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Meeting Minutes

Town of Leicester
Selectboard Meeting Minutes
Monday April 20, 2015
** See subsequent minutes for any changes
Members Present: Diane Benware, Tom Barker, Ron Fiske, Brad Lawes, Ken Young
Others Present: Julie Delphia, Arlan Pidgeon, Lesley Wright, Elise Haydon, Zack Saxe, Sandra Trombley, Secretary
Call to Order: Meeting called to order at 6:30 p.m. by Chair.
Pledge of Allegiance:
Review of Agenda:
Add: Discussion of white building, railroad crossing, new culvert, spring clean up costs and memorial donation.
Approval of Minutes of April 6, 2015:
Motion by Tom and second by Brad to approve minutes of April 6, 2015 as amended. All in favor. So approved.
  • Add So Approved to Motion by Tom and second by Ken to authorize one board member to sign on behalf of the Town on page 2.
  • Correct spelling of Guildrien to Gildrien on page 3.
Reports from Town Officials, Committees:
Road Foreman:
Arlan reported that they have been hauling some gravel. Most roads have been graded at least once.
Arlan received a call about a split oak tree that needs to come down past Bobby LaPorte’s. It is cracking apart and is near a power line. It is too big for Arlan to take down. Arlan will check the pole number and call and give number to Julie. Julie will then call Green Mountain Power.
Brad asked if Arlan was going to sweep the pavement. Arlan reported that Scott has a lot done, but Hooker Road has not been done.
Tom asked for the update on the Neri and Kelly fences on Hooker Road. Arlan talked with Kelly and explained that their fence is in the town right of way. He has not talked with Neri.
Julie will send them a copy of the Town Road Maintenance Policy.
Town Clerk/Treasurer:
Delinquents are at $103,600.
Diane will call Beth.
Julie reported some issues with destruction of property on this side of town with the four wheeler/dirt bike group. They defaced some signs, stole the road closed sign, and have had to replace three signs. There have been some complaints from people about them going up and down the road. Julie is going to call Lieutenant Manley. Julie will ask Lieutenant Manley to call Tom for the group’s timeline around town.
Cemetery Committee:
Tom reported the cemetery meeting will change from 6:00 p.m. to 6:30 p.m. the second Thursday of the month.
Ken recommended putting in a shrub next to cemetery road side boundary marker. Suggested they perhaps consider a veteran’s memorial in the future
Ron reported they are about 80% done with cleaning head stones. Need to get a few more cleaned.
Tom put up a new flag and rope and brass snaps.
Tom said they came up with a new idea for a receipt book for the lots. It needs to go to the town attorney for review.
Review/Authorization to Pay Bills:
Motion by Tom and second by Brad to authorize Treasurer to pay the bills. All in favor. So approved.
Weight Permits:
Two weight permits signed and approved.
Railroad Crossing:
Ken mentioned the neighborhood was getting notices about the road closing for the railroad crossing work on Old Jerusalem Road.
Julie sent letters to everyone that owns property or is a known renter on Old Jerusalem Road and Dewey Road plus emergency, school and postal services. It is going to be in the Addison Independent and Brandon Reporter starting in the next issue until May 18th. It was on Front Porch Forum and Leicester’s web-site.
Diane reported that George Shortsleeves sent an email on Friday with some differences than what they originally agreed to at the last meeting. Julie and Diane called him today for clarifications and also let him know that the cost of the newspaper ads for four weeks was $700.
George explained the road would be totally closed for two weeks and one-way traffic for two weeks.
They will install the message boards tomorrow and might begin to bring some small equipment to the site and next Monday moving equipment to the site. Next Tuesday morning there will be one-way traffic because of truck and other equipment moving in.
May 4th: road closed for 2 weeks, beginning project
May 11th: 2 weeks of one-way traffic with smart signal; can pass thru on green light, but must stop on red light
May 18th: if all goes according to plan, may be one-way traffic after the 18th
May 25th: restore two-way traffic
June 1st:   possibly some-one way traffic again
June 8th:   restoration, demobilization.
Julie stated that the Board must give George their final authorization tonight.
Motion by Tom and second by Brad to give final authorization to start and finish as soon as possible and provide Town Office with a weekly status update and one-way traffic maintained as much as possible. All in favor. So approved.
Adulticide Concerns/BLSG:
Lesley Wright began sharing concerns about BLSG locally and at the State level. She commented that at the State level they are all fairly frustrated, and Alan Graham and Cary Giguere refer them back to the Selectboard. Lesley states that the larviciding is powerful and effective and safest for people. The adulticide is questionable. Adulticide exposes people and aquatic invertebrates and fish to very strong neurotoxins. She questions the effectiveness of the adulticide and the health concerns.
Lesley stated that many states have looked at the risk/benefit ratios in adulticiding and have stopped the spraying.
Lesley stated that according to the copies of logs they received from the State, BLSG applicants were unable to follow the state’s guidelines properly and then unable to submit paperwork for reimbursement. Guidelines are very science based.
Elise stated that BLSG is required to operate thru state and federal regulations. Two summers ago, they thought spraying was out of hand with larviciding. Two years after requesting all the reports that BLSG is required to submit, they finally got them from the State. There were discrepancies in their application logs, application per acre, number of applications per month, uncertified drivers, applications that happened but unrecorded.
Elise stated they know of several adulticides that were being used, but never recorded.
Elise stated that they are coming to the Board as tax payers.
Lesley stated that the Department of Agriculture is aware of these discrepancies and they are really not sure what to do about this. They did hold back reimbursement of monies for awhile; and then there was pressure from somewhere, and the towns did get reimbursed 70%.
