Meeting Minutes
Town of Leicester
Selectboard Meeting Minutes
Monday, June 1, 2009
*Unapproved*
** See subsequent minutes for any changes
Members Present: Diane Benware, Bob Oliver, Ken Young, Tom Barker
Absent: Ron Fiske
Others Present: Julie Delphia, Arlan Pidgeon, Tim Johnson, Bonnie & Charlie Johnson, Kate Briggs, Donna Swinington, Gerry Flint, Tweeter Felion, Mark Watson, Sandra Trombley, Secretary
Call to Order: Meeting called to order at 6:34 p.m. by Chair, followed by the Pledge of Allegiance.
The Chair requested that they put aside the agenda for a little bit, since there were members of the Zoning Board and Planning Commission here at the Board’s request, to let them have a chance to speak to the Board first and then Board will go back to the agenda, unless there are any objections. No objections.
Chair clarified with Donna Swinington that the Planning Commission and the Zoning Board are two different entities at this time. They weren’t earlier. The Chair asked Donna for a little background as to how they got to this point.
Donna explained that Heidi Schuerger went to municipal planning and she came back and we went to the Selectboard and asked if they wanted us to become a Develop Review Board and the answer was “no”. So reading the law as it is stated here, according to 24 VSA 4461, the Planning Commission may serve as Zoning Board of Adjustment for a rural town or urban municipality. Municipalities, who have small population and little permit activities, sometimes choose this option; however, this joint function is not recommended.
Tom commented that it’s not a joint function if you adjourn one meeting and go into another meeting. Gerry stated you can’t do that. You are not supposed to adjourn one meeting and go into the next in the same night. There’s a clause somewhere that says that. Tom commented that he would like to see that clause. Gerry stated it exists.
Donna explained that last week we had three hearings. She stated that she doesn’t care to stay here half the night if the hearings get very complicated. We only had three members on these Boards all winter since last September. We went ahead and put in a grant because we need to do a new town plan or revised town plan. We were hopeful that we would be able to fill both boards. People had come forward and said to us; I’d like to plan maybe, or I would like to be on the Zoning Board. But they didn’t want to be there two nights a month. Nobody can blame them, people who work. The State doesn’t recommend the two boards being together. We decided that this is our town plan time; the Planning Commission would be able to proceed with their time, once a month with the Town Plan.
Tom asked, with as few members as you have had, is it hard to get a quorum? Donna stated, no, we’ve always had a quorum. Gerry stated that they have been fortunate. Donna stated that Shelley, Gerry and herself call one another and make contact. That’s why we were so delighted when Tim and Peter decided to join us in May. When we were talking with them we went into the business of Zoning Board and Planning Commission. Eventually as we get more members we would like to divide it into two boards again.
Donna stated had we gotten our grant, Shelley and Donna planned on working during the week, without Gerry as Gerry works full time. Shelley retired the first of the year. We didn’t get our grant money; so therefore, we couldn’t go to regional planning.
Tom stated that as a board you could have appointed people to that committee, we did that in the past. Donna stated that we couldn’t get anybody to join; appoint…. Tom stated that if you (Donna), Gerry and Shelley met as a board and said that you and Shelley were going to work on it, and then it happened, I don’t see where that wouldn’t work. Donna stated she didn’t understand what the problem is when the law says…. Tom stated, looking at the minutes, it looks like you’re having a problem getting a quorum together, enough people. Donna stated that the Selectmen have advertised for close to nine months to get the two members we got in May and I personally think that they were solicited through Bob and whomever to get Tim, thank goodness. We have had several suggestions of people who might be interested. Gerry has contacted them, Heidi has contacted them, and they were not interested. The Chair asked, because it was a joint board? Donna said yes, people thought maybe if it was separated people might come to plan or might come to do ZBA one time a month.
Chair: So, the Planning Commission it seems is less crucial that there be a quorum. Would that be right? Tom commented that the board could meet and appoint Donna and Shelley. Donna commented that she and Shelley have been appointed as the committee to write the Town Plan. Gerry is working full time and he doesn’t have the flexibility to go to Addison County Regional Planning and do things during the day. That’s the reason it was broken down the way it was.
