Regular Meeting – Martin Memorial Hall

Minutes

October 7, 2004

Present:                     C. Peter Cole, Chairperson

                                    Daniel Boyer

                                    Norman John Arrison, Board Clerk  

                                    Henry C. Cobb                                  

                                    Patricia Daniels

Others Present:            Larry Melen, Town Manager

                                    Lisa Sargent, Recording Secretary

                                    Betty Adams

                                    Westley Hazeltine, Road Foreman

                                    Polly Bergeron

                                    Frank Brunot

                                    Julia Lloyd Wright

            Chairperson Cole called the meeting to order at 7:00 p.m. on Thursday, October 7, 2004 at the Martin Memorial Hall. 

Comments from Citizens:

Betty Adams gave an update that the Recreation committee is in the process of building the picnic shelter at Hosington Field.  There is a workday scheduled for October 23rd and they are looking for volunteers.  Weathersfield is Togethersfield is working on putting out a list of people that are 55 and older.  They will use the list to inform people of potluck suppers and fire department suppers.  They will mail people information and also call them to see if they want to be included.  Mr. Cole asked if she had a count as to how many people were 55 and older, once Mr. Frank Brunot arrived at the meeting Mrs. Adams said there was 838 on the current list. 

Julia Lloyd Wright wanted to make the Town aware of the used car lots that are popping up along Route 5 and Route 131.  Mr. Melen said if the vehicles are registered there is nothing the Town can do.  If there are 4 or more parked for 90 days that may constitute a junk yard and the Town can act on it.  Mr. Cole asked if selling was ok.  Mr. Melen said Lynn handles the selling as part of zoning. 

Mr. Arrison wanted to inform the public there is an Evelyn Antonivich Candidate Forum at the Weathersfield Meeting house on Monday October 11th at 7:00 p.m.  Local house and senate candidates have been invited to participate. 

Mrs. Daniels asked the status of the easement for parking at the Library.  Mr. Melen said it was never recorded by the property owner.  Mrs. Daniels asked if it is in the process of being recorded.  Mr. Melen replied the Attorney representing the developer has been notified there is a flaw.  No requirement in VT law to record but it is still legal.  During a meeting with the owner, he learned the owner wasn’t informed by either attorney and they were unaware of easement before purchasing.  Mr. Arrison asked to add this to the agenda on the 21st.  Mr. Melen reminded the Board they have no jurisdiction at the end but he’ll keep them informed. 

Mr. Cobb said the Town has established a committee to look at a Veterans Memorial.  The committee has met and they are preparing a questionnaire for a bulk mailing to residents asking fundamental questions.  He is asking the public to return the form when they vote or when you pay taxes.  The committee is interested in knowing what the town would like for a Memorial and encouraged the SAPA audience to return the questionnaire. 

• Review Minutes from Previous Meeting (s):

September 2, 2004 Mrs. Daniels made the motion to accept the minutes as submitted, Mr. Arrison seconded the motion.  Mr. Cobb would like Commissioners changed to Commission.  Mrs. Daniels also noted a typo with the word council, should be counsel.  Motion carried 3 – 2, Mr. Cobb and Mr. Boyer abstained.

September 17, 2004 Mr. Arrison made the motion to accept the minutes as submitted, Mr. Cobb seconded the motion.  Mr. Melen said the date was the 16th, not 17th.  Mr. Arrison changed the motion to reflect the date change.  Mrs. Danielsmentioned a few typos that need to be corrected.  Motion carried 3 – 2, Mr. Boyer and Mrs. Daniels abstained. 

September 27, 2004 Mr. Boyer made the motion to accept the minutes as submitted, Mr. Arrison seconded the motion.  Mr.Melen said the word lock should be locked and also he said one request for bid materials had been received, a bid had not been received.  Motion carried 3 – 2, Mr. Cobb and Mrs. Daniels abstained.

• Additions to Agenda:

Mr. Cole asked for this to be deleted from the agenda, Mr. Melen said that the change has been requested. 

• Capital Equipment Note:

Mr. Melen said Mr. Heir could not attend but the last payment for the Bobcat at the transfer station was $8659 and he would like to roll over the last payment until next year.  Mr. Boyer made the motion to sign the note and re-fund the roll over note for $8659 on the Bobcat until next year.  Mr. Cobb seconded the motion, which passed without dissent. 

• Monthly Status Reports:

There were no questions or comments on the reports that were submitted. 

Fire Commission:  Mr. Boyer gave a report on the Fire Commission, which held it’s monthly meeting last night.  The West Weathersfield brake lines on engine 2 needed repairs, this is the truck that they are looking to replace. 

