Minutes
Town of Swanton Selectboard
Regular Meeting
Tuesday, May 15, 2012
7:00 PM
Swanton Town Office
1 Academy Street
Swanton, VT 05488
Purpose: Regular meeting of the Swanton Selectboard for the month of May 15, 2012.
Present: Chairman John Lavoie; Vice Chairman Daniel Billado; selectmen Richard Thompson, Harold Garrett, and Joel Clark; Town Administrator David Jescavage; Town Clerk Cathy Fournier; Assistant Town Clerk Tanya Remillard; Recording Secretary Leigh Smith; Road Foreman Ed Lamothe; Andrew Judge – Channel 16; Lister Jim Pratt; SVPD Chief Leonard “Joey” Stell; ACO Allan Laroche.
1. Mr. Lavoie called the selectboard meeting to order at 7:08 p.m.
2. Minutes of 5/2/12 Special Selectboard Meeting. Mr. Thompson moved that the selectboard approve the minutes of the above-cited meeting as recorded. Mr. Billado seconded the motion.
Discussion: It was noted that during executive session, the town clerk Cathy Fournier had been present.
The motion to approve the minutes, with the above-cited amendment noted, was carried unanimously.
3. Old Business.
(a) Executive Session was tabled until further in the meeting.
(b) Decker Road – Continued Discussion. It was noted that Decker Road is still a Town Right-of-Way and also a Legal Trail. Mr. Jescavage told the selectboard the Town has no obligation to maintain it. The road on the west side of I-89 was discontinued and that portion reverted to the original owners. It became a Legal Trail at the behest of the selectboard in 1992; no motorized vehicles are allowed on the site. While it is listed as a Legal Trail, its mileage still counts as the State calculates it toward the Town’s appropriations each year. Mr. Billado cited a conversation with local farmer Bob Manning about the matter. Mr. Lamothe said that Decker Road was accessed on 5/10/12 to grade Sweet Hollow Road. It was noted again that it is legal for the Town to go over the road, but not required. The selectboard clarified with Mr. Lamothe that it is permissible for him to run a grader across the road once yearly.
The selectboard discussed their recollections about the Town’s willingness to split expenses with Bob Manning, in an amount not to exceed $1,000 for each annually, toward stone to be spread on Hazard Road.
Mr. Thompson moved that the town administrator draft a Memorandum of Agreement between the Town of Swanton and Robert Manning calling upon each party to expend no more than $1,000 annually toward stone, and to coordinate each party’s spreading of stone on the same day, with the understanding that the Agreement ends upon Mr. Manning’s death or earlier disposition of the subject property, and that if either party should fail to keep their side of the Agreement, such Agreement would become null and void. Mr. Billado seconded the motion. The motion was carried unanimously. It is anticipated that Mr. Jescavage will provide a draft document for the next regular selectboard meeting (on 6/5/12) and that Mr. Manning will be invited to attend.
(c) Mr. Billado asked about efforts to provide sand for the volleyball courts at the Town’s recreational fields. This matter will be tabled until a Joint Legislative Body meeting on 5/23/12.
(d) Hydro seed Mulcher - Mr. Lamothe said that the Town was able to secure access to one under arrangement with its owner, who was not identified, who has agreed the Town may use it when he does not. It is anticipated that Mr. Jescavage will continue to research grant opportunities toward such equipment for the Town’s ownership. Mr. Jescavage said he wanted to check with the VLCT regarding Town liability issues under the current informal agreement.
(e) Abandoned Tires - Mr. Lamothe said that 35-40 abandoned tires on Hazard Road were “a shade out of the Town’s right of way.” The road foreman is anticipated to contact Bob Manning, who has requested their removal. It was noted that it costs the Town $4 each to dispose of tires. Mr. Billado said he would check with a personal office contact to follow up on that person’s earlier expression of interest in taking used tires. Mr. Lamothe said the highway crew picks up at least 5-10 roadside tires every week.
(f) Comstock Road Abandoned Furniture - Mr. Garrett told Mr. Lamothe about these items so the highway crew could plan to dispose of them.
(g) Household Hazardous Waste Day - Swanton’s HHW Day will be Saturday, 5/19/12, at the Town Garage #1 on Fourth Street.