Chair commented the ad will appear in the paper again this week under Leicester news. It seems that finding someone for the Zoning Board is priority, because there are hearings, etc., etc., and that historically there has been difficulty getting everybody to be there to have a quorum. Energy should be put into finding people to serve on the ZBA board, not to say that we shouldn’t be finding Planning Commission people, but because there are decisions that need to be made, we need to put our energy there. The work load should be spread out and there should be more people involved. Donna stated that it is much more appealing if it’s one meeting a month, but if you say that some will be working during the day and meeting two times a month on a volunteer basis; it’s quite a bit to ask of anyone. Gerry commented that it could be as much as three meetings a month, very easily, because of hearings.
Kate commented that people are somewhat reluctant to serve on the ZBA because there is more controversy; where the Planning Commission is more neutral. The ZBA does make decision that could make them unpopular. If they didn’t have to do both, I think you could recruit people to be on the Planning Commission. The ZBA will always be a problem, but I think there does need to be an alternate.
Donna agrees we should fill the ZBA first and then the Planning Commission. We have five members, with possibly losing one in the near future, and no alternate.
Kate commented that she can help with the application process to make it less painful and make sure the applicant has filled things out correctly before it comes to the ZBA. It will make things better over time and the position on the ZBA more appealing.
Action: All will try to find someone to contact to see if they would serve; hopefully a couple positions on the ZBA first, but either interest them in either the Zoning Board or Planning Commission.
Donna informed that over the winter they had revised several of the different forms that they use and they added a checklist that they were going to give to Andrew so that it laid out his job. Shelley has done a great job. She has cleaned up every one of our different forms. Shelley has all this on her computer.
Next step is to present the revised forms to the Selectboard and get their approval.
Donna stated that after we get approval of the revised forms, we have to break off and begin working on the Town Plan. Before we can re-apply for money in another grant application this fall, we have to show that we have started on the plan. Regional Planning will come and tell us our options.
Tim asked Donna what the process was for using the forms that Shelley revised. Do they have to be approved by the Selectboard or is it internal with the ZBA? He thought Shelley’s revisions were great, precise and clear step by step and we shouldn’t be waiting to use them. We should be using them now. Donna said once the final drafts were done, we would show them to the Selectboard as a matter of courtesy. Kate is going to meet with the ZBA on June 10th to talk about the form. Shelley gave the forms to Kate. Kate has added some recommendations clarifying the issues about driveway permits. Also, she has to do the monthly census form about new housing starts. It asks the question of an approximate guess of what the new construction would cost. There are some other things Kate wants the ZBA to look at for the document flow to reduce the duplication, the copying, the confusion.
Action: Shelley and Donna will start the work, such as it might be, for re-doing the Town Plan.
The Planning Commission meets one time per month: 2nd Wednesday 6:00 p.m.
The Zoning Board of Adjustment one time per month: Last Tuesday 6:00 p.m.
Additional ZBA meetings as needed.
Julie commented that she left the forms from Addison County Regional Planning for the ZBA and Planning Commission in their box to update contact information. Julie asked if they could fill this information out. Donna will take the forms and complete them and bring them back.
Agenda Review: Agenda reviewed.
Ken has something for new business. A resident on Delorm Road is tearing up the road when they leave their driveway and he has had some complaints from neighbors. Julie had a call from a neighbor and she referred them to the Sheriff’s Department.
Tweeter Felion is here in regard to power poles.
Approve Minutes:
The minutes for May 18, 2009 meeting were reviewed.
· Tom wanted to clarify on page 4 that his motion on the senior center was to approve Paul to put quarter round on windows and paint windows (not building).
· Julie noted on page 2, paragraph 6, Nimerick should be NEMRC.
· The next sentence should be Julie also requests that the Board authorize Julie to develop a Network Security Policy for Board review.
· Julie noted on page 2, paragraph 3, I’m assuming that the part in parenthesis is just a clarification. Indicate that these are approximate figures previously approved.
Motion by Tom to approve minutes of May 18, 2009 with the aforementioned edits. Seconded by Ken. All in favor. So approved.
