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Meeting Minutes

Town of Leicester

Selectboard Meeting Minutes


Monday, July 20, 2009




** 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, Kate Briggs, Charles Johnson, Sandra Trombley, Secretary, Jeff McDonough arrived toward the end of meeting.


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 of July 6, 2009 and July 9, 2009:


The minutes for July 6, 2009 meeting were reviewed. 


Motion by Tom to approve minutes of July 6, 2009.   Second by Ken.  All in favor.  So approved.


The minutes of July 9, 2009, Special Meeting were reviewed.


Motion by Tom to approve minutes of July 9, 2009 with correction of date from June 9 to July 9.  Second by Ron.  All in favor.  So approved with correction.


Review and Sign Orders for Payment:


Bills making their rounds. 


Julie reported the grant was in there and property evaluation bill that the  Chair has to sign.  The letter of agreement for computer appraisal services states the Town of Leicester has to pay the State of Vermont $201.89 for the use of the Marshall & Swift cost tables through June 2010.  There is money to pay for it, so with everyone’s approval Chair signed invoice for property evaluation and renewal for license.


Julie reported the other thing in the bills was the Selectmen’s Order for the money from the Ancient Roads that the Board approved from the last meeting.  It needs Board’s signatures.


Julie explained that the Red Flag Rule is for identity theft and is made for creditors.  Creditors are people that extend credit.  Some municipalities have utilities, some municipalities have sewer and other things that they extend credit to people and therefore become creditors.  The only thing that we actually bill out to people are taxes and taxes are exempt from the Red Flag Rule.  Julie sent this up to the lawyer’s office and Peter reviewed it as well and he sent a letter back concurring that we do not and he also does not feel that we are required to have an identity theft procedure for the Town under the Red Flag Rule, however, because we don’t feel that we need to have it, in an open meeting the Selectboard Chair has to make a motion and say specifically that you have taken a risk assessment  and don’t feel you qualify for the Red Flag Rule the Board has to approve.  Every year you have to do this.  If anything changes, and the Town becomes a creditor, we would have to implement a Red Flag Rule identity theft procedure.  It has to be implemented by August 1st.  The Chair has to make the motion.


Action:  Diane made a motion and read, if a municipality believes the Red Flag Rule does not apply it should state in as much on the record during the course of an open meeting.  This could be accomplished by having a legislative body asks of itself, the Town Manager, Finance Officer, Clerk or Treasurer whether it meets the FTC’s definition of financial institution or creditor and whether it offers or maintains covered accounts.  If the answer to these questions is “no” then the Chair of the legislative body should move that after conducting a risk assessment and based on the lawyer’s assessment, as well, and determining that the Red Flag’s Rule does not apply, the municipality will not implement a written identity theft prevention program and let the minutes reflect the legislative body considered the application and determined it was not applicable.


Ken made a second that the Red Flag Rule does not apply and we will not implement a written identity theft prevention program.  All in favor.  So approved.


Reports from Town Officials & Committees: 




Julie received a call from the Lanphear residence regarding the Pit Bull dog.  They do not have the Pit Bull on their property and have not seen the dog since the time that it left to live at the Billing’s residence.  She indicated that there is a small child on the property and she would not let the dog on their property.


Julie has not heard anything from the Town Clerk’s of Bristol or Lincoln.


The Grant.  The checks that you approved at the last meeting, as well as the transfer of funds, are in the bills.  The work is continuing to hit the August deadline. 


Julie has made an appointment with Royal Glass & Lock.  They will be here tomorrow to change locks.  The locks on the door are going to be different so that each door has a different lock and key. 


Julie typed a sample statement for the Board’s review.  There is a place for name, title, date, key code and door number.  The person signing the form would be agreeing to following: 

·     I will under no circumstances allow anyone other than myself to use the key unless so noted and recorded with the Town Clerk.

·     I will ensure that all doors are locked and secure upon exiting the Town Office.

·     I will report immediately to the Town Clerk any loss or damage of the key

·     I will immediately return the key to the Town Clerk should I no longer need it or I am no longer in my current position.


Julie will add something that states that loss of the key may result in being responsible for the cost of replacement at the discretion of the Selectboard.  Something like that.


Action:  The Selectboard authorized Julie to type the form for use.


Julie stated they will be non-reproducible keys and a dead bolt.  The Board has approved 15 keys.  Julie would like the Board to approve 16 or 17 depending on how many they bring tomorrow.  The locks are going to be different so Julie asked them to bring 8 keys for each door. 


Tom made a motion to approve one or two more keys for the door locks.  Second by Ron.  All in favor.  So approved.


Delinquent taxes are currently at $45,142.05 and Julie just received another $1,500 that is not in this number. 


Dog licenses are nearly non-existent.  She has done one new dog license.  Julie is still waiting on Brian to let her know if he’s contacted anybody.  Julie knows he has given a couple of citations because she’s received paperwork from the judiciary bureau and they are adding the fines.