Ascutney Volunteer Fire Department had a Homeland Security audit on the equipment they purchased and found all was ok. 

The Sales Rep for Engine 2 had heard rumors the Fire Department and Town was unhappy so he said he would get back to them with some answers, as to date they have not heard back from him.  Wells, Maine Fire department has had the sameproblems with their truck and actually ran offthe road.  They want AVFD to go into a class action suit with them and other departments that have had the same problem.  Mr. Arrison reminded Mr. Boyer the Town owns the truck not the department.  Mr. Melen said the department could do as an end user or the Town could do as the owner.  Mr. Melen said that before the Town entered into a class action suit he would consult counsel.  Mr. Boyer said the Maine department is having the same issues, it ran off the road because of the brakes. 

Mr. Boyer said the Fire Commission had a long discussion regarding snow removal and wanted to discuss how the bid proposals are done with the Town Manager.  Mr. Cole asked if this referred to the dry hydrants, Mr. Boyer said yes. 

Mr. Boyer said someone brought up the idea to put a sign on the street sign near dry hydrants so the mutual aid trucks can find the dry hydrants.  May be able to have the prisoners make up an H or DH to put underneath the street name on the same post.  Mr. Cole asked if there was a standardized sign, Mr. Boyer said he did not think so.  Mr. Melen suggested the Fire Commission confer w/ Mr. Hazeltine. 

Mr. Boyer said they would like to appeal to people to put up their 911 roadside address numbers for Ambulances to be able to find them.  He said the numbers could be purchased from each department for about $10.  You mount them yourselves; they are green reflective numbers.  He would like the townspeople to volunteer to put them up before the Town has to make it an ordinance.  Mr. Melen said the Town of Woodstock has an ordinance as well as other towns already. 

Mr. Boyer said they talked about members getting their CDL’s and he’ll talk more about that later when we reach that item on the agenda.

Mr. Boyer said they talked with Mr. Neil Daniels about dry hydrants and Mr. Daniels said there is a book on dry hydrants and they should refer to that book.  Mr. Boyer said they would like to install the one on Skyline Drive in the spring.  There was discussion among Board members on the information the book contained, it was suggested the Fire Commission contact Rural Fire Fighting for their input to avoid problems that have occurred in the past. 

Mr. Boyer said the rapid response list should be looked at and asked if he could have a copy.  Mr. Melen said each Chief has a list, they were done through Rapid Response Committee.  The lists can be updated anytime; the Select Board needs to have the final approval. 

Mr. Boyer said Mr. Dick Ballantine has not been getting copies of the Select Board minutes, Mr. Melen said he is getting a copy mailed to him, doesn’t know why he hasn’t received them. 

Highway Report:  Mr. Cobb had a question for Mr. Hazeltine regarding his report and it was if the Butterfield Hill and Reservoir Road culvert has been replaced, Mr. Hazeltine said not yet. 

• Fire Commission:
• Dry Hydrant Program – See information in #6 above.
• Insurance – Property and Contents of Residential Structure.  Mr. Melen said this has been resolved through private means, no discussion necessary. 
• Ordinance Regulating the Disposal of Solid Waste.  Mr. Boyer said the Fire Commission decision still stands.  Mr. Melen said this issue should be permanently tabled. There was a lot of discussion on this, Mr. Boyer said the reason the Fire Commission has a problem with this is because Mr. Sands has a problem with it.  It was discussed that the Fire Wardens do not control burning of solid waste the Town does, the Fire Wardens control burning of clean wood. Mr. Cobb recommended before tabling this item Mr. Sands should try and talk with the lawyers and reconcile the differences.  If this can’t happen the Select Board and Fire Commission should have a meeting to be sure they are on the same page.  Mr. Arrison mentioned one person that is being left out is the Water Resources Department and Tim McNamara and he thinks they should be included in the discussions.  Mr. Cole said do not toss this out until an effort is made to get some communication going between Mr. Sands and the League’s Attorneys.  Mr. Melen will make a request to the League. 
• Operation of Town-owned Equipment.  Mr.Boyer said the Fire Commission talked about this last night and they wanted to remind the Select Board all Volunteer Fire Departments are exempt from this and also there is a huge financial burden.  They estimate it would be $12,000 to initiate the CDL policies.  The cost per person to take the class and set up for the test is approximately $2,500.  He said he was told about 70% of the Volunteers have gone to a two day school for driving and operating the trucks.  The standard procedure is only the people that have taken this class can drive the trucks.  Mr. Melen mentioned this was put on by the State Fire Fighters Academy.  Mr. Boyer also mentioned the expense of CDL licenses and the random screenings that cost over $200 each.  Mr. Boyer said the Fire Commission feels they’ve done all they can except getting CDL’s already.  Mr. Cobb asked about prior accidents, Mr. Boyer said he isn’t aware of any.  Mr. Arrison said there was a rear end accident on Thrasher Road about 5 years ago.  Mr. Arrison asked to see written documentation of the requirements the departments have already to put this issue to rest.  Mr. Melen said if they have a certificate for the training a copy should be filed with the Town for all members of the Fire Department.