4. Law Enforcement. Swanton Village Police Department’s Chief Leonard “Joey” Stell was present with handouts reviewing his department’s coverage of the Town during the month of April.
(a) There were 14 traffic citations during April, with fines totaling $2,754.
(b) There were 39 calls during the month. Chief Stell pointed to 133 calls total to the SVPD of which 39 were from the Town. He provided a break-down of each call by category. Mr. Thompson asked Stell to edit out the Village’s information in the future. Of the 39 assist calls, it was noted that the Town’s designated patrolman provided one assist to the Village, two as Court service, and one for EMS purposes.
Stell noted that “not classified” calls could be anything from a suicide attempt to petty disputes between neighbors. He said that they are classified this way by Dispatch and that any such calls could, in fact, escalate to another category by the time they are investigated.
(c) Mr. Billado and the police chief discussed a “probation and parole communiqué” following a recent press release from SVPD. Stell said he would forward meeting details to Billado when he learns the discussed meeting’s date. The chief noted Swanton is seeing an influx of probationers with decreased supervision. There are 49 sex offenders alone in Swanton right now. He said there were probably over 200 probationers in Swanton now compared to about 120 several years ago. Stell regards the sex offender habitation notification process as typically reliable.
(d) Chief Stell asked the Selectboard to review his newly-established Citizens Advisory Board to ensure that it is providing the best service and information sharing process with the Town. He said there are five to six officers on call in the Village on weekends. He noted that if the Town agreed to an altered patrolling schedule for the weekends, it could receive nine hours of police coverage at no extra cost. Currently coverage in the Town is from 6 p.m. to 2 a.m. Stell proposed that Town weekends become 5 p.m. to 1 a.m. to allow for shared coverage that would save hours.
Mr. Billado asked about “mixing up the schedule” so problem speed areas can be tracked at random with no prior notice to the public. While stressing his understanding and offering cooperation in the matter, the chief cautioned that he could not attend to the “mix up” as proposed without the likelihood of incurring more overtime costs.
Mr. Billado and the chief also discussed past problem experiences at Jonergin Drive and Brooklyn Street when tractor trailers have tried to access these against Town ordinances. Billado commended the chief for personally responding to an urgent call recently when a tractor trailer became held up at a wrong turn-off from Rte. 78.
It is anticipated that Mr. Billado will meet with Chief Stell to review patrol officer schedules and to request particular coverage for roads that Ed Lamothe also agrees are problem speed areas in the Town.
Mr. Lavoie praised the chief for his department’s visibility within the Town since their contract began.
(e) Chief Stell advised he had just hired a certified truck enforcement officer to his staff. Stell cited recent truck offences caught in the Village.
(f) Mr. Thompson asked the chief to report locations of all speed offences, to which Mr. Stell said he would comply.
(g) Brooklyn Street – Discussion continued, during which Mr. Jescavage pointed out that there have been complaints about semi’s accessing this street because there is insufficient police coverage. The selectboard, road foreman, and police chief discussed petitioning the State to augment clear signage noting the correct turn area into the Industrial Park. Tractor trailers are allegedly turning onto Brooklyn Street because of GPS device cues --- something Mr. Clark said could be remedied by contacting the GPS vendors directly.
5. Animal Control Officer Report. The selectboard reviewed ACO Allan Laroche’s activity report for the month of April.
(a) Ball field dog waste complaint. Mr. Laroche said he had visited the ball field several times, and had even sat there for two hours once, without seeing “a single dog.”
(b) 117 Swanton dogs were not licensed as of the date the Town sent a letter to dog owners, Laroche said. The ACO took to the phones to encourage a number to register their dogs. He said he plans to visit addresses next. Mr. Billado cited past threats to Mr. Laroche in the line of the latter’s duties. Billado directed Laroche to contact police immediately if he is ever threatened again, to which Laroche agreed. Mr. Billado cited the Board’s willingness to make an example of anyone threatening the ACO.
6. General Orders – 4/18/12-5/16/12.
Mr. Billado moved that the selectboard approve the General Orders for the above-cited period as printed. Mr. Clark seconded the motion.
