Meeting Minutes
Town of Leicester
Selectboard Meeting Minutes
Monday, June 15, 2009
*Unapproved*
** See subsequent minutes for any changes
Members Present: Diane Benware, Bob Oliver, Ken Young, Tom Barker, Ron Fiske
Others Present: Julie Delphia, Arlan Pidgeon, Tim Johnson, Brian Webb, Dog Warden, Jeff McDonough, First Constable, Sandra Trombley, Secretary
Call to Order: Meeting called to order at 6:32 p.m. by Chair, followed by the Pledge of Allegiance.
Agenda Review: Agenda reviewed.
Approve Minutes:
The minutes for June 1, 2009 meeting were reviewed.
Motion by Bob to approve minutes of June 1, 2009. Seconded by Tom. All in favor. So approved.
Review and Sign Orders for Payment:
Bills making their rounds.
Weight Permits: None
Reports from Town Officials & Committees:
Clerk/Treasurer:
Julie stated there is a Selectboard order request to take money from the Cemetery Fund in the bills to pay the $500 for clearing the brush around the cemetery, $1,845 for cleaning and repairing the headstones. Julie stated there is actually a check in the orders and a request to transfer money from the cemetery to reimburse that.
There are 233 registered dogs, 25 delinquent. Brian has the list. Julie talked with him today and he is going to start working on it when he has free time. Julie thinks some of the dogs have passed, due to the age of the dogs, but people haven’t told us.
The delinquent taxes as of this week end were $54,794.83.
Julie gave the Board a copy of the budget versus actual. She highlighted some items that looked like they were over or could become an issue. In particular, the insurance is over because we did the audit for 2008 for workman’s comp and it appears as though we did not correctly receive the insurance liability and workman’s comp from the subcontractors or in lieu of workman’s comp insurance, the hold harmless and non-employee forms were not completed. That cost the Town $3,400. Julie mentioned that as they talk about independent contractors, before they can do work, they need to provide liability insurance and workman’s comp coverage or in lieu of workman’s comp coverage, they have to sign a couple of forms so that the Town does not get hit with the workman’s comp. These are the people that mow the lawn, plow the driveways, paint the windows and clean the furnaces. Julie wanted to explain that the $3,400 was not in the budget, anywhere and will be over. She would encourage the Board, when they approve things to be done, that before these people start their work, they come in to sign forms. She talked with Paul Francoeur and she is all set with him. Before anyone else does work they need to come in and sign forms and show liability insurance. They need to sign a new form every year, they are a yearly form.
Julie explained that the Town has to pay workman’s comp if the subcontractor doesn’t have it, unless they have signed off with the hold harmless forms. Because the Town didn’t have that, it cost the Town $3,400.
Bob stated that all of that paperwork is supposed to be included when they put in a bid for the job.
Julie stated once they have been approved for the job, they must sign forms. They must have proof of liability insurance that includes the Town; as well, and they have to have proof of workman’s comp insurance, or in lieu of that, they have to sign a hold harmless and non-employee agreement.
Julie stated that there has been a rash of sign thefts over on the lake. They’ve lost Glory Lane and Jelly Bean Place which is a private sign. Arlan has replaced a couple other signs; as well.
Road Foreman:
Arlan began with the road signs. Diane stated that for 911 purposes they are supposed to be there. Jelly Bean is private, but the other signs need to be replaced. Glory Lane and Hooker Road need to be replaced. Arlan will get them from Giddings. Prior invoices were reviewed for prices.
Arlan is going to order chloride tomorrow. He got some pricing today. Tom said that we need to think about going to liquid chloride at some point. There was discussion about what equipment would be necessary to use liquid chloride. They would need a holding tank and a cradle. For budgeting purposes, we would probably need to put aside about $4,000 - $4,500.
Arlan used about 13 ton last year. Right now the price is about $408 a ton, delivered. It saves labor. When they start building the budget they need to consider the liquid chloride for 2010 budget. It could be stored outside the shed with a lock.
Jerusalem Road was graded. Dewey Road and Delorm Road have not been done.
Ron had a couple complaints on Dewey Road. There are not two lanes any more. The cedar trees where Bill and Gloria Currie live have grown into the road over the years. Tom said it’s time that something is done. They are in the Town right of way. It is a safety hazard.
Action: Bob will go and talk with Bill and/or Gloria.
Bob mentioned that there was a Red Maple at Bridgmon’s corner that also needs to be trimmed.
