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Minutes - 10-07-19

Town of Leicester
Selectboard Meeting Minutes
Monday, October 7, 2019
** See subsequent minutes for any changes
Members Present: Diane Benware, Tom Barker, John Rouse, Ron Fiske
Members Absent:  Brad Lawes
Others Present:  Julie Delphia, Arlan Pidgeon, Matthew Rickert, Cyd Isleib, Carol Aines, Greg & Linda Moore, Leslie Bienvenue, Sandra Trombley, Secretary
Call to Order:  Meeting called to order at 6:30 p.m. by Chair.  
Pledge of Allegiance:
Review of Agenda: Add to agenda: Class Action decision, Care Projects, Roadway Codes & Standards section to complete, information about Old Jerusalem Road culvert replacement, salt pricing and census.
Delorm Road & Road Concerns:
Introductions were made between the board and attending public.  
Matthew Rickert came to talk about his concerns on Delorm Road.  He explained there is a lot of truck traffic on the road.  He said he was run off the road by one of the dump trucks Friday before last.  He explained he has been driving this road for a few years now and it has been an issue and he has had a couple close calls.  He said he’s talked to other bus drivers who had close calls and he said he knows a couple people who live on the road that have concerns.
Tom asked for a description of the truck.  Mr. Rickert said that all he could see was that the front was blue.  Tom asked him to describe whether light blue, dark blue and he said it was medium blue.  Mr. Rickert didn’t get a look at the company name.  There are so many blue and red trucks.
Diane clarified that he was forced off the road, but managed to get the bus back on the road.  Mr. Rickert explained that the part that he went off was a flat lawn with some driveway.  He explained he got at least half of his bus off the road before.  He didn’t call the police because he didn’t crash or damage anything and he didn’t get a description to give them.
Mr. Rickert explained this was the first time he has gone off the road, but there have been many close calls before.  He didn’t know if it was the same truck.
Diane asked if the issue involves the trucks going too fast.  
Mr. Rickert said no, it was driving in the middle of the road or wrong side of the road.  He said he followed three trucks last night that were either in the middle or totally wrong side of the road.  He doesn’t think it’s an issue with the speed or the maintenance of the road.  He thinks it’s a very well maintained dirt road.  Mr. Rickert’s opinion is that there shouldn’t be trucks on the road.
Arlan explained that there has been a lot of truck traffic on the road because they are working on Rte.73 and Carrara’s trucks are drawing gravel and of course he and Gary Dupoise are drawing to Middlebury.  There has been a lot more traffic in the last year and that will be over in a couple weeks.  Arlan explained in a short period of time, he thinks the problem will go away.
Mr. Rickert stated he has been driving this road for three years and it has always been an issue.
Cyd asked if it’s over in three weeks, will it start again in the spring?   Arlan said it would be a lot less.
Diane confirmed that one of the pits is closed now. 
Mr. Rickert stated the main pit that is the problem is on Blackberry Lane.
There was a question asked whether the road met width requirements.  
Tom stated that it meets road standards.
Tom explained that you have to let commerce work.  He has brought it up several times to the Sheriff’s Department about the farm vehicles; which do not have to meet the requirements that the CDL truckers have to meet.  There is nothing that can be done about farm vehicles.  He has had a problem with a couple trucks using their engine brakes and speed.
Mr. Rickert stated he knows there are other ways to get out of the pit with nicer roads that are wider and paved; down Fern Lake Road and down Rte.73.
Ron recommended writing some letters to them and talking with these people.
John asked about patrolling it.
Julie stated that any truck that works for a municipality on a municipal project or a State truck on a State project maintaining the roads does not have to follow the requirements for other trucks.  They are allowed to drive on any of the roads.  They discussed this with the Sheriff’s Department, Vermont Leagues of Cities and Towns and Town of Brandon.
Julie stated that even if you could get the road shut down to trucks, you could not prevent municipal, state, or farm vehicles from using the road.  They are exempt.
Cyd stated there were 20 farm trucks in one hour on Ferson Road on Saturday.
Linda Moore said they were doing a hay ride with children on Ferson Road and the trucks didn’t slow down.  She stated that Greg was almost driven off the road on Delorm Road one day.  Linda was wondering if there was any way to post a slower speed limit.
It was explained that in order to change a speed limit, there needs to be a traffic study which would take 60-90 days, then if it was approved, it would need to be warned for public meeting.  They would need to change the traffic ordinance.  It would need to be patrolled.  The traffic study is done by the Sheriff’s Department, but it takes a long time.  It’s not a quick fix.
Tom recommended sending a letter from the Selectboard to the truckers and farmers.
Julie has contacted VLCT to ask for some guidance, but she has not heard back from them.
Julie mentioned that speeding in general is happening on the dirt roads; and not just with the trucks.  Since last meeting, she contacted the State Police about Delorm Road.
Mr. Rickert said his brother-in-law works for D&F and he contacted him, and his brother-in-law said the truck drivers don’t care. 