Discussion:
(a) Furnace. Mr. Jescavage noted that Vermont Gas does not perform furnace conversions to VG other than for residential properties. The town administrator also noted that the Town Office’s chimney needs a special liner, for which he is waiting for a quote. He said that someone has looked at the furnace, which is 41 years old. The contractor recommended replacing the furnace with a new gas furnace. The current furnace has no low-water warning gauge, which is against code, Mr. Jescavage said.
The selectboard asked Mr. Jescavage to procure costs for two scenarios: 1) conversion (including what will bring the furnace to code); and 2) replacement. Mr. Thompson said that the furnace passed State inspection sometime within the last two months.
It was noted that local contractor Frank Bellrose is well-certified to convert the furnace to gas, but that he has had little time to date to investigate the site or discuss it with the selectboard. The selectboard reviewed an expense on the General orders of $1,177.09 for Mr. Bellrose, which related to the replacement of the Town Office’s fuel tank because of a leak. Bellrose did not charge for the labor until recently, when the old tank was finally removed.
(b) “Perfection Motorsports” – an expense of $350 (which was actually $325, according to Mr. Lamothe) shall be moved to the Highway Orders. However, the town clerk was advised to wait on this change until another anticipated expense has come in, so she can do it all at once.
The above-cited motion was carried unanimously.
7. Highway Orders – 4/18/12 – 5/16/12.
Mr. Thompson moved that the selectboard approve the Highway Orders for the above-cited period as printed. Mr. Garrett seconded the motion.
Discussion:
(a) Mr. Billado queried a $1,005.13 expense to Clark’s. Mr. Lamothe cited the breakdown, to include three broken springs and a required U-Bolt. Lamothe assured there was a credit slip, which Clark applies to freshly-incurred charges. Credits are considered before the orders are figured, Mrs. Fournier assured.
(b) $89.70 for California Contractors will be the last time the highway crew draws on out-of-town sales calls, Mr. Lamothe said. He noted he draws 80% of his equipment purchases from Town.
(c) Airgas East – It was noted that the Town does not have a contract with this supplier. The Town owns the 80-cubic-foot tanks. Mr. Garrett said that tanks now come with bar codes and chips. Mr. Lamothe said he has a spare set of tanks. The Town got one tank of oxygen and one tank of acetylene. They did not get any tanks last year, Lamothe said. Mr. Lavoie inquired about general shortages of gases.
The above-cited motion was carried unanimously.
8. Payroll – 4/18/12-5/16/12. Mr. Garrett moved that the selectboard approve the orders for the above-cited period as printed. Mr. Billado seconded the motion, which was carried unanimously.
9. Comstock Road Ditching Project - The highway crew’s work on this project has been completed, Mr. Billado said.
10. Safety Audit - Town Safety Officer Tanya Remillard was present with documentation following her inspection on May 15, 2012 for health and workplace safety. It was noted that all is currently well outside of the fire extinguishers needing replenishment. She reviewed matters leading to the purchase of a new trailer for the Town. The selectboard confirmed with Ms. Remillard the extent of her authority whenever she discovers violations. Mr. Billado assured her of the selectboard’s ongoing support.
It is anticipated that Mr. Lamothe will provide hard hats and road safety vests for Messrs Jescavage and Clark. He confirmed sizes with the men.
Ms. Remillard said she will inspect the library and the recreational properties in June for health and workplace safety. The selectboard agreed that the safety officer should not inspect the Town’s railroad depot museum at this time.
Return to 9, Comstock Road Ditching Project. Selectmen discussed a proposed invoice for $4,187.40 to Messrs. Brodeur and Longway to remedy their illicit but allegedly non-malicious ditching violation within the Town’s right of way on Comstock Road. Mr. Lamothe advised that the illegal ditching had not taken the bank out. He said the Town’s crew has cleaned out the ditch. The selectboard noted that 5% grade must relate to slope, not bank, as if applied to the latter, there would have been negligible improvement. The Town’s road is now in compliance. Mr. Lamothe confirmed that the highway crew had applied riprap to the length. The selectboard reviewed documentation labeled Vermont AOT’s Maintenance of Construction of Ditches: General Erosion Control and Sediment Prevention, in which control measures are summarized in a table by slope of ditch. Mr. Clark said that a 5% grade is “a five foot drop over 100 feet.” If the channel slope has a grade of 2.5 to 10%, rip rap is necessary to slow the water down, he added.
