TOWN OF SWANTON SELECTBOARD 
 MEETING MINUTES
2007

Minutes

Swanton Selectboard Meeting

Swanton Town Office

One Academy St., Swanton, VT

Tuesday, December 4, 2007

7:00 p.m.

Purpose:  Regular meeting for the Swanton Selectboard scheduled for December 2007.

Present:   Harold Garrett, Chairman

                Sherry Holbrook, Selectman & Road Commissioner

                Dan Billado, Vice Chairman

                Richard J. Thompson, Town Administrator

                Leigh Smith, Recording Secretary

                Steve Jackson – Channel 16

                Kevin Lapan, Interim Road Foreman, Swanton Road Crew

                David Barney, Swanton Road Crew

             Chairman Harold Garrett` called the meeting to order at 7:02 p.m.

1.         WATER & SEWER – ST. ALBANS CITY – STATUS.  Mr. Thompson provided an overview of water and sewer district options for St. Albans Town & City following a meeting with two VLCT attorneys and municipal officials the week of 11/26/07.  The options are: (1) Consolidated Water Districts, under Title 24, Ch. 91; (2) Fire Districts; or (3) a Union Municipal District, under Title 24, Chap. 121.  Mr. Thompson reviewed summary details of each option.  The next meeting to discuss District consolidation, which could include the Town of Swanton, will be on 1/10/08 at 1:30 p.m. at St. Albans City Hall.

2.         PROPOSED 2008 BUDGET DISCUSSIONS.   It was noted that Road Commissioner Sherry Holbrook, Town Clerk Doris Raleigh and Town Administrator Dick Thompson will meet sometime the week of 12/10/07 to discuss Highway budget matters in preparation for further discussions of General and Highway at the next selectboard meeting.  Dates were also set for 2008 budget discussions with Missisquoi Valley Rescue (at Highgate, 12/20/07); Library, Recreation & the Allen Agency (1/8/08); and the Swanton Village Fire Dept. (1/15/08).  Mr. Billado requested actual versus proposed 2007 figures for reports before the selectboard’s next meeting.

3.         TRAFFIC STUDY DISCUSSION.  Mr. Thompson provided summary reports from the Northwest Regional Planning Commission (NRPC’s) traffic studies of Bushey and Comstock Roads.  The reports are also compiled in considerably large volumes, which shall be available for public review.  Mr. Thompson advised that a recent newspaper article had unfortunately reflected a figure of 1,460 for actual 2,700 vehicles on Bushey Road over a five-day average.  The traffic study reported that 85% of motorists travel Bushey Road at 60 mph, with a posted speed of 40 mph.  

4.         PARKING ORDINANCE.     Mr. Thompson noted that the Village has not yet acted on an earlier request of the Town for a traffic ordinance to prevent parking on the east side of Church Street abutting the Town Office property.  The grass strip is being destroyed by parked vehicles, Mr. Thompson said.  He will follow up with the Village  when he returns from vacation, he said.

5.         CELL PHONES.         Road Commissioner Holbrook told present road crew members Lapan and Barney that they must pull over to the side of the road if they are driving town equipment and need to speak on their cell phones.  She said she had received complaints of road crew members driving and talking on the phone at the same time.  It was noted that each of the road crew members carry their own personal cell phones.  A phone that former Road Foreman Terry Hakey had is currently unused at the Town garage.  Mrs. Holbrook felt that the Town should update its Personnel Handbook to state that no employee should be driving and talking on the phone while operating town equipment.  Mr. Thompson said he would have the language drafted for the next selectboard meeting (12/18/07).  It was noted that Interim Road Foreman Kevin Lapan does have a pager.  Mr. Garrett directed Mr. Thompson to purchase a “good Verizon cell phone” for business use by the road foreman, in a model featuring both picture-taking capability and voice-activation control.

6.         CENTRAL SCHOOL ISSUES.          Mr. Thompson spoke recently with Principal Julie Benay about two issues: 

            Tobacco Ordinance.   Swanton sixth-graders have inquired about how to initiate a Town ordinance or State statute that would prohibit smoking taking place in vehicles carrying children.  Mr. Thompson has encouraged the group to contact state representatives for a state statute, as it would be more powerful and easier to enforce than a town ordinance.

            Parking Lot Expansion.  The school has received an engineering estimate to expand its parking lot on the easterly side along Bushey Street.  Mrs. Benay was uncertain whether the school would add the cost to its 2008 budget or wait until 2009.

7.         TEEN CENTER – 2008 BUDGET APPROPRIATION.  Mr. Thompson met with Dr. Chiappinelli (“Chip”) and Chris King on 11/29/07 regarding increased use of the local teen center, which administrators believe justifies hiring an additional (part-time) employee.  The Teen Center has a budget of $30,000 outside of utilities and rent.  The budget is raised through grants and fundraising efforts, and Dr. Chip said they had exhausted their efforts toward the $12,000 still needed for another employee.  Mr. Thompson noted that the Swanton Teen Center may be the largest facility of its kind in the state.  Following discussion, Mr. Billado moved that the Selectboard approve entering a $12,000 appropriation item for the Teen Center on the 2008 Meeting Day Ballot; Mrs. Holbrook seconded the motion.  Discussion:  Mr. Garrett said he would not approve the matter yet because he would like a formal letter of request from the Teen Center to the Town first.  Motion carried by majority: Mr. Billado and Mrs. Holbrook in favor, and Mr. Garrett against.  Mr. Thompson said he had told Dr. Chip and Ms. King that they would need to submit a letter anyway, and he is anticipating one.  Mr. Billado informed those present that Dr. Chip’s dad had allegedly passed away on 12/3/07. All in the Town offer their condolences to the Chiappinelli family.

8.         NO PUBLIC COMMENT.

9.         CORRESPONDENCE. 

·        Review of 9/27/07 letter from Jon Anderson of Burak, Anderson & Melloni, PLC re: PILOT Caucus, submitting copies of two memos to Legislative Council members. 

·        State Police Lt. Robert Evans – Weekly Summary Report for week of 11/19/07.

10.       OTHER NECESSARY BUSINESS. 

·        Rail Path Grant – Mr. Thompson said that NMC’s Amy Brewer had spoken to him requesting Swanton’s consent to administer and become the POC for a $20,000 matching grant to support an initial grant for the anticipated construction of a recreation trail from the Missisquoi River to the head of Robin Hood Drive.  NMC’s current grant would act as the matching portion and no funds would be due from the town.  Mr. Thompson suggested that the grant be used to alleviate concerns that landowners have through fences and screening, etc.  In addition, the Town could resolve a concern over an existing but unused cattle crossing.  Mrs. Holbrook moved that the selectboard back NMC in the venture and allow Swanton to become both applicant and administrator for the $20,000 grant as described by Ms. Brewer.  Mr. Billado seconded the motion.  Discussion:  Mr. Garrett said that since the bulk of the rail trail fell in the Village, why didn’t NMC approach the Trustees instead of the Selectboard for this request?  Results:  Mr. Billado and Mrs. Holbrook in favor and Mr. Garrett abstaining.  Motion carried by majority.

11.       MINUTES – 11/20/07 SELECTBOARD MEETING.

            Mr. Billado moved that the selectboard approve the minutes for the above-cited meeting as recorded.  Mrs. Holbrook seconded the motion.  Discussion:  Mr. Garrett noted he was not present and would not vote.  Results:  Mrs. Holbrook and Mr. Billado in favor and Mr. Garrett abstaining.  Motion carried by majority.

12.       ENGINEER REQUEST FOR CSABRAJETZ PROPERTY – 144 LAKEWOOD DR.   The selectboard reviewed engineer Roy Hango’s 11/28/07 request to drive a pipe sleeve under Lakewood Drive for access to wastewater mounds from the above-cited property.  The selectboard approved the request as detailed by the engineer’s plan.

13.       MR. THOMPSON’S TITLE IN NEWSPAPER.   Mrs. Holbrook expressed her frustration that local papers occasionally mis-report Mr. Thompson’s title as “Town Manager” rather than Town Administrator.

14.       GAS REIMBURSEMENT FOR ROAD FOREMAN.   The selectboard discussed with Mr. Lapan the use of his personal pickup truck to inspect roads before sending out road crew during the winter.  Following discussion, and at Mr. Lapan’s preference, the selectboard approved Mr. Lapan’s acquisition of gas for his personal truck for business use in connection with his role as interim road foreman, with such costs being supplied for Town records on a per-use basis.

15.       EXECUTIVE SESSION – PERSONNEL.      Mr. Billado moved that the selectboard enter Executive Session for the purpose of discussing personnel issues.  Mrs. Holbrook seconded the motion which was carried unanimously.  The selectboard moved into executive session at 7:45 p.m. 

            Mr. Billado moved to exit executive session, seconded by Mrs. Holbrook and carried unanimously.  The selectboard exited executive session at 8:52 p.m.

            Results:  The selectboard discussed plowing route concerns with the road crew members present.  It was agreed that plow routes and staffing would remain “as is” until the anticipated hiring of a road foreman. 

16.       ADJOURN.  Mr. Billado moved that the selectboard adjourn its meeting, seconded by Mrs. Holbrook and carried unanimously.  There being no further business at hand, Mr. Garrett adjourned the meeting at 8:52 p.m. 

Typed on December 6, 2007

Minutes by Leigh Smith

Received and filed by: 

_________________________________      ________________________________

Doris H. Raleigh, Town Clerk                           Date

Minutes

Swanton Selectboard Meeting

Swanton Town Office

One Academy St., Swanton, VT

Tuesday, November 20, 2007

7:00 p.m.

Purpose:  Regular meeting for the Swanton Selectboard scheduled for November 2007.

Present:   Sherry Holbrook, Selectman & Road Commissioner

                Dan Billado, Vice Chairman

                Richard J. Thompson, Town Administrator

                Leigh Smith, Recording Secretary

                Steve Scoughton – Channel 16

                Gail Bevins, Assistant Town Clerk

                Susan Collins, Renée Kane, Katherine Winchester – Swanton Library Trustees

                Richard McVicker, Secretary/Treasurer – Memorial United Methodist Church

                Jay Hartman, Chairman, Board of Trustees – Memorial United Methodist Church

                Alvin Ploof, Ray Rose, Tammy Tuttle – Memorial United Methodist Church

                Elizabeth Kane

                Patrick Kane 

            Vice Chairman Dan Billado called the meeting to order at 7:01 p.m. in the absence of Chairman Harold Garrett. 

1.         TRAGIC LOSS OF MVU TEEN NICOLAS FOURNIER.    On behalf of the Town, Mr. Billado openly expressed everyone’s deep condolences to Rene & Cathy Fournier and their extended family and friends following a tragic car accident that claimed the life of their son and former MVU athletic star, Nicolas Fournier, on 11/10/07. 

2.         HIGHWAY ORDERS – 10/17/07 – 11/20/07.   Mrs. Holbrook moved that the selectboard accept the highway orders for the above-cited period as printed.  Mr. Billado seconded the motion, which was carried. 

3.         GENERAL ORDERS – 10/17/07 – 11/20/07. Mrs. Holbrook moved that the selectboard accept the general orders for the above-cited period as printed.  Mr. Billado seconded the motion, which was carried. 

4.         SCHOOL FUND – 10/17/07 – 11/20/07.       The school payment resulting from tax collection was noted as dated 11/5/07 in the amount of $5,896,000.  Mrs. Holbrook moved that the selectboard approve the school fund report for the period shown as printed.  Mr. Billado seconded the motion, which was carried unanimously. 

5.         PAYROLL – 10/17/07 – 11/20/07.     Mrs. Holbrook moved that the selectboard approve the payroll orders for the period shown, seconded by Mr. Billado and carried.   

6.         DRIVEWAY PERMIT – The selectboard signed their approval to a driveway permit, requiring a 15” culvert, for Charles Tucker, located at 242 Champlain Street. 

7.         ROAD CUT ON JONERGIN DRIVE – The selectboard have acknowledged that the road cut to accommodate the extension to Mylan Technologies on Jonergin Drive has resulted in a rough area on which the pavement “still needs to settle.”  Mr. Billado said the town shall “keep its eye on it.”  Mrs. Holbrook felt the site should be graded before it freezes. 

8.         METHODIST CHURCH PARKING LOT – DISCUSSION.    Discussion continued from the last Joint Legislative Body meeting on 11/6/07, at which library trustees were warned their lease with the Methodist Church had expired in 2003, and the Town would no longer assume liability and an inequitable expense to plow and maintain the church’s private lot frequented by library and area business patrons.  Previously, the Town’s highway budget assumed the burden for plowing the lot, but the Village has agreed with the selectboard that both entities should share in the cost, as demonstrated through a library appropriation for a general contractor through its own budget.  Mr. Thompson said that the town’s highway funds which had been approved were good “only until the end of the year [12/31/06].” 

            Mr. Billado emphasized that the Town should not be plowing private property unless there is a lease, although he stressed the Town wants to back an amicable solution for the library and area business patrons’ sake.

            Mr. McVicker of the Methodist Church advised that the church could not assume any liability in allowing public parking without the protection of a lease.  Under terms of the previous lease, it was noted that no public parking could occur between Midnight and 6 a.m., or between the hours of 8 a.m. and 1 p.m. on Sundays.

            Mrs. Holbrook raised the matter of hazardous features of the lot for plowing, including posts and lack of room to maneuver.  Mr. McVicker said that it was “tight only in the library portion of the lot.”

            Mrs. Kane said that the trustees had learned that the Village used to plow the lot.

            Mr. Billado said that the JLB had agreed that both the Town and the Village should equitably contribute to care of the lot, if the library could maintain lease provisions with the church and hire its own contractor to plow and maintain the site.

            Mr. Thompson noted that the original lease had specifically been between the church and the library as parties, and not between the Town and the church.  The previous lease was signed in November of 2001 by Jay Hartman on behalf of the church, and Art Speer on behalf of the library.  It expired in 2003 without anyone’s timely realization.

            Following discussion, the selectboard agreed with the library trustees and church officials present to the following arrangement:

            1.         The former lease shall be retyped to feature new dates and a two-year term (tentatively 11/21/07 – 11/21/09), with anticipated signatories being Jay Hartman for the church, and Shelley Robtoy for the library.

            2.         The Town shall agree to patch a hole that has come to officials’ attention.  The Town shall also provide its road crew and equipment to plow the lot under conditions of the lease through the end of the calendar year (until Midnight on 12/31/06).

            3.         Upon Midnight of 1/1/07, the library shall have engaged a general contractor (a seasonal contract was encouraged) to plow and maintain the subject lot under terms of the updated lease.  It is anticipated that the library shall put within its 2008 budget a line item for such work, with the result that both Town and Village taxpayers shall equitably bear the cost.

            The library trustees thanked the Town for its past efforts in keeping the lot clear for area patrons.  They also acknowledged gratitude to the Village for lighting, ice removal, and to Village President Neal Speer for his work in addressing water problems over recent seasons. 

9.         WATER & SEWER – ST. ALBANS CITY – STATUS.    Mr. Thompson referred to conversation he’d had with Liz Gamache of the St. Albans City Council regarding an 11/15/07 state officials’ visit to the City of Fairfax Water Plant at the St. Albans Reservoir.  A committee is being appointed regarding the formation of a new water district, on which the VLCT expects to be involved.  The matter is of intense interest to the Town of Swanton, which would also like to be involved on the committee because of its investment in a recently-adopted Designated Growth Center off Route 20 in St. Albans Town.  Mr. Thompson said he would advise the selectboard of developments at their next regular selectboard meeting anticipated on 12/4/07.  Mr. Billado stressed that the selectboard  wants to work as closely with St. Albans City and Town as possible concerning the move to unify a district. 

10.       UST REMOVAL STATUS.    Mr. Thompson said he had not received a third quote, as originally anticipated, for removal of the underground storage tank (UST) at the Fourth Street Town garage site.  Two other quotes came in as follows:  $4950 – Environmental Compliance Services, Inc. (“ecs”) of Richmond, VT; and $3100 - KAS, Inc. of Williston, VT.   KAS is able to offer a lower price because they have an equipment operator, who would rely on use of the town’s equipment (excavator), and for the Town to provide fill afterward.  It was noted that either firm engaged would be solely responsible were the UST to be punctured or any other problem realized in the removal process.  Mrs. Holbrook moved that the selectboard approve engagement of KAS to remove the Town’s 4,000-gallon UST for $3100, under the terms of the firm’s proposal letter dated 11/2/07 to Mr. Thompson.  Mr. Billado seconded the motion with it carried. 

11.       RTE. 7/EXIT 20 TRAFFIC STUDY – RESULTS.   Mr. Thompson said he had attending the 11/15/07 public meeting at which consultants Hoyle-Tanner along with the NRPC presented results of a traffic study covering a broad scope of roadway, including Bushey Road, Exit 20, the proposed “Wal-Mart” site, the so-called “Loop Road,” Federal Street extension project, and other areas within St. Albans City and Town.  Swanton’s  interest in the study is confined to its Designated Growth Area – which hosts a stretch of Rte. 207 between Bushey Road and Hubbard Lane.  St. Albans Town has allegedly hired a planner for the project, who estimates that actual improvements could soar from a current $27 million to $50 million by completion.  It is anticipated that St. Albans City and Town will be meeting with Swanton to confer about possible funding schemes for the project, which the three municipalities understand shall fall upon them following developer, federal and State contributions.  Mr. Thompson noted that the project is unique from the State’s perspective in that it is the first time that Vermont has formally sought that infrastructure be completed before a build-out.  Mr. Thompson offered a copy of the substantially-sized study to selectboard members to review, noting that of Alternatives A, B, and C, it is Alternative C that’s proposed.   

12.       PUBLIC COMMENT – None of record. 

13.       CORRESPONDENCE. 

·        Swanton Trustees Meeting Agenda – 11/26/07.

·        State Police Lt. Robert Evans – Monthly Reports for September and October 2007; Weekly summary for 11/12/07.

·        Phosphorus Study Findings of St. Albans Bay & Missisquoi Bay will be presented 11/27/07 at the St. Albans Town Educational Center from 7 to 9 p.m., with Dr. Deane Wang of UVM.

·        Town Health Office workshop on 12/6/07; Mr. Billado does not anticipate going.

·        Vermont State Legislature to discuss matters regarding unmarked burial grounds of Abenaki sites, on 11/29/07, to include local Abenaki Chief April Merrill and State Rep. Kathy Lavoie.  Mr. Thompson has been asked to attend to testify about Swanton’s involvement in past enforcement.  Mrs. Holbrook also anticipates attending; Mr. Thompson will provide her with details. 

14.       OTHER NECESSARY BUSINESS – None of record. 

15.       SELECTBOARD MEETING MINUTES – 11/6/07.    Mrs. Holbrook moved that the selectboard approve its meeting’s minutes for 11/6/07, seconded by Mr. Billado and carried. 

16.       EXECUTIVE SESSION – PERSONNEL.   Mrs. Holbrook moved that the selectboard enter Executive Session for the purpose of discussing personnel.  Mr. Billado seconded the motion, which was carried.  The selectboard entered Executive Session at 8:13 p.m.

            Mrs. Holbrook moved to exit Executive Session, seconded by Mr. Billado and carried.  The selectboard exited Executive Session at 8:35 p.m.

            Results:   The Town Employee’s Handbook was revised to reflect the following change under Section 3.4, Overtime:  “Only vacation, holidays, and compensatory time off shall count as hours worked when computing overtime.” 

17.       ADJOURN.     Mrs. Holbrook moved that the selectboard adjourn its meeting, seconded by Mr. Billado and carried.  There being no further business at hand, Vice Chairman Billado adjourned the selectboard meeting at 8:45 p.m.

 Typed on November 21, 2007

Minutes by Leigh Smith

Received and filed by: 

_________________________________      ________________________________

Doris H. Raleigh, Town Clerk                           Date

Minutes

Swanton Selectboard Special Meeting

Swanton Town Office

One Academy St., Swanton, VT

Tuesday, October 30, 2007

7:00 p.m.

Purpose: Special meeting for the Swanton Selectboard with the following agenda:  1) Interview Job Applicants – Part Time Road Crew Member; 2) Lamoille Valley Rail Trail – Swanton Schedule; 3) Church Parking Lot – Reschedule Meeting; 4) Any Other Necessary Business.

 Present:   Harold Garrett, Chairman

    Sherry Holbrook, Selectman & Road Commissioner

                Dan Billado,  Vice Chairman

                Richard J. Thompson, Town Administrator

                Leigh Smith, Recording Secretary

                Thomas “TJ” Jarvis, II

                Brian Ives

                Michael Quilliam

                Jessica Danforth

                Matthew McGinn

                Armand Messier, Village Trustee 

            Selectboard Chairman, Harold Garrett, called the meeting to order at 7:01 p.m. 

1.      INTERVIEW JOB APPLICANTS – PART TIME ROAD CREW MEMBER. 

Mr. Billado motioned that the selectboard enter executive session for the purpose of interviewing applicants for the part-time road crew position.  Mrs. Holbrook seconded the motion, which was carried unanimously.  The selectboard entered executive session at 7:02 p.m.

Mr. Billado motioned that the selectboard exit executive session, seconded by Mrs. Holbrook and carried unanimously. 

Action taken:  The selectboard interviewed five candidates for the part-time road crew position (Jarvis, Ives, Quilliam, Danforth, and McGinn).  Following discussion, the selectboard noted that while all seemed highly-qualified, Michael Quilliam appeared the most desirable; accordingly, the Town shall offer him a part-time road crew position beginning at 7 a.m. on 11/5/07 at a rate of $14 per hour, with a pay increase anticipated in March 2008. 

2.    ROAD FOREMAN APPLICATIONS – STATUS.   Mr. Thompson advised that his office had not yet received any applications for the open road foreman position, though it has been widely advertised.  The application closing deadline is 11/2/07.

3.   LAMOILLE VALLEY RAIL TRAIL – SWANTON SCHEDULE.    Mr. Thompson reflected on his recent travels of the site trail with State Engineer Al Robertson and the Vermont Association of Snow Travelers (VAST) Executive Director, to check for culverts, bridges and encroachments that could affect the project.  Swanton’s length is free of any such issues.  The State is now seeking any municipality ready along the 95-mile trail from Swanton to St. Johnsbury, to volunteer as a starting point for trail construction.  Mr. Thompson advised the selectboard that (1) since Swanton features only 5400 feet of the trail until the Highgate line, (2) that that stretch is free of bridges, culverts and encroachments, and (3) that it features a perfectly-shaped area near Vermont Precision Tools as a potential rail-head site, that Swanton should be “first in line” for the kick-off.  The State is looking for municipalities along the route to donate labor and equipment for the trail effort.  Mr. Thompson felt that a start-up in Swanton would bring considerable publicity to the Town and enhance efforts simultaneously underway through the Fit Family Coalition’s rail project to the river. 

            The selectboard reviewed an orthophoto map of the proposed Lamoille Valley rail trail route, along with a draft letter to LVRT adjoining landowners, and newsletter copy to VAST members. 

            Mr. Billado moved that Town Administrator Richard Thompson, approach the State to request that Swanton be chosen as the beginning point for the Lamoille Valley Rail Trail.  The offer would be conditioned on the State’s agreement to kick off the project following VTrans’ completion of a parking area, picnic tables, and kiosk on State land east of Robin Hood Drive.  The Town shall agree to donate a grader to grade ballast and rock fine, and four to five Town trucks and operators for up to five days, as long as the work coincides with the anticipated rail head completion by VTrans.  Mrs. Holbrook seconded the motion, with it carried unanimously.

            It was noted that the project has not yet been scheduled and may not be done for another two to three years.

 4.          CHURCH PARKING LOT – RESCHEDULE MEETING.   Mr. Thompson advised

that church officials could not attend the already-scheduled meeting (11/6/07) to discuss plowing of its parking lot.  Another meeting to include church and library officials, as well as local business owners, has been set for 11/20/07. 

5.          OTHER NECESSARY BUSINESS – None of record. 

6.         ADJOURN.    Mr. Billado moved that the selectboard adjourn its meeting, seconded by Mrs. Holbrook and carried unanimously.  There being no further business at hand, Mr. Garrett adjourned the meeting at 8:48 p.m.

 Typed on October 31, 2007

Minutes by Leigh Smith

Received and filed by: 

 _________________________________      ________________________________

Doris H. Raleigh, Town Clerk                           Date

Minutes

Swanton Selectboard Meeting

Swanton Town Office

One Academy St., Swanton, VT

Tuesday, October 16, 2007

7:00 p.m.

Purpose:  Regular scheduled meeting for the Swanton Selectboard for the month of October  2007.

Present:   Harold Garrett, Chairman

    Sherry Holbrook, Selectman & Road Commissioner

                Dan Billado,  Vice Chairman

                Richard J. Thompson, Town Administrator

                Doris Raleigh, Town Clerk

                Leigh Smith, Recording Secretary

                Steve Jackson, Channel 16

                David Clark – County Road

                Tabitha Ducharm – County Road

                Rene Bourdeau – County Road

                Al Kinzinger, Swanton Village

                David Barney, Swanton Town Road Crew

                Kenneth Lapan, Swanton Town Road Crew

                Armand Messier, Swanton Village Trustee

            Selectboard Chairman Harold Garrett called the meeting to order at 7:01 p.m.

1.         HIGHWAY ORDERS – 9/19/07-10/16/07.     Mr. Garrett asked the town clerk to please compile all bills for County Road and present their total for the next regular selectboard meeting on 11/6/07.  Mr. Billado motioned that the Selectboard accept the highway orders for the period shown as printed.  Mrs. Holbrook seconded the motion, which was carried unanimously.

2.         COUNTY ROAD CULVERT DISCUSSION.  The selectboard had requested County Road residents Mr. Clark & Ms. Ducharm, along with opposing property owner Rene Bourdeau, to be present to respond to selectboard questions about a culvert now traversing beneath a town road, which was laid at Mr. Clark’s initiation to drain his land.  Mr. Garrett cited Mr. Clark’s original letter to the Town requesting a “drain pipe” which, Mr. Garrett explained, the selectmen have always understood to be no more than six-inches in diameter, and which they had approved with the condition that it be “double-sleeved.”  The selectboard has never, to their knowledge, granted permission to anyone to install a culvert across a town road; culverts are of substantially different size, make, and purpose than drain pipes.  Mr. Clark responded that he had not realized the difference in size specifications or  terminology for culverts and drain pipes before this project.  He said he had been told by his engineer to put a “bigger pipe” in to drain the woods on his land to allow for a septic leech field to perk.  He did not realize the need to sleeve the pipe, he said.

            Mr. Garrett said that, regardless, the culvert is now part of the Town’s inventory of bridges and culverts, and Swanton has forever reaped the responsibility for it.  The selectboard chairman said it was the selectboard’s understanding that a drain pipe had been needed for a leech field – and the board has typically granted requests for “water, sewer and utilities” – but never a culvert across the road. 

            Mr. Billado acknowledged the grave lack of communication.  He said that anything laid under the road must be sleeved, and that this culvert had not been sleeved.  It could, in addition, be “messing up the wetlands” on the subject’s and opposing properties.  The selectboard reviewed a 10/15/07 letter from Amy Norris, District Wetland Ecologist, to Mr. Clark about the matter.  Mr. Clark said that her concerns allegedly surrounded the need to fill “two small ditches running parallel with County Road,” for erosion purposes; and that she had “no problem with a ditch or pipe going across the road.”

            Mr. Bourdeau, whose family’s farm opposes the Clark’s on County Road, said that a smaller pipe would certainly have been better from their property’s vantage; that the Bourdeaus would rather not have the Clark’s water drained from the woods upon their farmland.  However, he said, it is “not a big issue,” and could be helped quite a lot if Mr. Clark agrees to help maintain the Bourdeaus’ ditch area.  He says they are cleaned every three years because of silt.  Mr. Clark said that he had talked with the elder Mr. Bourdeau and offered to volunteer time and help in resolution of the mix-up.