The audit that the Board requested for Workers Comp and the fee and why we paid for it and what the process was as far as the hold harmless and the non-employee work agreement.  Julie contacted the girl that did the audit.  She is no longer our rep for this area.  So, it is someone different.  Her name is Lisa and when Julie spoke to her she was hoping that she wouldn’t have to come before the Board and could just talk with Julie.  Julie explained that she really needs to come before the Board and she should bring someone with her.  She will bring herself and an underwriter who is very familiar with this.  They are looking to come down to the August 3rd meeting. 


Julie explained to her the type of things that we had.  In particular, how we deal with someone who is incorporated and does not have workman’s comp.  We do have someone that works for us that is that way.  Both her suggestion and the previous auditor’s suggestion was that we have them sign the non-employee agreement even though the non-employee agreement says they are an un-incorporated business.  Julie told them she would not have anyone sign anything that was false.  Julie gave them other examples of things we were concerned about as well.  She does have a good idea of the types of questions the Board has.


Today was the deadline for appeals for assessments.  Julie has received 5, of which 4 are valid to be seen by the BCA.  One property was purchased after April 1st, so they can’t appeal it because they didn’t own it on April 1st.  Julie is looking to schedule that meeting on July 29, 2009, which is next Wednesday.  She will be sending out notices to all BCA members and listers.  In that meeting, as well, she wants to review the checklist.  Start at 6:00 p.m.


Julie wanted to mention that the shoes on the lines are still there.  Julie will be happy to call someone.


Julie has been having problems with the phones for a couple months.  She has been dealing with Comcast.  Right now it looks like they have fixed it.  They replaced every piece of equipment on the inside of the building, they verified the lines and they actually shut off service to this area and replaced equipment on the pole.  So far, so good.  It’s been very difficult because the phone hangs up on customers.  Julie calls them back to explain that she didn’t hang up on them. 


Zoning Administrator:


Kate wrote a letter to Mr. Smith that she signed and attached the minutes of the July 6, 2009 meeting.  Presented it to Board for approval.  Letter was approved.


Two weeks ago Kate went to a meeting of zoning administrators hosted by Vermont League of Cities and Towns and it was to talk about procedures and applications.  It was very helpful.  There was a cross-section of people from larger towns and smaller towns.  Kate said she learned a lot and learned how little she knew; especially about wetlands. 


They brought up that there are planning grants again this year.  She spent some time talking to Mark Wilch who is the Zoning Administrator in Salisbury.  They got a grant last year and they have just adopted new zoning by-laws.  Kate downloaded the 102 page document.  We want to do our by-laws, but she doesn’t think we want to do more, but maybe less.  Written a little more concisely and more user friendly.  Salisbury’s is really elaborate. 


Salisbury is having a meeting on July 29, 2009 with Regional Planning people to go through all of this and they invited Kate to go.  She thinks she will go to learn something.  Just for the discussion of why they did certain things.  Example:  they have very elaborate language about coverage and the definition of coverage which some people have talked about that maybe we should have or maybe we shouldn’t have.  Assuming we are successful in getting the grant, Kate thinks it would helpful to us.  Salisbury has a bunch of issues that probably don’t apply to us, but to some degree we might want to coordinate what we do with respect to Lake Dunmore.  Everything else, we should do what we want to do.  We maybe should have some consistency, just because it would be easier to deal with people, if where possible and where we agree, we have a similar approach, as opposed to totally different  language and totally different way of describing things.  It leads to confusion and an awful lot of the source information for people around the lake is from realtors and contractors.  If they are trying to deal with two very different sets of rules they disseminate a lot of misinformation.


Kate also brought up the question about the situation with the Watsons.   She asked if there was anything we could do and they told her it wasn’t something you can do, but something you have to do.  This is clearly a zoning violation by Coombs.  The construction of the pond.


Kate thought if the Town wanted her to, with the thought we might get some participation from the property owner, she could look into what happened and when.  Someone suggested the county forester might be a person to consult, or maybe some other State people.  Kate feels some responsibility to look into it.  Maybe an object lesson even if we don’t go too far with it.  But at least bring it to someone’s attention that you really can’t do this.


Ron stated that we have settled with all the other property owners and they are happy. 


Tom stated they would prefer to just let things go at this point.  Everyone is happy.


Kate stated that there is no statute of limitations on something like this.  


Kate stated that when we send out the notice in the tax bills that we explain that zoning is land use, not just construction.


Kate mentioned that the zoning meeting on July 28th is when the Brogan’s that put their drive way in on Mr. Smith’s property in part on Hooker Road, are going to be here to talk about their deck.  If you wanted to talk about their driveway at that time.  They obtained no permit for that.  Kate’s not sure where that stands exactly.  There is a 23’ piece of property between a half driveway that’s already been a problem and their driveway and it doesn’t belong to either one of them.  It actually belongs to Jeff Smith. 


Ken questioned the invoice for the two culverts installed on Rte 53 Friday, July 10th.  Ken asked Arlan  to explain the 21 hours for the tandem truck.  Arlan said they had used both trucks.  Tom stated that it should have been written down as two trucks, but that is not the way it is written on the invoice.  That is both Arlan’s and Scott’s truck. 


Arlan explained that the culverts were for the Rte 53 project and for down by John Nicklaw’s, a different project on Cram Road.


