Minutes

March 17, 2005

Present:                       C. Peter Cole

                                    Daniel Boyer

                                    Henry C. Cobb          

                                    Norman John Arrison

                                    Patricia Daniels

Others Present:            Larry Melen, Town Manager

                                    Lisa Sargent, Recording Secretary

                                    Bruce Johnson, SAPA

                                    Roland Whitney

                                    Nathalie Whitney

                                    Edith Stillson

                                    Randy Brown

                                    Mario Bevaqua

                                    Steven Hier

                                    Jill Jason, J. Otis Corp

Mr. Cole called the meeting of the Weathersfield Select Board to order at 7:06 p.m. on Thursday March 17, 2005.

Mr. Melen requested an executive session at the end of this meeting to discuss Personnel.

Review of Previous Minute(s): Mr. Arrison made the motion to accept the minutes dated January 24, 2005, Mr. Boyer seconded the motion.  Mrs. Daniels, Mr. Melen and Mr. Cobb noted corrections.  Motion carried 4 – 0, Mr. Cole abstained.

            Mrs. Daniels made the motion to accept the minutes dated January 27, 2005, Mr. Cobb seconded the motion.  Mrs. Cobb noted a correction.  Motion carried 4 – 0, Mr. Cole abstained.

            Mr. Cobb made the motion to accept the minutes dated February 3, 2005, Mrs. Daniels seconded the motion.  Motion carried 4 – 0, Mr. Boyer abstained.

            Mrs. Daniels made the motion to accept the minutes dated February 17, 2005, Mr. Arrison seconded the motion.  Mrs. Daniels noted corrections.  Motion carried 4 – 0, Mr. Cole abstained.

            Mr. Boyer made the motion to approve the minutes dated March 3, 2005.  Mr. Arrison seconded the motion, which passed without dissent.

Reorganization: 

            A.  Newspaper of Record: Mr. Melen has received information from The Message and The Windsor Observer.  The Message has the highest circulation in Town.  Mr. Arrison asked about pricing, Mr. Melen said The Message was more expensive but not by much.  Mr. Arrison made the motion to continue with The Message as the newspaper of record for the Town of Weathersfield, Mrs. Daniels seconded the motion.  Mr. Boyer mentioned several Towns, except us, have their name on the top of the page that covers their Town.  Mr. Arrison said may be they could put Weathersfield in the index.  Mr. Melen will ask them about this.  Motion passed unanimously

            B.  Procedure for Conduct of Meeting: Mr. Melen noted there was one change from last year and that is for a majority of the Board to sign the minutes instead of just the Clerk of the Board.  Mr. Arrison made the motion to adopt the policy for conduct of meetings and hearings.  Mr. Boyer seconded the motion, which passed without dissent. 

            C.  Ethics Policy: Mr. Melen noted the last Code of Ethics was signed in 1992.  It doesn’t fully meet the current standards.  He has asked and received a few Code of Ethic policies from other communities.  He will go through the others and come up with a modernized one if the Board would like.  The consensus of the Board was to do so. 

• Monthly Reports: Mr. Melen said we are in very good shape, $234,000 ahead of the previous year in cash flow.  All the budgets are within their target. 

6.  Sign Refinancing Note:

            Ascutney Volunteer Fire Department Fire Apparatus: Mr. Steven Hier was present and explained there is $62,000 left to pay on the fire truck.  One payment of $31,000 is due and we need to renew the note for another year for the balance.  There is debt reduction money available to use to make a payment of $14,000 at this time.  His suggestion is to renew the note for $17,000 at the current interest rate of 2.7%.  Mr. Arrison made the motion to renew the note for the Ascutney Volunteer Fire Department fire truck for $17,000 at 2.7% interest.  Mr. Cobb seconded the motion, which passed without dissent. 

7.  Applications for Liquor and Tobacco Licenses: At 7:35 p.m. Mr. Cole convened as the Liquor Control Board.

            A.  Applications for Class I Liquor License: Mr. Melen explained a Class I license was for on site consumption. 

            1.  JDS Hospitality Corporation DBA The Inn at Weathersfield: Mr. Melen said this is a renewal application, there are no violations on file.  Mr. Cobb made the motion to approve the application for a Class I Liquor License for JDS Hospitality Corporation DBA as The Inn at Weathersfield.  Mr. Arrison seconded the motion, which passed without dissent. 