Julie commented that generalizations are dangerous; and to say that none of the driver’s care is inappropriate.  There are probably some drivers that are neglectful, but she said with confidence that the majority of the drivers care very much about this town.
Board’s next steps:
Step 1:  Letter from Selectboard to trucking companies &/or drivers and farmers.
Step 2: Julie will talk with State Police & Mark Stacey & contact Sheriff’s Department ASAP.
Cyd stated there may be some distracted driving going on.  She asked about signage for children playing.  
Tom mentioned there is a certain amount of liability that goes along with the town putting up this signage.
Diane explained the Board meets again on October 21st and will report back.
Approval of September 16, 2019 minutes:
Motion by Tom, second by John, to approve minutes of September 16, 2019 as written. All in favor.  So, approved.
Review/Authorization to Pay Bills:
Tom asked for clarification about how Denton’s invoice reads.  Julie will ask them to change the invoice to read ‘recycling’.    Tom asked about roadside mowing for the year.  Julie verified that the annual amount was ok.
Motion by Tom, second by John, authorizing Julie to pay the bills.  All in favor.  So, approved.
Reports from Town Officials, Committees:
Town Clerk/Treasurer:
Julie mentioned that a representative from Aflac would like to come in to do a quick presentation.
Board approved a 10-minute presentation.
 The new server is being transferred over on Wednesday.
Julie reported that the taxes are coming in very well.
Glenn came in and fixed the ballast in Julie’s office and changed the light bulbs.  He replaced the lights with new LED lights that are 2 ½ x more efficient.
It would cost $13 a section, plus a $60 charge to replace lights in the meeting area with 4x more efficient lights.  He will remove the old ones.
The Board approved with the condition he takes the old bulbs away.
Julie asked Glenn about heat pumps.  He gave a quote of $750 to add a new breaker and disconnect in order to be able to install a heat pump.  There is a state permit fee of $120.
Julie also had him quote the bathroom ventilation exhaust fan installation.  The quote was $690; of which included the $120 state permit.  The bathroom fan is $270, $300 for labor.  
If you wanted to do both projects together, you can put them on one permit for $120 and save $120.
Motion by Tom and second by Ron for Julie to contact Glenn to put in the bathroom exhaust fan.  All in favor.  So, approved.
Board will table heat pump at this time.
Road Foreman:
Arlan did not have a report.
Tom mentioned that the culvert on Ferson Road is hydrological-connected so doesn’t require a permit.  There are five segments that will be brought up to standards for a total of $8,388.
Health Officer:
Animal Control Officer:
John was called about a bat at a B&B.
Cemetery Committee:
Weight Permits None
Discussion of trainings and workshops for roads and highways.  ANR - Investing in clean water.  FEMA procurement training.  Emergency Requisitioning AF Survey – Diane checking on this.
October 29th at Ilsley Library in Middlebury at 1:00 p.m., FEMA is doing a Risk Mapping Assessment & Planning Discovery meeting for the Otter Creek Watershed.  October 30th in Rutland.
Class Action Suit:
Julie explained there is a class action suit about opioids.  Everyone is opting in, unless you want to opt-out.  If you don’t do anything, you opt-in.
Motion by Tom and second by John to not do anything and opt-in.  All in favor.  So, approved.
Census came in to talk with Julie.  They will be sending out letters in March to everyone asking everyone to fill out their census survey on-line.  If you don’t do it on-line, they will get a second letter in the mail asking you to do it by phone, if you don’t do it by phone, then they will send another letter asking you to do it by mail.  If you don’t do it by mail, they will come door to door.
Board approved Julie to put information on the web-site and Front Porch Forum.
Care Project:
Julie and Diane will review the Care Project about citizen’s assistance and bring back October 21st.
Salt Pricing:
Julie stated she has pricing from Cargill, American Rock Salt, and Apalachee pricing.
Motion by Tom and second by Ron to continue with Cargill.  All in favor.  So, approved.
Old Jerusalem Road Culvert:
Julie provided a folder with the signed F & M and the letter about Preliminary Plans and Preliminary Plan Pricing from Corey Burrall.  Overall cost estimates are $1,329,459; including construction engineering and contingencies.   80% Federal, 15% State and 5% Town.
Comments are needed by Friday, November 8, 2019.
Construction planned for 2021.
Diane is planning on writing a Structure’s Grant to help pay for town’s cost.
Roadway Codes & Standards:
The Board needs to complete Section 5 about roadway and reconstructed gravel sub-base.
Diane will complete and bring back on October 21st.
Updates on Senior Center Work:
Tom and John had not heard back from Clover Leaf or Ron Stevers.  Tom and John will call them again tomorrow for an update.  Tom is going to call an outfit in Rutland.
Town Shed:
Motion by Tom to adjourn at 8:04 p.m.  
Next meeting:  Monday, October 21, 2019 
Respectfully submitted,
Sandra L. Trombley
Selectboard Secretary