It hangs out in the Town’s right of way.
Action: Bob will go and talk with Mrs. Bridgmon.
Listers:
Tim said since our last meeting on June 4th, they did not need to use the extension they got from the State. They filed their Grand List with Julie on schedule and on time. The change of appraisals has been sent out. Grievances are scheduled for June 19, 20, 22, 23, 24. The requests have to be in writing. We’ve only received eight so far.
Cemetery:
Tom reported that Don Durkee did clean the headstones. Gus Letourneau cut the brush around the cemetery. Everything looks good. They had a meeting Thursday night. Just Audrey and Tom attended. The list of stones that were cleaned with an acid solution is in the orders.
Dog Issue:
Brian Webb came to report to the Board about the dog issue. Brian went up to look at the horse and reported that the horse was severely damaged. The horse will survive. The vet stitched the horse up. Brian went over to Sally King’s residence. He gave her two tickets. One for the vicious dog and another for the dog being unregistered. He wanted to give her another one for the dog running at large, but he ran out of tickets. Brian told her that if that dog goes back over on the neighbors property again and threatens them, that he gave them permission to shoot the dog. They are afraid for their life. Brian went to Sally’s house and he was afraid of the dog when he went up to the door. The dog came at the door and wanted to attack him. The dog shouldn’t be in the town period. He said if he could he would go up and take the dog out of there.
Tom said you can impound the dog. Ron stated that if he attacks a person, you can kill it. Tom said that they can give him the authority to get the dog out of town right now because it’s a vicious dog.
Brian said Jessie Disorda had to use force to get the dog off the horse. The dog is a pit bull. Brian doesn’t know who trained the dog, but there is a child in the house, and this dog should not be in the house.
Brian said there was blood all over the horse, and gashes and cuts. The dog was not registered but did have its shots.
Tim has a copy of the Town’s Dog Ordinance. Page 3 talks about impounding it. Diane read some of the passages.
Muffy contacted Diane last night at 10:00 a.m.
Tom explained to Brian that he should request that the dog owner take it to the Humane Society. Brian could let them in. They can control the dog where Brian doesn’t feel he could. Ken thought Brian should call the Humane Society in the morning first to see if they would accept the dog. Give them the option of taking their dog to the Humane Society or Brian will come and take their dog.
Brian told Sally that they need to keep the dog inside. He told her to go look at what her dog did to the horse. Brian said Muffy was concerned how she would get reimbursed for the vet bills.
Brian said that Amy Thiene is the owner of the dog from North Clarendon. She is staying at Sally’s residence. She doesn’t have a job. Sally is paying for everything.
Brian was at Sally’s residence not too long ago and picked up a yellow dog they owned. The dog was registered. The dog was from North Clarendon. So, it was actually Amy’s dog, but Sally came over and got the dog off of Mr. Lee’s property.
Julie called Jeff McDonough the Town Constable. Julie said she doesn’t have any dogs registered under their name. Jeff and Brian are going to Sally’s house and suggest they take the dog on their own to the Humane Society.
The Board scheduled a public hearing. An emergency meeting was scheduled for Wednesday, June 17, 2009 at 6:30 p.m. at the Town Office to investigate the complaint of a vicious dog.
Jeff will serve the public hearing notice to the dog owner(s) requiring their presence at the emergency meeting June 17, 2009. Jeff and Brian went together tonight.
Old Business:
Names for Zoning Board/Planning Commission. At the last meeting, Kate Briggs had suggested the name of Bethany Menkart who had expressed interest in serving on the boards. Diane spoke with her today and Bethany would like her name put before the Selectboard for approval to be named to the Zoning Board/Planning Commission.
Motion by Tom to appoint Bethany Menkart as an alternate. Second by Ron. All in favor. So approved.
Tom said she needs a copy of the Zoning Regulations.
Diane said Charlie Makovec called and inquired about the Zoning Board and Planning Commission. He wanted to know if there were any particular qualifications that one needed. He would like his name taken up for consideration. He is not around through the winter. He very faithfully attends the Regional Planning Meetings. He’s on the Brownsfield Committee and just named to the Act 250 Committee.
Motion by Tom to name Charlie Makovec as the second alternate. Second by Ken. All in favor. So approved.
Action: Diane will contact all parties and let them know they are alternates.