11. Road Workshop - Mr. Billado has asked that Messrs. Lamothe and Lapan of the highway crew attend a Northwest Regional Planning road workshop on 5/24/12 at the commission’s Lake Street, St. Albans office. The two are anticipated to attend.
12. Comstock Road Paving Project. Selectmen discussed the schedule for MCI’s anticipated paving of Comstock Road at the rail crossing. The signal crew is due to follow after the paving work. It was noted that the road alignment at the rail-cross has been altered slightly. There is no guard rail anticipated near the site, Mr. Lamothe said.
Return to 9, Comstock Road Ditching Project. Concerning the invoice for $4K, Mr. Billado defended Longway and Brodeur as having had “no intent to do wrong.” Mr. Lavoie cited his earlier conversations with the men in which he said the Town would not charge the pair for stone. Selectmen discussed a Town ordinance already in place that requires a $75 application to come before the selectboard with any incursion on the Town’s right of way. Mr. Lamothe asked if agricultural-related requests would be exempt from this process. Mr. Thompson felt no, everything within the Town’s right of way must be pre-approved by the selectboard.
Mr. Billado felt that the Town may need to make an example of those who violate the ditching ordinance in order to more strongly reinforce it. He acknowledged that the Town had performed the work because of the hazard to the road and Brodeur and Longway’s inability to remedy the situation in a timely manner. Mr. Billado complained about the prospect of the Town’s forgiving the stone expense ($1,127.40) portion of the invoice. Mr. Lamothe pointed out the significant trucking and excavation figures that balance the invoice.
Messrs. Lavoie and Garrett discussed a related unresolved matter involving 75 feet along Bushey Road.
Mr. Lavoie re-stressed that his understanding in conversation with Mr. Longway was that the Town would not charge the farmer or Mr. Brodeur for stone. Mr. Billado agreed.
Mr. Thompson raised his concern that the matter should have been approved by the entire selectboard, and should not set a precedent of one-member assurance to another party. Mr. Lavoie reinforced for Channel 16 viewers that any roadside work accessing the Town’s right-of-way must receive permission by the selectboard first. Mr. Thompson said the matter may not have been resolved with a full awareness of the selectboard. The selectboard once again appealed to Mr. Lamothe and to the public to ensure that the selectboard is notified before any roadside work is undertaken : “everything except a mailbox” has to come before the selectboard, or the Town will charge offenders with liability.
Mr. Garrett said that residents along State roads are prohibited from installing drainage ditches at will.
Result: The selectboard will not charge Messrs. Longway and Brodeur the $4,187.40 trucking, excavation, and stone fee total to remediate the ditch violation along Comstock Road.
13. Name Plaque Idea. Selectmen reviewed paperwork featuring different styles of “perpetual plaques” which have many nameplates featured on them to honor selectboard honorees, including past and present selectboard members, town clerks, and town administrators. Potential vendors are Dinn Brothers and Vermont Trophy and Engraving, the latter of which was quickly ruled out due to cost. Selectmen discussed with Town staff how names of past selectmen and clerks may be retrieved from town records, which go back to the mid 1700s. Mr. Billado asked that town staff collect what names they can and once that occurs, and/or if they hit an impasse, to return to the selectboard at that time.
14. Bald Eagle Picture - Mr. Thompson presented the Town with a framed, engraved picture of a bald eagle he took at Marble Mill Park in late April. It shall be hung on the south wall of the Board room. The picture had been previously published in both the St. Albans Messenger and the Burlington Free Press.
15. Town Website – Discussion. Town Administrator David Jescavage explained the insufficiency of the current town website (KeVa Co.) because of delays and inaccessibility in applying new or changed information.
He proposed the Town consider “Weebly” as a self-serving web service, which he said was easy to learn and free. He had used it previously for his work in Highgate. He said it is easy to upload minutes and agendas and to manipulate design features. He suggested if the Town go with Weebly, the current site could offer a link directly to it.