Review and Sign Orders for Payment:
Bills making their rounds.
Weight Permits:
Two weight permits. Steve Delphia out of New Haven and Audy Trucking out of Bristol. To Bob for signature.
Reports from Town Officials & Committees:
Clerk/Treasurer:
Julie reported on dogs:
228 registered dogs
36 on delinquent list as of May 30th
Of the 36 delinquent, there are about 10 that, if haven’t already, are probably near passing based on their age. Julie called everyone that had a phone number that was reachable. .Julie mailed out delinquent postcards. Two were returned undelivered, which accounts for three dogs. Julie is going to send the list now to Brian with all of the information of what she has done and what she has gotten back and let him proceed.
Julie put Budget Report on their desk. She also included the summary for expenses and summary for income.
OVUHS payment is done. We should be receiving back the $14,000 over payment early next week.
Julie ended up actually taking $30,000.
Delinquent taxes are currently at $59,293.50. Beth has been in working, getting information and sending information out to delinquents and their bank lien holders.
Julie reported on the computer set-up with NEMRC, we have actually postponed it approximately a month because she spoke with NEMRC, as well as the listers and the lady from the State who is assisting the listers right now. Two of the programs that the listers use are actually behind in revision; enough so they would require some updating that could cause some numbers to be changed based on the tables that were incorrect previously. She requested that we wait until we freeze the grand list before doing this so if there are any glitches it won’t affect the frozen grand list. That will give us time to correct if there are any issues. As soon as the grand list is frozen Julie will schedule a time for them to come down. We will not only be doing the NEMRC part, but we will also be updating the CAMA and APEC software, as well. Julie is not sure what the fee is on that, the lady from the State is going to get that for her.
Re-arranging the office area is partially on hold because rather than trying to do all this moving, when they are in the middle of the grand list, and Julie needs to get her volunteer laborer free.
Road Foreman:
Arlan reported about getting the salt for next winter. We have to call the State of Vermont by June 5, 2009. It appears they want to raise the price of salt by 10%. The State is trying to get a better price by getting what towns want to get it along with the State on the State bid. It is similar to last year.
Action: Arlan will call the State before June 5, 2009.
Arlan will look at culvert at Mike Denis’ on Hooker Road. It needs a culvert across the road and one in the driveway. The water almost went over his road. We talked about it last year, and Selectboard approved to do it.
More grading to be done.
Bob asked what was happening on Hooker Road across from Paul Kelly’s. Arlan hasn’t done anything yet. It rained most of last week. There was discussion about what to do.
Action: Arlan will check it out. Once we determine what needs to be done and do it, then it’s Mr. Kelly’s responsibility. We will draw up something and expect him to sign off on it.
Driveway, 1542 Hooker Road, south of Paul Kelly’s is washing into the road. This is a new driveway and doesn’t have a ditch.
Kate stated that they didn’t get a permit for the driveway. Owners are going to be here this weekend and they wanted to meet with someone and they are willing to do whatever they need to do. They didn’t even see it. They had a contractor do it.
Arlan stated the problem is; they can’t really do anything to fix theirs until we do some ditching and fix Mrs. Hash because there is nowhere for the water to run.
Tom stated that there should be some culverts under those driveways when this is done.
Diane checked and there is $12,778 as of 12/31/08 for culverts/ditching.
Action: Arlan will meet with the owners at 1542 Hooker Road and advise them.
Arlan reported that overhead door has been done.
Zoning Administrator:
Kate asked if there was any general mailing that would go to the out-of-town owners on which we could piggy back some kind of statement about zoning and that they need to get permits for certain things. She’s running into people that didn’t get permits and they say they didn’t know.
Julie stated they have the tax bills which will go out in late summer. September 15 is the deadline. The state is putting in a mailer insert. We could probably do a small third of a page insert.
Chair stated that right now we don’t have a driveway policy. Kate is working on a model for approval for a driveway access permit.
Charlie Johnson thought that years ago, they left it up to Arlan to look at the driveway. Before anyone did a driveway they had to check with Arlan.