            Mr. Billado said that in the future, the selectboard would have to visit sites for which cuts across the road have been submitted.  Mr. Thompson interjected that the selectboard should really just require an engineer’s design to be submitted with permit applications.  Mr. Garrett said that while he understood that benefit, he didn’t want to “put engineer’s costs onto someone.”  He said if drainage is a problem, an engineer will be involved, but that such a procedure wouldn’t be necessary for a utility line.  Mr. Thompson said that if it is for septic purposes, no line would be laid across the road without an engineer’s design. Mr. Garrett said that the elder Mr. Bourdeau allegedly feels bad that Mr. Clark has spent so much money on the culvert, and that the former does not want to see Mr. Clark punished by the town.  Mr. Garrett said that now the culvert is across, it should simply stay.

            It was noted that the culvert is plastic in design.

            Mr. Garrett said that the selectboard has to protect the Bourdeaus’ interest in the matter as well as the town’s.  He recommended again that the town leave the culvert and add it to its inventory.  He cautioned that if it settled and the pavement needed some work, that Mr. Clark may need to supply funds for some coal-patch in 2008.  Mr. Garrett raised concerns about wetlands specialist Amy Norris in the matter, who wants the ditches filled.  The Town anticipates ditching County Road for road work in 2008, and Mr. Garrett said Mr. Clark should not have to fill in the ditches and seed them when the town will just tear it out; it wouldn’t be cost-effective for either party.  The selectboard chairman commended Mr. Clark for the acceptable ditching already done and for the property owner’s overture to Mr. Bourdeau to try to resolve any problems.  Rene Bourdeau acknowledged that the matter would “not be a big water issue,” and cited heavy rains over the weekend of 10/13/07 which had not seemed to aggravate matters on the Bourdeau property. 

            Mr. Thompson will clarify ditching procedures with Amy Norris.  Mr. Clark has been asked by the Town not to fill in any ditches until he has heard from the Town following Mr. Thompson’s consult with Ms. Norris.

2.                  MOWING AND TRIMMING – A. KINZINGER (VILLAGE).

Mr. Kinzinger of the Village was present to request the Town’s cooperation with the Village in the matter of trimming and mowing around utility lines on town roads.  The Village foreman offered that it seems more efficient if the Town could keep areas mowed for ROW clearance following the Village’s trimming at line sources.  Mr. Garrett offered that the Town’s excavator may be needed in various places to stump for tree removal.  He asked if all the Village lines are within the Town’s 25-foot rights of way.  Mr. Kinzinger said probably not, there were probably some “anchor guys” outside of the rights of way.  Mr. Billado cited an alleged agreement between former Town foreman Terry Hakey and Al Kinzinger, in which the Town had agreed to mow certain areas for the Village, but in which areas grass and debris have begun building back up.  Mr. Lapan of Swanton Town’s road crew was present and said that the road crew “can’t get out to Maquam Shore with the tractor,” but that they can reach out 22-feet from the edge of the road with their mowing equipment.  Mr. Kinzinger said that in some areas where the Town or Village has to encroach on private property to conduct the trimming and mowing, “99% of the time the homeowner is happy to have it done.”

            Mr. Garrett asked that Mr. Kinzinger please check with all homeowners and secure permission in advance  where any situation might arise that the Town or Village would have to go onto private property within the scope of activity.

            Mr. Kinzinger asked about the Town’s road-widening efforts and the impact on the Village when poles are in the existing Town ROW.  He asked that the Town and Village consult each other regarding pole removal whenever the Town improves roads.  Mr. Kinzinger said there is usually a cost involved to move the pole.  He noted the concerns to preserve public safety.  He acknowledged the selectboard’s concerns about poles needing attention on Bushey Road and County Road.

            Mr. Garrett said that when tree stumps are involved, it is to both the Town and Village’s advantage to send the Town’s excavator out before mowing even begins.

            Mr. Kinzinger cited various utility companies needing involvement on pole erection and maintenance – the Village (Electric); phone (Verizon) and cable companies.  Mr. Garrett told him that all Town road pavements should now be considered 24 feet wide with three-foot shoulders. 

3.                  ROAD IMPROVEMENT UPDATES.

·        FADDEN ROAD – Mr. Garrett commended the road crew for their professional cutting efforts on Fadden Road.  There has been no further complaints from a landowner which spurred the activity.  Paving is due to take place on Fadden Road on Monday, 10/22/07.

·        CHURCH ROAD TO CAMPBELL BAY ROAD STRETCH IS DUE TO BE PAVED SOON.  The Cianbro firm is due to pay for the stretch that is 930-feet long by 11-feet wide, Mr. Thompson said.  It was noted that the road will have to be “shimmed.”  Mr. Thompson said that the invoice and a memorandum of agreement with Cianbro is now with Pike Industries to cover payment. 

·        DONALDSON ROAD WORK completed recently by a depleted road crew was commended by Mr. Garrett.  The selectboard chairman asked if the Town crew could take the stump out of the Howrigan farm lawn to complete the job.

·        COUNTY ROAD CLEAN-UP is expected to be performed before winter to allow for 2008 paving.

·        SWANTON TOWN SANDPILE should be stockpiled by the road crew “while it’s now dry,” Mr. Garrett asked those members present.

·        PART-TIME ROAD CREW EMPLOYEE INTEVIEWS are anticipated soon.  Mr. Garrett promised the road crew they could expect the part-time hired help to be in place by no later than 10/29/07.  Already the Town has received about nine applications for the position, Mr. Thompson said.

·        SWANTON HILL guard rails are supposed to be coming in, and stream work is allegedly completed in time for the (now past) 10/15/07 deadline.  Mr. Thompson anticipates sending a letter to the Army Corps of Engineers noting completion of the project.  He said that Ivan Charbonneau has not yet sent his company’s bill, payment for which is expected to be borrowed (about $157,000).  Town clerk Doris Raleigh will alert Mr. Thompson when the invoice is received, its total should include the guard rails.  Mrs. Raleigh will pay what has been collected in taxes through 10/15/07 and the Town may have to raise any balance due for the bill.

·        BUSHEY ROAD – Mr. Thompson said he would put Swanton Hill and Bushey Road’s invoice in at the same time for reimbursement from the State of Vermont.

4.         GENERAL ORDERS 9/19/07-10/16/07.   Mr. Billado moved to accept the general orders as printed for the time period shown.  Mrs. Holbrook seconded the motion with it carried unanimously.

5.         PAYROLL 9/19/07-10/16/07.  Mr. Billado moved to accept the payroll report for the period shown as printed, seconded by Mrs. Holbrook and carried unanimously.

6.         PLAT CABINET FOR TOWN OFFICE.   The selectboard reviewed a 10/4/07 price quote from Joseph J. Marotti Co., Inc. for a map storage system for plats needed in the town clerk’s office.  The price including delivery is $4,130.  Mrs. Raleigh confirmed the need for the plat storage equipment.  Mrs. Holbrook moved that the selectboard approve the expenditure as shown, seconded by Mr. Billado and carried unanimously.

7.         PROPERTY BILL DEADLINE OF 10/15/07. Mr. Garrett commended the town clerk and her staff for the excellent work they did during the heavy property tax bill collection period last week and Monday (10/15/07).

8.         HOUSE FIRE DEBRIS CLEAN UP DISCUSSION.    The selectboard discussed a complaint call to the Town concerning the debris that remains on the former Webb restaurant lot off Rte. 78 (North River Street) on the west side of the road heading to West Swanton.  Mr. Billado noted his perspective from a health officer’s viewpoint.  It was unknown if the fire is still under police investigation.  Mr. Thompson has tried to learn the status from Lt. Robert Evans of the Vermont State Police, so far without success.  He will keep trying.  The property is allegedly owned by Peoples Trust Company, which has allegedly refused to clean up the debris on their own to date.  Mr. Thompson said that after confirming the investigation status with law enforcement, he will call the Maintenance Manager of Peoples Trust to try to resolve the matter.  Mr. Billado suggested that Zoning Administrator Ron Kilburn should be brought in on the matter, but Mr. Thompson said that zoning may have no say in it.  Mr. Garrett asked about the safety issue, and said that it may make more sense to completely burn it to the ground and then clean it up.  Mr. Thompson said the Town can’t enter private property, though the appearance and smell may be loathsome.  Mr. Billado suggested that the SVFD could use razing the debris as a training night.  Mr. Thompson will report back to the selectboard on the matter.

9.         BIKE PATH UPDATE.           Mr. Thompson said there has been no word yet on the lease from Larry Donna’s office of the Rail Management Division at the State.

10.       METHODIST CHURCH PARKING LOT DISCUSSION.   In the past, the Town has plowed and maintained the Methodist Church parking lot according to a lease which expired in 2001.  Mr. Garrett adamantly wants the Town out of plowing the lot, as it is private property.  Mr. Thompson provided background about the lease, how it had come about because of the library and local businesses’ need to have the parking spots and the inconvenience to all when the church has posted No Parking signs before to protect its liability.  Mr. Thompson said years ago he and former selectboard chairman Earl Fournier had worked hard with the church and the library to establish a lease of mutual benefit, and Mr. Thompson strongly exhorted the selectboard not to break the process now.  Mr. Messier said he felt that “90% of the lot was used by the library” especially when it has special functions.  Mr. Garrett charged that the Town maintains the lot but has no control over it.  The selectboard chairman said it’s a “bad lease” and that the area businesses and library should pay for the plowing, not the Town.  In addition, he said, the Town is taxed for it when it falls in the Village, so that Town residents are getting “doubly-taxed.”  Mr. Lapan estimated the cost to plow the lot between $500 to $750 each year.  Mr. Garrett said if it was plowed, it would seem easier to have a backhoe go in and remove the snow.  He is upset that the work potentially draws on the Town’s road crew for a minimum of three hours overtime on a Sunday morning if it’s icy or heavy snow.  Mr. Billado sees a benefit to having the lot, and feels that the Town should work with the Village Trustees and the church to maintain it for Swanton’s entire public.  Mr. Garrett cited the precedence against the Town doing any work on private property.  Highway crew members present cited some of the liability to them if they are hit backing out, and the poles that obstruct their work within the lot.  Village Trustees have allegedly vowed they would “never go back into that lot,” Mr. Garrett said, “because of problems they had before.”  After further discussion, it was decided that Mr. Thompson shall draft a letter to the Methodist Church for Mr. Garrett’s signature, which shall note the expiration of the lease, the cost to the Town to plow the lot, the liability the Town wants to avoid in the task, and to alert the church that they may need to “consider other avenues” for plowing the lot.  The selectboard shall await the church’s response and it was unsettled whether the Town would plow the lot if a snowstorm intervened between the letter and a resolution.

11.       PUBLIC COMMENT – None of record.

12.       CORRESPONDENCE.

·        Job Position for Road Foreman.  The selectboard reviewed the draft job position advertisement.  After discussion, it was determined that Mr. Thompson would have the job posted in the Buyer’s Digest, the St. Albans Messenger, the County Courier, the Burlington Free Press, Vermont Local Roads, and through VLCT literature.  Discussion on setting final interview. 

Mr. Billado moved that the selectboard appoint Kevin Lapan as Interim Road Foreman until the position is filled.  Mrs. Holbrook seconded the motion.  Mr. Billado qualified the motion by noting to Mr. Lapan that it did not mean he would automatically get the job.  Mr. Lapan was asked if he would even want the interim position; he said yes.  Motion unanimously carried.  Mr. Garrett told Mr. Lapan that if the job became too much for him, to let the selectboard know and they would appoint someone else.  Mr. Billado apologized to Mr. Lapan for nominating him without asking first.  He commended the town road crew for doing so well since the departure of Terry Hakey as Road Foreman.

·        Speed Limit Reduction.  The selectboard reviewed a 10/4/07 letter from Amy Gamble, PE of VTrans notifying the town that its request to have the speed limit on VT 78 reduced to 30 mph from 40 mph has been denied.  She offered selectboard involvement at a discussion before the Vermont Traffic Committee meeting on 10/23/07 at 1 p.m. at the National Life Building in Montpelier.  It is expected that Messrs. Billado and Thompson shall attend.  The State cites an engineering study that was allegedly performed, but results for which have not been seen by anyone in town.  Mr. Thompson said he will ask Amy Gamble about it.  The town anticipates taking the “next step” in the appeal process if nothing results from the meeting on 10/23.

·        Review of State Police Lt. Robert Evans’ activity report for week of 10/1/07.

·        Review of Franklin County Sheriff’s Department report for month of September, dated 10/3/07.  It was noted that the department has appointed a chaplain, the first in the State – Leigh’s husband, Rev. David V. Smith of St. Albans.

·        Review of Button Professional Land Surveyors’ cost estimate to perform a boundary survey with line adjustment of property to be conveyed prospectively to the Town of Swanton by Swanton Limestone, Inc.  The firm estimates total cost of $4,890 to $5,595.  No action at this time.

·        Champlain Housing Trust – is applying for $100K more in funds to cover septic work needed by low income county property residents.  Mr. Garrett signed the document being forwarded to Josh Hanford of VCDP dated 10/16/07.

·        Better Backroads Grants to Rock-Line Ditch on Woods Hill Road.  The selectboard reviewed the grant paperwork supplied by Mr. Thompson.  The rock-line ditch shall allow for sediment and salt to be caught before coursing further in water to the Lake.  It is also a cheaper remedy than paving.  The ditch is expected to be just three (3) feet wide.

·        Warren Fournier has sent a thank-you note to the Town acknowledging sympathy shared upon the death of his wife, Gloria.

·        Mylan Technologies – Review of the company’s 10/2/07 letter to the Town announcing that it has acquired Germany’s Merck KGaA, making Mylan now the “third largest generics company worldwide.” 

·        “Managing the Municipal Highway System” is a class offered by the VLCT on Thursday, 11/1/07.  Mrs. Holbrook advised that she would like to attend.

·        Brownfield Grant Money is not going to be available for clean-up of tank extraction at the former State garage, according to Bonnie Waninger of NRPC.  Accordingly the town will proceed with inviting two more bids in addition to that received from ECS ($4950) to remove the tank and clean up anything resulting from contamination.  It was noted that the tank is 4,000-gallons in capacity, is double-lined, and metal. 

·        Sheriff’s Department Coverage for Swanton.   Mr. Thompson clarified with the selectboard that they would like figures for an additional 8 hours coverage for Swanton alone, not to be shared with Highgate, specified within the new contract.

13.       MINUTES – 10/2/07 SELECTBOARD MEETING.               Mrs. Holbrook moved to approve the minutes for the meeting shown as recorded.  Mr. Billado seconded the motion with it carried unanimously.

14.       EXECUTIVE SESSION – REAL ESTATE AND PERSONNEL.

            Mr. Billado moved that the selectboard enter executive session for the purpose of discussing real estate and personnel.  Mrs. Holbrook seconded the motion with it carried unanimously.  The selectboard entered executive session at 8:54 p.m.

            Mr. Billado moved that the selectboard exit executive session, seconded by Mrs. Holbrook and carried unanimously.  The selectboard exited executive session at 9:34 p.m.

            Results:  Mr. Thompson will set up a Joint Legislative Body meeting, to discuss, prospectively:   1) Real Estate matter, 2) Methodist Church Parking Lot matter, 3) Intercommunications with Village and Town Road Crews & Village Electric Co.

15.       ADJOURN.     Mr. Billado moved that the selectboard adjourn its meeting, seconded by Mrs. Holbrook and carried unanimously.  There being no further business at hand, Chairman Garrett adjourned the meeting at 9:35 p.m.

Typed on October 17, 2007

Minutes by Leigh Smith

Received and filed by: 

_____________________________________      ___________________________

Doris H. Raleigh, Town Clerk                           Date      

Minutes

Swanton Selectboard Meeting

Swanton Town Office

One Academy St., Swanton, VT

Tuesday, September 18, 2007

7:00 p.m.

Purpose:  Regular scheduled meeting for the Swanton Selectboard for the month of September 2007.

Present:   Harold Garrett, Chairman

    Sherry Holbrook, Selectman & Road Commissioner

                Dan Billado,  Vice Chairman

                Richard J. Thompson, Town Administrator

                Doris Raleigh, Town Clerk

                Leigh Smith, Recording Secretary

                Steve Scoughton, Channel 16

                Steve Wunsch

            Selectboard chairman Harold Garrett called the meeting to order at 7:00 p.m.

1.         DONALDSON ROAD ISSUE.           Steve Wunsch was present to express his dismay that the Town has not yet acted upon road water issues affecting his driveway on Donaldson Road.  He said he had appeared before the Selectboard “two months ago” and was promised that something would be done “in two weeks” and “nothing has happened.”  He states that every time it rains, his driveway experiences a huge water rut.  He notes that the water run-off is well-taken-care-of  from the paved portion of Donaldson Road, but not along his portion which remains unpaved.  He said his father has also complained to the Town about this matter.  Road Commissioner Sherry Holbrook said she has visited the site and can’t determine what’s wrong.  Mr. Wunsch now requests a meeting with a third party present and not just the road commissioner.  Mrs. Holbrook explained that the road crew had lost a member and that it had been a very busy summer.  Mr. Billado interjected that that didn’t matter -- that if the Town promises to do something, it needs to do it.  Mrs. Holbrook readily agreed.  Mr. Wunsch said due to the stone washed out from his driveway, he felt the Town may “owe him a load of stone by this point.”  Mr. Garrett asked Mr. Thompson to contract Andy Leduc to visit the site and assess the problem with Sherry Holbrook and any others desiring to be there.  Mr. Garrett felt the consulting fee due Mr. Leduc would be worth his counsel to the Town.  He assured Mr. Wunsch, “What Andy Leduc suggests is what will happen.”  Mr. Garrett cautioned that the contractor’s visit would have to fit the schedules of several people, including Mssrs. Wunsch, Leduc, and Mrs. Holbrook.  Mr. Wunsch will also invite adjoining landowners.  The site visit was targeted for Friday, 9/21/07 at 4:00 p.m., but the following Monday (9/24/07) was also raised as an option.  Mr. Thompson will also contact the road foreman, Mr. Hakey, to come along.  Mr. Garrett said that if the Town can’t remedy the matter within “the next 10 days or so,” that Swanton will hire an outside contractor to complete the work recommended by Mr. Leduc.

2.         HIGHWAY ORDERS – 8/22/07 – 9/18/07.       Mr. Garrett asked that the road commissioner direct the road foreman to specify on every tire and equipment purchase receipt submission, what vehicle the material is for.  Mr. Billado moved to approve the highway orders for the period shown as printed.  Mrs. Holbrook seconded the motion with it carried unanimously.

3.         TOWN USED TAILER MATTER.                 The Town considered an offer from Scott Lareau for its used trailer.  The town’s sale ad has not yet appeared in any statewide flyers including “Local Roads” and VLCT literature.  Mrs. Holbrook said she felt the Town should ask Mr. Lareau if he would like to purchase the trailer for the Town’s offering price of $4,250 before the flyers go out.  The Town no longer needs two trailers, and the subject trailer cannot haul the town’s new excavator.  The subject trailer was going to be traded for a different one, Mr. Garrett said.  Discussion reviewing the size and weight specifications of the new and old trailer.  Andy Leduc previously owned the new trailer, and the town has purchased it from him.  The town has not yet paid for the trailer from Mr. Leduc.  Mr. Leduc had agreed to take the old trailer in trade for the new, but learned that the old one has electric brakes, and Mr. Leduc needs one with air brakes.  The new trailer has a 25-ton capacity vs. the old’s 12-ton capacity.  Mr. Billado remonstrated with the Board that he had not know about the new trailer purchase.  Mr. Garrett apologized, saying he thought the selectman had been aware of the deal.

4.         SWANTON HILL UPDATE.              The Board reviewed Mr. Thompson’s 9/6/07 letter of intent to Ivan Charbonneau to use Mr. Charbonneau’s company’s services to install a box culvert per site plans of Buck & Pierce on Swanton Hill Road.  The permit to start work has come in from the Army Corps of Engineers, Mr. Thompson said, granting the Town a two-week lead-time (finish by 10/10/07).  Mr. Charbonneau started work on 9/18/07, Mr. Thompson said.  Contractors want to contact a landowner whose property features beaver dams that should be removed to draw out more problem water.  Mr. Thompson said he had tried to call the landowner in Orlando, FL but had not been able to reach them yet.  The work on Swanton Hill is being paid for by a state grant.  Jim Smith is the new clerk of the works, Mr. Thompson said.  The town administrator said the town does have an easement to do construction across the former Verderber property.  The work can go on after October 1^st, Mr. Thompson said. 

5.         FLEET PERMIT.         Mr. Garrett signed one FLEET permit for Animal Medic, Inc. of Manchester, PA – 1 vehicle NTE 60,000. 

6.         FADDEN ROAD UPDATE.   Mr. Thompson advised that the Town had had its permit from the Army Corps of Engineers to perform work for some time.  The real estate closing to exchange land with Mrs. Hoague took place today (9/18/07), he said.  The Town now owns the important section of the road on which they would have had to work, and are ready to start.  The deed with Mrs. Hoague states that the Town reserves the right to work in her portion of the road throughout the project.  Mr. Thompson stressed that the project must begin by no later than 10/15/07. 

            Mr. Garrett suggested that the road crew wrap up work on County Road by no later than Friday (9/21/07) and move to Fadden Road so necessary equipment and crew will be in place to start by no later than Monday (9/24/07).  He also suggested that the Town pave Fadden Road so that no more stone or grater conveyances are needed to West Swanton.  He said that the new road construction on County Road should settle anyway, and that the town could pave that in early summer 2008.  The money from County Road paving could thereby switch to Fadden Road and with what is left over, it could be put in an account to carry into 2008 costs for County Road completion.  Mrs. Holbrook asked about Church Road.  Discussion ensued.  The road commissioner also said that in 2008, the town would “have to do Tabor Road, as grass is growing in it.”  Mr. Billado felt that if the grader does not have to go to West Swanton again, that would be a great safety improvement.  The Fadden Road paving would involve .45 mile (less than half a mile), at an approximate cost of $30,000.   Mrs. Holbrook felt that County Road should be fully completed before moving on to Fadden Road work.  Mr. Garrett argued that the heavy harvest rigs expected on County Road should first pack down what is on that route before further work goes into it. 

            It was finally resolved that road construction workers would dispatch their equipment and crew by end of Friday (9/21/07) from County Road for work start-up on Fadden Road on 9/24/07.

7.         GENERAL ORDERS – 8/22/07-9/18/07.        Mr. Billado moved that the selectboard approve the orders as printed for the period shown.  Mrs. Holbrook seconded the motion, and it was carried unanimously.

8.         PAYROLL ORDERS – 8/22/07-9/18/07.        Mrs. Holbrook moved that the board accept the payroll orders for the period shown as printed.  Mr. Billado seconded the motion with it carried unanimously.

9.         SWANTON BIKE PATH – UPDATE.           Mr. Thompson said he had spoken to Larry Donna again last week, and Swanton’s lease is among seven or eight still on Assistant Attorney General John Donlevy’s desk for review.  Mr. Thompson shall call Mr. Donna to see if the Town can proceed to simply clear the bike path (with particular attention to the stretch between Fourth Street and Robin Hood Drive), even without a lease, to coincide with Fit Family initiative activities scheduled for 9/29/07.  Mrs. Holbrook said that white stone should be applied for visibility.  It was believed that the Village is substantially behind the bike path project.  The selectboard reviewed copies of letters dated 9/6/07 from the Town in response to concerns raised by abutting landowners Frank & Sandra Read and Mr. & Mrs. Charles Conte.   

10.       UST REMOVAL – UPDATE. The selectboard reviewed a 9/14/07 proposal from ECS to perform closure assessment for a 4,000 gallon diesel underground storage tank (UST) located at the former AOT garage on Rte. 78.  The anticipated cost is $4,950; however, there could be additional costs if it is not a “good clean removal.”  Mr. Garrett suggested that the town solicit a few more bids.  The town may be eligible for costs under a Brownfields grant program.  Mr. Thompson said such a grant would cover the tank removal but would require both Phase I and II processes for the entire site and, if any other contaminants are found or if the tank is found leaking, the Town would be on the hook to fix it, he said.  Mr. Thompson said he will be attending a Brownfields meeting on 9/19/07 and would try to admit Swanton into the queue.  He will also alert ECS that the town expects to see other quotes to weigh against ECS’s.

11.       DOG LICENSING LETTER & DIRECTION.            The selectboard reviewed a proposed 9/18/07 letter of Final Notice to persons who had dogs registered last year but have not yet this year.  A list of 85 unregistered dogs (many of owners with multiple dogs) was available.  After 10/1/07, if a dog is unregistered, the ACO may upon warrant go out and retrieve such dogs for impoundment at the FCHS.  The Town normally accepts a person’s word by phone call if he/she no longer has a dog.  Mr. Garrett read aloud the Final Notice.  Mr. Billado moved that the selectboard enact the Final Notice for licensing of dogs dated 9/18/07, seconded by Mrs. Holbrook and carried unanimously.  Mr. Garrett suggested that the ACO and Mr. Thompson go out together when dogs are retrieved, and that while Mr. Dixon picks up the dog(s), Mr. Thompson provide verbal and printed information to the owner(s) about how to retrieve their dogs.  Mr. Thompson said he would make such information a permanent addition to the wording at the bottom of each warrant. 

12.       CONTRACTOR’S REQUEST – PARISH HALL.      Holy Trinity Episcopal Church is still remodeling its parish hall.  At this time, the church hall is gutted and the parish will be meeting in Highgate until mid-March.  Contractor Bruce Thompson has approached the town to request that his company be allowed to store four storage boxes on the town’s parking lot, as they can’t on the sidewalk.  The contractor assures that they would be placed on 9’ x 12’ pressure-treated timbers so as not to damage the lot.  Other contractors are already parking in the lot.  He has assured the town administrator that if there is any damage to the town’s lot, “it will be fully repaired.”   Following discussion, the selectboard asked Mr. Thompson to generate a letter to the company acknowledging the selectboard’s permission to park on the lot – but to choose four spaces “under the cedars” rather than along the fence to allow for a cleaner sweep of the plow in winter.  Also, the letter shall contain wording noting that if any damage is discovered following discussed use, the contractors will not be permitted to simply cut out an affected area and repave that area, but shall have to resurface the entire lot with a ¾-inch topcoat and re-line it.  Mr. Thompson will have the contractors sign the letter acknowledging the agreement.

13.              PUBLIC COMMENT – None.

14.              CORRESPONDENCE.

·        Review of sample letter dated 9/13/07 sent to Swanton merchants advising them of benefits and contact information provided by the VT Dept of Housing & Community Affairs in response to Swanton’s receiving Village Center Designation.

·        Mr. Thompson advised of a State Police Community Advisory Board meeting held last week (of 9/10/07).  He provided a comparison of incidents to date vs. 2006 figures for Franklin-Grand Isle Counties.  He noted that the new State Police barracks are quite “state of the art.”  An open house for the public is on 9/22/07 from 10 a.m. to 2 p.m.

·        Review of  Franklin County Sheriff’s report dated 9/24/07 for the month of August 2007.

·        Review of 2008 Vermont Municipal Policy proposed by the Vermont League of Cities & Towns, which shall be voted upon at Town Fair on 10/11/07. 

·        Retirement party for Hank Lambert, Director of Vermont Local Roads, shall be 9/28/07 from 2 – 4 p.m. at Sloan Hall, St. Michael’s College. 

·        North Country ATV Association – 3^rd Annual Appreciation Dinner, to express thanks to property owners (including Swanton Town) shall be 10/6/07 at the St. Albans Foreign Legion Hall.