Mr. Jescavage said that vendors advertising with KeVa Co. had paid a $250 fee “for life” to buy into the site, and were being charged $50 a year to advertise. He felt investors had probably gotten their money’s worth already, and felt it would be of negligible impact to them to see a phase-out of the site with a link to the new one.
It is anticipated that Mr. Jescavage will set up a proposed Weebly site for the selectboard to review. He described that the site can host PDF files of documents which would not allow viewers to tamper with them. He cited the ease with which permits and other documents could be entered on the system. The selectboard encouraged him to continue investigating the new site.
16. Review Symquest Copier Proposal. The selectboard reviewed the town administrator’s paperwork comparing Symquest’s lease program costs for a new model (Canon IR 4051) against the current model (5050N) in the front office. The average monthly lease and service for a new copier would be $280.96, under the current’s $297.28 per month. Mrs. Fournier said that a purchase option estimated $10,704.22 for a new copier. The Town’s current copier contract ends in October. Mrs. Fournier said the Town just had major service performed on the copier again. The new copier would feature a 3-hole punch attachment for under $500. She said that under a purchase option, service and cartridges would be under a monthly service plan of $41.49. The lease, she said would cost $2900 more over five years, but includes the maintenance agreement in it.
The new Canon is anticipated to allow scanning in color and creation of PDF files direct to e-mail accounts. The Town’s current single-sheet scanner sometimes takes three to four minutes to do one page. Mr. Jescavage cited the potential benefit of selectmen having electronic access to handouts before their meetings.
Mr. Thompson moved that the Town engage in a lease program for the new Canon IR 4051 as proposed. Mr. Clark seconded the motion.
Discussion: The lease will be for five years. Canon will take away the old machine. Mr. Garrett said he was opposed to the lease, saying the Town would be paying 25% more. However, others countered, the Town has no money to buy a copier, either. Mr. Garrett said there was $6500 and $3850, respectively in the General account to do so. Mrs. Fournier pointed out that the Zoning Administrator is due to get a new computer, and that Lister Jim Pratt’s is failing.
The above-cited motion carried by majority, with Mr. Garrett voting against.
Mr. Jescavage will arrange for the contract between the Town and Symquest to expedite delivery.
17. Twin Town Tougouni’s Kawory Berthe of Mali, Africa – Update. Recording secretary, Leigh Smith, said there was no news on the Mali uprising leading to a coup that has resulted in Swanton’s Twin Town contact there, Kawory Berthe’s, receiving no pay (for his job teaching English) for some months. Her appeal to the Town recently on his behalf has resulted in one contact from the school department, and two local officials’, private donations toward Berthe’s cause. It is hoped that other Swanton residents who wish to support Berthe during this time of trouble, contact Smith in care of the Town office.
18. Equipment Tax Discussion. Lister Jim Pratt was present to continue previous discussions the selectboard has had about whether the Town shall continue to charge businesses for equipment (personal property) tax. Mr. Pratt handed out information on Personal Property for 4/1/11-3/31/12 (see attachment to these Minutes). These include “everyone” who received and paid a tax last year, Pratt said.
A second sheet (also included as an attachment to these Minutes) was labeled Town of Swanton Tax Rate for 4/1/11-3/31/12. Selectmen reviewed the potential impact to Swanton Village and Town property owners, respectively, were the PP tax eliminated.
Pratt estimates that, if eliminated, the average cost to Village residents (with a $156K average home assessment) would be $5.31. For Town residents (with a $222K average home assessment), it would be $14.02.
Mr. Pratt stressed that the selectboard would need to have the elimination of the tax pass by the voters.
Mr. Clark asked why the elimination was being considered. Mr. Garrett explained that the Town has a list of businesses but within this list there are evident omissions. Business owners and lister Jim Pratt alike note they are not appraisers and the estimation of equipment value is dubious. Businesses already pay a higher tax rate than homeowners, Mr. Garrett said.
Mr. Clark asked why the Town couldn’t restructure the taxes to businesses overall if the tax is eliminated, and not have homeowners affected. Mr. Garrett cited that businesses are already paying for more for such things as utilities, School tax, phone, and that they employ local people. He said he wants to see it spread over the entire base of taxpayers. Clark proposed that if the tax is eliminated, then the Town should propose to cut $22,000 elsewhere to make up for its loss. Mr. Billado said that without the PP tax, the Village and Town won’t receive $38K that it now does. He feels it unfair to have homeowners assume the tax when it is not they who have the business. Mr. Clark said the Joint Legislative Body should provide input on the matter.
