Leicester Town Meeting Minutes

March 2, 2009

The legal voters of the Town of Leicester, Vermont are hereby warned and notified to meet at the Leicester Meeting House in said Town on Monday, March 2, 2009 at 7:00 pm to transact the following business:

Jeffrey Wallin, Moderator, welcomed the 71 voters in attendance to the 248^th Annual Town Meeting. Everyone was asked to stand for the Pledge of Allegiance

The Moderator explained that Town meeting will be run according to Roberts Rule of Order, all motions, remarks and questions should be directed to the Moderator.  Articles must be moved, seconded and restated by the Chair before debate can begin. Voters should stand up, give their name and please speak loudly.  Unanimous consent will be used.

The Moderator called the Leicester Town Meeting to order at 7:03 PM and introduced the Selectboard and Town Clerk.

The reading of the warning was waived without objection; each article was done separately.

1. To act on the auditors report.

D. D’Avignon, auditor, noted two items.  First, on Article 5 there is a typographical error and the amount should read $496,293.00 rather than $496,923.00.  Secondly, on page 9, C. Todd received the mileage for 2008, but another individual received the mileage in 2007, not C. Todd as the report indicates.

A motion was made to accept as presented.  Motion was seconded.  Article 1 was passed by unanimous voice vote.

2. To see if the Town will vote to authorize the Selectboard to borrow money in anticipation of taxes to defray the necessary expenses and obligations of the Town.

A motion was made and seconded to accept Article 2 as stated.  Article 2 was passed by unanimous voice vote.

3. To see if the Town will vote to authorize the Selectboard to engage in a contract with the Brandon Fire Department to provide fire protection services for the town as explained under the fire contract in the Selectboard report.

A motion was made and seconded to accept Article 3 as stated. 

Discussion on Article 3:  

• K. Briggs questioned the previous actual cost vs. the fixed cost of the contract.  D. Benware, Selectboard Chair, said that, the town historically had set aside $10K in a fire contingency fund.  Up until last year that has covered fire cost.  In 2008, there were 24 fires that cost the town over $16K.  After 2 years of discussion with the Brandon Fire Department (BFD), and annual fee of $19,716 was established based on an accepted formula using the equalized grand list and annual capital costs of the BFD.  In addition, there will be a $500 fee for each call made.  The BFD will wait until January 2010 to submit the bill for these calls to allow time for homeowners/vehicle owners to claim the costs for possible insurance reimbursement.  The town will be responsible for the $500 charges not covered by individuals’ insurance reimbursements.  The Selectboard did review the coverage options that surrounding towns have.  Based on availability of firefighters, the other towns would not be able to provide sole coverage to Leicester.
• H. Hatch asked if this contract included any other emergency services.  D. Benware responded that to her knowledge, it did not.  If the Rescue Squad was called, that is a separate cost.  She believed that the Rescue Squad offers an annual fee ($40) that would waive any rescue transportation fees.
• C. Todd questioned how the Town would bill individuals for the $500 fee.  D. Benware responded that the BFD would send the town a bill once a month and she would then send a letter to the individuals asking them to submit to their insurance.  BFD bills are detailed with the individuals’ information.
• J. Hughes questioned if he had a fire before the contract amount runs out that he wouldn’t have to bill his insurance.  D. Benware explained that the $19K is an annual contract rate for coverage.  If you have a fire, you will receive a bill from the BFD for labor expenses as well as a statement from the town requesting that the $500 call charge be sent to your insurance.  T. Barker, Selectboard Vice Chair, explained that the $19K is only the basic coverage for them to respond to the fire.  The homeowner will be billed the $500 per occurrence as well as other charges specific to their fire(s).
• C. Todd asked if Brandon residents pay $500.  T. Barker responded that they did not.  D. Benware explained that Brandon covers the $180K budget of the BFD in their budget. R. Fiske, Selectboard member, indicated that at $19K we would have one of the lowest rates in the area.  Salisbury’s budget is $36K.

With no further discussion, Article 3 was passed by unanimous voice vote.

4. To hear the report of the Selectboard regarding additional tax funds needed to fulfill 2008-09 tax obligation to OVUHS.