Lesley informed that the Department of Agriculture is rewriting their regulations; incorporating some basic guidelines for adultaciding.
Lesley stated that EEE is a state issue and they have tremendous respect for that.
Lesley said they are recommending that the Selectboard ask for some formal science based triggers for when BLSG should be out using adulticides and in what areas. They would like formal notifications before someone is spraying. They would like BLSG’s meetings posted. They would like buffer zones for drift. They want clear record keeping by BLSG.
Lesley talked about the new science studies.
Lesley asks how they would know there would be accountability this summer.   As citizens living along the route, they would like to be protected.
Zack stated he would like to see the money go toward the roads or town office or school expense. The spraying is not actually working. He feels like the town is wasting its money. Mother Nature really decides what kind of a year it will be. He likes the rural community and mosquitoes are a part of it.
Lesley asked how to address this. How do we keep BLSG accountable as a town?
Diane asked Brad his thoughts. Brad stated that all the pesticides and insecticides used are controlled by the federal regulations. The label is the law. When you say that the State is powerless on the enforcement; if something is being done incorrectly, that’s absolutely not true. If you violate that label, the State can come in and shut you down, fine you, and whatever they so choose. He knows because he is in that kind of business and deals with it every day. The State is the enforcement. To say that Alan Graham and Cary Giguere don’t have any say; is absolutely not true. If BLSG is in violations of the label, the State can enforce it.
Lesley said the Department of Agriculture has Dominique investigating this. The Department said they have oversight over the larvicide program. As long as the label is being followed, the State does not have oversight over BLSG. If they don’t follow the guidelines for the grant, they don’t get the money. In terms of the adulticide program, as long as they are following the label, they can spray all summer long.
Elise said the problem is they don’t know who has oversight over this. Nobody knows who is in charge. They have talked to many agencies and they all said they do not enforce the program.
Brad stated that he knows that the Department of Agriculture regulates all agricultural pesticides.
Lesley stated they are really concerned over the adulticide. She stated that spraying near water has been happening for years.
Lesley stated that it took a long, long time to get the records. There are clear discrepancies of the records. At this point, she thinks there needs to be more oversight of BLSG.
Brad said they should have a conversation with Ben Lawton. Brad stated that if Lesley could prove any of this that Cary Giguere has all the power to shut the operation down.
Julie clarified that BLSG is a separate entity from the town; like Lake Dunmore Fern Lake Association; is a separate entity from the town. The towns contribute to them, but the towns do not run them. They are a physical separate entity. They have their own rules and regulations for running. They have specific state requirements they have to follow completely separate of the town.
Ken mentioned that perhaps they could take a petition around to all residents asking if they are for or against the spraying program.
Julie informed that BLSG’s next meeting is May 7th.
Diane recapped that the Department of Agriculture told them (Lesley & Elise) they should come to the Selectboard. Diane suggested that Lesley let Ben Lawton know that they have come to us and shared this information with us.
Julie recommended BLSG have an open conversation with citizens instead of contentious conversations. You need to treat people in a respectful manner in order to work together.
Brad will stay on the BLSG Board and recommends they find a second and/or third person as a representative on the BLSG Board. Julie will call the current two members and confirm whether they will be continuing or not, and ask them to write a letter to the Selectboard if they are no longer able to serve.
Readopt Local Emergency Operation Plan (LEOP) 2015:
The plan was reviewed and updated.
Motion by Tom and second by Ken to adopt the 2015 LEOP. All in favor. So approved.
Diane signed on behalf of the Board.
NOFA Compliance: S. Fredericks:
Chair read letter from Suki addressing concerns about their field located north of the cemetery fence line. Suki would like their annual verbal agreement that no herbicides will be used adjacent to that field boundary. Julie shared the boundary map with the Board.
The Board confirmed that no herbicides will be used within 20’ of the cemetery boundary.
There was more discussion about cleaning up the cemetery fence line. Tom will check with Gus Letourneau to see how much he would charge to mow the additional area discussed.
All Hazard Mitigation Plan Review:
Board will not review this evening. There are formatting, editing, accuracy issues. The committee will meet at a later date.
Ron will look at the broken clear plastic shield over the sill on the corner of the white building. Tom thought it may have been accidentally broken during clean up.
Calvin Loven took out all dead greens. He will plant whatever the Board wants to replace them with in order to keep soil from eroding.
Julie mentioned possibly putting in a little decorative fence, once the planting is done, to protect them from being walked on.
Calvin Loven mentioned the cost of spring clean up this year. He wanted to let the Board know he may have to increase his quote for next year.
Brad reported that the hydraulic report for the new culvert was sent in and an engineer was sent down to take pictures. A written estimate for the culvert will be done sometime this week.
Julie reported that the paving grant is in.
Green Up day is May 2nd. Foxcroft is donating ground beef and sausage for patties.
Motion by Ken and second by Tom to donate $100 on behalf of the Town to the Leicester Historical Society in Bucky Shackett’s name. 4-yes, 1 abstention (Diane). So approved.
Public Opinion: None
Executive Session:
Motion by Tom and second by Ken to go into Executive Session to discuss confidential CDL records exempt at 8:38 p.m. All in favor. So approved.
Motion by Tom and second by Ron to come out of Executive Session at 8:40 p.m. No action taken.
Next Meeting: May 4, 2015
Motion by Ron and second by Ken to adjourn at 8:40 p.m.
Respectfully submitted,
Sandra L. Trombley
Selectboard Secretary