·        John Hall of the Department of Housing & Community Affairs has notified Swanton of the successful closeout of its last Municipal Planning Grant, wherein LandWorks worked to delineate new uses for the zoning bylaws.  Northwest Regional Planning shall complete the typed version for the Town.

·        VLCT Interactive TV Class – “Preemption and Limitations in Local Zoning” will be 10/4/07 at the Ch. 16 building at BFA in St. Albans at 7:00.  Messrs. Thompson, Garrett, Kilburn, and Hubbard, and Mrs. Holbrook, are anticipated to attend.

·        Town Managers & Administrators Conference -     will be held on 10/25 – 10/26/07 in Manchester, VT.  Dick Thompson is on the Board of Directors and is slated to attend.

15.              ANY OTHER NECESSARY BUSINESS.

·        Mr. Billado asked whether parts had been put on the Town’s backhoe yet?  - No, they haven’t.  Mrs. Holbrook said the road crew need a fifth person.

·        Mr. Thompson has talked with the Franklin County Sheriff about covering the West Swanton speed situation raised recently by Mr. Billado.

16.       MINUTES OF 9/4/07 SELECTBOARD MEETING.    Mr. Billado moved that the Selectboard approve the minutes for the date shown as recorded.  Mrs. Holbrook seconded the motion with it carried unanimously.

17.       EXECUTIVE SESSION – REAL ESTATE.                Mrs. Holbrook moved that the selectboard enter Executive Session for the purpose of discussing real estate matters.  Mr. Billado seconded the motion with it carried unanimously.  The selectboard entered executive session at 8:20 p.m.

            Mr. Billado moved to exit Executive Session, seconded by Mrs. Holbrook and carried unanimously.  The selectboard exited executive session at 8:44 p.m.

            Results:  Mr. Thompson will contact Mr. Sweeney of the Missisquoi National Wildlife Foundation and request that the latter prepare documents for a proposed quit-claim deed from the Town to the Foundation regarding a subject parcel of 3- to 3 ½ acres of marsh land discussed as a former “school district” in West Swanton.  It is anticipated that the Town of Highgate shall also be tasked to respond with a similarly comprised quitclaim deed of the same area, as each Town has held it at various points since colonial history.

18.       ADJOURN.     Mr. Billado moved that the Selectboard adjourn its meeting, seconded by Mrs. Holbrook and carried unanimously.  There being no further business at hand, Chairman Garrett adjourned the meeting at 8:46 p.m.

Typed on September 19, 2007

Minutes by Leigh Smith

Received and filed by: 

_____________________________________      ___________________________

Doris H. Raleigh, Town Clerk                           Date      

Minutes

Swanton Selectboard Meeting

Swanton Town Office

One Academy St., Swanton, VT

Tuesday, September 4, 2007

7:00 p.m.

Purpose:  Regular scheduled meeting for the Swanton Selectboard for the month of September 2007.

Present:   Harold Garrett, Chairman

    Sherry Holbrook, Selectman & Road Commissioner

                Dan Billado,  Vice Chairman

                Richard J. Thompson, Town Administrator

                Leigh Smith, Recording Secretary

                Jack Bergeron, Channel 16

                Amy Brewer, Fit Family Coalition, Northwest Medical Center (NMC)

            Selectboard chairman Harold Garrett called the meeting to order at 7:01 p.m.

1.         SWANTON BIKE PATH – UPDATE.  Amy Brewer of Northwest Medical Center (NMC) was present to discuss updates with the bike path extending from Robin Hood Drive to the Missisquoi River (east bank).  She thanked the Selectboard for their participation in recent public forums on the proposed trail, which she felt had been successful and which had addressed citizens’ concerns about privacy and safety.  She said that her Advisory Board had recently met and discussed rules for the path, tentatively as follows:  1) No motorized vehicles, 2) Access only from dawn until dusk; 3) Animals to be leashed and their owners responsible for waste removal.  Other rules to be reinforced would include:  Respect for the trail’s neighboring property owners; no littering, and bikers must yield to walkers.  Mr. Garrett felt that “sign overkill” stressing these points frequently along the path would be beneficial. 

            The Selectboard and Ms. Brewer agreed that when the State’s lease of the railroad bed comes through, the stretch between Grand Avenue and Fourth Street would receive priority attention.  In the past, kids have hung out along this path and broken windows at some properties, Mrs. Holbrook reminded.  Some residents have written to the Town concerning liability potential from any damage perpetrated by bike path users.  Mr. Thompson said he had spoken with the Town’s insurance agent, Andy Finelli, about the matter, and that the Town was already covered, to include bike paths, for these matters.  The Town will have to add the name of LVRR as an additional insured to its municipal insurance certificate, however.

            Discussion concerning 8/14/07 letter to the Selectboard from Sandra Read of Swanton Packing, Inc. concerning potential liability to Swanton Packing, which still leases a spur of land from the State adjacent to – but not on, Mr. Thompson said – the proposed bike path.  The selectboard queried the nature of the leased land’s use, and asked Mr. Thompson to check with someone from the State to determine the boundaries of use afforded to the Reads under the terms of their lease.  Mr. Thompson said that the Reads had been informed of the Town’s insurance coverage governing the bike path. 

            The selectboard also discussed an 8/22/07 letter from Charles and Elizabeth Conte who own land (26-28 Church Street) adjoining the path.  Per their request, a copy of their letter is attached and made a part of these minutes.  The Contes are concerned about liability issues, policing, vandalism, the desire for fencing, and about preservation of a trail that passes under the rail bed, termed a “cow path” at this meeting.  The selectboard strongly agreed with Ms. Brewer that the Contes’ requests should be met, and accordingly Mr. Thompson shall assure them that the cow trail shall be preserved through the project.  Additionally, the Town shall assume the expense for an agricultural gate to protect the Contes’ property on both sides of the railroad bed.  The selectboard and Mrs. Brewer acknowledged this would be a very reasonable expense, since the town doesn’t want to encourage bike path users to exit the path anywhere onto private property.  Mr. Billado several times stressed that the very nature of clearing the railroad bed would eliminate most citizens’ concerns over nuisance gatherings and criminal activity.  The selectboard and Ms. Brewer together stressed that the town wants people to feel safe, and that the concerns of elderly, vulnerable or fearful abutting property owners are of particular priority to the Town.  Mr. Thompson will contact the Contes about the concerns they wrote, the selectboard’s discussion and resolution of those concerns, and the reminder that the Town remains available to them and eager to address any further matters the Contes might have regarding the project. 

            Mr. Thompson noted that he was going to attend a meeting at the Abbey restaurant on 9/5/07 with the Franklin County Sheriff’s Dept., State Police, and local Fish & Game wardens to discuss enforcement along the LVRR trail.  He said the Franklin County Sheriff has stressed police and other rescue services must have access to the bike path, and that the bollards are a concern to police.  The selectboard felt that a locked gate to allow access could be erected at the sides of the bollards, with keys available only to law enforcement, fire, rescue, and town maintenance personnel.  The Sheriff’s Dept. has an ATV that they plan to use to patrol the path.  No other motorized vehicles shall be allowed on the path unless for emergency or municipal maintenance reasons.

            The project encompassing initial clearing and use this Fall is dependent on the Town’s receipt of the lease from the State.  The matter is still held up at the Assistant Attorney General’s office, Mr. Thompson said, but hoped that it would be handled soon.

            Ms. Brewer said that grant money is available immediately for materials, but the project’s timing would depend as well on the timing and availability of both Town and Village personnel as well as volunteers from the public.  Mr. Billado asked about the prospect of help from Swanton Village.  Discussion attempting to establish what portion of the path lies within the Village.  Mr. Thompson asserted that the railroad path from Fourth Street is in the Village.  The Town line starts at Fourth Street and Elm, he said.  Mr. Thompson shall review the boundary areas with the GIS system and alert Ms. Brewer about his findings.  It is anticipated that Ms. Brewer will approach the Village Trustees and request their supply of 50% of the municipal labor force and equipment needed to clear the path when the time comes.  It is hoped that the professional and volunteer labor, equipment, and timing of the lease can converge for a “kick-off”  on 9/29/07, when the Recreation Commission is co-offering a “Fall Family Festival.”  If the lease does not come through in time, the event will still proceed with a focus on healthy eating initiatives, Ms. Brewer said.

            Mr. Garrett asked about the grant’s expiration.  Ms. Brewer said that the State had already “spent” the money by paying it into the Fit Family project.  The grant is not expiring soon, she said, but neither is it open-ended.  The selectboard tabled the matter for the evening by expressing a strong hope that the Trustees will commit to support from Swanton Village’s resources.

2.         VILLAGE CENTER DESIGNATION.           Mr. Thompson alerted Channel 16 viewers that Swanton had applied for and received Village Center designation from the State on 8/27/07, a cause for great celebration by Town staff and others involved with the application.  Mr. Thompson said that while he and Brian Savage had been offered a two-day retreat on Grand Isle concerning Village Center discussion, the former felt it would be more beneficial if the State’s Joss Besse could share locally with property owners, lessors, merchants and business-owners who stand to benefit by the designation.  Mr. Thompson will petition Mr. Besse to conduct a possible Franklin County-wide education forum.

3.         UST CERTIFICATION/REMOVAL. Mr. Thompson advised that the Town’s underground storage tank (UST) at the Fourth Street town garage, inherited from the State in late 2002, has not been used since then but requires recertification from the State.  Mr. Thompson has been in contact with June Riley of the Agency of Natural Resources (ANR) about the certification application due by 9/15/07.  Thankfully, he said, the matter has been reduced from a mountain of paperwork to only four pages, and the paperwork is now submitted.  He said the State’s George Decelle had been consulted about whether the UST was clear of contaminants.  The town’s road foreman feels that the tank could be used again, but if it was, it would require an approximately $2,000 permit.  Ms. Riley of ANR advises that there are currently no rules for municipalities to raise the tank first (required after so many years of inactivity), but that it would likely need to be dug up if the Legislature votes on it in the upcoming year.  Mssrs. Thompson and Hakey now agree the town should take it out.  Joe Haze of Environmental Consulting Services (ECS) recently advised Mr. Thompson his company could do the work, including soil tests, contaminant checks, and removal to a salvage yard, for approximately $3K to $4K. 

            The 4K-gallon tank has been in the ground “for a while.”  It was noted that the Town would probably be “on the hook to fix” anything resulting from any possible tank leakage.  However, Mr. Thompson felt, there may be Brownfield Grant money available to help clean up the site if it is discovered to be contaminated.  Mr. Thompson will discuss the matter with Mr. Haze to obtain final costs, and proceed with ridding the site of the tank.

4.         HUMANE SOCIETY CONTRACT.      Mr. Garrett read aloud the 2007-2008 Animal Control/Boarding Agreement signed by the Executive Director and Board of Directors President of the Franklin County Humane Society (FCHS) on 8/27/07.  Mr. Billado moved that the selectboard accept and sign the contract as provided, seconded by Mrs. Holbrook and carried unanimously.  Mr. Garrett stressed for Channel 16 viewers that if an animal is sent to the FCHS and an owner attempts to retrieve the animal without success on the sixth day (after the five day hold period),  the Town and its ACO will have no control over, nor will they intervene in, the matter except in relation to payment of fines due to the Town. 

5.         MYLAN TECHNOLOGIES – REQUEST TO CUT JONERGIN DRIVE.  Review of Engineer Peter Cross (CCE)’s 8/31/07 e-mail on behalf of Mylan Technologies requesting an open cut on Jonergin Drive during October or November 2007, to allow work on a new sewer connection and electrical conduits from a new addition to Plants E & B.  Discussion of parking matter and matter of security guard at the site.  Mr. Thompson said the company is adding a 15K to 20K-square foot addition.  Mr. Thompson will write a letter confirming the selectboard’s approval for the cut, provided that it features double-sleeving, and to request that an attempt to bore, rather than cut, be first considered out of traffic concerns.  Mr. Thompson said the company knows it shall have to maintain the pavement following any cut under current terms of the Town’s allowance.

6.         PUBLIC COMMENT.            None of record.

7.                  CORRESPONDENCE. 

·        Review of 8/17/07 from George Crombie, Secretary of the Agency of Natural Resources (ANR) to local town officials and staff who had written to object to the Agency’s 2007 proposal regarding conversion of seasonal residences to year-round use.  Mr. Thompson said that Mr. Crombie’s response included a proposal that was better than before, but still of concern.  C. Dimitruk of Northwest Regional Planning (NRPC) has told Dick that ANR has postponed working on the matter for the time being.

·        Review of State Police Lt. Robert Evans report of law enforcement matters for week of 8/20/07, with a sobering emphasis on ATV-related crashes, 60% of whose operators in the fatalities were “impaired to some degree.”

·        NRPC’s 8/28/07 Reminder of a Route 7 Traffic Study – Public Meeting on 9/13/07 at 7 p.m. at the St. Albans Town Educational Center.

·        The selectboard reviewed a written offer for the Town’s used trailer, for which the Town has advertised a price of $4250 in a local paper (published four times).  Notification has not yet appeared in Local Roads or through the VLCT, Dick Thompson said.  The matter was tabled until the selectboard’s next regular meeting (9/18/07), and the potential buyer shall be notified of the delay.

·        NRPC is hosting an 8-hr GIS seminar on 10/25/07 at the Swanton Municipal Complex for $25.  The selectboard OK’ed the prospective attendance of both the town’s zoning administrator and town administrator.

·        VT Dept. of Health Pandemic Flu Seminar – will be held 9/25/07 at NMC from 7:30 to 10:00 a.m. to discuss implications and approaches by the business community. 

·        State Auditor Tom Salmon is hosting an Ethics, Controls and Security issues-related seminar in Montpelier all day on 9/18/07.  The cost is $60 each.  The selectboard left it with the town clerk and town administrator to determine if they would attend.

·        Franklin County Sheriff’s Office has calculated $7,797 in fines this year compared to $26,985 last year at this time.  The selectboard acknowledged that fines would drop each year as increased police presence is visible.

8.         SWANTON HILL UPDATE.              Mr. Thompson said that he and Terry Hakey had been working with Ivan Charbonneau and VT’s Mike Adams regarding plans for the $150K Swanton Hill improvement project.  To date, the town is just $250 over budget.  Mr. Charbonneau was expected to review shop drawings with Mr. Thompson on 9/5/07.  Mr. Adams has said a permit should be ready in a few weeks following approval of the plans by C. Brunelle of Fish & Wildlife.

9.         FADDEN ROAD UPDATE.  Mr. Thompson said that permits were in place for the Fadden Road improvement project.  However, he said, a real estate closing must take place to ensure the land is transferred before 10/17/07, and the Army Corps of Engineers (ACE) has required completion of the project by 10/17/08.  Mr. Garrett said that the attorney handling the closing for the Town should include language within the closing paperwork to ensure that the Town of Swanton maintains rights to the road until the other road is completed, even though the new property owner will own the road before it’s complete.  Mr. Thompson will accordingly pass the information along.

10.       OTHER NECESSARY BUSINESS.               Mrs. Holbrook offered an informational sheet from the State she felt the Town should send to its taxpayers.  Mr. Thompson advised that the Town had not received the sheet until after town taxes were mailed, and that it would cost over $1300 to mail to everyone again; so far, he said, only one taxpayer has asked for it.  Discussion on how to make the information available to taxpayers.  It was resolved that the Town shall pay to put copies into the Buyers Digest along with supplying it on the town office counter to taxpayers who desire it.

11.       MINUTE OF 8/21/07 SELECTBOARD MEETING.  Mrs. Holbrook moved that the selectboard approve the minutes of its 8/21/07 meeting as recorded.  Mr. Billado seconded the motion with it carried unanimously. 

12.       EXECUTIVE SESSION – PERSONNEL & REAL ESTATE.   Mr. Billado moved that the selectboard enter executive session for the purpose of discussing personnel and real estate.  Mrs. Holbrook seconded the motion which was carried unanimously.  The selectboard entered executive session at 7:55 p.m.

            Mr. Billado moved to exit Executive Session, seconded by Mrs. Holbrook and carried unanimously.  The selectboard quit executive session at 8:15 p.m.

            Results:    (1) Mr. Thompson will follow up on the real estate matter discussed. (2) Mr. Thompson and Mrs. Holbrook will follow upon the personnel medical matter discussed.  Subject of personnel discussion will be asked to provide a letter to the Town from that person’s doctor stating any medical restrictions before person returns to work.

13.       ADJOURN.    Mr. Billado moved that the selectboard adjourn its meeting, seconded by Mrs. Holbrook and carried unanimously.  There being no further business at hand, Chairman Garrett adjourned the meeting at 8:17 p.m.

Typed on September 5, 2007

Minutes by Leigh Smith

Received and filed by: 

_____________________________________      ___________________________

Doris H. Raleigh, Town Clerk                           Date       

Encl.    8/22/07 Letter from Charles & Elizabeth Conte to Town of Swanton Selectboard            

Minutes

Swanton Selectboard Meeting

Swanton Town Office

One Academy St., Swanton, VT

Tuesday, August 21, 2007

7:00 p.m.

Purpose:  Regular scheduled meeting for the Swanton Selectboard for the month of August 2007.

Present:   Harold Garrett, Chairman

    Sherry Holbrook, Selectman & Road Commissioner

                Dan Billado,  Vice Chairman

                Doris Raleigh, Town Clerk

                Richard J. Thompson, Town Administrator

                Leigh Smith, Recording Secretary

                Steve Scoughton, Channel 16

                Jack McCarthy, FNWSU Superintendent

                Richard “Buvy” Gamache

                H.D. Campbell, IV

                Tammy Jo Sellers – St. Albans Messenger

                Muriel Yandow, Lister

                Jean Lamphere, Lister

                Ron Kilburn, Zoning Administrator

                Kathy Lavoie, Planning Commissioner

                Jim Hubbard, Chairman, Planning Commission

            Selectboard chairman Harold Garrett called the meeting to order at 7:02 p.m.

1.         EXECUTIVE SESSION – PERSONNEL.    Mr. Billado moved that the selectboard enter executive session for the purpose of discussing personnel matters.  Mrs. Holbrook seconded the motion with it carried unanimously.  The selectboard entered executive session with listers Jean Lamphere and Muriel Yandow at 7:03 p.m.

            Mrs. Holbrook moved to exit executive session, with Mr. Billado seconding the motion.  Motion carried unanimously.  The selectboard left executive session at 7:11 p.m.

            Results:  Following Lister and Selectboard interviews with two candidates for the lister’s vacancy created by Ed Baker’s departure, the Selectboard has accepted the listers’ joint recommendation, and has appointed Tara Fournier to fill Mr. Baker’s unexpired term (expiring 3/3/07, at which point she shall have to run for the office).

2.         HIGHWAY ORDERS – 7/18/07 – 8/21/07.    Mr. Billado moved that the selectboard accept the highway orders for the period shown as printed.  Mrs. Holbrook seconded the motion with it carried unanimously.

3.         GENERAL ORDERS – 7/18/07-8/21/07.   Kathy Lavoie commented on prebates exceeding a number of residents’ tax bills.  As a state senator, she has inquired about the situation at the State level and is awaiting the State’s feedback.  Mrs. Lavoie was responding to the selectboard’s surprise that the Town is refunding $16,000 from prebates sent in for 55 individuals whose taxes did not reach the amount of the latter’s prebates.

            D. Billado moved to approve the general orders as printed for the period shown, seconded by S. Holbrook and carried unanimously.

4.         ECONOMIC DEVELOPMENT FUND – 7/18/07-8/21/07.   Discussion regarding swale expenses for Country Club Estates, part of a state $2,500 grant.  Mr. Thompson detailed the costs.  Municipalities shall be exempt from paying permit fees for the stormwater run-off related permit.  The money received can be used only for cleaning storm drains and for grass seed.  S. Holbrook moved to accept the economic development fund report as printed for the period shown, seconded by D. Billado and carried unanimously.

5.         PAYROLL ORDERS – 7/18/07-8/21/07.   Mr. Billado moved to accept the payroll orders for the period shown as printed.  Mrs. Holbrook seconded the motion with it carried unanimously.

6.         DRIVEWAY PERMIT – IVES.   The selectboard approved a driveway permit consisting of a five-foot extension, with no culvert needed, for Robert and Betty Ives of 189 Lakewood Drive.

7.         BUSHEY ROAD SCHOOL BUS TURNOFF.           Developer Richard “Buvy” Gamache was present for discussion, along with contractor H.D. Campbell, IV; Kathy Lavoie and Jim Hubbard of the Planning Commission, Jack McCarthy, superintendent of the Franklin Northwest Supervisory Union, and Ron Kilburn, zoning administrator.

            Mr. Garrett apologized for the selectboard’s tone in questions posed to Mrs. Lavoie at the selectboard’s last meeting (8/7/07) when the developer, contractor and surveyor Steve Brooks did not appear as expected. 

            Mr. Gamache presented plans of his proposed development off Bushey Road, affecting a potential 22 building lots.  Planning Commissioners and Mr. Gamache tentatively propose, for safety purposes, a 30-foot by 75-foot pull-off for school buses picking up children along this busily-traveled town road.  The Town is being asked to maintain the pull-off (for plowing).  Mr. Gamache said that (unstated relationship to application) the Begnoches allegedly do not care whether a pull-off goes in or not; however, they would not submit a letter, allegedly because of fear of potential legal reprisal.  Mr. Gamache is offering to blacktop the pull-off as well as erect a weather shelter for the site.  The developer is also suggesting that the Town drop the speed limit along Bushey Road near there, and install signs warning a bus-stop.  He cited the numerous children who board the school bus from the trailer park off Bushey Road.  His pull-off offer is to encourage safety and allow greater traffic flow. 

            Following was discussion about bus signals affecting traffic flow, even without a pull-off area.  The proposed pull-off would be on the same side of the road as Mr. Gamache’s development.

            Mr. Garrett said he would rather have a school bus sit in the road than have a pull-off area from which a plow must back up and could potentially be struck from behind.

            School superintendent Jack McCarthy said he had checked the law on the matter, and school buses must stop in the right-hand lanes and may not pull off the road to load or unload.  But, it was acknowledged, there can be a pull-off for the bus after it has loaded from the road, the bus can pull in so traffic can afterwards go by until it pulls out again. 

            Mr. Garrett said he would support a shoulder up to six-feet wider, but does not want the road crew backing up their plows in any way at the site.  Mr. Hubbard advised that motorists are driving “60 miles an hour, on a hill” near the site, and that the remedy had been offered as a safety measure within the already-established, new Growth Center area, of which this development is a part.  The planning commission chairman added that the planning commission (PC) had been studying the area for five years, and that their main focus has been “safety first.”  There will be at least 40 more homes across the road [from the subject development], he pointed out, and the PC has been working with another developer to align the intersecting points of both developments to alleviate turmoil.  Mr. Hubbard cited the tax benefits for the Town from the potential housing sites Mr. Gamache’s development would host.  He recommended a jug handle or cul de sac, which the developer would have to install at the latter’s expense.  The PC chairman explained that there are already 10-15 cars on average behind the school bus at busy times without this development.  He said there are 35 vehicles on average backed up on Rte. 207 (Highgate Road) until the bus pulls off at Montagne Road, which dead-ends in Highgate.  Mr. Hubbard said planners should be providing for Bushey Road and Route 207’s safety issues now, as developments are certain within the Growth Center.  He forecast that the Gamache bus pull-off consideration is “not the end” to complications for the region – he said there were five lots already across the road ready to be developed further. 

            Mrs. Holbrook felt that a stopped bus is a traffic hazard, and suggested more buses for the route.  Mr. Hubbard said that half of Bushey Road’s school children already board from the trailer park.  He cited jug handles on roads in other states at intervals of “every few miles” for emergency pull-off.  Mrs. Holbrook said that the State allegedly requires buses to stop all traffic when they are loading or discharging passengers.  Mrs. Lavoie said that the selectboard should address the issue. 

            Mr. Billado stressed that the school superintendent had already said it’s illegal for school buses to pull over to the side of the road to pick up children.  Mr. Hubbard proposes that the Town take over the road going into the development (of which five to ten percent of it would act as a Town highway).  It would create a safe neighborhood and the developer is currently offering to cover the costs of the infrastructure.  Mr. Garrett asked if since a bus can’t stop in a pull-off area to pick up passengers, could it pull out into oncoming traffic? 

            Discussion followed concerning a “Y” turn and a radius needed for effective bus and emergency vehicle maneuvers.

            Mrs. Holbrook said that vehicles simply have to obey the speed limit.

            The selectboard reviewed plans of the proposed development brought by Mr. Gamache.

            Mr. Gamache proposed a pull-off further than discussed down the road, after kids embark from the road point.  Mr. Hubbard said he would like to see the bus leaving from a Town-maintained road, but that the PC had understood the Town does not want to take over any more roads.

            Discussion following concerning a possible inner radius.  Mr. Gamache said he could make whatever cul-de-sac the selectboard wants to it can be approved.  It would be built to A76 standards, although not all would be blacktopped.

            The PC and developer point out that lots for the development extend 2,000 feet back into the parcel – a long piece for kids to walk on a frozen morning.  Mr. Hubbard continued to insist there is no safe place for the bus to pull over on Bushey Road at the entrance to the Gamache development.  The PC chairman invited people to come to the site to view it the week school opens (August 27).  Mrs. Holbrook said there should be more buses along the route, with fewer stops.

            Mr. Gamache said he didn’t create the trailer park issue.  He complained that a blacktopped cul-de-sac alone would add about $100,000 to his project, which is itself trying to create affordable housing units.

            Mr. Hubbard pointed again to the reasonableness of the Town’s accepting 400 feet of road infrastructure that would be affected by a bus turnaround.

            Mr. Billado asked why the future homeowners association there could not pay to plow the road.

            Mr. Hubbard cited a 70-acre parcel and other developers adjacent who will be impacting the traffic in the area.  Mrs. Lavoie pointed to Country Club Estates, Sugar Maple Drive, and other development roads that the Town has taken over successfully.  Mr. Garrett responded by citing the problems caused by culverts now needing replacement on Mountain View Drive, which he said will cost the Town about “half a million dollars.”  The selectboard chairman said he did not have a problem with a cul-de-sac in the Gamache development, but if the Town isn’t going to take over the whole road, he doesn’t want it to take just a part of it either.  He proposed that the developer install a pull-off now and a cul-de-sac eventually in the development as building is underway.  Mr. Gamache said that his project would proceed by developing sections at a time.  The Town acknowledged that they are not “saying never” [to taking over the new road].  And the Town does acknowledge a potential impact from the adjacent development, Mr. Garrett said.  But, the selectboard chairman stressed, the Town is not interested at the present time in taking over the proposed road.

            Mr. Hubbard raised the matter of Mountain View Drive which Mr. Garrett had cited; he said those developers at the time were not required to build to A76 standards as developers are now.  Mr. Hubbard said the cost for development of the road would here be clearly borne by the applicant, Mr. Gamache.

            The PC chairman advised that Mr. Gamache had submitted his application before the recent Interim Bylaws Moratorium on residential building in the new Growth Center.  The PC is simply trying to plan for the future, he said, in working such a scenario with Mr. Gamache.  The PC chairman said, “It’s only going to get worse.”  He forecast some predictions that the stretch from Exit 20 to Bushey Road could feature a 4-lane highway in the next 10 years.  Mr. Garrett responded that he did not think Mr. Gamache should be required to put in a cul-de-sac at just 300 feet into the development, especially with lot-building contained by a sluggish economy.

            Mr. McCarthy said that Diane Begnoche had allegedly cited a contact safety authority in connection with the State’s DMV.  He suggested that such a person be reached to assist in the decision before the PC and the selectboard.  Mr. Hubbard said that Mr. Gamache had already been in front of the PC for eight months.  The applicant is “not going to build 22 homes tomorrow,” Mr. Hubbard said, adding that he felt that a six-month traffic study would be quite unreasonable to impose if the developer could actually start to build four to five houses this Fall.