            2.  J. Otis Corporation DBA 1799 Ascutney House Restaurant: Mr. Melen said there are no violations on file.  Mr. Boyer made the motion to approve the application for a Class I Liquor License for J. Otis Corporation DBA 1799 Ascutney House Restaurant.  Mrs. Daniels seconded the motion, which passed without dissent. 

3.  Cherry Grove Inc. DBA Giovannia’s: Mr. Melen said there are no violations on file.  Mr. Boyer made the motion to approve the Class I Liquor License for Cherry Grove Inc DBA Giovannia’s.  Mrs. Daniels seconded the motion, which passed without dissent. 

B.  Applications for Class II Liquor License: Mr. Melen explained a Class II license is for off site consumption: 

1.  Petro stores, Inc. DBA Ascutney Gulf Mart: Mr. Melen noted there are no liquor violations on file.  Mr. Arrison made the motion to approve the Class II Liquor License for Petro Stores, Inc. DBA Ascutney Gulf Mart.  Mr. Cobb seconded the motion, which passed without dissent. 

2.  CoCo Mart, Inc. DBA Colonial Deli Mart: Mr. Melen noted there are no liquor violations on file.  Mr. Arrison made the motion to approve the Class II Liquor License for CoCo Mart, Inc. DBA Colonial Deli Mart.  Mr. Cobb seconded the motion, which passed without dissent. 

3.  DeFalco Corporation DBA Ascutney Neighbors Exit 8 Mobil: Mr. Melen noted there was one violation on 04/12/04, it was the first offence and they received a warning.  Mr. Arrison made the motion to approve the Class II Liquor License for DeFalco Corporation DBA Ascutney Neighbors Exit 8 Mobil.  Mr. Cobb seconded the motion, which passed without dissent. 

            4.  Ascutney Market LLC: Mr. Melen noted there are no liquor violations on file.  Mr. Arrison made the motion to approve the Class II Liquor License for Ascutney Market LLC.  Mr. Boyer seconded the motion, which passed without dissent. 

• Application for a Tobacco License:

1.  Petro Stores, Inc. DBA Ascutney Gulf Mart: Mr. Melen noted there are no violations on file.  Mr. Boyer made the motion to approve the Application for a Tobacco License to Petro Stores, Inc. DBA Ascutney Gulf Mart.  Mr. Cobb seconded the motion, which passed without dissent. 

2.  CoCo Mart, Inc. DBA Colonial Deli Mart: Mr. Melen said there was one violation in 2003.  Mr. Cobb made the motion to approve the Application for a Tobacco License to CoCo Mart Inc. DBA Colonial Deli Mart.  Mr. Arrison seconded the motion, which passed without dissent. 

3.  Rice Oil Company, Inc. DBA Ascutney Neighbors Exit 8 Mobil: Mr. Melen said there are no violations on file.  Mr. Boyer made the motion to approve the Application for a Tobacco License to Rice Oil Company, Inc. DBA Ascutney Neighbors Exit 8 Mobil.  Mr. Arrison seconded the motion, which passed without dissent. 

Mr. Melen noted there are two different corporations for Ascutney Neighbors Exit 8 Mobil.  It is DeFalco Corporation for alcohol and Rice Oil Company for tobacco.

4.  Michael Owen DBA Ascutney Market: Mr. Melen noted there is one violation on 7/20/04, it was their first offense and a warning was issued.  Mr. Boyer made the motion to approve the Application for Tobacco License to Michael Owen DBA Ascutney Market.  Mrs. Daniels seconded the motion, which passed without dissent. 

Mr. Melen noted there are two different names for Ascutney Market.  It is Ascutney Market LLC for alcohol and Michael Owen for tobacco.

At 7:55 p.m. Mr. Cole closed the hearing of the Liquor Board and reconvened as the Select Board. 

• Entertainment:

1.  Cherry Grove Inc., DBA Giovannia’s: Mr. Melen noted this is a renewal for dinner music and DJs. during regular business hours.  Mr. Cobb made the motion to approve the Entertainment License to Cherry Grove Inc DBA Giovannia’s.  Mr. Arrison seconded the motion, which passed without dissent.