• Solid Waste Management:
• Budget.  Mr. Melen would like to turn this over to Mr. Brunot and thanked him for his time he put into this.  Mr. Brunot said because of a question brought to the Board by a citizen he contacted Northeast Resource Recovery and obtained information, which he passed onto the Town for their review.  He discussed the information he obtained.  Mr. Boyer said his information didn’t cover labor and he feels labor is a factor and should be figured into the expense.  There was discussion about purchasing containers for steel and possibly even purchasing a truck or modifying a current truck to haul it ourselves.  Mr. Hazeltine said Mr. Brunot is right on track, he believes we should purchase containers and should consider the purchase of a truck or modifying a current truck that can haul the containers and also haul sand, gravel etc.  He also said the Town should consider extending the hours and be open on Sundays.  He has talked to Norm about this and Norm is willing to be open on Sundays and take one other day of the week off so it won’t make a difference in salary.  Mr. Hazeltine also mentioned the need to build a building with running water and a bathroom for use by employees.  Mr. Arrison mentioned they should consider changing the rotation and it could possibly free up the 3rd person.  Most people present agreed to expand the hours open to the public would be a benefit.  Mr. Cobb reminded the Board they agreed to re-visit the fees in November, it needs to be on the November agenda.  Mr. Cole said that there should be a committee formed to look at all aspects.  He proposed a 3-person committee made up of Mr. Arrison, Mr. Brunot and Mr. Hazeltine.  He would like to appoint these three and ask they come back in two weeks with the change of hours and on November 18th to look at the fee schedule.  Then ongoing look at all issues and improvements. 
• Waiver of Solid Waste Assessment on “Land Only” parcels.  Mr. Melen said B & C are the same and asked for them to be tabled until the next meeting, as he is not ready to present. 
• Solid Waste Fee Assessment Policy.  See B above.
• Construction and Demolition Collection and Disposal.  Mr. Melen recommends holding off on the purchase of roll offs.  There was discussion on the amount of Town labor time it takes to prep C & D materials. 
• Southern Windsor/Windham Counties Solid Waste Management District.  Mr. Melen said this is on the agenda because of the notice we received.  Mr. Boyer said it’s the Priorities Committee going around looking at options.  Just telling us what they’re doing and they report back periodically. 

Mr. Cole asked for a short break. 

Mrs. Adams mentioned the Park and Rec have undertaken preparing and printing a trails book in Weathersfield.  It will be available at the Town office.  Mr. Cobb asked if it could go on the web site.  Mr. Melen said he is sure it can be scanned and put on the web. 

• Public Lands Highway Discretionary Grant:

Award Bid for Guardrail Installation Stoughton Pond Road Causeway

Mr. Melen said two bids were received one from DeLucca Fence Co for $126,711 using Box Beam and $102,622 using Steel Beam the other was from FR LaFayette for Box Beam it was $66,310 and for Steel Beam their bid was $41,870.  At this time based on funding status he feels there is no choice but to reject all bids.  Mr. Hazeltine said he called FR LaFayette and talked to Pam to ask why they did not bid used.  She said she was confused the way the bid was written.  They have all kinds of used rail and could have bid used if they understood they could have.  Mr. Melen said that if they were going to let them give a price on used they would have to send out new bids.  Mr. Arrison questioned if that was necessary due to experience he has had.  Mr. Melen said he thinks VTrans will say it’s inappropriate.  Mr. Arrison suggested that instead of throwing out the bids that Mr. Melen makes calls to see if we can accept low bid and let them make an exception to use used.  Ask if the two bidders can re-bid and clarify confusing used information; give them 2 - 3 days.  Mr. Melen read the section of the bid material regarding bidding used material and it seems clear in the material that the bidder could have bid used.  