            Discussion followed concerning the proposed future alignment of an intersection accessing the Cummings and Gamache developments.

            Discussion of impact of a “green area” of a proposed pull-off point, which was not recommended.

            Mr. Gamache proposed that the Town promise to take over the road for the completed development which he hopes to see finished in four to five years’ time.

            Mr. Hubbard recommended lowering the speed limit to 25 mph “at Gary Underwood’s” to “the intersection”.  He said that businesses will be going in, and a new church is already in the planning stage.

            Contractor H.D. Campbell was present and said he has studied various traffic locations along the site.  The PC commended him for re-working two driveway cuts that were going to be installed but which, given new developments, were going to prove a problem.  Mr. Hubbard said the PC “doesn’t want to create a Route 7.”

            Zoning Administrator Ron Kilburn was present and asked Mr. Gamache to clarify that he indeed did intend to “phase” the development, as he had not heard this intent before from the developer.  Mr. Gamache said that development would depend on the economy – perhaps five or six houses developed a year.  It’s not a formal plan, he said, but due to finances.  Once he gains approval from the Town (he already has the PC’s approval for his plans), he can have as long as he wants to develop, given the permit.  Mr. Hubbard said that applicants have typically had to assume road infrastructure costs for PUDs in the past.  If an applicant comes before the PC and asks for a shorter length, a cul-de-sac can go in, with the remainder of development done later, he said.

            Mr. Hubbard said the PC is asking for an A76 road to be completed within the development, costs for which Mr. Gamache would assume.  Mr. Hubbard stressed again that he sees no problem with the Town’s assuming 400 feet of a cul-de-sac that would benefit everyone there.  The development already has the “full approval of the planning commission,” he said.

            Mr. Garrett asked about the impact of “tearing up three to four” of Mr. Gamache’s lots to achieve a remedy.

            Mr. Hubbard said none of the Gamache lots along the road could be actually accessed from Bushey Road. 

            There will be no connection from the Gamache lots to the adjacent H.D. Campbell lots, Mr. Hubbard said.  Reason?  A “landowner and a ‘massive’ septic system” intervene.

            Mr. Garrett asked if the PC could “live with” a [temporary] pull-off until Mr. Gamache builds more houses, then the Town could conceivably take over the resulting road into the development.  Mr. Hubbard cited a pull-off scenario now existing at “double-wides on [Route] 207.”  He said that the Town would have to get an agreement with the developer now – “Who knows what will go in across the road?” the PC chairman asked.

            Mrs. Holbrook asked why the PC even “took on the bus issue.”  Mrs. Lavoie replied that it’s a safety matter.  She offered that personally she is uncomfortable with the PC having assumed such responsibility when she feels such matters are the road commissioner’s or selectboard’s job.  The PC “has to feel that the selectboard is with them,” she said.  Mr. Billado conceded that as a selectboard, “we should be listening to [the PC’s] recommendation.”

            Mr. Gamache said he couldn’t afford to install a $150,000 road infrastructure “up front.”  He said it wouldn’t be feasible for him to install the whole cul-de-sac and then wait to see how the economy ran with the number of lots he has to develop to see his expenses repaid.  He noted he still has to go before an Act 250 process.  He did offer to build the road eventually, as required, to A76 standards.

            Mr. Hubbard forecasted that at some point in time, the Town would need to take over the Gamache development road.  He repeated what the road conditions are at peak traffic hours.

            Mr. Gamache pointed out that, unfairly, he is being tasked to blacktop up-front for the Town, but not Mr. Cummings.  “It should be three-quarters of the way through, and not now,” he said.  He encouraged the selectboard to approve a pull-off now, and stressed that the trailer park should actually feature the facility before a bus stops near his own development. 

            Mr. Garrett suggested that Mr. Gamache install a 35-foot pull-off now; and within a minimum of three, but maximum of four years, complete the infrastructure for a road and cul-de-sac within the development.  The applicant only has to do one of the above now, Mr. Garrett said.  He added that the speed limit from Route 207 to the Underwood property should be set at 25 mph.  It was noted that the Northwest Regional Planning Commission (NRPC)’s Shaun Coleman will be conducting a traffic study of Bushey Road for the Town’s benefit.  Mr. Thompson confirmed that the speed limit could be dropped to 25 mph, but that the selectboard cannot arbitrarily start picking roads for which they want to drop the speed limit.  Mr. Gamache said that sheriff coverage through speed limit enforcement would help once a speed limit is lowered at the site.

            Mr. Gamache said he would review with the PC where a cul-de-sac would be placed finally for emergency vehicles, which shall affect the first five lots in a “first phase.”  Then, he said, he would look at the “second phase.” 

            Discussion of the blacktopping every 300-feet as development proceeds.  Mr. Gamache strongly objected.

            The applicant asked why his development has been targeted for the “school bus issue.”

            Mr. Hubbard said the he does not think the applicant should blacktop a Town driveway.  If Mr. Gamache blacktops the first 500 feet, the Town could do the next stretches, the PC chairman said.

            Mr. Gamache asked if a school bus can enter onto a dirt road.  He was told the bus won’t go in at all unless it’s a Town highway, and the Town requires roads built to A76 standards.  – But there is no time requirement, Mr. Hubbard said, for a road to go in serving the last lot.  Mr. Gamache offered to submit a bond for $100,000 covering his liability for the black top for $100,000 in case he personally does not complete it.

            Mr. Hubbard acknowledged that a temporary pull-off for 3-4 houses would not be a big issue, but for the eventual 22 houses in that development alone, it would be an issue.

            Mr. Gamache concluded by agreeing to install at his expense a turn-off area for the bus (with no loading or unloading at this site), in cooperation with the Planning Commission.  He said he would not be responsible for the pull-off and that its creation and maintenance would not be assumed by the prospective homeowners’ association.  The developer advised that “5 to 10 years down the road,” he would have the complete road infrastructure in for the Town to take over.  He shall also voluntarily provide a $100,000 bond to the Town in agreement that the selectboard in the future will take over the development’s road as a Town Road.  The selectboard agreed with these conditions, and hereby imposed no time limit on the Mr. Gamache’s development of the road infrastructure, in observation of the slowed housing economy.

8.                  VILLAGE CENTER DESIGNATION. 

Mr. Thompson advised that Swanton’s Village Center Designation application would be reviewed by the VT Downtown Development Review Board on Monday, August 27, 2007, at 11:00 a.m. in Montpelier.  He apologized for not having included the Planning Commission in earlier discussion on the process that, admittedly, was “a selectboard initiative.”  The selectboard reviewed Mr. Thompson’s 8/21/07 memo to the PC on the matter, and attached list of upcoming meetings (8/27 – Village Center Designation Review; 8/29 – NRPC Vote on Swanton’s Growth Center; 9/13 – Route 7 Corridor Traffic Study public hearing; 9/24 – PC meeting to review and plan zoning bylaws updates. Selectboard and PC members reviewed the VT Downtown Development Board’s Agenda for 8/27, and Joss Besse’s review of Swanton’s application with comments dated 8/15/07. 

Mr. Hubbard said the PC had not seen a map of the proposed Village Center Designation boundary.  Mr. Thompson offered a map from the application for his and Mrs. Lavoie’s review.

Mr. Thompson noted again that it had been his oversight in not including the PC in discussions before, as the selectboard had had to pass the Resolution for the application.  He noted the Village Trustees had participated with the Selectboard in the resolution signing.  Discussion of inclusion, and eventual withdrawal, of various residential-assigned properties from the Downtown Designation map.  A Village Center includes its main and intersecting streets; commercial center; park; churches, and a limited number of residential properties, Mr. Thompson said, according to his consultation with Joss Besse of the State.  He said that Mr. Besse had told him that there was only $1.5 million for Village Center Designation distribution across the State, compared with $50m to $100m for low-income housing development.

The potential Downtown Designation status will allow Swanton property- and business-owners to take advantage of Vermont property income tax credits.  If merchants want to expand or improve their facilities, the designation allows for three categories of income tax credits toward which the merchants would be eligible.  Allegedly about 30 towns in Vermont already have such designation.  Mr. Hubbard said that the new Growth Center’s developments had proceeded in the PC’s “mind’s eye” with preservation of Swanton’s village center merchants at a high priority.  The Village Center Designation application is in itself an effort to show that Swanton is not abandoning its downtown, Mr. Thompson said.  Mrs. Lavoie discussed the statutory impact on the decision, and importance of affordable housing to be included.  Mr. Hubbard assured the group of the PC’s support for the Downtown Designation process.

Mr. Garrett cited potential future bridge repair (Route 78) which, when it takes place, will be a “traffic nightmare.”  It was noted that the last traffic count of the Village yielded a count of 1,500 tractor-trailers alone per day over a 12-hour (daytime) period.  Mr. Hubbard said he would include the selectboard in the PC’s conclusions from Mixed Use District discussion, which Mr. Thompson has proposed for September 2007.

9.                  SWANTON BIKE PATH – UPDATE.   No update available.

10.       REVIEW AND EXECUTE FRANKLIN COUNTY HUMANE SOCIETY CONTRACT.  Mr. Garrett read aloud the proposed contract submitted by the FCHS’s Executive Director, Pamela Eaton Siers, dated 8/13/07.  It was noted that the FCHS allegedly overlooked including a condition within the agreement, that those claiming lost pets must first pay the Town of Swanton any fees or fines before actually receiving the animal back from the shelter.  Mr. Billado moved that (1) the town administrator contact the humane society concerning the omission; and that (2) in the interim, the Town note its agreement to all other terms and conditions within the document; and that (3) the Town still intends to bring animals to the facility as previously discussed with Ms. Siers; and that (4) the selectboard anticipates that an amended contract can be signed at their next regular meeting (currently scheduled for 9/4/07). 

            Discussion of a resident’s previous petition to the selectboard concerning animal control issues, and review of Mr. Thompson’s 8/8/07 letter to said resident.  He has received no response from the letter.

11.   PUBLIC COMMENT.   None of record.

12.  CORRESPONDENCE.

·        Review of 8/14/07 Letter from U.S. Senator Bernard Sanders to Mr. Thompson thanking him for participating as a panelist during the Senator’s recent Transportation and Infrastructure Listening Sessions.

·        Review of Lt. Robert Evans State Police Swanton summary of activity for July 2007 and activity for week of 8/13/07 for Franklin and Grand Isle Counties.

·        Review of “rough draft” of 6/26/07 comments for Town’s audit from A.M. Peisch & Co., with summary recommendations.

·        Mr. Garrett signed authorization for Mr. Thompson to act as delegate for the Town at the upcoming Town Fair in October in Essex.

·        Review of copy of 8/9/07 list of property owners and parcels receiving tax credit for State’s submission of prebate in excess of actual property taxes.

·        Mr. Garrett signed a requisition submitted by Champlain Housing Trust.

·        Town Fair shall be Thursday, 10/11/07 at the Champlain Fair Grounds in Essex.  All of the Town staff plan to go, and selectman Sherry Holbrook also hopes to go.

·        Via Cheese expects representatives from the Dept. of Environmental Conservation (Agency of Natural Resources) to visit the plant on 8/22/07, concerning issues with the facility’s whey plant smell.  The plant is being reviewed for permitting.  The smell is described as “sweet” and not offensive, according to Mr. Thompson and selectboard members who knew.  Mr. Billado, who is also the Town’s Health Officer, shall attend the State’s visit along with the town administrator.

13.     OTHER NECESSARY BUSINESS.

·        Discussion of County Road paving – update.  Mr. Garrett said the paving started at the St. Albans Town line.  The paving effort will go “until they run out of money.”  Mr. Garrett asked that Mr. Hakey put up a construction sign on Beebe Road to alert oncoming traffic to the paving.

·        Discussion of allowance of various signs within the State’s rights of way on various State highways.  Mr. Thompson wondered, tongue-in-cheek, if agricultural-related signs are “exempt”.

·        Discussion of Road Foreman Terry Hakey – general health matter.

14.    SELECTBOARD MINUTES – 8/7/07 REGULAR AND 8/14/07 SPECIAL MEETINGS.  Mr. Billado moved that the selectboard approve both sets of meetings as recorded.  Mrs. Holbrook seconded the motion with it carried unanimously.

15.     EXECUTIVE SESSION – PERSONNEL MATTER     Mrs. Holbrook moved that the selectboard enter executive session for the purpose of discussing personnel issues.  Mr. Billado seconded the motion with it carried unanimously.  The selectboard entered executive session at 9:20 p.m.  Mr. Billado moved that the selectboard exit executive session, seconded by Mrs. Holbrook, and carried unanimously.  The selectboard left executive session at 9:29 p.m.  Results:  Mr. Thompson will write a letter of acceptance concerning the town lister position to applicant Tara Fournier, offering $11.50 per hour.  He will also send a letter of the selectboard’s decision not to hire him to Mr. Blondo, who also applied for the vacancy.

16.      ADJOURN.    Mr. Billado moved to adjourn the meeting, seconded by Mrs.

Holbrook and carried unanimously.  There being no further business at hand, Mr. Garrett adjourned the meeting at 9:30 p.m.

Typed on August 22, 2007

Minutes by Leigh Smith

Received and filed by:

_____________________________________      ___________________________

Doris H. Raleigh, Town Clerk                           Date           

Minutes

Swanton Selectboard Meeting

Swanton Town Office

One Academy St., Swanton, VT

Tuesday, July 17, 2007

7:00 p.m.

Purpose:  Regular Scheduled meeting for the Swanton Selectboard for the month of July 2007.

Present:   Harold Garrett, Chairman

    Sherry Holbrook, Selectman & Road Commissioner

                Dan Billado,  Vice Chairman

                Doris Raleigh, Town Clerk

                Richard J. Thompson, Town Administrator

                Leigh Smith, Recording Secretary

                Michael Montanye, Channel 16

                Brian Devaney

                Ernie LaRocque

                Ray Dixon, Animal Control Officer

                Rachael Gibson

                Grant Bissell

                Torrey Underwood

                Tammy Sellers

                Armand Messier, Village Trustee

                Neal Speer, Village President

                Chris Leach, Village Trustee

                Don Collins, VT State Senator

                Steve Wunsch

                Marvin Wunsch]                  

            Chairman Harold Garrett called the meeting to order at 7:02 p.m. 

1.  HIGHWAY ORDERS – 6/20/07 – 7/17/07.   Sherry Holbrook moved to accept the highway orders as printed for the period shown, seconded by Dan Billado.  Motion carried unanimously. 

2    HIGHWAY REPORT.  Sherry Holbrook advised that Pike Paving is now paving Lakewood Extension and Champlain St., the road crew has cut away the brush in those areas. The paving began at both sites on 7/17/07.   

3.    ROAD CUT REQUEST – COUNTY ROAD – CLARK.  Mr. Thompson advised that David Clark of 130 County Road is seeking permission from the selectmen to cut across the road pavement in order to install a drain pipe (the road foreman believes to access a leach field) across road.  It was noted that typically the Town writes a letter to such applicants allowing them to do so but alerting them that it is the applicant’s responsibility to maintain the road there for one year after.  Mr. Garrett advised the drain-pipe must be sleeved (one pipe inside of the other).  Mr. Clark shall have to repair the cut and have it re-black-topped.  It was noting that the Town is paving further down on County Road from the Clark site,  and is not anticipated to pave near the applicant this year.  Mr. Thompson shall write a letter of approval to Mr. Clark, which Mrs. Holbrook shall sign as Road Commissioner. 

4.   GENERAL ORDERS – 6/20/07-7/17/07.   Mr. Billado moved to accept the general orders for the period shown as printed.  Mrs. Holbrook seconded the motion with it carried unanimously. 

5.         ECONOMIC DEVELOPMENT FUND – 6/20/07-7/17/07.  Mrs. Holbrook moved to accept the economic development fund report for the period shown as printed.  Mr. Billado seconded the motion with it carried unanimously. 

6.         PAYROLL REPORT – 6/20/07-7/17/07.   Mr. Billado moved to accept the payroll report as printed for the period shown.  Mrs. Holbrook seconded the motion with it carried unanimously. 

7.         DONALDSON ROAD ISSUES - STEVE WUNSCH.  Steve Wunsch was present to discuss water issues along Donaldson Road.  He noted he had taken care of water problems on and near his property for 30 years by ditching and re-graveling his driveway.  He described how water is coursing down Donaldson Road now following strong rain, which he feels is due to an uneven pitch in the road.  He asks for correction from the town road crew. He said that a storm drain had been installed at Mike Evans’ property where the water seemed to originate, but now the water seems to be coming from the Wunsch mailbox site as well as Evans’, he said.  He stressed again it is due to the pitch of the road.  He said road crew had weed-whacked ditches on the pavement, and that the ditches are all now filled with trees.  The road appears to be graded horribly, he said. Mr. Wunsch said he has raised his driveway and installed a French drain to remedy the problem, but water continues to come from the neighbor’s house and the road. Road foreman T. Hakey allegedly told him that the water was due to logging efforts on Mike Evans’ property.  But Mr. Wunsch disagrees.  He claims that the ditch on the Howrigan property side of road gets no water, while he receives it all on the other side.  He offered videos and pictures he had allegedly taken to support his view of an ill-constructed pitch in the road.  Mrs. Holbrook said that she had visited the area and observed that Mr. Evans “doesn’t have any washed-out spot on his driveway, because he has a drain under his driveway.” Mrs. Holbrook said she had a hard time finding out what was wrong.  Mr. Wunsch replied that the whole road is pitched toward Mr. Howrigan’s house, toward the ditch side.  The highest side should be on the Evans’ property side, he said.  He said he wished the grader would create a simple swale in the middle of the road.  There is a culvert on his side going to the reservoir side.  He complains that his land is flooded, and offered to show the selectboard the conditions during any upcoming rainstorm.  He requested that a third party, “perhaps Andy Leduc”, evaluate the problem at the site.  He said there is a ditch only on one side of the road, which hasn’t been cleaned in a while anyway.  He complained that the ditches on both sides, however, are not clean.

            Mr. Garrett acknowledged that there have always been problems with the Howrigan side of the road because of the trees there.  The Town dug a ditch, which killed the trees there; the trees were “on their way out”  anyway, Mr. Garrett said.  He said five years ago, the Town tried to plug a culvert at the site to try to steer water down one side only.  Mr. Garrett said he now believes that the Town should put a swale on Mr. Wunsch’s side that catches the water, with a crown in the middle of the road.  Discussion of sloping the pavement a particular direction. Mr. Garrett said that the crown in the road should always be at the center to keep water from the shoulders of the road as much as possible to avoid wash-outs.  Mr. Wunsch said a swale won’t help.  He believes between Evans and his driveway should be an open ditch to the Donaldson Road, from which the town’s road crew could run a culvert.   Mr. Wunsch also said if a grader could cut a slight open swale before his driveway at his mailbox, it would allow water to flow into ditches on both sides of his driveway.  He discussed creating a ditch between his property and Mr. Evans’ along a diagonal, which the road crew could complete with work on the road when possible.  Discussion of cutting berm off to cause water to flow into the ditch.  Further discussion of the town’s past remedy to plug ditch.  A culvert is at the top of Reservoir Road, which was cited as, if failing, would create problems for the Howrigan property.  The road crew will continue to mow in the vicinity despite their paving commitments elsewhere now.  Mr. Garrett foresaw that in another year or two, the site could be black-topped which would help remedy the problem. 

            Mr. Wunsch says he has filled his driveway with stone twice, but it keeps getting washed out.  Mr. Garrett felt it might be a couple of weeks before the road crew could attend to the issues, but that they would certainly be there soon, to create the slight open swale before Mr. Wunsch’s driveway, and work on the road as discussed. 

8.         VILLAGE CENTER DESIGNATION DISCUSSION.   Mr. Thompson said the Village Center Designation applications for Swanton had been hand-delivered to the Montpelier grant agency on 7/17/07. He said that the State’s Josh Bessie noted that the final documentation needs to be in by 8/13/07, and the final board meeting will take place some time the week of 8/27/07.  Mr. Bessie has suggested to Mr. Thompson that the Town refocus its map with a boundary line along commercial property and exclude residential and industrial properties. Mr. Thompson understands what is being looked for, and said he would get with the Northwest Planning Commission (NRPC) to create and submit a revised map by the deadline of August 13th.  Mr. Bessie otherwise allegedly felt that there was much that wasn’t necessary in Swanton’s packet, but it all “looked good.”  He has allegedly commended the Village’s support in particular.  Mr. Thompson said that merchants in Swanton Village supplied about ten letters of support for the packet. A copy of the application is available for the public’s review at the Town Office.  Mr. Thompson felt that the result of Swanton’s application would be known within two weeks after 8/27.  If it wins Village Designation status, Swanton will still have to reapply every two years.  Mr. Messier asked if by altering the map discussed this evening if it would change the current zoning boundary designation of the Central Business District. --No, Mr. Thompson answered, it would change the parameters of the Village Center Designation map only.  He said that parcel maps could be overlaid on the application map to exclude residential and industrial properties according to Mr. Bessie’s suggestion. The map that was submitted doesn’t show parcels.  The new map can allow for color-coding. The selectboard reviewed a copy of the application that was submitted.  Mr. Thompson explained that the center has to incorporate “its main street and intersecting streets -- the ‘core’.” The Village Trustees and Village President Neal Speer were present to support the action, they said.  Mr. Garrett said he hadn’t signed the application because he had not been present at that particular meeting.  Following a request by Mr. Messier, Mr. Thompson agreed that when the final map is developed for the application, the town administrator will ensure that copies of it get to the Village.   

9.                  SWANTON BIKE PATH UPDATE – AMY BREWER – FIT FAMILY

COALITION.   Amy Brewer of the Fit Family Coalition & Northwest Medical Center (NMC) was present.  The Selectboard reviewed her relevant e-mails from 7/13/07.  Ms. Brewer confirmed that grant funders had approved turning Swanton’s existing rail bed from Robin Hood Drive to the Missisquoi River into a community biking and walking path.  Mr. Thompson is still waiting for a lease signed by the State releasing the site to the town for the project. Ms. Brewer said project planners would like to “build up an energy about it” and contact abutting property-owners about the plan, to discuss impacts of the developments at a public forum.  She is seeking the Selectboard’s approval to pursue those contacts and a public hearing.  Mr. Garrett acknowledged that the “main stumbling point” is waiting for the State’s release through the anticipated lease.  Mr. Thompson advised that on 8/7/07, at 9 a.m.,  State representatives will be walking another section of the rail-bed.  The town administrator said he called the State’s Larry Donna last Thursday (7/12/07) and was told state officials were eager to walk the railroad bed and to sign the lease.  It was felt that officials have ignored the legal issue about conveying the bed, but are walking the bed anyway.

            Ms. Brewer said her team had originally hoped for an approximate date of August 11^th as a volunteer day, if the lease came through and the Town could clear enough of the path so volunteers could get through to clear brush.   The selectboard suggested that the team pursue a date later in the fall when it should be cooler; a better turn-out appeared likely in September.   There appears to be no “drop-dead” date for spending the money, Ms. Brewer told the board.  A public meeting could be held with the abutting land owners at the selectboard’s next regular meeting on 8/7/07, Mr. Thompson suggested.  Mr. Garrett suggested having the public meeting right on the railroad bed itself.  The last time there was a public hearing on the bike path, he said, the people who came were mostly from the Grand Avenue through Robin Hood Drive area, because their houses are nearer the proposed trail on that stretch. Mr. Thompson said he’s on the Lamoille Valley Rail Trail Committee which considers a path from Swanton to St. Johnsbury.  He said there are many encroachments along that track to be resolved.  There are both negative and positive encroachments.  Mr. Thompson suggested there could be two meetings – one covering Grand Avenue to Fourth Street residents and the other, Fourth Street to Robin Hood Drive residents.

It was noted that there motorized vehicles will be forbidden along any part of the proposed Swanton bike path.  Mr. Thompson said that AOT’s Sue Scribner will be present at the selectboard meeting on 8/7/07 to provide an update on the Milton Truss Bridge project.  It was noted that there will be bollards erected on the bridge to forbid motorized vehicles from traversing it.  Ernie LaRocque was present, and predicted that there would be violators to the motorized vehicle policy.  Mr. Devaney was present and said the Village has a “hard enough time keeping ATV’s off the streets,” how will the Town keep them off a walking trail?  Mr. Garrett responded said that according to the research the Town has seen, once a bike trail begins to be used, “they pretty much police themselves.”  He asked the Trustees to verify that “the renegades are probably the same,” but they likely would not want to be confined in the way the bike path would make them.  They wouldn’t want to be on the bike path because of the restrictions at the river and open into the Town, he said. They couldn’t get out through bushy areas.  Mr. LaRocque asked if perimeters could be concrete, and that a gutter be established, so that 4-wheelers can’t penetrate the ditch-boundaries.

            A walk-through of the path from Robin Hood to Johns Bridge with state officials is set for the morning of 8/7/07.  The State is still due to give clearance on the other stretch of bike path discussed this evening.

            Sen. Collins was present and discussed legislative response to AOT’s funding for the Milton Truss bridge matter.  Sen. Collins was able to clarify that the funding is certainly available, however hazy the previous discussions had been.  He offered to “put pressure” where necessary to resolve bike path matter.

            A public meeting for residents along the proposed Swanton Bike Path (Fourth Street to Grand Avenue stretch) shall be set for 6 p.m. on 8/7/07, with everyone due to meet at the Town Garage parking lot (on Fourth Street).  This shall be part of, and precede, a regular selectboard meeting.

            A public meeting for residents along the proposed Swanton Bike Path (Fourth Street to Robin Hood Drive) shall be set for 6 p.m. on 8/14/07, with everyone due to meet behind the Vermont Precision Tools Building off Robin Hood Drive.  This shall be a special selectboard meeting. 

The Town will also send invitations to both public meetings to the Village Trustees, Village Manager & Village President. 

The Town will send out a letter to property owners notifying them of their respective meeting time, Mr. Thompson will oversee the notice. He said he will be in touch with Ms. Brewer for information before any letters go out.

Ms. Brewer said the budget had been approved, with money left over to plan activities and plan healthy eating initiatives for Swanton families.

Mr. Garrett suggested inviting Shelburne Limestone Corp.’s (SLC) Dennis Demers to a meeting to discuss the matter with him, hoping for the manager’s goodwill in the venture; however, the Town acknowledges his extraordinary generosity in the past and does not want any approach to appear overbearing or insensitive.   

10.       ANIMAL CONTROL ISSUE –  Ernest LaRocque, Rachel Gibson, and Animal Control Officer (ACO) Ray Dixon were all present relating to the recent impoundment and euthanization of Mr. LaRocque’s dog, a beagle mix, which had been found at large and unidentifiable on 6/18/07 at the Town offices.           

Mr. LaRocque was sworn in by Mr. Garrett concerning his testimony, beginning at 8:04 p.m.  Mr. Garrett reviewed the order for the hearing proceedings.

            Mr. LaRocque said he had a dog named “Byoji.”  The dog had been in the family for 12 years, and was liked in the neighborhood as well by family members.  He passed around a small picture album with pictures of the dog for the selectboard to review.  Mr. LaRocque said that on the week of June 20^th (2007), the dog came up missing.  Normally it comes back alone, he said.  He showed a green collar that allegedly broke off the dog.  He said that Rachel (Gibson, who was also present) and the kids had hoped the dog would come back.  He showed the selectboard copies of flyers family members had made to substantiate that they had been looking for the dog, but the exact locations of any flyer-postings were not noted.  He said Rachel had tried to call the ACO (Mr. Dixon), but never left a message.  At the latter part of that week, he said she grew very concerned.  Mr. LaRocque said Mr. Dixon returned a call on the evening of June 28th and spoke to one of the girls in the house.  The LaRocque/Gibson children range from 2 to 16 years.  The ACO allegedly spoke to one of the girls, and Mr. LaRocque recounted the alleged conversation with Taylor,  an 11-year-old:

RD: Animal Control.