D. Benware explained that when reviewing the information for the town reports, they found themselves $102K short for what we would pay toward the Otter Valley budget.  Several factors led up to this:

• Typically, the Department of Education sends a bill to the town in September, and the town pays the bill.  In years when people file on time, we don’t have issues.  For the past several years, the filing date for HS-122 (Homestead) has been quite late in the year causing issues with the reconciliation.  This year the Town of Leicester has had to provide Homestead reimbursements to people in the amount of $36K for which the town will be reimbursed for, but not until the end of April.  Last year the reconciliation was only $182.  Departments of Education & Taxes were surprised at the amount this year.  They are reviewing.  By the end of April, the amount could be as high as $38K.  This will be used toward the $102K that we still owe OVUHS.  The $102K is an obligation of the Town so it appears in the Selectboard information and not the school.  After the reconciliation and other factors, there may still be additional funds to be raised.  On our tax bill there would be a separate line for this amount with its tax rate.
• Another factor is $115K in delinquent taxes.  Had half of these taxes been paid, we would have met our OVUHS obligation and this article would not have been needed.  It is a cash flow issue that is made more obvious by the large amount of delinquent taxes.
• The Highway budget looks on paper that there is a deficit of $47K.  A large portion of this deficit has been offset by recent receipt of ~34k of FEMA.  In September the town agreed to transfer the excess bridge fund to the highway fund.  This will be done at the end of the year to clear the deficit.

D. Benware reaffirmed that the Selectboard would do everything they could to reduce the deficit prior to setting the tax rate and if there is an outstanding balance, it would be listed separately on the tax bills.

H. Hatch asked about Delinquent Taxes.  J. Wallin requested that they be discussed under Article 7.

With voter approval, Representative Willem Jewett spoke briefly to the voters.

5. To see if the Town will vote to approve a sum of $496,923.00 to defray the necessary expenses and liabilities of the town for the ensuing year, divided as follows:

Note: The amount to be raised will increase by the amounts voted on Australian ballot.  The Selectboard will set the tax rate at a later date.

A motion was made and seconded to accept Article 5 as stated. 

D. Benware made a motion to amend Article 5 to correct the transposed numbers in the article as written changing $496,923.00 to $496,293.00.  The motion was seconded.  The amendment to Article 5 was approved by unanimous voice vote.

J. Hatch questioned the % increase in the budget.  D. Benware explained that the $300,293 included the $102K OVUHS obligation previously discussed.  If you take that out, there is a $19K (~10%) increase from last year.  This is attributed to the increase from $10K to $19.7K for fire protection, $4K for Town Clerk, and the balance to increased costs of insurance, utilities, and recycling.

C. Carroll questioned the change in Town Clerk salary from 2007 to 2008 and 2008 to 2009.  D. Benware explained that the board had reduced the salary in 2008 due to having an inexperienced clerk.  In preparing the salary for this year, they realized that they would need to increase the salary.  The salary in the budget for both positions is $14,000.  K. Young, Selectboard member, explained that he had investigated salaries in other towns.  Sudbury is $26K with no fees, Whiting is $17K plus fees, Salisbury is $38K with no fees, and Goshen at 3 hours per week is $9600 plus fees.

J. Hatched questions the % increase in the highway budget.  D. Benware explained that the cost was down $7K from last year.  Most items were either level funded or reduced.

C. Reed asked if there was state money expected for ditching and road repair that would enable reductions.  R. Fiske indicated that last year we spent $60K ($30K from grants) on paving.  This year we are not expecting any grants so the paving has been reduced.

L. Miner asked if the board had checked into what the cost would be if we contracted out the Highway.  K. Young explained that we are contracting out our highway now. 

L. Miner asked if it had been put out to bid.  K. Young explained that he had investigated highway costs in neighboring towns.  In Sudbury, the payroll alone is $52K.  In Salisbury, it’s $97K.  In addition, their per mile cost is more.  This year’s costs were higher than normal due to the August flooding and the Hooker Road project.

L. Miner asked if we could put it out to bid.  K. Young responded that we take it for granted that our roads will be plowed and sanded.  When talking with other towns, they have had difficulty keeping up with storms.  Our crew never takes a sick day and the roads are always maintained.  There are several factors that should be taken into account when discussing going out to bid.   Though it is not put to bid, on the whole, it appears that the town is receiving quality service at a very fair price.

With no further discussion, Article 5 as amended was passed by unanimous voice vote.

6. Discussion of articles to be voted by Australian ballot.

Article 1.  The Moderator read the list of Town Offices and named the candidates who would be running for that office on the ballot. Those who planned to be write-in candidates were allowed to introduce themselves.