            Mr. Boyer made the motion to table the bid to put back through for exigent circumstances.  Mrs. Daniels seconded the motion.  Mr. Cobb said can’t table much longer.  Mr. Melen said we should have an emergency meeting to discuss one way or the other.  Motion carried. 

• Listers Errors and Omissions:

            Mr. Melen said there are three more to do.  We’ll see this the first meeting of each month from now to January.  Mr. Cobb made the motion to approve the errors and omissions to the grand list as presented by the Board of Listers dated October 7, 2004.  Mr. Boyer seconded the motion, which passed without dissent. 

• Old Business: None to be discussed.

12.  New Business:

• Country Estates Water Company Disconnection Order

            Mr. Melen said he was out of town and had several voice mail messages regarding the notice received about there being a leak in the water line which included providing water to the Town Office. Mr. Hazeltine said he tried to help find the leak with Steve Smith and his man Wednesday evening and they met again Thursday morning.  They made phone calls to Sue Martin from the Water Quality Division, Department of Water Conservation and discussed what they had to do to find the leak.  Sue Martin said one of the eight people the leak was affecting had to fix the leak.  She said to shut off the water completely, not to turn it off and on to avoid contamination.  The leak was finally found at the Watson Residence.  The leak was repaired using the Town equipment as well as some Town labor along with Steve Smith and the Wragg people and backhoe.  Mr. Melen wanted the Select Board to be aware the Town crew was working on this because he felt it could become a public health issue.  Mr. Melen asked whose responsibility it is to repair a water main serving several buildings.  Mr. Melen said he feels the system operator due to the size of line and number of people serviced.  There were eight buildings and four of them are public buildings.  Mr. Arrison said he worried about the future, they had a problem by the Post Office a few years ago.  Mr. Melen said the fact that there is only one shut off for four locations worries him.  There should be a curb stop at each residence.  Mr. Hazeltine said Sue Martin, from the State, said this needs to be addressed.  Mr. Melen stated the reason this was on the agenda is to confirm why the Town did the work, Mr. Cole said that wasn’t an issue.  Mr. Melen is going to talk to Sue Martin to discuss this situation with her and try and define whose line it is and if there are enough shut offs. 

13. Appointments:  None to be discussed.

14. Sign Treasurer’s Warrants:

            Mr. Cobb made the motion to approve the warrant articles as follows:

                        General Fund Payroll                                               $18,257.74

                        General Fund Operating Expenses                                $22,988.69

                        Highway Fund Payroll                                               $18,441.97

                        Highway Fund Operating Expenses                    $29,575.49

                        Solid Waste Management Fund Payroll             $  2,343.88

                        Solid Waste Management Operating Expenses            $  3,725.48

            Mr. Boyer seconded the motion. 

            Mr. Arrison asked what is the VIBERS Secretary, Mr. Melen said the Criminal Info Center.  Mr. Boyer noted the purchase of land record binders.  Mr. Boyer asked if the contract with Golden Cross was signed, Mr. Melen said yes.  Mr. Boyer asked about the payment to LaValleys, Mr. Melen and Mrs. Adams said it was for the Parks & Rec picnic shelter.  Motion carried unanimously. 

• Next Meeting Agenda Items:

            Mr. Melen hasSolid Waste Assessment and Policy, Transfer Station hours, Library, items carried forward from tonight.  Mr. Arrison asked to add disposal of surplus equipment. Mrs. Daniels asked for an update on the Stevens complaint on drainage and also the status of bridges.  Mr. Cobb asked to discuss Mr. Rabtoys issue and refresh what we’re doing regarding disposal of batteries and fluorescent bulbs and the fence status on Tenny Hill that is still open.  Mr. Melen said the next meeting is not at the Bow Church, it is at Martin Memorial Hall. 

            At 9:50 p.m. Mr. Boyer made the motion the Select Board go into executive session to discuss litigation where prior knowledge would be detrimental to the Town and Personnel, Mr. Cobb seconded the motion which passed without dissent.

            The board came out of executive session at 10:17 p.m.  Mr. Boyer moved to adjourn, Mr. Arrison seconded the motion, which passed without dissent. 

            The Select Board meeting was adjourned at 10:18 p.m. on Thursday, October 7, 2004.

                                                            Respectfully submitted,

                                                            Lisa A. Sargent

Approved by the Weathersfield Select Board on October 21, 2004

                                                                        _________________________

                                                            C. Peter Cole, Chairperson

                                                                        __________________________

                                                                        Norman John Arrison, Board Clerk

                                                                        ___________________________

                                                                        Henry C. Cobb

                                                                        ___________________________

                                                                        Patricia Daniels