8.  School Building Committee: Mr. Randy Brown gave an update on the School Building Committee.  He told of their purpose and what they have accomplished over the past several months. 

Mr. Cole asked what the next step is. Mr. Bevacqua said that a few people went to Montpelier today and came away with the feeling that the State supports consolidation over new construction, there have only been two new schools built in Vermont during the past seven years.   

Mr. Cole asked what State funding was available.  Mr. Brown said it is the same for new construction as consolidation, 50%. 

There was further discussion as to what the committee has accomplished and what precautions they are taking to be sure they take the proper steps and cover all options. 

Mr. Arrison said he asked for this meeting to make it clear to the Townspeople that the Town has not agreed to give any land to use to build a new school.  Mr. Brown said that is correct, the Route 5 Sand Pit and Tenney Hill Road pond areas were used as possibilities since they are approximately 30 acres of land. 

Mr. Arrison also noted that another part of the presentation for possible uses of the existing building(s) would be for Town Office etc.  Again, he wanted the Townspeople to know that the Town has not been approached about this and have not committed to anything at this time.

  Mr. Melen noted the addition of the Weathersfield Elementary School is on Trust land and can not be sold.  

• Old Business:

A.  Vermont Department of Taxes: Mr. Melen said the Listers recommend signing the Stipulation of Equalized Education Evaluation that is included in the packet.  Mr. Boyer made the motion to sign the Stipulation of Equalized Education Evaluation to the State of Vermont, Mr. Arrison seconded the motion.  Mr. Cobb asked when the last appraisal was done? Mr. Melen said in 1996, we are working on getting our next appraisal in 2007.  Motion carried 5 – 0. 

B.  Town Website: Mr. Melen noted the Web Master is not receiving the minutes, he said that we need to use a different method.  Lisa Sargent suggested mailing the disks.  Mrs. Daniels noted some e-mails were being sent to the Select Board via the link and they were not being received.  She suggested putting Select Board in the subject box.  Mr. Melen explained they go to the general mailbox and there was a problem but now his secretary prints all that reference Select Board out and puts them in the Boards packets. Mrs. Daniels said that we need to make a more conservative effort to update the minutes.

C.  Weathersfield Planning Commission: Mr. Melen noted they are making changes again, this is their draft report.  They want input from the Select Board before the hearings.  The Board needs to respond if there are any questions so we can get back to them.  Mr. Melen will put this on the next agenda to follow up.

10.  New Business: 

            A.  Vermont Agency of Transportation: Mr. Melen noted there was information included in the packet that asks they pave the Weathersfield Center Road from the Springfield Town Line to the Jct. of Route 131 any time this paving season.  He also asked they pave the Reservoir Road/Stoughton Pond Road from the Springfield Town Line north to its terminus at Route 106 between July and September 2005.

            B.  Southern Windsor/Windham Counties Solid Waste Management District: Mr. Melen noted our assessment for Fiscal Year 2006 is $2091.00.  Funds are going to the District for post dissolution bank balance.  They are bankrolling funds and once the split occurs we’ll fund ourselves.  Mr. Melen said this money is allocated in the budget. 

            C.  District II Environmental Commission: Mr. Melen said that this is just for informational purposes at this time, no further information has come forward. 

            D.  Fiscal Year 2004 Auditors’ Report: Mr. Melen said this information was included in the Town Report and accepted but the Select Board did not get a chance to comment on it before hand.  In the summary of the management letter is their comments about what they don’t like. 

            Capital asset accounting: We didn’t have an inventory.  The Town Manager and Town Treasurer feel there was not/is not enough time to close each department and count each piece of inventory.  There was discussion as to how and when this could be done.  It’s an obligation for accountability and also to establish a dollar threshold.

            Fund equity: $309,791 deficit

            Fiduciary accounting and controls: They don’t agree, the Town Treasurer has responded. 

            Reserve fund assets and accounting: We responded that we are funding them as quick as we can. 