TL:  Who?

RD: Animal Control, are you missing a dog?

TL: Yes.

Mr. LaRocque said his daughter allegedly gave a description of the dog to the ACO and wanted to know if he had found the dog. He allegedly told her “Yes, I put him down.” Taylor allegedly cried, “You killed my dog?”  He allegedly answered, “Yes,” and she hung up.  Mr. LaRocque said the rest of the kids were in the house, hanging right around the phone and took the news very hard.  He said he is very upset.  He said the couple “don’t speak a death to their children,” that “when someone passes,” they say someone has “gone to heaven.”  He told the family he would go to the Town Office to get the matter resolved. He said he came in on that Friday morning (6/29/07), and found Ray Dixon already there..  “You’re not very popular in this town today,” he said he told the ACO. “You killed my girlfriend’s dog.” -  “What dog is that?,” Ray allegedly asked Mr. LaRocque.  The owner told the ACO he’d gone up to Mr. Dixon’s pound before to retrieve Byoji in the past, and that the ACO had even brought the dog back to its house in the past, too.  Mr. Dixon allegedly told Mr. LaRocque that he had never seen the latter at his pound, that Mr. LaRocque had never paid him before (for impoundment fees), and that Mr. Dixon had never even retrieved the dog before.  Hearing that from the ACO, Mr. LaRocque said he then called Mr. Dixon a liar.  Mr. LaRocque said that the ACO then  threatened to “kick the shit out of him” and they argued about going outside. “He backed up waving his arms,” Mr. LaRocque said, “and it’s a good thing he didn’t go outside because he would have hurt me.”  He said he didn’t argue any further with the ACO at that point, but turned to talk to Shirley Elwood, the Assistant Town Clerk.  He asked Shirley for a record of any money concerning the dog, noting that money should always be brought to the Town, not to the dog catcher.  Mr. LaRocque said he knew he wrote a check to the ACO on 3/30/04, and showed a copy of a check made out to Mr. Dixon then for $100.  Allegedly, nothing is on account at the town office as a record of the $100. 

Mr. LaRocque offered  statements from witnesses who allegedly saw the dog being returned to its house by the ACO two years ago.   The owner said that Ariel and Harold Berger were also witnesses, but that Harold has since died and Ariel is too frail to approach about the matter.  He showed town records of cash receipts for the period of the check and noted that his $100 was not accounted in any of it.  He said that he had to tell his daughter “a thousand times” about the “man killing the dog,” -- he couldn’t justify the ACO’s killing the elderly amiable dog.  He said he doesn’t know why Mr. Dixon is claiming he doesn’t remember the dog.  He said it was a harmless dog, as “one can see in the pictures.”  Mr. LaRocque said he is against killing dogs.  He said the dog “got loose once in a while,” but disagreed that the dog should be shot because of it.  He said the dog slept with his daughter and it had been hard on the whole family.  He asked why Mr. Dixon hadn’t talked with Ms. Gibson or himself about the dog’s death rather than tell the girl.  He said he will “never tolerate another man threatening him in a public office with a public position.” 

            Town Administrator, Richard Thompson was sworn in by Mr. Garrett concerning his testimony.  Mr. Thompson said that during the week of June 18-June 22, 2007, informal tax appeals were being held at the town office. There were three rooms full, and he described the alleged layout of personnel.  The place was “really, really busy,” he said, and “there were six chairs lined up in the hall for people waiting for appointments”  Mr. Thompson said he was at his desk on June 18^th when the dog came in the town office door, and up to the side of him.  The dog also went out to the women in the front office.  The women proposed the dog had just walked in with some of the hearing folks, they hadn’t seen him previously.  Mr. Thompson said the dog had a collar on at the time, but it was not the green collar shown to the selectboard by Mr. LaRocque.  The town administrator noted the dog as a “friendly dog.”  The dog came back into Mr. Thompson’s office with him and allegedly lay under his desk for a long time.  Mr. Thompson said his instinct was that, as he’d never seen it, someone must have  abandoned it.  He confessed to feeding it some chocolates and the dog then followed him around.  At 3 o’clock that afternoon, Mr. Thompson said he paged the ACO.  The dog had no tags, and he said he was confident that it had been abandoned.  Mr. Thompson said he was only able to leave a message on Mr. Dixon’s answering machine. He said he knew the ACO doesn’t wear pager in the latter’s garden.  Just before 4 o’clock, he instructed the ACO to pick up the dog outside because it would be put outside.  He said that if the dog had been abandoned, he thought it would be back at the offices the next day (June 19^th) and he’d  call the ACO to come get dog again.  At 9 o’clock the next morning (6/19/07), the ACO came in response to Mr. Thompson’s page.  Mr. Thompson described that the dog had been at the town offices, and the ACO allegedly told him that he already had it in his possession.  Mr. Dixon allegedly said that “someone at 30 ½ Church Street” had called him and wanted the dog picked up at their house the night before.  Following that retrieval, Mr. Thompson said the ACO then posted a found dog notice on the town bulletin board.  The selectboard reviewed a copy of the public posting.  The ACO has spent money in the past to find homes for dogs, Mr. Thompson said.  The Town has been successful finding a number of homes for dogs and have not had to put many down if you look at euthanasia log, Mr. Thompson said.  The town administrator said he encouraged the ACO not to put the beagle mix down.  Mr. Thompson said that paralegal Steve Cushing was allegedly in the office that Thursday (6/21/07) and he was telling Mr. Thompson about his wife almost bringing a dog home.  Mr. Thompson said he told Steve that the ACO had a nice little beagle.  At Mr. Thompson’s request, the ACO went and got the dog – it was the dog’s 4^th day with Dixon by then – and returned with it to see if it would meet the paralegal’s approval.  Mr. Thompson said he had left the office upon the ACO’s return, but that the dog had reportedly jumped on Steve and consequently the man turned down the chance to take him.  On Monday ((6/25/07), Mr. Thompson said Mr. Dixon allegedly came into the office and the former asked if he had found a home for the beagle, but the ACO responded that he had put him down.  On the following Saturday (6/30/07), Mr. Thompson said he came in to office for some reason, and Shirley Elwood was there and told Mr. Thompson about the confrontation between Messrs. Dixon and LaRocque on Friday, 6/29/07.  - Mr. LaRocque then interjected that Town Clerk Doris Raleigh had been present during the meet-up on Friday.  – Mr. Thompson responded that if a tag had been on the dog, it would have been returned immediately. 

            Swanton ACO Raymond Dixon was sworn in by Mr. Garrett concerning his testimony.    Mr. Dixon said that on 6/18/07, he got a call from the resident at 30 ½ Church Street wanting him to pick up the beagle mix.  He said he picked up the dog and made out the paperwork on 6/19/07 because the Town Clerk was closed at the pick-up time. - It was the evening of 6/19 the dog disappeared, Ms. Gibson interjected.  -- It was 6/18 the dog was at the town offices, Mr. Thompson responded.

            Mr. Dixon recounted how Mr. Cushing had not been interested in dog after it was shown to him.  The ACO said he allegedly kept the dog for “four days plus.”  He said the dog was put down “on the eighth day” and buried.  All the owners had to do was call the Town Clerk, “which they did not do,” call the ACO “which they did not do,” or call the Humane Society, “which they did not do”. He said he had done all of these things and no dog was reported lost.  Concerning the $100 check in 2004 from Mr. LaRocque, he said he had sold him some “knives.”  He said a dog fine had been paid back in 2000.  He had to go back seven years to find it.  He couldn’t remember the dog after seven years.  He did everything he was supposed to, and so did the Town, he said.  He said Mr. LaRocque was “very loud” in the Town office and that the ACO had suggested going outdoors to continue their conversation.  He charged Mr. LaRocque with calling him “a liar and a thief” several times, “- and I am neither.”  He said he got a telephone call on 6/28/07, it was still on his “caller ID,” and he said someone asked if he had picked up a beagle mix.  He said yes. He said the person said the dog “had a red collar on.” Mr. Dixon said he allegedly replied he had “probably put that dog down.”            

            Rachel Gibson was sworn in by Mr. Garrett concerning her testimony.  Ms. Gibson said the dog went missing on June 19^th .  She said the dog wasn’t a fixed male and had probably wandered after escaping while they were fixing a screen.  She claimed that the ACO “had his hands on the dog ten to twelve years ago.”  She said she had tried to call the ACO several times, she allegedly called him on approximately the fourth day, and Mr. Dixon allegedly told her he didn’t have the dog.  About the seventh day, she said, they went up to Mr. Dixon’s property and heard the dog barking in his garage.  She recounted the encounter with Mr. Dixon.  She said that her phone number had been inscribed on the back of the dog’s collar.  Mr. Dixon allegedly told them that he had called but they didn’t have an answer machine on which to leave any messages.  She said she called Mr. Dixon on 6/28/07.  She claimed she didn’t know she could come in the town office to find out the dog’s status.  She said she that on 6/28, she called and left a message again and said that the dog was missing.  She then left the house with a teenager watching the children.  When she came back the kids were all crying, allegedly in response to the news communicated in a phone call with Mr. Dixon.  She said she called Mr. Dixon back and asked, “How could you kill our 11-year-old dog?”  She exclaimed that he had certainly brought the dog back after wandering, to their house before. She then told Mr. Dixon she wanted the dog’s body.  He allegedly replied, “You’ll have to come dig it up.”  She told him she’d be there the next day (6/29).  She said she was there at 6:30 a.m., she brought Grant Bissell (who was also present during this meeting) with her. She said she had to wait for the ACO to show up, during which time they found “four fresh graves.”  She tearfully described that her dog was in the ground with one leg sticking out, with maggots swarming upon it.  She said that when he turned up, Mr. Dixon allegedly claimed he “didn’t know” when he had killed the dog.  He allegedly told her he had kept the dog four days.  They dug the dog up.  She described that part of the dog’s flanks was simply “skeleton,” and that she believed that the carcass had been buried longer than she was led to believe.  “[The dog] was part of my family,” she said. “He was older than most of my children. [Mr. Dixon] told me to get out of there, to go away.” 

            Mr. Dixon responded that when “they told me they put flyers,” he had asked where they were posted.  He said he’d been told at the post office, and when he asked Doug Wright at the Swanton post office to help him verify, there was no posting.  He said the postal employees don’t usually allow pet postings on their bulletin board there.  - Although a flyer concerning the Gibson cat is still up, Ms. Gibson said. 

            Mr. LaRocque said Mr. Dixon had indeed sold the former a sword. But that in Mr. LaRocque’s checkbook, the $100 was allegedly written for “dog catcher”.  He offered to retrieve the checkbook register from his residence for the selectboard’s review.   

            The ACO said the issue is,  did the Town follow every regulation that the Town has to follow in such circumstances? 

            Mr. Garrett said that dog issues are the biggest and most emotional things the selectboard has to face, and that they hate to do so.  Mr. Billado offered that he felt for the dog owners, that he had a dog as well, but the Town has a Dog Ordinance which reflects State statutes relating to dogs.  Maybe Mr. Dixon could improve the way he conducts himself interpersonally, Mr. Billado said, but what was submitted in writing by Mr. LaRocque’s witnesses is “hearsay.”  The letters submitted for evidence were duplicate-worded letters for someone to sign, Mr. Billado noticed.  On behalf of the ACO, Mr. Billado felt Mr. Dixon had followed everything that is required by law to deal with the animal.  Mr. Dixon kept the dog almost twice as long as normal, the selectman said, and there is no way to verify if the ACO knew the dog previously or not.  Ms. Gibson objected to the ACO’s shooting the dog.  Selectboard members assured her that shooting animals is an accepted euthanasia practice allowed under statute.  She objected to the ACO’s talking to her children.  Mr. Billado explained that the selectboard is hearing a mixed event: “Mr. Dixon called…” and “The family called him…..”  Mr. Billado said the reason the selectboard was hearing the matter was in regard to Mr. Dixon’s putting the animal down and the protocol used.  Rachel Gibson asked, what if he knew whose dog it was?  Mr. Dixon claimed he did not know whose it was.

            Torrey Underwood undertook to speak regarding another case with the ACO which the selectboard turned away because it did not address the case at hand.    Rachel Gibson and Ernie LaRocque said that the ACO had said he’d never been paid by Mr. LaRocque, or that he had even seen the latter before.  The copy of the cashed check submitted this evening is his basis for calling Mr. Dixon a liar, Mr. LaRocque said.  Mr. Garrett said that all impoundment fees go to Mr. Dixon anyway.  The only thing going to the Town would be a fine.  Mr. Dixon’s job would be, if a fine is imposed, to tell a dog-owner that he/she first had to pay a fine and then retrieve the dog.  The select chairman noted that Rachel Gibson had last paid $20 on July 24th in 2000.  

            He has been in place as ACO since about 1999, Mr. Dixon estimated. 

            Mr. Garrett reviewed “Rachel Gibson dog incident history” (available in the town administrator’s office) since 8/30/98.  He noted the Memorandum of Agreement from 11/3/1999 that Rachel Gibson had signed agreeing that she would annually register all of her dog.  Ms. Garrett expressed surprise over the MOA, not remembering it.  Mr. Garrett read the agreement, and showed copies of it, which included Ms. Gibson’s signature from that date.  Mr. Garrett continued to read Ms. Gibson’s dog incident history. He said the Town has dealt with no less than eight dog issues with Rachel Gibson. 

            Ms. Gibson objected that the ACO could “call a child and lie.”  She said she had followed the laws.  She cited that Mr. Dixon has killed innocent dogs.

            According to Swanton records, Mr. Dixon has killed nine dogs for the town in five years.  Mr. Dixon is also Highgate’s ACO, however.

            The ACO said that when Ms. Gibson came to his property, there were four holes from where Christmas trees had been taken out where he sold them, which she had mistaken for graves.  He said there were not more graves, and not four graves as she cited earlier.

            Mr. LaRocque said the incident between the ACO and himself had “everything to do with a public official in a public office”; and he said it was illegal, and Mr. Dixon “should have been fired on the spot.”  The ACO objected that Mr. LaRocque had been very loud, screaming, and using bad language in the town offices.  Mr. LaRocque said he was doing so because of the anger he felt at Mr. Dixon’s saying he didn’t know the dog.  The ACO had told him to “go outside” and he considered that a threat.

            Mr. Dixon asked how he could have called Mr. LaRocque’s daughter when he didn’t know who owned the dog.  Mr. Billado said that as far as following the statute, the ACO had followed everything.

            Ms. Gibson recounted the documented incident with Faith Dubois (a bite incident in August 1998).  She cited that Mr. Dixon had been on her property at “three in the morning” getting the dog, that she had picked up a bat in defense and he had replied that he’d be back with a warrant.  After ten days were up on the rabies, the dog “mysteriously showed back up at [Ms. Gibson’s] house,” the ACO said.  He cited a hole in his chainlink fence that he believes was put there by Ms. Gibson to retrieve the dog unlawfully.

            Mr. Thompson said there had been pictures to prove the extent and nature of Ms. Dubois’s injuries.  It was a severe bite. Ms. Dubois had had to [unnecessarily] take the vaccine, but because the dog was missing from Mr. Dixon’s kennel.  The dog absolutely broke her skin, Mr. Thompson said.  He said he still has the medical bills from Ms. Dubois.  Mr. LaRocque argued that it wasn’t necessary, that Ms. Dubois had not sustained any broken skin. 

            Mr. Garrett said problem is the selectboard is dealing with two different dogs. 

            Mr. LaRocque and Ms. Gibson objected again to Mr. Dixon’s treatment of their beagle-mix by shooting it, disposing of it as he did, and then calling the girl.  Mr. Billado said he gets “every call that goes to the hospital, from any incident.”  He said he could see from Mr. LaRocque’s personality exactly how a confrontation with Mr. Dixon could have developed. 

            Mr. Garrett asked Mr. LaRocque to clarify whether the selectboard had or had not followed protocol.  Mr. LaRocque said he is recounting the events from “A to Z” because the ACO had no right to euthanize the dog, because the ACO “knew the dog.”  Mr. Garrett offered the Town’s dog ordinance, and read aloud from the “At Large” section.  Mr. LaRocque acknowledged the legality of that section.  Mrs. Holbrook said she believed it was not the legality of the issue, but the ACO’s “attitude” that Mr. LaRocque was really present to protest.  She said that the ACO’s calling and leaving a message with a child was wrong.  Mr. Dixon responded that that wasn’t done. 

            Mr. LaRocque asked what the sense was of his testimony was if “none of it is relevant”?  Mr. Garrett said he was trying to clarify if there had been a violation of the town’s laws in having the dog put down, or if the ACO simply had personal conflict with Mr. LaRocque.  Mr. LaRocque said Mr. Dixon had “put a horrible thought” in his children’s minds.  “Why is it right for him to call a house and blow their minds?” he accused.  “Now it’s in your park,” Mrs. Holbrook told him. “[The ACO] did his job, and there is nothing more the board can do.  And Rachel signed the MOA….”

            Mr. Garrett asked about the dog’s collar.  Mr. Thompson said when the dog came in the town offices, he had a collar but it was not the green collar shown by Mr. LaRocque.  Mr. LaRocque and Ms. Gibson said that they want the town ACO relieved of his duties.  The ACO told the group that he offered Highgate to take his job back, but no one had come forward.  Mr. LaRocque confessed that he personally couldn’t take the job.  He added, however, that “you can’t give it to someone who doesn’t love animals.”  Mr. Garrett said that it costs the Town $75 a day to keep a dog at the local humane society if the ACO doesn’t impound it. 

            Ms. Gibson asked about where else the found dog had been advertised.  Conflicted discussion followed.

            Unfortunately, the dog was euthanized, Mr. Garrett said, but not without being according to the correct statutes and bylaws.  There are no statutes on how a euthanized animal dog should be buried. “It just says it has to be buried.”  Mr. Garrett  that the couple should come up with a person who’s willing to do the ACO job if they are dissatisfied with Mr. Dixon. – “Someone with experience and who knows what he’s doing, “  the ACO added.  Mr. Garrett stressed that the November 1999 Memorandum of Agreement signed by Ms. Gibson is still in force whenever she is in Swanton. 

            Mr. Devaney asked whether there was a line item on the town’s annual budget that supports the Franklin County Humane Society.  – Yes, but the money is just to maintain their building, the selectboard chair answered.  Mr. Devaney said it would be nice if the humane society “stepped up….— “But they won’t,” Mr. Dixon and the selectboard replied.  Mr. Garrett said that at one time, he even refused to have the humane society on the town budget.  Mr. Thompson said he talks every now and then with the humane society’s contact.  The town pays $1,340 a year to “just have a facility available” he said, “their prices are ‘astronomical’ at the $75 a day they charge the town for a dog.  The humane society will euthanize an animal if they find it unadoptable.  The Town deals with Raymond Dixon usually in lieu of the humane society, as the ACO charges $30 for keeping a dog five days instead. Now the ACO also has a vet take care of euthanizing cats for a discounted fee. 

            Ms. Gibson asked why “people don’t receive word to call the town office in the event they lose their dog.”  She felt there could be information to do so put on the annual dog registration slips.  Mr. Devaney asked what the town’s fees were for.  – To pay the ACO, Mr. Thompson replied.  Mr. Garrett said Mr. Dixon had even been out on Highgate Road taking care of horses – beyond his duty. 

            The ACO said he kept the dog for eight days.  Mr. LaRocque said, why didn’t you just bring him back home?

            Mrs. Holbrook again supported the ACO’s actions. 

            The ACO said when he took over his responsibilities with Swanton, he had told the selectboard that he would not kill dogs. Months later, he said, he had 12 dogs hooked to chains on his property and was not being paid to feed them.

             The ACO said he would submit a resignation if someone else is more qualified to do the job and wishes to do so. 

            Mr. LaRocque asked about Mr. Garrett’s own interest in the issue.  Mr. Garrett replied that the conversations between Messrs. Dixon and LaRocque were unfortunate, but they had happened in front of “employees of his,” and should have been taken outside. --“The man asked me to step outside after he told me he was going to kick the shit out of me!” Mr. LaRocque protested.  Mr. Garrett offered on behalf of the selectboard that if Mr. Dixon had indeed called Mr. LaRocque’s daughter, then he apologized for it.  Mr. Billado recounted that the couple is upset with the fact that the dog was put down, but what Mr. LaRocque is really not comfortable with is the way it was handled – the biggest confrontation was between Mr. Dixon and the couple, not the couple with the town.  If they’re not comfortable with the Town, then they need to turn it into a civil matter, he said.  Mr. Billado added an offer of apology if the ACO called Mr. LaRocque’s daughter, but he said the selectboard would deal with that issue with Mr. Dixon separately in executive session. As far as euthanizing dog and firing Mr. Dixon for doing that, the selectboard finds that the ACO acted within legal provisions. 

            Mr. Billado said that maybe an “SOP” should be written about contacting a family about their dog, if owners are discovered following euthanization.

            There is nothing in the statutes now saying that the ACO couldn’t have spoken with a child, selectboard members said.

            Mr. Devaney said that when an animal is identified by whatever means, the town’s contact should only speak with the registered owner, not a child.

            The ACO asked again how he could have called if he didn’t know the dog’s owner?  He offered the evidence still on his caller ID in defense.

            Mr. Billado said that as health officer, every time he’d dealt with Rachel Gibson, she was cooperative. 

            Mr. Garrett said that if they could bring the animal back, he would.  The town doesn’t have any other way to contain at large dogs.  The town did try to find a home for it, Mr. Thompson again pointed out again. Mr. LaRocque said it “should have gone differently.”  There’s always legal recourse for him, Mr. Garrett told Mr. LaRocque.  The latter argued that he still must live with his daughter’s asking “Daddy, why did that man have to shoot Byoji?”  He apologized for raising his voice, his daughter comes first, he explained.

11.  CORRESPONDENCE.

1)                  Copy of Dog Order on Chad Tsounis dog (7/12/07) reviewed.

2)                  Mr. Garrett signed a document relating to the Marshall-Swift cost tables for Swanton to be licensed through 6/30/2008.

3)                  Review of 7/16/07 memo regarding cancellation of 7/24/07 Access Management Workshop due to NRPC’s Bill Rose job departure.

4)                  Review of 7/10/07 e-mail to Catherine Dimitruk of NRPC regarding the Agency of Natural Resources (ANR) proposed allowance for conversions of seasonal to year round residences without septic upgrade requirements. Review also of NRPC’s 7/5/07 letter to Secretary Crombie of ANR, cc’ing Jeff Wennberg, DEC Cmsr., Rep. Richard Marek, Chair, LCAR, Regional Legislators and Municipal Officials regarding the proposed policy, which Mr. Thompson finds preposterous.

5)                  Review of State Police Lt. Evans’ 7/16/07 e-mailed police reports for 7/9/07.

6)                  Mr. Thompson advised there would be a Water Quality Workshop on 8/8/07 from  6:30 to 8:30 p.m. at the Village Complex.

7)                  The town administrator also advised that on 8/7/07 at 9 a.m., there would be a meeting with the State’s Dick Hosking and Larry Donna to walk the “Fonda Spur” of the railroad bed from Robin Hood Drive to Johns Bridge

8)                  As of 7/16/07, there are only three tax appeals going to the BCA out of 3500 parcels which were reassessed by APAS.

12.       PUBLIC COMMENT – None of record. 

13.       EXCAVATOR LOCATION – General discussion.   

14.       MINUTES OF 7/3/07 AND SPECIAL 7/9/07 MEETINGS.  Mr. Billado moved to accept both sets of minutes for the meetings cited above, with Mrs. Holbrook seconding the motion. Motion carried unanimously. 

15.       EXECUTIVE SESSION – LEGAL ISSUE.     Mr. Billado moved that the selectboard enter executive session, seconded by Mrs. Holbrook and carried unanimously.  The selectboard entered executive session at 9:32 p.m. 

            Mr. Billado moved to exit executive session, seconded by Mrs. Holbrook and carried unanimously.  The selectboard exited executive session at 9:53 p.m. 

            Results:  The selectboard discussed the ongoing fire truck issue with Swanton Village.  The selectboard upholds their prior decision to not engage in any further conversations with the Village over the alleged $8,000 discrepancy. 

16.              OTHER BUSINESS.

·        SCREENER FOR $2500 FOR ROAD WORK– The selectboard approved money for a screener, which shall be taken out of “sand money,” with proposed purchase to come from Mike Gosselin.

·        FLEET Permits – Mr. Garrett signed two FLEET permits:  one vehicle for John Chamberlain, Jr; and two vehicles for Jay Masterson, none to exceed 60,000 pounds. 

17.              ADJOURN.   Mrs. Holbrook moved that selectboard adjourn its meeting,

seconded by Mr. Billado and carried unanimously.  There being no further business at hand, Mr. Garrett adjourned the meeting at 9:54 p.m. 

Typed on July 18, 2007

Minutes by Leigh Smith

Received and filed by:

____________________________________     ___________________________

Doris H. Raleigh, Town Clerk                     Date

Minutes

Swanton Selectboard Special Meeting

Swanton Town Office

One Academy St., Swanton, VT

Monday, July 9, 2007

7:00 p.m.

Purpose:  Special meeting for the Swanton Selectboard with the following agenda:  1) Vicious Dog Attack Public Hearing; 2) Right of Way Request – Al Kinzinger; 3) Personnel – Executive Session, Town of Swanton Road Crew; 4) Any Other Necessary Business.

Present:   Selectmen:    Harold Garrett, Chairman

    Sherry Holbrook, Selectman and Road Commissioner

                Dan Billado, Vice Chairman

                Richard J. Thompson, Town Administrator

                Leigh Smith, Recording Secretary

                Armand & Gianna Messier

                Chad Tsounis

                Robin Witte

                Ray Dixon, Animal Control Officer (ACO)

                Al Kinzinger, Village of Swanton

                Jack Bergeron, Channel 16

                Terry Hakey, Road Foreman

                David Barney, Highway Crew member

                Kevin Lapan, Highway Crew member

                Maurice Jettie, Highway Crew member             

            Selectboard Chairman Harold Garrett called the meeting to order at 7:05 p.m.

1.                  VICIOUS DOG ATTACK PUBLIC HEARING – Messier v. Tsounis

Armand Messier of 53 Canada Street was present with his wife, Gianna, was sworn in by Harold Garrett regarding his testimony.

Mr. Messier referred to his 6/29/07 letter to the selectboard detailing his version

of an attack by Mr. Tsoounis’ dog late evening of 6/9/07.  The letter is made part of Mr. Messier’s testimony.

            Mr. Messier admitted that at the time of the event he did not know who owned the dog, and said that only upon investigation at the Town office did he learn its ownership and that it was not licensed this year.

            He described walking on the Linda Avenue about 10 p.m. on June 9^th, and having the large-breed Bull Dog type dog charge him, his wife, and their cocker spaniel.  Mr. Messier fought the dog off, kicking it, with the fight finally bringing him to the center of the street and down on the right side of Linda Avenue.  He said Robin Witte emerged from the Tsounis residence and pulled the large dog off him.  She was apologetic and concerned according to his account.  Mr. Messier said he reported the incident to the S.V.P.D., whose officer checked him and the spaniel for dog bites and obvious scratches.  The officer then went to the Tsounis residence at 22 Linda Avenue in follow-up.  Mr. Messier offered a copy of the 6/21/07 S.V.P.D. report over Chief Michael McCarthy’s signature, which is included as part of the plaintiff’s testimony.