Ken asked if all the Rte 53 project was done.  The west side was done.  Ken asked if Arlan widened his little brook next to the road in the Town’s right of way.  Ken stated that they had agreed to do from the culvert back to just what was in the Town right of way.  It follows the road up in front of his house and bends off toward his house.  He was asking that we widen that.  We did agree to widen. 


The Town did agree to widen the ditch on the east side of the road that’s within the Town’s right of way.  Arlan needs to finish the project.



Road Forman:


Arlan reported that they had put a culvert in on Cram Road, added 8’ and did some ditching down there. 


Arlan had this guy come up and look at the grader, John Jozwiak from Center Rutland and he actually went up with Scott and graded a little bit on the road up here.  Arlan has not heard back from him.  Arlan had talked with him and one problem was that we didn’t have the control valve that runs the snow wing and that’s what he wants to do with it, to plow snow.  He would buy it, but the control valve that runs the wing is not there.  Without that, he probably is not as interested as he would be with it.


Arlan stated that another problem is the mow board is cracked and should be welded. 




Motion by Ron to authorized Arlan to get more information and report back.  Second by Ken.  One abstention: Tom


They cut brush on one side of Maple St.


Diane asked Arlan if the Watson project had been paved over.  Arlan wanted to wait until things settled. 


Bob said that Arlan should probably put some bump signs out. 


Arlan may go look at a lime spreader.




Tim stated that as Julie had already reported, there are 5 for the hearings.  One will be turned away because of the time frame of the ownership.  One of the four will be very quick, as well, because that’s on a previous grievance that was turned down by the State so that should be a quickie for us. 


Everything is going good. 


Tim had some added input on the keys.  As far as the listers, and he is by no means saying he wants a key to the building, but right now in your list of rules you can’t give a key out to anybody.  Cecile, as Chair, has a key.  If she can’t work because of Court, we can’t get in.  So, that is something you might consider giving another key to one lister or simply having a spare key for sign out from the Town Clerk.  Where if we were coming in, I think that would probably be the easiest way, that way we wouldn’t have to accept a key.  I’m not asking for a key, but we can just come in if Cecile tells us that on this date she cannot make it, we could get with Julie and have a key log, we sign it out, use it for that day, we bring it back and sign it back in. 




The Board agreed with Tim’s proposal.


Cemetery Committee:


Tom reported that they did meet last Thursday night.  When Don Durkee cleaned the head stones there were two that he forgot.  We would like the Board’s ok to do the stones. 


Ken asked what other town’s do in regard to paying for cleaning stones in the cemeteries.  Tom explained that it’s been the policy and the Town has always done the upkeep for the cemetery.  We have received grants.  We have done the drainage.  We do have money set aside for fencing that we are going to look into.  Basically that is the only care that goes into the cemetery, other than mowing, etc.  There is a lot price on it.  We call it a donation because legally we can’t ask for a set amount. 


Ken asked for an explanation.  Tom explained that the land years ago were actually deeded for the use of Leicester residents.  In order to do any sort of care there has always been a donation of $15, way back.  Now it is $125 which is still cheap for a cemetery lot.  It was all surveyed and all the lots are  laid out now.  The drainage was done.  We are trying to keep it up.  We got a Walter Cerf grant to do part of the drainage.


Bob made a motion to authorize Tom to contact Don Durkee to do the two remaining head stones.  Second by Ken.  All in favor.  So approved.



Old Business:


To discuss the Town of Salisbury’s access permit ordinance. 


Tom said just change the name.  Diane had some questions.  Some information was missing.   There was more discussion.  Without the permit to look at we are just spinning our wheels. 


Motion by Ken to table discussion on driveway access until we have actual permit.  Second by Tom.  All in favor.  So approved. 


Diane reported that the Vermont League of Cities and Towns is looking for information on our Municipal Energy Coordinator.  To the best of her knowledge, Ray Lalumiere is our Energy Coordinator.  With the Board’s permission, Diane will take this and contact Ray and have him give her the information.  Ok with the Board.


Public Opinion:  Sandy asked if the weeds could be weed-whacked over at the Town Shed where she has to post notices.  They are taller than she is and she has to crawl through them to get into the public notice box.


Arlan will take care of it. 


Diane commented that one of the things that will be happening after next Wednesday will be setting the tax rate for the upcoming year.  Yes, there will be an increase.  It’s on the school portion, not the town.


Executive Session: 


Motion by Tom to go into executive session to have a brief discussion with Jeff McDonough.  Second by Ken.  All in favor.  So approved to go into executive session at 7:50 p.m.


Motion by Tom to come out of Executive Session at 8:17 p.m.  Second by Ron.  Passed unanimously.


Motion by Ken to authorize the Chair to write a letter to Mr. T. Otis indicating that we had met with Jeff and advising him (Otis) about his dog.  Second by Tom.   Passed unanimously.


Motion by Bob to adjourn at 8:20 p.m..  Second by Ron and Ken.  Passed unanimously. 


 Adjourned by 8:20 p.m.


Next regularly scheduled meeting August 3, 2009  6:30 p.m.



Respectfully submitted,



Sandra L. Trombley

Selectboard Secretary