Kate stated the problem is that people live out-of-state; they hire a contractor thinking they are getting permits, etc. and they are not.
Chair read a letter from Andrew Menkart on Ember Trail off 53 to the Board. Last year Arlan asked Mr. Menkart for permission to do some ditching on the property south of Ember Trail on 53 belonging to the Churchville Homeowners’ Association. The purpose was to relieve pooling of water from the culvert crossing under 53 just south of Ember Trail and to help direct water south to relieve the standing water at the camps on the east side of 53 in that same area. He gave Arlan verbal permission as he saw fit. Mr. Menkart is submitting this letter as proof so that the Leicester Road Crew could proceed with work without expense to the Association.
Action: Arlan will add this to his “to do” list.
Listers:
Tim reported that they received their extension from the State for the grand list, if needed. They are plugging away as hard and accurately as possible. Their goal is to get it done before the expiration date; even prior to getting the extension.
New Business:
Tweeter Felion got a letter Saturday morning from CVPS that he was holding up progress. He doesn’t want to do that. The three poles that they were talking about they said the Selectmen wanted to move the three poles over in the commons because of the wings on the plow. There’s not many trees in the commons. The ones you have, you should protect. If you set the pole over, the Crimson Maple is going to be trimmed. I would think you would want to save some of the trees that you got instead of letting them hack them up.
Bob explained that what they want to do is; set them back to make room to plow the snow and there is another pole the other side of Matt Brush’s driveway and they want to put it down a little farther and it will give it a clear shot without having to go through the trees to get to the school’s pole. But, there is nothing there that would affect you, I don’t believe.
Tweeter looked at the one out here on Schoolhouse Road. His biggest complaint is that they have been here 70 years; as long as I can remember. Why change them now? If it’s bad for the wing for that plow, you ain’t always going to be road commissioner and he ain’t always going to be selectman, and I’m sure they are going to get by like they did before.
Chair stated: at the last meeting it was explained to us by Matt Brush that CVPS wants to move the pole further in toward his property which will change the angle in which they go from the pole on the east side of his driveway and it goes through a Locust tree, a Maple tree and to the school. He proposed they take the pole and move it further down the line and it will be in direct line to the school. It would still go through his property, but it wouldn’t go through the trees. We told him that it was between him and CVPS. Chair is trying to understand this sketch for easements.
Julie explained the lady from CVPS came before and you know the Board signed the two easements prior; a few meetings ago. Apparently, they were unable to complete and to receive easements from all of the landowners that they needed to. So, she came back and these are new easements as a result of them trying to figure out how to do it another way. The two easements that you signed before have basically been set aside. These are now the new requests.
Tweeter stated the three stakes that are out there by the poles, is where them poles are going. He walked it this morning with her. The one by the tree you’re going to pull it closer to the tree which you will have to trim that tree, eventually. I wouldn’t think you would try to kill the tree.
Bob explained that the two poles that are going to be moved are right here on town property. One is right over at the end of the driveway that comes into the meeting house and the other one is right here by the driveway and there’s one farther down that is on Matt Brush’s property. We don’t have anything to do with that one.
Tom stated that one on the green they have actually changed, so they might have moved that to get it away from the tree, too.
Tweeter commented that the trees are just as important as protecting the historical buildings. Why not leave them just the way they are, the poles. What objection do you got to that? Is it going to better you if you change them? Is it going to better you, or no?
Bob stated that it makes it wider for snow plowing. It’s to clear out the area better so that people can get around better, the school buses and people that come and go.
Tweeter stated they could pull their wing back in. He stated he doesn’t think it’s a very smart move.
Motion made by Tom to take a ten minute recess to go out and look at those poles. Before we go out, let’s hear from our guests.
Mark Watson on 53. He heard the board mention about our cottages. We have been getting a lot of water for the last 10 years. He just heard that the Town was going to dig on the lake side.
Three selectmen were out there, along with Arlan, two years ago and agreed to do it on our side, as well, the east side. That’s what was agreed to be done. Mr. Watson was under the assumption that was going to be done sometime during the year, and now it’s two years later, and we still haven’t had anything done. The camp is ruined.