            Mr. Messier also showed pictures following the incident, also included as part of this testimony.  They included pictures of the cocker spaniel, which he said weighs about 23 pounds; Mr. Messier, “about a half hour after the attack,” illustrating damaged clothing; and a scope of Linda Avenue, with the Tsounis residence considered in context, though mostly hidden.  Mr. Messier said he felt the event wouldn’t have occurred if the dog had been registered.  He noted he only had Ms. Witte’s word to date that the offending dog’s shots were up-to-date.  He wants assurance that the dog is safe.

            Mr. Tsounis approached the board and was sworn in by Mr. Garrett regarding his testimony.  He described his return home from church with Ms. Witte and her parents about 9:30 p.m. on June 9^th.  He noted that his house had been up for sale since mid-May and that, with a move imminent, the couple had been making arrangements to give the dog away, but they had held on to it for accountability since the event.  He alleged there were about “65 phone calls” on his answer machine from folks wanting the dog and that their plan was to get rid of the dog immediately after resolving this matter.

            Mr. Tsounis said he was cooking a late supper while Ms. Witte went out briefly with the dog, who was not restrained.  He said he sat down and heard two dogs barking, and realizing the sounds were coming from the front, not the back where the dog usually stays, he went out front.  He said it was “pitch black” but he got up the street to where his dog was circling the Messier’s spaniel and grabbed the former, bringing him inside and staying with him.  He said Ms. Witte came inside shortly thereafter and reported her side of the story.  In 10-15 minutes a police officer came to the door and talked with only Ms. Witte.  Ms. Tsounis confirmed he was the owner of the dog.

            Mr. Billado expressed a desire for Ms. Witte’s testimony, since she had been closely involved.

            Ms. Witte approached the selectboard and was sworn in by Mr. Garrett regarding her testimony.  She said Mr. Tsounis had not seen the incident.  She recalled from the beginning of their return home, that she had taken the dog out back – which, she said, Mr. Tsounis typically does rather than herself.  She followed the dog’s movements in the dark, he was “snuffling” about, she said.  She then heard barking and ran around the corner of the house.  She saw the Messiers by the telephone pole noted in the picture they produced.  The dogs were “focused on each other,” she said, and there was a lot of barking.  She said she got across the street,  where she said she had trouble “containing him,” she was “trying to tackle him,” but by the time she got him, the Messiers’ leash was wrapped around Mr. Messier and brought him down.  She said that “100% of the time” the Tsounis dog wears a collar, but at the time of the incident, he was not.  Mr. Tsounis got the dog finally and brought him in the house.  She said she was left feeling very “embarrassed and scared.”  She said she offered words of apology, hoping the couple and dog were fine, and offered to do something.  She said Mr. Messier’s words during the incident were simply “Get the dog off!” as Mr. Tsounis tugged his dog away.

            Mr. Tsounis testified that he was on the couch when he heard the barking and when he realized it was not in the back, he exited out the “front door or the garage door” – later noting he was “positive” it was the garage door, whereupon he went and grabbed the dog and brought him back inside.  He said he stayed inside to insure that the dog remained inside, noting also that by then he had water boiling over on the stove that he had to tend to.  Ms. Witte came in quickly thereafter, he advised, and explained to him what had happened.

            Mr. Messier noted that he had some scratches from the incident, but couldn’t confirm their origin.  His spaniel appeared free from injury.  The Messiers had checked him immediately after the incident at the corner of Linda and Thibault Streets, and then again at home, and they didn’t notice anything wrong.

            Mr. Billado said he had received a call on the morning of June 10^th, which he believed was a result of his role as Town Health Officer.  He asked Mr. Messier if he had any injuries and Mr. Messier told him no, Dan said.  At that point, Mr. Billado advised that it was not a health issue but an animal control issue.  Mr. Billado said he called Mr. Thompson, who followed up with a call to Animal Control Officer (ACO) Ray Dixon about the incident.

            ACO Ray Dixon noted that upon his investigation, no one, including the spaniel, had been bitten.  When he talked with the dog owner, he noted a “nice place out back” of the Linda Avenue home for the dog whenever he is allegedly outside. 

            Mr. Tsounis acknowledged that his back property is not fenced in.  He said he is the one who usually takes the dog out and that “sometimes he is not on a leash.”

            Mr. Garrett asked if Mrs. Messier had been scratched.  She answered no.

            Ms. Witte explained that she didn’t see a receipt for the vet bill, but thought Mr. Tsounis’s mother had taken the dog to a vet for shots during August 2006 while the couple were out of the country.

            Mr. Tsounis said that the dog had visited Tanneberger’s vet services in Swanton in the past, but that his mother also cares for the dog and had allegedly taken him to an unnamed vet for routine health services.

            The Selectboard discussed how it the Messiers could be assured the Tsounis dog did not have rabies.

            Mr. Tsounis said shots had been given “in the last two years” – if not at a veterinarian’s office, then at the Town’s annual Rabies Clinic.  He said the dog had been taken to a vet last summer while the couple were in England for three weeks.  He was “under the impression it had all be taken care of.”  Before then, the dog would have been given a rabies shot in the spring of 2005, he calculated.

            The Tsounis dog is not currently licensed.  The dog has allegedly not been licensed since 2004 according to Town records, Mr. Messier’s letter states.

            Mr. Dixon said that Rabies shots are now good for three years.  Since the incident happened one month prior to this meeting (Incident:  6/9/07; Meeting 7/9/07), the dog is still alive and therefore believed to be rabies-free.

            Mt. Billado asked if this was the first incident for the Tsounis dog?

            Mr. Tsounis replied that there had been one other.  He said he normally chains the dog on the back porch.  Once, he chained him on the front porch and the dog snapped his plastic collar and ran to and barked at a dog being walked nearby.  Mr. Tsounis said he immediately retrieved the dog and returned him to his property.  He defended the dog as having grown up around other dogs, and that, while it may bark and growl aggressively, its nature is typically playful.  He acknowledged the dog is heavy, and weighs about 60 to 75 pounds.  He acknowledged he himself has gotten tangled up in a line and been in a situation similar to Mr. Messier’s description.  He said that when his dog sees other dogs, he simply wants to play with or sniff them, “as any other dog.”  He cited comparable behavior shown by a greyhound he once owned.  He said he could not verify if his dog had intended to harm the Messier’s pet or simply play roughly with it during the incident.  He said his dog is about eight years old.

            Mr. Billado asked the Messiers if they believed the Tsounis dog was going to fight with their dog.  Yes, Mr. Messier replied.

            The Animal Control Officer noted that he had never actually seen the dog when he visited the Tsounis home.

            Mrs. Holbrook offered that the dog should have been restrained.  She said she has an electric fence about her house to control her own dog, a boxer.

            Mr. Tsounis said he could appreciate the point, but there hasn’t been an incident while under his control except for the occasion when it broke from its chain out front.

            Mr. Billado stressed that the Selectboard cannot have Swanton residents afraid of other animals who aren’t under the control of their owners.

            Mr. Tsounis assured that he “doesn’t disagree with that.”  But, he countered, if his dog runs after another dog, that’s a “hard call” on whether it then constitutes a vicious dog attack.  He offered that “anyone in the room” could come in [to his house] and the dog would bark, but then as soon as a hand is put forward to pet him, he’ll “wiggle for play.”

            Mrs. Holbrook said she felt Mr. Tsounis should at least compensate the Messiers for the cost of Mr. Messier’s damaged shirt and pants.

            Mr. Billado noted that the compensation matter was not as critical as the general safety of people on the street, and the Board has to ensure an incident like this won’t happen again.  The compensation issue could be left for civil recourse.

            Ms. Witte volunteered that she has not and will not be taking the dog out again since the incident.  Mr. Messier acknowledged Ms. Witte’s cooperation and apology at the time of the incident but expressed his frustration at an alleged “lack of ownership from Mr. Tsounis” shown in the matter.  Mr. Messier described how he had to “go in search of who owned the dog.”

            Mr. Tsounis said that when Ms. Witte had come in that night after the incident, she didn’t know who it had happened to.  He said the first time he himself became aware of who it happened to was through the e-mail of a friend, who allegedly wrote, “It’s in your interest to call him... by the way, he’s a Village Trustee...”   Mr. Tsounis repeatedly stressed that that particular e-mail put him in a “difficult position” because it “came across as a threat, that ‘if you don’t pick up the phone, there’s a threat,’” he said.  He didn’t know if would proceed in a “civil or legal matter.”  He said the police had contacted Ms. Witte and she had offered to call Mr. Messier.  But Mr. Tsounis had told her to wait because of the tone of the e-mail.  He did not name the date of the e-mail or his response to it.  He said he “didn’t have the facts of the incident until a week or a week and a half after.”

            Mr. Billado queried how he could let such things go with no response on Sunday or Monday.

            Ms. Witte said that Officer Dubois of the S.V.P.D. had told her of the owners, that they were on Canada Street, she said, and she said she was so new to town, and so embarrassed, she didn’t write down the information the officer may have given her.

            Mr. Messier said that Officer did stop back at his house on Sunday morning and told Mr. Messier that allegedly Mr. Tsounis “never got off the couch” during the time he had been there the evening before.

            Mr. Tsounis objected, saying that he was definitely in the kitchen when the officer came, and that Ms. Witte’s parents could testify.

            Mr. Garrett declared that the e-mail “has little bearing on the case,” as the selectboard treats “everybody the same, whether you’ve lived here 100 years or two hours.”  He also acknowledged the informal allowance of the selectboard in the past to “all dogs are entitled to one bite.”  He said that regardless of no bites or other injuries in the case, the Tsounis dog was clearly off the property, knocked Mr. Messier dog, and shall go on the record as a vicious attack.  He said that if a second vicious attack is brought to the attention of the selectboard, it shall have grounds to have the dog picked up and destroyed.  (Any vicious attack must be documented by a letter to the Town.)

            Following discussion among selectboard members, Mrs. Holbrook moved the following:

            That the dog currently owned by Mr. Tsounis be labeled as having viciously attacked; and if a second attack is documented, the selectboard shall henceforth hold a hearing with grounds to pick up the dog and have it destroyed.  The dog must be leashed and under the control of Mr. Tsounis at all times.  This does not include an instance where the leash might break and Mr. Tsounis is able to retrieve the dog immediately without any intervening harm to animal or human.   

            Mr. Billado seconded the motion with it CARRIED UNANIMOUSLY.

             Mr. Thompson will ensure that an ORDER of the Selectboard, as a result of the hearing, will go out to Mr. Tsounis and Ms. Witte.

2.                  RIGHT OF WAY (ROW) – AL KINZINGER – SWANTON VILLAGE.

Mr. Kinzinger of Swanton Village was present.  He presented plans referencing

Town’s Park ‘D’ off Route 78 and Lafar Street.  On behalf of Swanton Village, Mr. Kinzinger requested that the Village receive, for clarity and formality, an easement from the Town, estimated at 60 to 70 feet, comprising the easterly boundary of the new road (Waugh Farm side).  Mr. Garrett cited the likelihood of a 66-foot wide right-of-way and Mr. Kinzinger agreed.  It is to remain in the corridor with the Gas easement.  Mr. Kinzinger produced the proposed easement paperwork and the Selectboard willingly signed it.

3.                  PERSONNEL – EXECUTIVE SESSION – ROAD CREW.

Mr. Billado moved that the Selectboard enter Executive Session to discuss

Personnel matters with the road crew.  All of the road crew were present.  Mrs. Holbrook seconded the motion, with it carried unanimously.  The selectboard entered Executive Session at 8:02 p.m.  Mr. Billado moved to exit Executive Session, seconded by Mrs. Holbrook and carried unanimously.  The selectboard exited Executive Session at 8:29 p.m.

            Results:  Discussion regarding trailer, with the decision that the present trailer will be used, hopefully supporting the new excavator, through FY2007.  The selectboard will entertain further issues on trailer matters during budget discussions affecting 2008.

4.                  ADJOURN.

Mr. Billado moved to adjourn this special selectboard meeting, seconded by Mrs.

Holbrook and carried unanimously.  There being no further business at hand, Chairman Garrett adjourned the meeting at 8:30 p.m.

Typed on July 10, 2007

Minutes by Leigh Smith

Received and filed by: 

_________________________       __________________________

Doris H. Raleigh, Town Clerk               Date 

Exhibits:  Messier/Tsounis dog hearing documentation to be kept by Town Administrator, for available by examination in his office.

Minutes

Swanton Town Selectboard Regular Meeting

Swanton Town Office

1 Academy St., Swanton, VT 05488

Tuesday,  July 3, 2007

7:00 p.m.

Purpose:   Regular meeting of the Swanton Selectboard for the month of July 2007.

Present:  Selectboard:   Harold Garrett, Chairman

                                      Sherry Holbrook, Selectman and Road Commissioner

                                      Daniel Billado, Vice Chairman

            Richard J. Thompson, Town Administrator

            Leigh Smith, Recording Secretary

            Michael Montanye – Channel 16

            Bonnie Waninger – Northwest Regional Planning Commission (NRPC)

            Mary Metayer – Recreation Commission and Fit & Health Family Coalition

            Armand Messier, Village Trustee

            Ray Dixon, Animal Control Officer (ACO)

            Selectboard Chairman Harold Garrett called the meeting to order at 7:03 p.m.

1.         MISSISQUOI VALLEY RAIL TRAIL ENHANCEMENT GRANT REQUEST.    Bonnie Waninger from the Northwest Regional Planning Commission (NRPC) was present to advise that not enough construction funding remains in the Missisquoi Valley Rail Trail Enhancement Grant to complete the parking lots in various towns that were part of the project’s original scope.  The 26-mile trail from St. Albans Town to Richford  features six parking lots, three of which are completed (2-Sheldon and 1-St. Albans); with three outstanding (1 – East Berkshire, 1- Richford, 1-Swanton at Greens Corners off Rte. 105).  The NRPC intends to apply for another grant from the State to cover the necessary funds.  However, while the State has not required matching funds in the past, it now requires a match regardless of improvements being made to State-owned property.  The State will need a 20% match for the remaining work, with anything more than 10% paid in cash (as opposed to in-kind services).  Ms. Waninger is requesting a letter of support from Town officials for the remaining funds, and inquired whether the Town would donate materials and labor toward the Swanton parking lot.

            Mr. Garrett asked about the timetable.  While the Trail Council would like to construct in 2008, Enhancement officials now forecast a project start in 2009.  Ms. Waninger showed the selectboard the engineering plans.  At Swanton’s site, there is space proposed for five snowmobile trailers, five cars, and a handicapped spot.  The dimensions are to be 50 ft. x 105 ft.  The engineer estimates aggregate at 575 cu² and a “wearing course” at 1200 cu².  Mr. Garrett estimated 41 proposed tandem loads at $20 per ton, costing between $12,000 to $14,000.  Eight loads of top coat are anticipated.  Mr. Garrett estimated $100/ton loam and $635/ton rock find – however, stone is cheaper.  Mr. Garrett voiced his hope that nearby rock quarry owner Ivan Charbonneau would be willing to donate stone for the project.  The selectboard chairman affirmed the project as a worthy venture, but warned that the Town would have to put any further costs before the voters for their approval.  Meanwhile, the selectboard indicated their willingness to write a letter of support for the project.  Ms. Waninger said that engineer estimates for Swanton’s parking area is $72,000, while AOT District 8 feels they might lower it to $44,000.  Mr. Garrett offered a comparable scenario, where engineer estimates for the Swanton Bike Trail had approached $350,000, but which the Town now estimates could be done with its own labor pool for $50,000.

            Ms. Waninger asked about the feasibility and cost were Swanton to take on the construction and be paid under the grant.  Discussion that textile would need to be laid beneath the stone at an estimated $2.25/yard, with ±$9,000 for fabric alone.  

            Ms. Waninger discussed the standards needed for construction on State property.

            She will keep the Town informed on the process of the grant.  Mr. Garrett did ask that NRPC not wait until “February 1, 2009” to notify the Town it needs $10,000 in cash, the Town will need to know “well in advance” to bring it before its voters.  Mr. Billado suggested contacting both Pike and Charbonneau as resources for donations.  Mr. Thompson added that the Town could help NRPC with contacts.

            Ms. Waninger confirmed that she will describe in the grant what is anticipated for Swanton to provide.  Mr. Garrett stressed that “in-kind” support through labor and machinery could certainly be provided by the Town.  It was noted that the parking lot is not as big as the lot behind Town offices.

            The Town does not have its own stone pit.  Mr. Garrett suggested that the Town  possibly work with Berkshire, which does have a pit, with Swanton hauling from their site.   The selectboard chairman went on to suggest that perhaps all the towns involved in the rail trail venture could cooperate by donating, for example, two trucks and labor for one day with the hope that all the gravel work could be completed in that period.  The entire selectboard affirmed that the project would be a great county-wide cooperative venture, which Ms. Waninger also acknowledged.

2.         VILLAGE CENTER DESIGNATION – UPATE.

            Mr. Thompson advised that the Joint Legislative Body had met on 7/2/07, at which meeting members signed the Application and Resolution needed for Swanton to apply for Village Center Designation.  Mr. Thompson said he will be retaking some pictures needed for the packet, and that the completed work should be mailed by 7/13/07.  He anticipates that a decision wouldn’t come until the end of a “60 to 90 day process.”  He said he has received five letters of support from local business owners.  Mr. Garrett said he would personally be sending one as well.  The Village Trustees are noted to be “on board” with the task, and Mr. Thompson said he hadn’t heard any opposition to the project.

            Mr. Thompson said that the Village Trustees had suggested that NRPC sponsor a workshop in conjunction with Joss Besse and Jane Lendway of the State, for local business owners, landowners and lessees to learn the particular benefits of Village Center Designation.  Mr. Garrett urged community-wide support for the measure and stressed that benefits are not relegated to tax relief only.  Mr. Thompson said that the Town would be eligible for TIFF, which allows 75% of educational tax revenue and 75% of municipal revenue from a Village Center district to be applied to infrastructure which, Mr. Thompson said, could go toward Swanton’s new Southern Growth Center.

3.         SWANTON BIKE PATH – UPDATE.           Selectboard members reviewed a copy of Amy Brewer’s (Health Educator, NMC) 7/2/07 e-mail to Dick Thompson et al., confirming that she had received approval for funding from the Fit & Healthy grant toward creating Swanton’s bike path.  The selectboard exclaimed what good news it was.  AOT’s Ande DeForge has estimated that materials for the project would be about $20,000.  Mr. Thompson said he had yet to receive confirmation from LVRR’s Larry Donna, who has been expected to relay VT Assistant Attorney General John Donlevy’s approval for LVRR to turn the bike path over to the Town.  It is anticipated that the State shall “rail bank” the property anyway.  Mr. Thompson said that according to Mr. DeForge, the bike path stone and material should spread out to 12 feet, which includes a 10-foot path with side slopes.  Review of the Town of Swanton’s Bike Path budget as of 6/21/07.

            Mr. Garrett encouraged community involvement with a BBQ, potentially drawing volunteers to clear the path of brush, from such sources as Explorer Clubs, Fit & Healthy Family Coalition, and the Recreation Department.  Mary Metayer was present from the Recreation Commission and Fit & Healthy Family Coalition, and noted awareness of the groups targeted.  She asked about the time frame.  Mr. Thompson answered that it “all depends” on what he learns from AOT the week of 7/9/07.  He assured that at least the Town has the motivation now, given the good news of grant funding.

            Mr. Garrett confessed he had not walked the path and asked about the nature of vegetation along its length.  It was unknown at this meeting whether ties are still embedded in the pathway from Grand Avenue to the proposed Milton Truss bridge site at the riverbank.  Mr. DeForge has allegedly said that even if ties are in place, that fabric can be laid down over them.  Stone would then be applied for an 8-inch base, and compacted.

            Mr. Garrett asked about a sewer line in the vicinity, but Mr. Thompson felt that it lay outside the Town’s right of way. 

            Mr. Thompson said that the bike path will have “perfect access” from prospective recreational field additional land that the selectboard has been discussing in executive sessions.  It was noted that there is a cow crossing in the vicinity that needs reinforcement.

            Mr. Garrett asked whether the brush could simply be burned.  Mr. Billado, who is also the Town’s health officer, said there would be no problem with brush burning.  The Fire Department could do it, he said, although the Town should probably go ahead and get a burn permit nearer the time.  It was noted that the town road crew would have to operate any chipper machinery.  Mr. Billado estimated that only one fire truck would likely be needed at the site for brush-burning surveillance and safety.

            Mr. Garrett felt Labor Day 2007 (9/1/07-9/3/07) would be a realistic target for volunteers if the State approves the transfer to the Town.  Mr. Hakey, he said, could pre-clear the area with a rotary mower, but Mrs. Holbrook, who is also the Town’s road commissioner, replied that the Town mustn’t assign road crew members too much at this time.

4.         RIVERSIDE CEMETERY.      Discussion of road crew’s recent paving efforts at Riverside Cemetery, with very positive results seen in the resurfacing from the road to the interior.  It was noted that an old fountain needing attention remains at the center of the cemetery.  Leigh Smith will contact historian Ron Kilburn about the matter.

REVISIT 3., SWANTON PIKE PATH – UPDATE.               The conversation returned to the Swanton Bike Path and the anticipated erection of the former Milton Truss Bridge at the riverbank.  State Sen. Don Collins has asked whether the bridge was going in, he believed the Legislature had budgeted for it.  Mr. Thompson confirmed with Sen. Collins that the project was indeed funded for $1.9 million (AOT), but not for this year.  Sue Scribner, AOT’s contact for the project, has agreed to come up in July to discuss the revised scope of work with selectmen.  She has allegedly told Sen. Collins that the Town is still looking for alternative funding for the project, as URS’s new scope of work targets a project of $2.5 million.  Mr. Garrett noted the irony that Swanton’s cost for the project originally had been only $36,598 as a 10% grant match.  – But Swanton was going to get a “Cadillac” bike trail back then, Mr. Thompson said; now, the path doesn’t have to be paved or have chain-link fences along its length.  There is some screening in some places.  At some point, the Town might want to pave it.  Rock-find surface will have to be maintained by the Town.  If paved, maintenance is anticipated just every 25 to 30 years.  Mr. Thompson said that there are 65 property owners identified along the length of the bike path, with about “half of them” owning houses abutting the site. 

            Mr. Billado suggested that Mary Metayer not schedule volunteers to clear brush from the proposed bike path over a holiday weekend.  (Labor Day weekend was previously discussed.)  Ms. Metayer agreed, and cited that possibly “Opening Soccer Day” or later in September, when it is not so hot, would be a good option.  Mr. Billado suggested that the local ATV club might be willing to help, even though they might not use the trail actively.  Mr. Thompson and select members told Mr. Billado that once the path and truss bridge are in place, snowmobiles and ATVs will not be allowed access anyway, as their machinery could “chew up the deck” of the restored bridge and will not, under terms of the grant, be allowed on the bike path.  Mr. Thompson also stressed that bollards will be erected at points to ensure that no motorized vehicles gain access to the path or the bridge.

5.         CORRESPONDENCE.

• Another Municipal Planning Grant application is available if the Town is interested, Mr. Thompson advised.  However, he sees no target for its use right now.
• Review of proposed 7/3/07 joint letter to Franklin County Legislative Delegation from the St. Albans Town and Swanton Town selectboards, regarding proposed Rule Changes to Rule 80 affecting “Growth Center Legislation” passed by the Vermont Legislature last year.  The selectboard signed their part of the letter.
• Review of proposed 7/3/07 letter to Randy Reed of VT AOT (cc’ing Neal Lunderville, VT Secretary of Transportation, and the Swanton Village Trustees), requesting that AOT lower the speed limit along Rte. 78 (First Street) in the Town of Swanton from 40 miles per hour to 30 miles per hour, from the intersection of Rte. 78 and Elm Street to the Missisquoi Valley Union High School entrance.  The selectboard signed the letter.  They requested that Mr. Thompson also carbon the letter to State Senator Don Collins, along with Michel Consejo and Kathy Lavoie.  The selectboard reviewed pictures that Mr. Thompson had taken of hazardous conditions along the subject route with school kids walking in the road with heavy traffic under 40 mph conditions.  Guard rails are in place which also pose a safety issue for pedestrians needing to jump out of the way of a vehicle.
• Review of State Police Robert Evans’ 6/25/07 e-mailed weekly summary for week of 6/18/07.
• Veterans Special Agreement Tax Rate – Review of State Sen. Kathy Lavoie’s 6/22/07 email to Mr. Thompson et al.  Mr. Thompson said Sen. Lavoie has the selectboard’s concerns in mind concerning publication of information on tax bills.  She said there are due to be some legislative meetings about the matter over this summer.  Unless he hears otherwise, Mr. Thompson said, the selectboard could rest assured that Rep. Lavoie has the matter “under control.”
• Town Highway Road Classification List for the year – has been approved, Mr. Thompson said.
• Review of Missisquoi National Wildlife Refuge’s Mark Sweeny’s 7/2/07 e-mail to Dick Thompson regarding Town staff and friends’ visit to the Refuge and boat trip into the bay made on 7/2/07.  All agreed it was a delightful trip and long overdue!
• Mr. Thompson advised that Tom Salmon, the State’s Auditor of Accounts, is running a class in Milton called “Ethics in Local Government and Internal Controls” on 7/25/07.  The cost is $15 per person.  The selectboard encouraged  Town Clerk Doris Raleigh to attend (with Mr. Thompson as a back-up), but cushioned the directive by publicly commending the historical integrity Ms. Raleigh has brought to her work.
• Ed Baker has resigned as a Town Lister, effective immediately.  Under State statute, the Town must have three listers, so Swanton will advertise for Ed’s replacement shortly.  It was noted that the reappraisal firm APAS will now be taking over a lot of the work the listers used to do, including property transfers and assessments. 
• Dee Raleigh has resigned as the Town’s Recreation Director.  It was noted that the Recreation Department is already recruiting for a replacement.
• Vermont AOT has advised that the No Parking zones beneath the I-89 overpass on First Street have been eliminated as of 6/22/07.  Poles are already erected there preventing any parking.

6.         OTHER NECESSARY BUSINESS.

• EXCAVATOR Matter.            Road commissioner Sherry Holbrook said the road crew loves the new 30,000-lb Volvo (used) excavator.  Mrs. Holbrook and Mr. Billado disputed different impressions the road crew had regarding trials with previous models and allegedly-desired models.  Mrs. Holbrook advised that Mr. Hakey told her the road crew now needs a trailer for the excavator – a matter Mr. Garrett hotly denied, noting that Mr. Hakey had assured him that the current 12,000 lb. trailer would be sufficient for the 30,000 lb. excavator they wanted, and that they would put a new deck on the trailer if necessary.  Given mixed understandings of the road crew’s discussions with individual selectmen, the road foreman and his crew will be asked to attend a special selectboard meeting under executive session set for 7/9/07 at 7 p.m.
• WAUGH FARM ROAD Matter.    Mrs. Holbrook asked if the proposed culvert replacement site was within the Flood Plain.  Yes, Mr. Garrett answered.  She said that people are “living down there.”  Messrs. Thompson and Garrett advised that FEMA had bought out all flood plain properties there following the 1998 Ice Storm, as part of a Hazardous Mitigation Grant.  No one is supposed to be living in the flood plain area.  Mrs. Holbrook queried having the culvert changed if the road crew could be used elsewhere – given the restriction against residents in that area of Waugh Farm Road.  Farmers still take their heavy equipment across the site, however, so the culvert replacement is still needed to support even that traffic.  It was noted that no school buses currently travel the site.
• EXTENSION CULVERTS – HAZARD RD. Matter.      Mr. Garrett confirmed that the road foreman will be ordering two extensions to the culvert at $75/foot.  If the culvert is not improved, the Town could be held liable against the landowner there, Mr. Garrett said.  Mr. Thompson said he would check with Chris Brunelle of the State on status.
• FLEET PERMITS.  – Mr. Garrett signed off on one FLEET permit for Jeff Corey Excavating, Inc. of Fairfax for one vehicle.