11.  Delinquent Taxes: Mr. Melen explained Townspeople have one year from close of tax year to enter into a payment agreement.  If no payment agreement then it goes to tax sale.  As of today, 12 properties are going to tax sale, the 12 properties represent approximately $21,000.  There was discussion about delinquent taxes, when they were considered delinquent and how and why the newspaper article showed the information it did.  Mr. Melen asked the Board to consider once again, at a later discussion, publishing delinquent taxpayers names in the annual Town report.  

• Appointments: 
• Animal Control Officer: None
• Annual Report committee (Two openings): Mr. Melen said Edith Hunter and Gary Richardson have both declined. 
• Annual Report Committee Chairperson (Appointment by Select Chairperson): Mrs Daniels said she is willing to be appointed.  Mr. Cole appointed Mrs. Daniels to be the Chairperson of the Annual report Committee. 
• Budget Committee (Five Openings): Mr. Melen said Mr. Cann is willing to serve again and there is an application from Wayne Gammell.   Mr. Arrison made the motion to appoint Mr. Cann to the Budget Committee.   Mr. Boyer seconded the motion passed without dissent.  Mr. Cole suggested the Board meet with Mr. Wayne Gammell before appointing him to any Boards, Mr. Melen will ask Mr. Gammell to meet with the Board.
• Connecticut River Development Corporation Representative:  None
• Connecticut River Development Corporation Alternate:  None
• Connecticut River Joint Commission:  none
• Conservation Commission (One term to fill and One Opening):  Mr.Arrison made the motion to appoint Mr. Christopher Harris for the unexpired term.  Mr. Cobb seconded the motion, which passed without dissent. 
• Constable:  none
• Emergency Management Director: Mr. Melen said Mr. Michael Thomas is willing to continue and Mr. Gammell had applied.  Mrs. Daniels made the motion to appoint Mr. Thomas as Constable.  Mr. Arrison seconded the motion, which passed without dissent. 
• Fence Viewer (Three Openings): Mr. Melen said Mr. Robert Holtorf and Mr. Clarence Grover are willing to continue.  Mr. Arrison made the motion to appoint Mr. Holtorf and Mr. Grover as Fence Viewers.  Mr. Cobb seconded the motion, which passed without dissent.
• Martin Memorial Hall Trustees (Three Openings): Mr. Melen said Mrs. Edith Stillson and Mrs. Jean Sulham are willing to continue.  Mr. Arrison made the motion to appoint Mrs. Stillson and Mrs. Sulham Trustees of the Martin Memorial Hall.  Mr. Cobb seconded the motion, which passed without dissent. 
• Parks and Recreation Commission (Five Openings): Mr. Melen said Mr. Bergeron, Mrs. Boyer and Mrs. Adams were willing to continue.  Mr. Boyer made the motion to appoint Mr. Bergeron, Mrs. Boyer and Mrs. Adams to the Parks and Recreation Commission.  Mr. Cobb seconded the motion, which passed without dissent. 
• Pound Keeper: It was suggested to pass over this until a Constable is appointed. 
• River Connection Regional Partnership Representative:  none
• Southern Windsor County Regional Planning Commissioner:  none
• Southern Windsor/Windham Counties Solid Waste Management District: Representative: None    Alternate:   Mr. Arrison made the motion to appoint Mr. Melen as an Alternate to the Southern Windsor/Windham Counties Solid Waste Management District.  Mr. Cobb seconded the motion, which passed without dissent. 
• Southern Windsor County Transportation Advisory Committee Representative: Mr. Arrison made motion to appoint Mr. Neil Daniels as the Representative to the Southern Windsor County Transportation Advisory Committee.  Mr. Cobb seconded the motion, which passed without dissent.  Mr. Arrison made the motion to appoint Mr. Melen as the Alternate to the Southern Windsor country Transportation Advisory Committee.  Mrs. Daniels seconded the motion, which passed without dissent. 
• Surveyor of Wood and Lumber: Mr. Arrison made the motion to appoint Mrs. Daniels to the position of Surveyor of Wood and Lumber.  Mr. Cobb seconded the motion, which passed without dissent.
• Town Service Officer: Mr. Melen said Aina Odermatt is willing to continue.  Mr. Arrison made the motion to appoint Aina Odermatt to the position of Town Service Officer.  Mrs. Daniels seconded the motion, which passed without dissent.  
• Tree Warden: Mr. Arrison made the motion to appoint Mr. Wes Hazeltine to the position of tree warden.  Mrs. Daniels seconded the motion, which passed without dissent.
• Weathersfield/Cavendish/Ludlow Housing Rehabilitation Loan Fund Committee Citizen Representative:  none
• Weathersfield Fire Commission: Mr. Melensaid for the citizen two-year term Mr. Dick Ballentine is willing to continue.  Mrs. Daniels said Mr. Rick Logan and Mr. Dan Kelin are also interested.  Mr. Arrison said Mr. Arthur Bryant, Mr. Kurt Gergler and Mr. Amos Jarvis are also interested.  It was discussed and decided that Mr. Boyer would contact all interested parties to ask their interest and experience and then report back to the Board.  For the Select Board Representative, Mr. Boyer is willing to continue.  Mr. Arrison made the motion to appoint Mr. Boyer to the Weathersfield Fire Commission to represent the Select Board.  Mr. Cobb seconded the motion, which passed without dissent. 