Article 2. The Moderator read the list of appropriations and allowed individuals the opportunity to explain what each agency does.

7. To do any further business that is proper to be done when met.

H. Hatch questioned the status of Delinquent Taxes and if pressure could be applied.  D. Benware asked B. Ripley, Delinquent Tax Collector, to respond.  B. Ripley indicated that delinquent taxes for 2008 alone totaled  $99K.  By the end of 2008, ~$35K had been collected. Of the $115K in total delinquent taxes shown in the town report, $30K has been collected.  A tax sale is scheduled for April 13^th. 

D. Benware, on behalf of the board, thanked the appointed Town Officials and indicated that there would be a Selectboard meeting on March 16, 2009 at which they would be looking to fill those positions as well as openings on the Zoning Board and Planning Commission.

A motion was made and seconded to adjourn Town Meeting.  The motion to adjourn was approved by unanimous voice vote.

Town Meeting adjourned at 8:00 PM.

Results of those elected by Australian Ballot Voting: (Ballots and results attached)

March 3, 2009 – The legal voters of the Town of Leicester, Vermont are hereby warned and notified to meet at the Leicester Town Hall in said Town on Tuesday, March 3, 2009 to transact the following business by Australian Ballot.

Polls opened at 10 AM and closed at 7 PM at the Leicester Town Hall. Of the 755 registered voters – 217 cast votes.

Article 1:  To elect Town Officers for the ensuing year

OFFICE                                      CANDIDATES                             TERM                            VOTES

MODERATOR                             JEFFREY WALLIN                        1 YEAR                          202

TOWN CLERK                             JULIE DELPHIA                            2 YEAR                          200

TO FILL AN UNEXPIRED TERM

TOWN TREASURER                    JULIE DELPHIA                            2 YEAR                          199

TO FILL AN UNEXPIRED TERM

SELECTBOARD                           TOM BARKER                             2 YEAR                          186

SELECTBOARD                           ROBERT OLIVER             3 YEAR                          173

LISTER                                      JOHN HUGHES                            3 YEAR                          189

AUDITOR                                   DEBORAH MINER                        3 YEAR                          205

DELINQUENT TAX COLLECTOR     ELIZABETH RIPLEY                      1 YEAR                          199

FIRST CONSTABLE                                                                     1 YEAR     NO ONE WITH MIN REQ.

SECOND CONSTABLE                                                                  1 YEAR    NO ONE WITH MIN REQ.

GRAND JUROR                                                                            1 YEAR    NO ONE WITH MIN REQ.

TOWN AGENT                                                                            1 YEAR    NO ONE WITH MIN REQ.

Article 2:  To approve or disapprove the following allocations from the General Fund. The total amount to be allocated is $11,351.00

Addison County Community Action Group*...............................1,300.00        Yes –  150      No –   59

Addison County Home Health Care............................................ 1,138.00     Yes –  188      No –   23

Addison County Parent/Child Center.......................................... 1,200.00     Yes –  161      No –   48

Addison County RSVP................................................................. 285.00     Yes –  163      No –   46

Addison County Transit Resources............................................ 1,000.00     Yes –  161      No –   49

Champlain Valley Agency on Aging............................................ 1,100.00     Yes –  186      No –   26

Counseling Service of Addison County....................................... 1,050.00     Yes –  151      No –   58

Elderly Services, Inc................................................................... 500.00     Yes –  191      No –   19

Hospice Volunteer Services......................................................... 250.00     Yes –  184      No –   27

John W. Graham Emergency Shelter............................................ 725.00     Yes –  165      No –   47

Maple Leaf Farm.......................................................................645.00       Yes –  130      No –   74

Neighbor Works......................................................................... 200.00     Yes –  133      No –   71

Open Door Clinic........................................................................ 300.00     Yes –  165      No –   43

Otter Creek Natural Resources.................................................... 113.00     Yes –  141      No –   66

Vermont Adult Learning.............................................................. 450.00     Yes –  151      No –   57

Vermont Cares – Aids Resources................................................. 350.00     Yes –  145      No –   64

Vermont Center for Independent Living........................................ 145.00     Yes –  164      No –   45

Women in Crisis – WomenSafe .................................................. 600.00     Yes –  166      No –   46

*Now known as HOPE

Respectfully Submitted,                            Approved By:

Julie Delphia, Town Clerk                Jeffrey Wallin, Moderator               Diane Benware, Selectboard Chair

Recorded, March 9, 2009