7.         MINUTES OF 6/19/07 SELECTBOARD MEETING.            Mr. Billado moved to approve the minutes for the above-cited meeting as recorded, seconded by Mrs. Holbrook and carried unanimously.  

8.         ADJOURN.     Mrs. Holbrook moved to adjourn the selectboard meeting, seconded by Mr. Billado and carried unanimously.  There being no further business at hand, Mr. Garrett adjourned the meeting at 8:01 p.m.

Typed on  July 5, 2007

Minutes by Leigh Smith

Received and filed by

____________________________________________     ________________________

Doris H. Raleigh, Town Clerk                                       Date

Minutes

Swanton Town Selectboard Regular Meeting

Swanton Town Office

1 Academy St., Swanton, VT 05488

Tuesday,  June 5, 2007

7:00 p.m.

Purpose:   Regular meeting of the Swanton Selectboard for the month of June 2007.

Present:  Selectboard:   Harold Garrett, Chairman

                                      Sherry Holbrook, Selectman and Road Commissioner

                                      Daniel Billado, Vice Chairman

               Planning Commission:   Jim Hubbard, Chairman

                                                      Kathy Lavoie

                                                      Ed Daniel

                                                      Ron Case

                                                      Tim Clippinger

            Richard J. Thompson, Town Administrator

            Leigh Smith, Recording Secretary

            Ronald F. Kilburn, Zoning Administrator

            Jack Bergeron – Channel 16

            Fred Kipp – Pike Paving

            Selectboard chairman Harold Garrett called the meeting to order at 7:03 p.m.

1.         EMPLOYEE TIME CLOCKS/TIME SHEETS.

            The Selectboard reviewed and discussed the use of a proposed timesheet format that each Town employee would fill out in lieu of punching a time clock.  Mr. Thompson reported that at the last Town Managers conference, he learned that all Franklin County towns, except for St. Albans City, use timesheets.  He encouraged their use as both more reasonable and more reliable than the previous clock-punched cards, because of difficulties the Town has faced in having to continually recalibrate equipment.  Mr. Thompson reviewed for the Selectmen various scenarios for reporting employee time and having a department head sign off. 

            Mr. Garrett objected that it “looked like a lot of paperwork.”  Mr. Thompson advised that the Town Clerk and her staff were, in fact, pleased with the form and felt it would facilitate matters.  Mr. Billado expressed concern that employees would simply wait until the end of each week to fill them out.  Various comparisons to IBM’s current employee time-reporting system were shared. 

            Following substantial discussion, Mr. Billado moved that the employee time reporting issue be tabled until a future meeting.  Mrs. Holbrook seconded the motion.  Discussion followed.  Mr. Billado amended his motion to approve a trial run of the proposed time sheets from 7/1/07-7/30/07, to be filled out with time-clock cards, after which the selectboard will review the issue in August.  Mr. Garrett seconded the motion, which was carried unanimously. 

2.         PIKE PAVING BID.   Fred Kipp of Pike Paving was present to review paving contract figures with the selectboard.  Mrs. Holbrook quoted from the paperwork which related $57.26/ton for 5,500 tons to the Town this season.

            The Selectboard spent considerable discussion centering on exactly which paving projects should be completed.

            Mr. Garrett confirmed with Mr. Kipp that Town roads are to be variously extended to 24 feet from any that are currently 22-feet wide.

            Following discussion, Mr. Billado moved to accept Pike’s cost proposal as discussed, for the following projects for the 2007 season, with work completed by no later than the first day of school (last week of August 2007):  County Road; Bushey Road (and Bushey Road-Reclaim to Woods Hill Road); Lakewood Drive Extension; Champlain Street; and Riverside Cemetery’s main strip from Rte. 78 to the back; Comstock Road (at no cost to the Town, Pike repair); and, if there are funds left over, these may be applied to Church Road, the last road may be completed even if running over cost but by no more than $10K.  Mrs. Holbrook  seconded the motion, which was carried unanimously.  Dick Thompson advised that the Fadden Road project also has to be started or under contract by 10/15/07 and completed by no later than 10/15/08. 

            Mr. Kipp figured resurfacing costs to be approximately $61,586/mile.

            Mrs. Holbrook signed the necessary paperwork contracting Pike’s services for this season.

3.         PROPERTY APPRAISAL DISCUSSION.     The selectboard reviewed the APAS’s release of “Reappraisal FAQ” which will be available in the Town office following the anticipated release on 6/11/07 of reappraisal figures.  Selectmen had various questions related to their own properties of interest.  Mr. Thompson noted that informal hearings before the appraisers will be held from 6/18/07-6/21/07.  Listers hearings will take place 6/25/07-6/28/07..  Appeals before the BCA must be received by no later than 6/25/07, and in a format set forth in a directional package by the Town Clerk.  It was noted that a new tax rate will not be published until August 2007.  Mr. Thompson explained that Swanton should be at or above 100% of the Common Level of Appraisal (CLA).  The town administrator said that on average, properties have doubled in value.

4.         HUNGERFORD BROOK ASSESSMENT.                Mr. Thompson said that the Northwest Regional Planning Commission is now in a position to sponsor the grant rather than Swanton.  However, the Town may still be represented on a committee affecting the grant.  No further discussion.

5.         PUBLIC COMMENT – None of record.

6.         NECESSARY BUSINESS.

• Mr. Billado discussed coordination of two tandem loads of “grindings” at the State garage with Road Commissioner Sharon Holbrook.
• The Selectboard has denied a request from the town’s road crew, and affirms the road foreman’s recommendation, that there be no 10-hour work days this summer.  The road crew will continue to work a regular five-day workweek.
• Discussion of the road crew’s impression of various excavator models.  The current choice is a CAT 311, 300HP. 
• Discussion of weed whacker (the road foreman has confirmed the road crew has one); and the purchase of a Huskavarna 23 HP tractor procured by Mr. Billado.  Mr. Garrett pointed out that the purchase was 50% over budget, but Mr. Billado defended his choice given the strength and value of the model.  Mrs. Holbrook said the road crew still needs a trailer for the lawn mower.  Mr. Billado offered to have the road crew use his trailer with ramps until the Town secures its own.
• Mr. Billado asked if the Town could direct the Dunkin’ Donuts’ owner to care for the latter’s lot, which is much overgrown.  – The Town cannot intervene, Mr. Thompson said, without having to become involved with every merchant.
• Mr. Garrett asked that the road crew mow and maintain a strip of property cited at Short Street and in the area of Robin Hood Drive.
• Mr. Garrett commended the road crew’s recent mowing results.
• Mr. Billado commended the appearance of the Town garage site.

7.         CORRESPONDENCE.

• Verizon – Mr. Thompson advised that he had contacted an account representative regarding the company’s attempt to collect for a damaged pole on Rustic Walk.  The company has retracted its charge to the Town, and apologized for the error.  Verizon notes that poles on Woods Hill Road are to be removed during a project in which there is conversion to fiber.  The selectboard signed off on a new request from Verizon to erect a guy wire on a pole on Campbell Bay Road, and establish three new poles along Church Road. 
• Review of State Police Lt. Evans’ recent statistics/reports.
• The Village’s “Project 10” requires submission of an Act 248 (similar to an Act 250) permit.  The Village has asked the selectboard to waive the 45-day waiting period for a warning notice.  Jim Hubbard has already approved the waiver on behalf of the planning commission.  Harold Garrett signed off on the waiver on behalf of the selectboard.
• Discussion of Vermont League of Cities and Town correspondence regarding a federal court’s decision striking down a Strip Club Ordinance.  The matter was tabled until further discussion under Executive Session this meeting.
• Review of Mr. Thompson’s 5/16/07 letter to the Village Manager asking that the Trustees enact an ordinance prohibiting parking on the east side of Church Street, from the entrance to the Town Hall parking lot to the corner of Church and Academy Streets.
• Review of Mr. Thompson’s 5/16/07 letter to NRPC’s Bill Rose requesting the Commission’s traffic counts for Tabor, Comstock, and Bushey Roads. 
• Review of Franklin County Sheriff’s headquarters Open House on Lake Street on 6/14/07 from 10 a.m. to 2 p.m.
• Review of agenda for meeting with the St. Albans City Council regarding the Southern Growth Center Infrastructure, set for 6/18/07 at 7 p.m. at St. Albans City Hall.
• Discussion of 5/1/07 invoice from Swanton Village marked “Past Due” for the 2005 fire truck assessment in the amount of $8,846.  Mr. Thompson said that the town clerk had brought it to his desk “either yesterday or today” (6/4/07 or 6/5/07).  Following discussion with the selectboard, Mr. Garrett directed Mr. Thompson to draft a letter from the Selectboard to the Village Trustees advising the trustees that any further attempts to collect this assessment should be pursued through civil action.
• Review of the Army Corps of Engineers’ permit for Fadden Road work.  Mr. Thompson repeated that work for this project must be started or under contract by no later than 10/15/07 and completed by no later than 10/15/08.
• Review of dinner invitation celebrating the Lake Champlain Fishing Derby, to take place 6/15/07.  Mrs. Holbrook expressed interest in attending.

8.         DRIVEWAY/ACCESS POINT PERMITS.                The Planning Commission was present to discuss with the selectboard reforming the driveway/access point permit process.  Mr. Garrett shared thoughts from the selectboard upon the last Joint Legislative Body public hearing with the planning commission (5/29/07).  Mr. Garrett said that the Selectboard would like to turn the driveway/access permit review over to the planning commission.  The Planning Commission appeared agreeable, and discussed procedure and exceptions.

            Following discussion, the Planning Commission agreed to create language for driveway cut procedures.  It is anticipated that the process would involve one of two forms, with both forms ultimately submitted for the selectboard’s approval:  (1) Residential driveway cuts involving planning commission review, typically when subdivision applications are involved; and (2) Non-Residential driveway cuts which may involve a fee ($40 suggested) but which could be completed following review from only the road foreman and/or road commissioner.

9.         EXECUTIVE SESSION – LEGAL ISSUES.  Mr. Billado moved that the selectboard enter executive session to discuss legal issues with the Planning Commission.  Mrs. Holbrook seconded the motion, which was carried unanimously.  The selectboard entered executive session at 8:44 p.m.

            Mr. Billado moved that the selectboard exit executive session, seconded by Mrs. Holbrook and carried unanimously.  The selectboard exited executive session at 9:58 p.m.

            Results:

·        The Selectboard met with the Planning Commission to discuss the Southern Growth Center.  The selectboard instructed the Planning Commission to make necessary adjustments to the Growth Center Plan which is to be submitted to Regional Planning, and to have it ready for the Regional Planning Subcommittee by no later than 7/1/07.

·        Mr. Thompson will work with a Vermont League of Cities & Towns staff attorney on the so-called strip club ordinance documentation.

·        The selectboard has instructed Mr. Thompson to work with Eugene Lavoie of the Recreation Commission to follow up with Dennis Demers on real estate matters pertaining to Mr. Demers’ property adjoining the Town’s recreation fields.

10.       SELECTBOARD MINUTES OF 5/15/07.      Mr. Billado moved that the selectboard approve meeting minutes from 5/15/07 as recorded.  Mrs. Holbrook seconded the motion with it carried unanimously.

11.       ADJOURN.     Mr. Billado moved that the selectboard adjourn its meeting.  Mrs. Holbrook seconded the motion, which was carried unanimously.  There being no further business at hand, Mr. Garrett adjourned the meeting at 10:01 p.m.

Typed on  June 6, 2007

Minutes by Leigh Smith

Received and filed by

____________________________________________     ________________________

Doris H. Raleigh, Town Clerk                                       Date

Minutes

Swanton Town Selectboard Regular Meeting

Swanton Town Office

1 Academy St., Swanton, VT 05488

Tuesday, May 15, 2007

7:00 p.m.

Purpose:   Regular meeting of the Swanton Selectboard for the month of May 2007.

Present:  Selectboard:   Harold Garrett, Chairman

                                      Sherry Holbrook, Selectman and Road Commissioner

                                      Daniel Billado, Vice Chairman

            Richard J. Thompson, Town Administrator

            Doris H. Raleigh, Town Clerk

            Leigh Smith, Recording Secretary

            Ronald F. Kilburn, Chairman – Historical Committee

            Jack Bergeron – Channel 16

            Chairman Harold Garrett called the meeting to order at 7:02 p.m.

1.         Highway Orders – 4/18/07 – 5/15/07.              Mr. Billado moved that the Selectboard accept the highway orders as printed, seconded by Mrs. Holbrook and carried unanimously.

2.         Green-Up Day Report (from 5/12/07). Road Commissioner Mrs. Holbrook reported that Road Foreman Terry Hakey had overseen collection of 60 tires at $3/each and two tons of trash pick-up from Green-Up Day the previous Saturday (5/12/07).  Mr. Billado cited the “mess” created from trash collection throughout the collection at a truck site in front of the Village complex.  Mr. Thompson explained that the site was not unattended, that coordinators were there throughout the day.  Green-Up Day fell on the same date as Swanton’s Household Hazardous Waste Day.  Mr. Billado contested the truck’s location at the Village complex, asking that it be moved in future to the “dirt part, where the dumpster used to be.”  Mrs. Holbrook resisted, saying the truck needs to remain visible to the public.  Mr. Billado explained that a Town truck should not be seen blocking the Village line crew’s bay doors.  Selectboard members all conceded that Green-Up 2008’s planning, along with the two Household Hazardous Waste days, would need more municipal scrutiny.  It was reported that a great amount of litter was collected from “someone cleaning up land at a U.S. Fish & Wildlife site.”  Mrs. Holbrook said that the Town’s road crew is, “a week later,” still picking up litter and furniture left along Town roads.  The State of Vermont’s road crews pick up trash along State routes.  Mr. Thompson advised that if the Town was in the Northwest Solid Waste District, the trash collection would be the District’s responsibility, not the road crew’s. 

            It was noted that Household Hazardous Waste sites do not accept tires – only chemicals, mercury-added products, etc., Dick Thompson said.  Discussion of whether old computers may be taken to Casella’s waste site in Highgate.

            The Selectboard acknowledged the faithful efforts of Camille Freeman, who has coordinated Green-Up Day on behalf of the Town over the last several years. 

            Mrs. Holbrook said she had called the Franklin County Sheriff when she saw a family recently flinging trash from its car en route to Highgate.

            Mr. Garrett recollected that in 2006, the Town truck had been parked for Green-Up Day in front of the Village salt shed.  Mr. Billado stressed again that the truck this year was too close to the complex itself.

3.         Vermont Gas Company Request.   Mrs. Holbrook noted that Vermont Gas Co. had contacted her to advise of upcoming work (end of June 2007) within their own right-of-way at the corner of Frontage Rd. and Rte. 78.

4.         McVicker Fill Matter.               Mrs. Holbrook said that the “McVicker” fill request documented at the 5/1/07 Selectboard meeting “had been taken care of.”

5.         Missisquoi Bay Bridge Opening Ceremony.       Mr. Thompson said that the bridge opening ceremony would be on Wednesday, May 30th at 11 a.m.  A federal delegation is expected at the site.  Owners of antique convertibles are being solicited for aesthetics.

6.         Truck Tarp Discussion. Mr. Thompson said he spoke with a Lieutenant with the State’s Department of Motor Vehicles, who confirmed to him that trucks are not required to have loads secured by tarps.  The contact told Mr. Thompson that the State’s Legislature had discussed the matter but there were no laws on the book yet.  Truckers must still oversee that their loads are secure, however.  Mr. Thompson said that tickets issued locally likely addressed the unsecured load issue, rather than that of “no tarps” specifically.

7.         Verizon – Rustic Walk Pole Damage.    Mr. Thompson noted the Town had received a certified letter from Verizon, who report that the Town has negligently damaged one of the company’s poles on Rustic Walk, and is seeking reparations.  Mr. Thompson took pictures of the site, and shared them.  A road crew member has confirmed that the damage happened during plow season, when he was winging back one of the snow banks and tried to access a microphone at the same time.  The site features two poles – an old and a new one; the old one, just 12 inches from the edge of the road was the one damaged.  (The newer one is set back three feet, Mr. Thompson said.)   The old pole was split in half, from which wires emerged.   With the Selectboard’s approval, Mr. Thompson said he would contact Verizon to remind them that the Selectboard has to authorize any of the company’s poles in Town rights of way, and that proceedings against the Town regarding the Rustic Walk complaint may not bode well for the company’s future requests to the Town.

8.         Road Striping Query.                Mr. Thompson said that Bud Vechard had called him requesting road striping on Comstock and Janes Roads.  It was noted that Comstock Road has to be paved anyway.   Mrs. Holbrook will ask the road foreman about the matters.

9.         Donaldson Road – Tree Removal.        Mrs. Holbrook said that Mr. Hakey will call a contractor to ensure the tree of discussion at the Donaldson Road turn-around is removed, with the Town to receive the wood.  Mr. Garrett requested that the project include stump removal and grinding.

10.       General Orders – 4/18/07 – 5/15/07.                Mrs. Holbrook moved to accept the General Orders for the period shown as printed.  Mr. Billado seconded the motion, with it carried unanimously. 

11.       Economic Development Fund – 4/18/07- 5/15/07.        It was noted that funds of $4703.85 for the Municipal Planning Grant are reimbursable.  The grant report is due by 6/14/07 before the final reimbursement is made to the Town, according to Mr. Thompson.  Mr. Billado moved that the Economic Development Fund report for the period shown be accepted as printed, seconded by Mrs. Holbrook and carried unanimously.

12.       Payroll – 4/18/07-5/15/07.       Mr. Billado moved that the Selectboard accept the payroll report for the period shown as printed, seconded by Mrs. Holbrook and carried unanimously.

13.       Town Garage Time Clock Matter.        Mrs. Raleigh reported the results of further discussion with a representative from ADP (time clock firm).  ADP has offered to set up a time clock at the town garage off-work hours, which will hook into the garage’s phone line.  An initial set-up fee is $200, with $80/month thereafter expected.  ADP would also supply the swipe cards.  Discussion regarding various scenarios, if “no one is there to swipe,” if “someone swipes someone else’s card,” etc., including how the Town would ascertain whether a road crew member is sick or on vacation, or not.  Mrs. Raleigh said that an alternate firm (Accurite, in Colchester) had informed her the task was too small to be lucrative for them.  Mr. Billado asked how the schools handle their staff reporting; his wife must punch a time clock at one of the schools, he said.  Mrs. Raleigh shared that ADP likely wants the “whole package” of the Town’s payroll administration, which the Town is not willing to grant them.

            Mr. Billado stressed that the Town needs to investigate more options than those searched so far.  He encouraged the town clerk to look on-line, through the Google search engine.  Mrs. Holbrook questioned the effectiveness of the goal:  “Who is going to punch who in?” she asked.  Mr. Billado said he understood there were issues with the road crew’s payroll administration before he became a selectman, and that the Selectboard had previously decided that a time clock was necessary.

            Mrs. Raleigh asked how a new system would fix the existing issues.  She cited that the Town Office’s time clock itself “has to be updated all the time.”

            Mr. Garrett felt that time reporting from the road crew had improved once their staff had learned no one was to punch another person’s time card.  He said that regardless of whether the time occurs on weekends or holidays, the Town should learn of instances where one or more employees appear for “five minutes”, and the Town pays for three hours.  He wants to see a clear distinction in the time reporting.  The selectboard chairman cited a scenario where there may need to be only one road crew member on hand, when the entire crew shows up.  The Town needs some measure of accountability from the road crew, but he acknowledged the “situation there is getting better.”

            Mr. Thompson said he will be attending a Town & City Managers Conference soon and will ask others there how their municipalities handle time reporting from road crews whose garages are not adjacent to municipal buildings.  Mrs. Holbrook observed simply, “They [the town road crew] trust us, we should trust them.”  Mr. Garrett responded that concerns were raised over the road crew’s time cards once they reached the town clerk’s office.  “They’re legal documents and should not be changed,” he said.

14.       Village Request for $8K on Fire Truck. Mr. Garrett raised the Village’s ongoing request for $8,000 from the Town on a fire truck that never appeared.  Discussion of the appropriation request’s history.   The Town previously raised $23+K for a replacement truck fund for the Village Fire Department.  When the Village asked for $32K, it had proposed buying two fire trucks.  “Until the second truck is produced, [the Town] is not paying [the $8,000],” Mr. Garrett stressed.  It was noted the Town never raised the $32K because the Village never approved the two-truck appropriation.  Upon the result of the Village vote, the Town Selectboard then reverted to the $23K one-truck payment.  Mr. Garrett recollected impatiently that the Selectboard has been through the matter with the Village “over and over again” since the 2004 Town and Village annual meetings.  The selectboard chairman said that if the Village raises the matter again, “they’re going to have to sue us, because [the Town is] not paying it.” 

            Mrs. Raleigh said she was not altogether sure the $32K was raised.  Mr. Garrett said the amount was not raised, it was taken out of the Economic Development fund for one truck.  The Town warned the matter for one truck, later confirmed by a review of the warning (Article 4) from the 3/2/04 Town Meeting.  Mr. Garrett remained adamant that the issue needs to be resolved.  It was noted that the Town now pays $31,390 (Article 4, 3/6/07 Town Meeting ballot) annually on the fire department’s capital replacement fund.

15.       Swanton Teen Center & Ballfield Site.      Mr. Thompson raised the Village Trustee’s request from the 5/1/07 JLB meeting,  that the Town pay the Village’s share of electricity for the Teen Center (which share is currently $565.83 remaining unpaid), and water for the Center and for the ballfields, which included a skating rink this past winter.  Mr. Garrett felt the Trustees should approach the Teen Center directly for the (electricity) funds, not the Town.   Mr. Billado asked, and was told that the Town had not started the Teen Center, its funds had been raised under an initiative of local pediatrician Dr. Chiappinelli and his wife, Mary.  In its planning stages, the Town had agreed to share 50% of the Teen Center’s electrical bill with the Village.  It was noted that the Town currently processes the Teen Center’s payroll and pays its building insurance.  Selectboard members championed Dr. Chiappinelli’s ongoing efforts with the site and how it has become a successful project costing the town less than $400 annually.  Selectboard members feel that if the “Village has a problem” [with expenses], it needs to address the Teen Center staff themselves.  The Village had allegedly let the Teen Center occupy the lower floor of the Memorial Building, which was unused.  A commercial operation rents the upper floor and pays for the heat. 

            Discussion of the Village’s request for the Town to pay water at the ballfields, where a skating rink was erected this last winter.  Mr. Garrett said the Recreation Department should take note of the request and add it to their budget for 2008.  It was noted that the Village shall need to install a meter at the ballfield site, and lower water pipes, the costs for which should be added to the Recreation budget.  Mr. Garrett cited an alleged move on behalf of the Village from allowing operations, such as Missisquoi Valley Rescue, “rent free” space to now charging for the same space. 

16.       Execute Annual Audit Agreement.         Mr. Thompson presented the annual audit agreement from A.M. Peisch for this year’s audit at $5,900.  He noted that it is less than last year because the Town does not need a single audit this year.  Mr. Garrett signed the appropriate paperwork.  The selectboard notes that it shall go out for bid for the next year’s audit.

17.       Toll Keeper’s Building Update. Chairman of the Historical Committee, Ron Kilburn was present to advise that after occupying a place on the Missisquoi Bay bridge for over 70 years, the toll keeper’s house shall be moved around June 1^st to the Depot museum on South River Street.  Mr. Kilburn said a lot of volunteers had come forth, and that the site was ready to receive the slab.  He said the town road crew had helped clear the site, and sand had been leveled.  He talked with Griswold Concrete, who will donate concrete for the task.  Hank Gadouas will frame and supervise the concrete pour at no cost.  The slab should be ready the week of May 21^st.  A building permit has been issued and is posted.  Mr. Kilburn said that Norman Messier, whose company had moved the Railroad Depot to its present location, will be overseeing the toll house move.  He described the delicate process that shall have to be carried out to relocate the building with wires directly over only about two feet of maneuvering space.  It was noted that the “little booth” associated with the toll house shall be removed to Alburgh.   The State will oversee costs to rehab the outside of the toll house once it is at the museum location.  Cianbro (the bridge contractor) has within its contract to fix the toll house roof, structural members, replace its siding, windows and affix an new door and two posts.  Volunteers will have to paint it, but “there is paint left over from the Depot” project, Mr. Kilburn said.  He added that the building’s trim is similar to what the Town Office currently features.  The historical building also sports “two over two paned windows.”  Involved with the project is Scott Newman for VTrans, John Day – project engineer for the Missisquoi Bay Bridge; Cianbro as contractor; and Dick Thompson as the Town Administrator.  Mr. Kilburn asked the selectboard and the Town “to be patient” with appearances until final provisions could be made for the building.

            Mr. Kilburn shared some history about the buildings:  the toll house had collected toll money for the bridge, while the smaller booth had housed operations for raising and lowering the bridge.

            The Selectboard reviewed a proposed 5/15/07 letter over Mr. Garrett’s signature to Messier House Moving authorizing them to move the building.  Mr. Garrett signed the letter.

            On behalf of the Selectboard, Mr. Billado thanked Mr. Kilburn for all his work on the project.

            Mr. Kilburn noted that among two visitors to the Depot museum over the last weekend, was the State’s head of Vermont Historic Sites, who was thrilled to hear about the prospective toll house move to the Depot.

18.       Milton Truss Bridge Update – Discussion.         Mr. Thompson said that the Milton Truss Bridge shall not be erected in Swanton until 2008 – at the earliest, according to State contact Sue Scribner.  Mr. Garrett recalled terms of the State’s contract with the Town about the bridge, which technically allows the Town to back out of the contract if it is not erected before this November.  Ms. Scribner has alleged the State does not have full funding for the project yet.  Mr. Kilburn registered dismay that the Town’s legislator on the Transportation Committee had not advised the Town that the bridge had been removed from the State’s budget this year.

19.       Fit & Healthy Coalition and Bike Path – Discussion.      Mr. Thompson said that the State’s Ande DeForge has confirmed the Town owns the preliminary plans for the bike path AOT was helping the Town coordinate last year.  Because the bike path represents less than an acre of impervious surface, it is expected to clear stormwater approval.  It does not need any further permits.  Mr. DeForge has said that the Town could expect to pave the path for $35,000 if kept within a 3-inch compact ballast.  A grant is expected to further alleviate Town funds in the matter, through a Safe Route to School project.  Mr. Thompson said that the State’s Larry Donna is still looking for the lease on the railroad bed.  

20.       Growth Center Update.            Mr. Thompson said that the second of three public hearings had taken place, at which Citizens for Responsible Growth had appeared to challenge matters.  The last public meeting shall be on Wednesday, May 30, at 7:00 at the Swanton Town Office, and that it would then go to the NRPC for an update.  Mr. Thompson said that there would be a meeting on the evening of 5/16/07 between the Town’s Planning Commission, Zoning Administrator, and a St. Albans Messenger reporter to discuss the entrance to Swanton. 

            Mr. Thompson said the Citizens for Responsible Growth were present to represent various concerns.  The group is known to be critical about ventures affecting agriculture and local businesses.  Mr. Garrett cited his response to Rixon Pharmacy’s Mr. Bouffard’s alleged public response that “St. Albans has been dead for years….”  Mr. Thompson said that the County Courier had interviewed him on 5/14/07, challenging him about Prime Ag soils reportedly connected with the Growth Center.  Mr. Thompson advised that 70% of the subject Growth Center’s land is owned by four dairy farmers.  One hundred fifty (150) acres is already in the State’s Land Trust.  Fifty percent of the land owned by farmers is owned by three dairy farmers, and one has since sold his herd.  Among reasons for land sale is the impact of Bushey Road traffic under current conditions.  (The route is used to connect Enosburg and Richford with Interstate 89.)  Mr. Thompson said the planning commission has pointed out at public hearings that the growth center is not a good location for farming.  Mr. Garrett queried the lack of news and contentious material over Citizens for Responsible Growth’s reaction to growth at St. Albans’ Exit 19.  He strongly contests what he feels are landowners’ freedoms being compromised by the State.