CVPS Easement:
Bob volunteered to talk with Theresa at CVPS. He reported that they don’t move any poles unless they move them back 21 feet, so they are going to move them back to where the stakes are. Theresa is going to talk to Matt Brush about sliding the one down from the driveway corner down the road ten or fifteen feet. That is between Matt Brush and CVPS.
Diane, as Chair, signed the easement on behalf of the Town. Tom witnessed her signature. Julie will notarize.
Leicester Recycling Center:
Our categorical, certification, application expires October 11, 2009. Addison County Solid Waste said they would prepare all the paperwork and do all the application process. The Town has to sign indicating that they are single stream recyclable materials. There is a map showing where the Recycling Center is, the sketch inside the trailer, etc. etc. Diane, as Chair, signed forms on behalf of the Town as land owner and operator.
Diane stated just for everyone’s information that as of August 1st Jim Carroll’s increase is going from $150 to $165 per hour. Diane signed the form as Chair.
Grader:
Tom informed that Stephen Brooks from Ferrisburgh made an offer of $6,000 for the Town’s grader.
Arlan talked with someone who asked if we would take $9,500 for the grader. Arlan wasn’t sure if it was Jimmy Hayes or the Town of Goshen. Tom asked if this was a firm offer or just idle talk.
Motion by Ron to authorize Arlan to contact Jimmy Hayes and let him know that the Town will accept $9,500, for the grader as is, where it is and authorize the Chair to sign bill of sale. Second by Ken. All in favor. So approved.
Mark Watson, Lake Dunmore Road:
Tom reported that apparently, unbeknown to him, a year or two ago, there were promises made. Tom’s not aware of what promises, he wasn’t there. It sounds like the persons that went and investigated it the first time, told him that they were going to do this, this and that and it never happened. Tom thinks he’s going to seek another course. I don’t know if he was talking legal or what. Tom feels that if promises were made to the man and we just throw him under the bus, that isn’t right. It was Arlan, Bob and John McDonough who went out there.
Diane asked Julie if she could get the 2007 minutes from the vault.
Bob stated the most promises made was that they would possibly put a ditch along the edge of the highway right of way, but that they couldn’t do anything on his property because it’s his property; not the Town’s.
Tom told Mr. Watson that the Selectboard had intended and are still intending on putting another culvert in there to relieve the pressure. Watson felt it could be north of there. Tom has since gone around there, even after they were there that night because Mark seemed to think it could. Tom said in the event you did do that, and did some more trenching on the opposite side of the road, you’re still going to have to put a culvert down there on that other camp road that goes in there and it would create another swamp down there.
Ron stated that you can’t just put another culvert in and dump water on somebody else’s property.
Tom couldn’t tell the man anything, because he was there basically to listen to what Mr. Watson had to say.
Bob stated that the culverts are already there. So, he doesn’t know what responsibility they would have if they just enlarged it to take the flow of water flow when it comes.
Ken said that someone said for the last three or four years it’s gone over the highway right there because that culvert could not handle the water. Ken thinks it’s justified to put another culvert in there as they had discussed.
Bob stated he thinks that was there decision the other day. Either to enlarge that one or put another one right beside it.
Motion by Tom to replace the one culvert with two culverts as big as possible as soon as possible. Second by Bob. All in favor. So approved.
Jeff McDonough reported about their visit to Sally King’s residence. There were three ladies. They were very nice. He advised them that they needed to show up at the hearing and defend themselves. They think its somebody else’s dog.
Ken asked if they were taking the dog to the pound tomorrow. Brian stated that they hoped that the Board would discuss that with them at the meeting. The dogs have had their rabies shots.
Brian told them that the dog may have to go to the pound.
Brian and Jeff did not want to go in and examine the dog.
Brian went to the Sweat home and gave them a violation notice. They also have another Boxer. He told them they needed to get that one registered. Julie stated they have registered some of their dogs. They know that he knows they have more than one dog.
The Selectboard would like both Jeff and Brian to attend the hearing on Wednesday night. They will try to make it.
Tom made a motion to add Jeff McDonough as alternate #3 to the Zoning Board/Planning Commission. Second by Ken. All in favor. So approved.
Zoning Board meets again on June 30, 2009 at 6:00 p.m.
Public Opinion: None
Motion by Ken to adjourn. Second by Tom. All in favor. So approved. Adjourned by 8:35 p.m.
Next regularly scheduled meeting July 6, 2009 6:30 p.m.
Respectfully submitted,
Sandra L. Trombley
Selectboard Secretary