Veterans Committee: Mr. Boyer made the motion to appoint Mr. Cobb as Chair of the Veterans Committee.  Mrs. Daniels seconded the motion which passed 4 – 0, Mr. Cobb abstained. 

• Weathersfield Highway Committee: Mrs. Daniels made the motion to appoint Mr. Arrison to the Weathersfield Highway Committee to represent the Select Board.  Mr. Boyer seconded the motion, which passed without dissent. 
• Weathersfield Planning Commission (Five year term): Mr. Melen said that for the five year term Stephen Walasewicz and Julie Ann Levy were both interested in returning and Mr. Gammell had submitted an application.  Mr. Arrison made the motion to appoint Stephen Walasewicz and Julie Ann Levy to the Weathersfield Planning Commission.  Mr. Cobb seconded the motion, which passed without dissent.  
• Weathersifeld-is-Togethersfield (Five Openings): Mr. Melen said that Mrs. Kelin is willing to be re-appointed.  Mr. Arrison made the motion to re-appoint Mrs. Kelin to the Weathersfield-is-Togethersfield committee.  Mr. Cobb seconded the motion, which passed without dissent. 
• Weigher of Coal: Mr. Arrison made the motion to appoint Mrs. Patricia Daniels to the position of Weigher of Coal.  Mr. Cobb seconded the motion, which passed without dissent.
• Zoning Board of Adjustment (Five Openings): Mr. Melen said that Elizabeth Deliso, Westley Hazeltine, Theodore Goddard and Mr. Gammell are interested in the positions.  Mr. Arrison made the motion to appoint Elizabeth G. Deliso, Westley W. Hazeltine and Theodore N. Goddard to the Zoning Board of Adjustment.  Mr. Boyer seconded the motion.  Mr. Melen suggested the Board should discuss to stager the term to two years in the coming year.  Motion carried 5 – 0.  

• Sign Treasurer’s Warrants: Mr. Cobb made the motion to approve the Treasurer Warrants as follows:

General Fund Payroll                                           $11,075.63

General Fund Operating Expense                         $17,080.17

Highway Fund Payroll                                           $15,608.40

Highway Fund Operating Expense                         $15,549.88

Solid Waste Management Fund Payroll              $  1,661.48

Solid Waste Management Fund Operating Expense        $  8,730.09

Mr. Arrison seconded the motion.  Mr. Arrison questioned the scope purchase made by Chief Brown.  Mr. Melen will ask Chief Brown for an explanation.  Mr. Boyer questioned the payment to Kibby Equipment.  Mr. Melen explained it was for Highway supplies.  Motion carried 5 – 0.

• Next Meetings’ Agenda Items: Annual Highway Plan, Class II Paving Grant Application, Ethics Policy, Appointments, Town Plan Amendment, Eagle Scout, Butterfield Hill and Thrasher Road projects.

Mr. Arrison made the motion for the Select Board to go into executive session to discuss Personnel.  Mr. Cobb seconded the motion, which passed without dissent.

At 10:16 p.m. the Select Board came out of executive session.  Mr. Arrison made the motion to adjourn the Select Board meeting.  Mr. Boyer seconded the motion, which passed without dissent. 

                                                            Respectfully Submitted,

                                                            Lisa A. Sargent