Selectboard Meeting

August 20, 2007

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Attending the meeting; Rob Bast, Andrea Morgante, Randy Volk, Howard Russell, Jon Trefry, Jeanne Wilson.

 

Meeting called to order at 6:48 p.m.

 

Personnel Discussion / Review of Wharton Exit Interview:  Randy moved that the Board vote to go into executive session with Town Administrator Jeanne Wilson to discuss a personnel item, second by Jon and approved.

 

Randy moved that the Board vote to come out of executive session, second by Andrea and approved.

 

Joining the open public meeting; Jason Boivin, Peter Erb, Cheryl Hubbard, Jen McCuin, Holly Russell, Frank Koss, Missy Ross, Mike Anthony, Chris Morrell, Steve Miller, Lisa Lindner, Jane Lazorchak, Kristi Brown, Tim Brown, Brent Francis, Dick Francis, Brock Francis, Rick Kelley, David Bouchard, Tonia Bouchard, Ben Benoit, Robert Atherton, Scott Johanson, Tony St. Hilaire, Matt Francis, Judy Laberge, Matt Laberge, Todd Morris, Nathan Miner.

 

Lisa Lindner of VLCT / Presentation on Health Savings Accounts – Lisa handed out packets containing information on HSA’s and reviewed management of the account.

 

Highway Foreman Michael Anthony

 

·        2007 Paving Bids:  Mike has solicited bids for paving 1.2 miles of Charlotte Road, .3 miles of Pond Brook Road, the Town Hall parking lot (including the Park & Ride grant project) and the police office parking lot.  He received bids from three companies as follows:

 

           Frank Whitcomb Cont. = $55.50/ton for everything

                      UPC = $57.00/ton for roads and $70.00/ton for parking lots

                      Pike = $53.89/ton for roads and $77.58/ton for parking lots

 

               Based on this information, Mike recommends the bid be awarded to Frank Whitcomb

               Construction at $55.50/ton.  Andrea moved that the Board vote to award the 2007 paving

               bid to Whitcomb’s for a price of $55.50/ton. Second by Howard and approved

 

·        Request for Equipment Purchase:  Mike is proposing to purchase a cement mixer ($1,000) to assist the crew with constructing culvert headers from the culvert budget, and a conveyor ($1,300) to assist the crew with the addition of salt to the winter sand from the winter sand budget.  Howard moved that the Board vote to authorize the Highway Department to expend up to $1,000  from the culvert budget (440-5110-17.00) for the purchase of a cement mixer, and to expend up to $1,300 from the winter sand budget (440-5140-21.20) for the purchase of a conveyor. Second by Jon and approved.

 

Mike asked where the funds for the paving of the Police Department parking lot will be coming from.  The Board asked Jeanne to look at the budgets for buildings and facilities and the police dept so they can decide where the funds will come from.

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Andrea moved the Board go into executive session with Chris Morrell for personnel discussion, second by Jon and approved.

Andrea moved the Board come out of executive session, second by Jon and approved.

 

 

Jane Lazorchak, Vermont Department of Fish & Wildlife / LaPlatte Headwaters Initiative: Jane explained to the Board Vt Dept of Fish & Wildlife’s role in the project.  Jon moved that the Board vote to acknowledge support for the Vermont Department of Fish & Wildlife’s (DFW”s) involvement in the LaPlatte Headwaters Conservation Initiative, and support for the DFW co-holding the conservation easement on parcel 2A with the Vermont Land Trust in order to protect the Clayplain Forest, Indiana bat habitat, public pedestrian access, and river and wetland protection. Second by Randy and approved.

 

Andrea Morgante / Update on LaPlatte Headwaters Initiative –Andrea is requesting the Town Attorney be involved in the easement review.

Randy moved the Board vote to authorize the Town Attorney to review the easement for the LaPlatte Headwaters initiative, second by Howard and approved.

Randy moved the Board approve requesting that the Vt Land Trust do a title search not only on their behalf, but for the Town as well.  Second by Howard and approved. 

 

Request for Injunction / LaBerge Zoning Violation for Noise Request to form a Noise Ordinance Committee – This item was removed from the agenda, but not knowing that many residents came to the meeting.  Rob advised those present that the Board has been asked to look into this and was willing to hear comments from those attending and urged written comments also.

 

Scott Johanson spoke in opposition to a restrictive ordinance in Town and wanted to know why the Town is planning on writing the ordinance.  He believes this will be difficult for the Police Department to enforce and noted that 2 years ago the Planning Commission rejected a noise ordinance being included in the Town Plan.

Jon responded that some residents in the neighborhood felt their quality of life was significantly being affected by noise and petitioned the Board to draft a noise ordinance to have as a means of enforcement for the Town.

Tony St.Hilaire said any complaints in the past have not been addressed such as Iroquois Manufacturing and Clifford Lumber.

Jon said they are located in industrial zones.

Tony said this issue is between two neighbors who should deal with it without involving the Town and town funds.

Rob pointed out that noise ordinances exist in other places and what has happened in the past is not necessarily applicable to now.  If neighbors could work it out that would be good but at some point it becomes the responsibility of the Town to say what is acceptable and what is not.

Scott said he was informed that an ordinance would be written using an existing ordinance of a town similar to Hinesburg.

A resident stated the activities at the La Berge residence is not a racetrack, there are no competitions or race clinics just 18 acres of land where 3 children ride dirt bikes and the neighbors should compromise.

Randy said they should disconnect from what is happening at the La Berge’s as the Board has not made any judgment on that. In considering the ordinance the whole community is looked at.

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Tim Brown asked if someone starts up a lawn tractor on Sunday morning and wakes him up will police answer that complaint the same as they responded to the complaint of the motorcycles at the LaBerge’s?

Howard said they cannot ask the police to just go write a summons to anyone making noise. In drafting an ordinance they will have to look at the many aspects affected, such as farming, as well as any other activities associated with noise.

Scott said mediation has not worked as one party has refused to co-operate and they now have come to the Town to take care of their complaint.

Todd Morris said a police officer went up to the LaBerge’s threatening to give a criminal citation.

Rob asked Chris Morrell if that was true and Chris replied the officer met with both parties and tried to get them to mediation and failed no citation resulted.

Todd then made the statement that if he starts up a motorcycle on his property he could receive a criminal citation.

As many residents were under the impression the Zoning Administrator was writing an ordinance, Jeanne pointed out that the Zoning Administrator does not draft ordinances for the Selectboard.  The Town Attorney will be looking at language from ordinances existing in other towns.

Todd said it seems as if this has moved past the development stages.

The Board responded it has not – they have asked Jeanne to look at other ordinances for a model, anything written would be reviewed by the Town Attorney and receive public input.  If the Board decided to adopt there is a 60 day appeal period.  At this time Jeanne has a copy of 2 sample ordinances but has not reviewed them yet.

Judy LaBerge said the