This is what they would like to do. Watson said they would supply the culverts; that’s what we agreed to do, all three of the camp owners along there and you Arlan and the other Selectmen said they would go all the way down through. But, they had to check on the other side to get permission to trench it, which you’ve got that. We’ve got to get that done. We can’t even use the camp. They haven’t used the camp in three or four years. Two years ago, the Selectboard walked through the camp and gave us a credit on the taxes and now it happened again we’re defeating the purpose here. We’re fighting an endless battle. I know last year was an act of God, but we’ve never had water like this, ever. We’ve got a year round stream running and we don’t need that. If we can get over there and get it trenched down through and get the south culvert fixed at some point and get it trenched. I would like to see up by the north camp, right where it comes down, right where the water is coming from, where it was routed our way, at some point put a culvert right straight across the road there. If not, it’s just going to keep coming down. You can trench all you want, but one culvert is not going to handle all that.
Watson stated that they never had water until the guy up back cleared and re-routed up back. Since then we’ve had a steady stream of water coming down through.
Tom made a motion for the Board go out to look at the situation. Seconded by Ken. All in favor. So approved.
Action: Arlan and the Board will go out to the site tomorrow at 3:45 p.m. Tom will be the contact person.
Motion made by Tom to take a ten minute recess to go out and look at those poles. Seconded by Ken. All in favor. So approved.
Recessed.
Motion by Tom to reconvene. Seconded by Ken. All in favor. So approved.
Regarding the easements from CVPS, we won’t be signing.
Action: Bob will contact Theresa Deserow (sp). at CVPS and report back
Ken brought up that there is a Delorm Road resident that is tearing up the town highway. Ken recommends a carefully drafted letter from the Board stating that the damage to the road is unacceptable and to cease and desist and should this behavior continue, the Selectboard will take the necessary legal steps to eliminate the problem. Thanking them for their consideration.
Motion by Tom to authorize the Chair to send a letter to the resident. Seconded by Ken. All in favor. So approved.
Public Opinion:
Bonnie stated that she hoped that the board has better luck with the Sheriff’s Department than they did last Monday. The Sheriff’s Department was called due to an incident that they should have responded to. Bonnie called and asked if they were in the area. The fellow she talked to said he didn’t think so, but he would call his Sergeant. They waited and they got a call back from him and he said his Sergeant didn’t want to come out on a holiday and they don’t answer any complaints or do anything in Leicester unless they are actually on patrol. So, Brandon police were contacted. They said “no” call your Sheriff’s Department because they couldn’t. So, the State Police had to be called.
Bonnie was in favor of the Sheriff’s Department when it first started if it could help alleviate some of the problems and make the town money. For last month’s bill, did we have to pay out more than was made? The answer was, yes. Bonnie does not agree that they tell us when they come and we can’t tell them when to come. We need them on weekends, on hot nights, terrorizing, when there is speeding going on. They wait to hit somebody going to work. If they aren’t patrolling, then they won’t come. Bonnie doesn’t think it’s paying for itself. Maybe they are getting too familiar.
Tim stated that he thinks we need to take a look at whether their service is beneficial to us.
Julie requests that in the future, if we continue to use the Sheriff’s Department that we ask them not to patrol the days of Town Meeting and Voting Day. Her issue this year was on Voting Day they sat up on the corner and several people got tickets coming up to vote.
Ken noted they were at the Town Shed 8:30 Sunday morning catching people going to church.
Chair reported that in April fines brought in $716 and it cost us $726 for their presence. In March fines brought in $595 and it cost us $727 for their presence. In February fines brought in $1,663 and it cost us $695 for their presence.
Tim asked if that was something the Selectboard could make a decision on?
Tom made a motion to speak to the Sheriff’s Department, Jim Coons. Invite him to come to a Selectboard meeting to meet with the Selectboard and concerned citizens. Second by Ken. All in favor. So approved.
Motion by Tom to adjourn at 8:50 p.m. Second by Ken. All in favor. So approved.
Next regularly scheduled meeting June 15, 2009 6:30 p.m.
Respectfully submitted,
Sandra L. Trombley
Selectboard Secretary