Mr. Garrett complained that if the equipment value is assessed at less than $3,500, it’s approximately $2.50 for a tax bill. He continued that he sees businesses that should be on the list and aren’t taxed.
Mr. Pratt said the Town does need an updated list of all businesses. He said there is no reason why this information couldn’t be carried in the listers’ current program. However, he said that businesses go back over many years and there are some the listers never knew were there. Mr. Billado said that “if the Town can keep track of the number of dogs, it should know the number of its businesses.” Mr. Thompson characterized it as “the only tax in the world on the honor system.”
Mr. Pratt said that lease companies are increasingly providing equipment information for taxation to the listers now. Mr. Lavoie agreed with Mr. Clark that the matters should continue discussion at the upcoming Joint Legislative Body meeting (5/23/12). It is anticipated that Mr. Pratt will join the JLB for discussion on that date.
19. Personnel & Contracts – Executive Session.
Mr. Billado moved that the selectboard enter executive session for the purpose of discussing personnel and contracts. Mr. Garrett seconded the motion, which was carried unanimously.
The selectboard entered executive session at 9:30 p.m. Present: Selectboard, town clerk, town administrator, recording secretary, lister Jim Pratt.
Mr. Billado moved that the selectboard exit executive session, seconded by Mr. Garrett and carried unanimously. The selectboard exited executive session at 10:12 p.m.
Results:
1. The selectboard met with Lister Jim Pratt. No action taken.
2. The selectboard discussed contractual matters relative to the Tri-Town Committee, with John Lavoie. They authorized Mr. Lavoie to sign the contract discussed during executive session.
3. Mr. Garrett moved that the Town henceforth terminate its contract with the Town of Swanton’s current vendor for cleaning services, under terms allowed in said Contract’s section “Term and Price, paragraph 3, which notes that either party may terminate the contract by giving the other party 30 days’ written notice. Mr. Thompson seconded the motion, which was carried unanimously.
It is anticipated that Mr. Jescavage will draw up a letter for Mr. Thompson to sign on 5/16/12 based upon the above-cited motion. Mr. Jescavage will also arrange for deactivation of the vendor’s security code to access the town office.
20. Any Other Necessary Business.
(a) Mr. Billado moved that the selectboard should rotate its chairmanship every two years. Mr. Thompson seconded the motion, which was carried unanimously.
(b) The selectboard approved Mr. Jescavage’s prospective attendance at a 5/31/12 VLCT workshop in Montpelier on Labor and Employment Law.
21. Correspondence.
(a) Review of 5/14/12 letter of David Jescavage to Lora McCallister of FNSU regarding economic trends in Swanton, including some employment category and housing information. The letter was written in response to a request for information supporting an application for funds for a new roof for Swanton’s elementary school.
22. Public Comment - None.
23. Discussion of Swanton Village Electrical Tax & BC/BS Premiums. The Town Clerk has asked about an order schedule in which service fees are added by certain sources when the selectboard reviews orders on the 3rd week of the month. This includes Swanton Village Electrical Tax and Blue Cross/Blue Shield. It was noted that BC/BS is due June 1st but will be paid before the next orders. Mrs. Fournier asked if orders should come before the selectboard before their first meeting to avoid the service fees. Discussion of Clark’s credit handling. The selectboard wants a policy whereby any credit is returned as money to the Town, not kept toward future purchases. The selectboard authorized Mrs. Fournier to pay forward on “known bills” to avoid service fees, and to query the selectboard if in question.
24. Adjourn. Mr. Billado moved that the selectboard adjourn their regular meeting, seconded by Mr. Thompson and carried unanimously. There being no further business at hand, Chairman Lavoie adjourned the meeting at 10:27 p.m.
Typed on May 17, 2012
Minutes by Leigh Smith
Received and filed by:
_______________________________ ______________________________
Cathy Fournier, Swanton Town Clerk Date