            Mr. Thompson said he feels that land falling between Route 7 (St. Albans Road) and Lake Champlain is more conducive to farming than that at the subject growth center.

            Mr. Thompson said that the Town should seek Village Center Designation for its downtown, due to the tax credit benefit.  He said that the NRPC is willing to help in the endeavor.  He added that Swanton’s local businesses know that the Village has no room for expansion.

            Mr. Thompson said that former St. Albans City Manager Brian Searles had assured Swanton that the City would supply water and sewer toward infrastructural needs Swanton faces at Exit 20.  The town administrator said that he was trying to arrange for a meeting of the Selectboard with the St. Albans City Council to confirm what the City shall agree to during the Exit 20 growth.  Options of June 11^th or 12^th Council Meetings were discussed, with the Selectboard requesting Mr. Thompson to request June 11^th as their preference. 

21.       Brownfields Committee Meeting –Update.    Mr. Thompson said that he and FCIDC’s Tim Smith were co-chairs of the current committee, which included personnel from area banks, real estate agencies, and the Department of Public Health, along with representatives from area municipalities.  The town administrator reviewed the results of Phase I and Phase II Contamination studies.  Swanton has already received over $70K in grant money for clean-up under Petroleum and Hazardous Waste categories, he said.  Selectboard members reviewed a sheet detailing site areas for clean-up and results of funded help.  Swanton has just qualified for another $200K in petroleum clean-up, he said.

22.       Public Comment – None of record.

23.       Correspondence.

• State Police Lt. Evans – Recent reports reviewed.
• Fit & Healthy Coalition $50K Grant – Mr. Thompson shall plan to attend a meeting on possible disbursement targets for the grant, on 5/24/07 at 5:00 p.m.
• Review of proposed JLB Meeting notice for Tuesday, 5/29/07 at 7 p.m. at the Town Office, to include a public hearing toward adoption of Interim Zoning as warned on 5/2/07, and to cover other issues raised at the last 5/1/07 JLB meeting.  The agenda was modified according to selectboard discussion.
• Delta Dental – 2007 Annual Report offered for review.

24.              Other Necessary Business.

·        Town & City Managers – Board of Directors.    Mr. Thompson fielded selectboard opinion were he to be nominated to the Board of Directors for the Vermont Conference of Town & City Managers.  He is attending a conference on May 17 and 18 in Woodstock.  Selectboard members encouraged him, as it appears there would only be a couple of meetings in Montpelier required each year.  Outgoing Highgate Town Administrator Larry Kempton is currently on the board.

·        Liquor Licenses.    The Selectboard signed their approval to a liquor license application from Lakewood Campground.

·        Ballfield Parking Update.   The Selectboard commended the good work done by the town crew in helping the recreation commission edge a portion of the ballfield for a driveway to a parking area.  Neighbors were allegedly about dust rising from the newly laid gravel, so Fire Chief Peter Prouty responded graciously with a quick dousing of 300 gallons of water from the SVFD pumper truck (on the stone, not the neighbors).

·        Recent Chlorine Spill – Discussion of recent chlorine spill by Town road crew at Grand Avenue and Fourth Street.  Mrs. Holbrook said she had previously talked to Mr. Billado about it.  It was a “very slippery” matter.  Police visited Mr. Garrett following the incident, who in turn asked them to clarify the incident with the town administrator.

·        Looking Ahead to 2008 Paving Money.    Mr. Garrett recommended that the Town use money from its anticipated $250K paving budget next year and pave whatever dirt roads the Town has left before repaving any others.  Just a base coat would be required within the scope of his idea.  Mr. Thompson affirmed the recommendation, noting that 11 years ago when he became town administrator, the objective was to have every road paved.  Once all the Town roads are paved, stone and grading costs can be drastically cut.

·        Excavator – Ongoing Discussion.          It was noted that the road foreman, Mr. Hakey, had been out sick for the past two weeks and had not been able to act on the excavator investigation.  Mr. Billado reported that a Caterpillar demo model was due at the town garage on May 16 or 17.  Mr. Billado said that Beauregard’s has been “calling him every day” about Case and Cobelco models.  The select vice chair said that while Fournier’s Farm Equipment may be offering a good deal on their equipment, he wondered if there would be a good trade-in later on, on a model not featuring a brand name.  He emphasized that a decision needs to be made soon as ditching season will soon be on the Town.

·        Traffic Counts on Town Roads.   After discussion with the selectboard, Mr. Thompson shall ask NRPC to perform traffic counts on Bushey, Comstock and Tabor Roads. 

·        Tabor Road and Champlain Street.   Discussion of effort near Case property to straighten Tabor Road and make for better traffic flow, with the result that Tabor Road shall run directly to the Lakewood Campground.  To accommodate the plan, Ron Case will be asked if he will be willing to align his driveway with the Town road.  Mrs. Holbrook stressed the importance of creating a four-way stop at the site.  Further discussion of Tabor Road and Champlain Street’s designation as a subdivision. 

25.       Minutes from 5/1/2007 Selectboard Meeting.    Mrs. Holbrook moved that the selectboard accept the minutes from the above-cited meeting as recorded.  Mr. Billado seconded the motion, with it carried unanimously.

26.       Executive Session – Legal Issue.           Mr. Billado moved that the Selectboard enter executive session for the purpose of discussion legal matters.  Mrs. Holbrook seconded the motion with it carried unanimously.  The Selectboard entered Executive Session at 8:43 p.m.

            Mr. Billado moved that the Selectboard exit Executive Session, seconded by Mrs. Holbrook and carried unanimously.  The Selectboard exited Executive Session at 9:05 p.m.

            Results:

(1)               At the selectboard’s direction, Mr. Thompson shall request a no parking ordinance from the Village Trustees to affect the east side of Church Street from the Town parking lot north to the Stop sign at Church and Academy Streets.

(2)               Mr. Thompson shall hire an electrician to install a meter on the lighting source drawn from Church Street lines.

(3)               Mrs. Holbrook and Mr. Billado shall work together to procure a riding tractor and weed whacker for the Town’s road crew.

(4)               Discussion of work scope and cost for mowing and ditch clearing maintenance at Grand Union gate entrance on Missisquoi Street.

(5)               The road crew shall be tasked to move salt and sand to the Town garage.

27.       Episcopal Church Parish Hall.   Discussion of current project to dismantle the Holy Trinity Parish Hall and relocate it on Tabors Point at a bed and breakfast there, at a cost of approximately $100,000.

28.       Adjourn.           Mr. Billado moved that the selectboard adjourn its meeting, seconded by Mrs. Holbrook and carried unanimously.  There being no further business at hand, Chairman Garrett adjourned the meeting at 9:08 p.m.

Typed on May 16, 2007

Minutes by Leigh Smith

Received and filed by

____________________________________________     ________________________

Doris H. Raleigh, Town Clerk                                       Date

Minutes

Swanton Town Selectboard Regular Meeting

Swanton Town Office

1 Academy St., Swanton, VT 05488

Tuesday, May 1, 2007

7:00 p.m.

Purpose:   Regular meeting of the Swanton Selectboard for the month of May 2007.

Present:  Selectboard:   Sherry Holbrook, Selectman and Road Commissioner

                                      Daniel Billado, Vice Chairman

            Dick Thompson, Town Administrator

            Leigh Smith, Recording Secretary

            Patrick & Debbie Loyer

            Linda Loyer

            Amy Brewer, Northwest Medical Center

            Roy Eckler

            Jack Bergeron – Channel 16

            In the absence of the chairman, Vice Chairman Dan Billado called the meeting to order at 7:02 p.m.

1.         REDUCTION IN FORCE – DISCUSSION.              Patrick and Debbie Loyer were present to discuss Mr. Loyer’s recent voluntary resignation from the Town Road Crew.  Road Commissioner Sherry Holbrook asked Mr. Loyer if he was certain about the course of action he’s chosen.  He indicated he was.  Selectmen noted that they had recently decided to reduce the Town’s road crew to a four-man crew from its current five-man status.  Mr. Loyer subsequently volunteered to leave.  The selectboard reviewed the terms of his severance package with the Town.   Patrick’s wife Debbie was present for comment.  Mrs. Loyer said there were “still issues” at the Town garage concerning staff, and that “nothing would change” if her husband stayed on.  Mrs. Holbrook signed the 5/1/07 severance documentation; there was some discussion clarifying sick day benefits remaining.  Mr. Billado offered to Mr. Loyer that the Town could pay him across nine weeks rather than in one lump sum, which would be taxed more heavily.  Mr. Loyer opted for the lump sum payment.  Debbie Loyer said that “people are coming in drunk” to the Town garage; and complained that her husband had been out for the past two weeks and the road foreman never called once to inquire about him.  Mrs. Holbrook offered that Road Foreman Terry Hakey didn’t know about Patrick’s situation, and that he had not wanted to lose anyone from the road crew.  Mrs. Loyer shot back that she had spoken with Mr. Hakey herself “the day after Mrs. Holbrook left” [recently on vacation] and that he had indeed known about Patrick’s situation.  Mr. Hakey never cared, Mr. Loyer’s wife complained.  The Selectboard extended their best wishes and appreciation to Mr. Loyer for his past service to the Town.

2.         SWANTON HILL PROJECT DISCUSSION.            Mr. Thompson reviewed circumstances behind two site visits made on 4/20/07 by project officer Mike Adams of the Army Corps of Engineers (ACE) to both Fadden and Swanton Hill Roads.  It was noted that ANR’s Chris Brunelle had wanted engineer Greg Pierce present for further consultation about Swanton Hill.   Given the plan for a 5’ x 7’ culvert installment on that road, Mr. Brunelle has allegedly advised that it is against federal and State statutes to pour concrete into the nearby brook, as concrete can sterilize the brook.  The project now requires a pre-cast culvert, with shop drawings pre-stamped by an engineer to go again to the ACE to approve.  Road foreman Terry Hakey has informed the Town that contractor Roger Wright has been engaged and Mr. Wright will obtain quotes for the Town for a pre-cast culvert and labor.  The selectboard members signed a 5/1/07 letter to Mike Adams documenting the Town’s justification for filling a section of wetlands at the corner of Fadden Road and Campbell Bay Road, to facilitate straightening Fadden Road. 

            As part of the discussion, Mr. Thompson advised that according to AOT’s Randy Reed, the Town of Swanton will receive $160K (what it applied for) in bridge and structures assistance from the State this year.

            Mr. Thompson said he would provide the Town clerk with a stamped copy of the Swanton Hill survey with the mylar.

3.         REAPPRAISAL – INFORMATIONAL MEETINGS.            Mr. Thompson said he had talked with select chairman Harold Garrett, who had asked that the Town host public informational meetings to explain the recent reappraisal to its citizens.  Mr. Thompson subsequently talked with  “Ed,” APAS’s lead appraiser, who assured that the informational meetings would not be necessary given the careful, judicious handling of any property-owner inquiries and  lister-level appeals.   He assured Mr. Thompson that their firm had navigated successfully using this same tactic in other towns it has assessed.  The appraisal representatives plan to host simultaneous meetings (three at a time) from June 18-June 24, 2007 at the Town Office to address what it anticipates will be 10% of the public’s response with informal grievances.  Unsatisfied grievers may then proceed to Listers, followed by BCA, followed by State Supreme Court appeal processes, respectively.  Mr. Thompson expressed that APAS is doing a “thorough job” and has abided by their contract with the Town concerning timing. 

            Mr. Billado said that he feels that although residents will know the new values for which their properties have been reappraised, there may be much unease since the tax rate won’t be set until this August.  Mr. Thompson stressed that even if someone’s property value doubles, some properties’ tax rates will actually go down.  The Town cannot raise more than what is in the Town budget.  Selectboard members articulated again that property values are not the vehicle that raises taxes – but budgets are.  Swanton’s listers have applied for an extension on the Common Level of Appraisal figure (CLA) notice.  Roy Eckler asked about the impact of the reappraisal on the Town’s CLA and tax rate.  Swanton should be above 100% on its CLA, given the reappraisal, said Mr. Thompson.  The comparable sales figures are, for the majority, based in Swanton, he said.

4.         WATER AND SEWER ALLOCATION – ST. ALBANS CITY.        Mr. Thompson said that he had participated in a meeting on the Exit 20 Growth Center on April 30.  The growth center municipal planning grant is due to be closed out on May 8, and is on schedule.  Consultants discussed the need for St. Albans City to commit to a water and sewer plan supporting the site area.  The Swanton Planning Commission is now seeking to meet with the St. Albans City Council about this matter.  Mr. Thompson said he would set up a meeting with the Council on a Monday or Tuesday, at which just the Selectboard members, rather than the Planning Commission, would attend.

5.         EXECUTE DOG WARRANTS.          Mr. Thompson explained that each year the Selectboard signs a dog warrant authorizing the Town’s Animal Control Officer to impound all unlicensed dogs.  The Selectboard signed the documentation offered by Mr. Thompson, including a Certificate to the Franklin County State Attorney used for notification whenever a dog is impounded.  A copy of ACO Ray Dixon’s Return of Service form was offered for review.  The Town has sent out a letter to all owners whose dogs were registered last year but which were not registered this year by the due date of April 1.  Mr. Dixon is expected to follow up on pursuits of any unlicensed dogs.

6.         VERMONT COMMUNITY DEVELOPMENT GRANT (VCDG) – Champlain Housing Trust.  Town Attorney Ned Spear has advised that the Selectboard should have a Sub-Grant Agreement Resolution, since Swanton is the lead town for the consortium.  The draft supplied this evening authorizes Mr. Thompson, as Town Administrator, to sign documents on behalf of the Town of Swanton.  The Selectboard signed off on the matter as proposed by Mr. Spear.

7.         RECESS FOR JOINT LEGISLATIVE BODY MEETING.   Mrs. Holbrook moved that the Selectboard recess in order to participate in the prior-scheduled Joint Legislative Body meeting.  Mr. Billado seconded the motion with it carried.  The Selectboard recessed at 7:28 p.m.

8.         RECONVENE FROM JOINT LEGISLATIVE BODY MEETING:    Mrs. Holbrook moved that the Selectboard reconvene its meeting following the Joint Legislative Body meeting.  Mr. Billado seconded the motion with it carried.  The Selectboard reconvened their meeting from earlier at 9:50 p.m.

9.                  PUBLIC COMMENT – None of record.

10.       SELECTBOARD MINUTES OF 4/17/2007.    Mrs. Holbrook moved that the Selectboard approve their meeting minutes from the 4/17/07 meeting as recorded.  Mr. Billado seconded the motion with it carried.

11.       CORRESPONDENCE.

·        Verizon request for a conduit under Pennel Road (at the underpass) to connect telephone poles.  The Selectboard signed off on the request.

·        Eustis Cable Enterprises, Inc. request dated 4/26/07 submitted by Andy Palmer, to place communication lines for Comcast Cable at the south side of Pond Road.  The Selectboard approved the request per the specifications cited in Mr. Palmer’s fax.  Mr. Thompson will send Mr. Palmer a letter notifying him to proceed as planned.

·        State Police Lt. Robert Evans’ summary for weeks of 4/9/07 and 4/23/07.

12.              OTHER NECESSARY BUSINESS.

·        Upcoming Meetings of Selectboard Importance:  

-         2^nd Growth Center Public Hearing – 5/2/07, 5:30 p.m.

-         Household Hazardous Waste Day and Vermont Green Up – 5/5/07

-         Last Growth Center Public Hearing – 5/30/07, 7 p.m.

·        Milton Truss Bridge.  Mr. Thompson advised that the State’s project manager, Sue Scribner, is working with URS on scope of work for installation of the bridge in Swanton.  AOT will set up a meeting with the Town on any outstanding issues.  Mr. Thompson said he suspects the project has been delayed for a year.

·        McVicker Request for Fill Behind House.   Mr. Thompson said that resident Rich McVicker had asked to pile fill behind his house, but promised it would not impede water flow at the site.  Mrs. Holbrook and Mr. Hakey are expected to visit the site to ensure there won’t be any problems.  Mr. Thompson said he would provide them later with Mr. McVicker’s phone number.

·        Franklin County Democratic Party – has requested use of the Town’s board room for a meeting on May 15.  The room has been used before for such purposes.  The Selectboard expressed no problem with the arrangement.

·        U.S. Census Bureau – is getting a start on the 2010 census already, by hosting a 5/3/07 workshop in Morrisville, urging town representatives to attend.  Mr. Thompson will call their contact to see how necessary it is for Swanton representatives to attend at this time, given the Town’s extensive E911 addressing system.  Mrs. Holbrook has expressed an interest in going, depending upon what he learns.

·        Town Garage Time Clock – Mr. Billado expressed his displeasure that four months have transpired since the Selectboard requested a time clock be installed at the Town Garage, with none yet in place.  He advised Mr. Thompson to coordinate with the Town Clerk to get some action immediately from a provider on this matter.

·        Brief discussion of Town Clerk Doris Raleigh’s brother-in-law’s recent accident.

·        FLEET PERMITS – Road Commissioner S. Holbrook signed off on the following permit requests:

Gregory Supply/Curtis Lumber Co., Inc. – List Provided

Paul A. Sylvester, Sr. – 1 veh

9155-1382 Quebec, Inc. – 2 vehs

Waynes Construction (of Westford, VT) – 1 veh

Frank W. Whitcomb Construction Corp. – 5 vehs

C. Perry Trucking, Inc. – 3 vehs

Premier Paving, Inc. – 4 vehs

13.       EXECUTIVE SESSION – Real Estate & Legal Issues.    Mrs. Holbrook moved that the Selectboard enter Executive Session to discuss real estate and legal issues.  Mr. Billado seconded the motion with it carried.  The Selectboard entered Executive Session at 9:59 p.m.  Mrs. Holbrook moved that the Selectboard exit Executive Session, seconded by Mr. Billado and carried.  The Selectboard exited Executive Session at 10:12 p.m.

Results:              1)       Update discussion regarding Cadieux appeal before the Vermont Superior Court.

2)            Discussion of town tax sale mobile home matter; it is anticipated that the mobile home from tax sale, located on County Road next to the Boulerice farm, shall be sold.

14.       ADJOURN.    Mrs. Holbrook moved that the Selectboard adjourn its meeting, seconded by Mr. Billado and carried.  There being no further business at hand, Vice Chairman Billado adjourned the meeting at 10:12 p.m.

Typed on May 4, 2007

Minutes by Leigh Smith

Received and filed by

____________________________________________     ________________________

Doris H. Raleigh, Town Clerk                                       Date

Minutes

Swanton Town Selectboard Meeting

Swanton Town Office

One Academy St., Swanton, VT

Tuesday, April 17, 2007

7:00 p.m.

Purpose:  Regular meeting of the Swanton Selectboard for the month of April 2007, with the following agenda:  1) Presentation – John S. Winters; 2) Highway Orders; 3) General Orders; 4) Solid Waste Implementation Plan Discussion – Towns of Highgate, Franklin, St. Albans, & Swanton; 5) Recreation Field Parking – Frank & Sandy Read; 6) Toll Keeper’s Building Discussion; 7) Public Comment; 8) Correspondence; 9)Any Other Necessary Business; 10) Executive Session – Legal Issue & Personnel; 11) Approve Minutes of 4/3/07 Meeting.

Present:   Harold Garrett, Chairman; Sharon Holbrook, Selectman; Daniel Billado, Vice Chairman; John S. Winters; Richard Thompson, Town Administrator; Doris Raleigh, Town Clerk;  Leigh Smith, Recording Secretary; Peter Scoughton – Channel 16; Pat (Road Crew) & Debbie Loyer; Mike Ewell – Northwest Solid Waste District; Lise and John MacDonald; Frank & Sandy Read; Recreation Commission Members:  Betsy Fournier, Eugene Lavoie, Elaine Colan, Linda Cross, Dee Raleigh; Kathy Middlemiss and Ron Allard – St. Albans Town Selectboard; Robert Terrazzano, Tod Ziegler, and Randy Towns – Casella Waste; Henry Rainville & Stephen Bushey – Highgate Selectboard; Larry Kempton, Highgate Town Administrator; Bill Rose, Northwest Regional Planning Commission; Jeff Fehrs, Vermont Department of Environmental Conservation (DEC), Solid Waste Program; Ronald Kilburn – Historical Society; Scott Newman – VTrans.

            Selectboard Chairman Harold Garrett called the meeting to order at 7:01 p.m.

1.         PRESENTATION – JOHN S. WINTERS.   On behalf of the Town, Mr. Garrett hailed Mr. Winters for 35 years of continuous outstanding service on the Swanton Board of Civil Authority.  The Selectboard presented a plaque from the Town to Mr. Winters in appreciation for his dedicated service.  Mr. Winters expressed his pleasure and thanks.

2.         HIGHWAY ORDERS – 3/21/07-4/17/07.       Mr. Billado moved that the Selectboard approve the highway orders for the period shown as printed.  Mrs. Holbrook seconded the motion, with it carried unanimously.

3.         GENERAL ORDERS  3/21/07-4/17/07.          Mr. Billado moved that the Selectboard approve the general orders for the period shown as printed.  Mrs. Holbrook seconded the motion with it carried unanimously.

4.         ECONOMIC DEVELOPMENT FUND 3/21/07-4/17/07; The Selectboard reviewed three expenses, one each for Carmi Consulting, Cross Consulting Engineers, and Landworks.  Mr. Billado questioned the Cross Consulting Engineering expense, which Mr. Thompson clarified as still valid, and one for which the Town would be reimbursed.  Mrs. Holbrook moved that the Selectboard accept the Economic Development report for the period shown as printed, seconded by Mr. Billado and carried unanimously.

5.         PAYROLL ORDERS – 3/21/07-4/17/07.        Mr. Billado moved that the Selectboard approve the payroll orders report for the period shown as printed.  Mrs. Holbrook seconded the motion, which was unanimously carried.

6.         FLEET PERMITS.       Mr. Garrett signed off on the following FLEET Permit applications:   Yvan Cote, LLC (3 vehs), Beaulac Excavating, LLC (2 vehs and trailer); Senesac Septic & Sewer (1 veh); CCR Enterprises, LLC (1 veh); Tatro Brothers Concrete Contractors (3 vehs); Mountaintop Excavating, Inc. (1 veh); Hayden D. Morin & Sons Constr. (2 vehs); Blaine Kittell (1 veh); St. Hilaire Trucking, Inc. (1 veh).

7.         REAPPRAISAL.  Mr. Thompson advised the Selectboard that the Town’s reappraisal firm, APAS, is still on schedule for completing Swanton’s reappraisal by June 1, 2007. Mr. Garrett reminded the group of his desire for a public hearing discussion to advise residents of the impact of the reappraisal, to be covered via Channel 16 and a potential radio presentation (Paul Beaudry’s local talk show on WRSA was raised as a possibility).  Mr. Garrett confirmed with the Town Administrator, Mr. Thompson, that a public hearing of this sort should happen around the last week in May. 

8.         ROAD COMMISSIONER’S REPORT.   Road Commissioner Sharon Holbrook said she had examined a culvert on Hazard Road, and sees no need for treating it as discussed at the 4/3/07 Selectboard meeting.  Mr. Garrett stressed that the matter is  closed for discussion, as the Selectboard voted to extend the culvert at its 4/3/07 meeting. 

            When asked if the seasonal truck-restriction signs are yet down from the posted roads (discussed at the 4/3/07 meeting), Mrs. Holbrook said they are not yet down.  The signs will come down on 4/18/07, she said. 

            Mrs. Holbrook said that parts have been ordered for the backhoe.

            She said that the road crew is investigating a problem culvert discussed previously by the Selectboard, on Waugh Farm Road.  Mrs. Holbrook felt this culvert was in much more critical need of attention than the one on Hazard Road.

            Mr. Billado advised that there is a problem with “sidewalk material piled up” in the Town’s right-of-way on Comstock Road, it needs to be moved out of the way.  Mrs. Holbrook acknowledged the need for removal.

             Mrs. Holbrook said she has looked at a problem placement driveway on Comstock Road that was brought as a concern previously to the Selectboard. Mr. Billado has not yet been able to view it.  Mr. Garrett said that he had seen it today (4/17/07).  Mr. Thompson advised that Swanton’s zoning bylaws allow for only one driveway cut per residence.  The town administrator added he was unaware if there had  been any complaint to zoning about the subject driveway matter.  Mr. Garrett confirmed  that  stone is in the middle of the Town road right-of-way at development on the King property on Comstock Road.  Road crew member Pat Loyer, who was present, said there are three houses at the site.  Mr. Thompson said he assumed each house had received their own driveway permits; if so, the Selectboard had signed them.  Mr. Garrett said he had received three complaints on the driveway’s positioning – it is hazardously obscured, cut in from a hill (on Comstock Road), and the driveway cannot be seen.  Mr. Thompson said if the driveway cuts have been issued, there is no recourse for the selectboard to recall them unless the permits are found to be in violation.  Mr. Thompson will check with zoning administrator Ron Kilburn about the matter and report back to the road commissioner, Mrs. Holbrook, with what he learns.  There are two houses and a foundation at the site right now. 

9.         CORRESPONDENCE.

            - Dan Billado and Dick Thompson attended a recent VCDP awards ceremony.  Swanton received a certificate for closing out the Champlain Valley Trust grant successfully. The certificate was presented for review.

            - Review of State Police Lt. Evans’ package – The report includes information on  some of the armed robberies that have been solved.  The package includes information for the week of 3/26/07, a County Summary, information for the week of 4/2/07, and a monthly summary for Swanton (March 2007).  It was noted that there have recently been two fatalities in Swanton within a 24-hour period.

            -   Mr. Thompson advised the selectboard that there would be a Wetlands meeting 4/20/07 at 8 a.m. on Fadden Road, and at 9:15 a.m. on Swanton Hill Road.  Mr. Garrett expects to attend each.  Mr. Thompson summarized the names of consultants and state agency representatives who would attend, including Amy Norris from Wetlands and Mike Adams of the Army Corps of Engineers (COE).

            - Mr. Thompson said Swanton had received a $2,950 Orphan Stormwater Grant, involving an Agreement with a local (Country Club Estates) Homeowners Association.  He noted that he had sent in the requisition to sign off for the money.  There has been a delay since one item in the contract was missing and required subsequent address; the town administrator said he felt the grant money would be in hand soon.

            - Mr. Thompson said the Town’s Household Hazardous Waste Grant is now termed a Solid Waste Implementation Grant, the amount for which ($3,077) can go toward Swanton’s Household Hazardous Waste Day expenses but is no longer limited to that focus alone.  However, the award is contingent on Swanton’s having its SWIP filed with the State by 5/1/07.  Mr. Thompson has already has submitted the first requisition for payment.

            - Tax sales were last week, Mr. Thompson reported.  Three properties were sold at tax sale, so all of the outstanding properties have either had their taxes paid or been sold.

            -  Swanton received a denial from Craig Keller of VAOT in response to the Town’s request for a road cut off Route 78 as the proposed entrance to its Industrial Park ‘D.’  Mr. Thompson said that the Town now needs to regroup to see if it will appeal AOT’s decision to the Secretary of Transportation – the action he recommends.  If it is denied at that level, the Town can further appeal to the State’s Environmental Court, and even further to the State’s Supreme Court if necessary.  Mr. Garrett suggested coordinating a strategy with the Village Trustees, so they would also be on board with Selectmen in the matter. 

            - Mr. Thompson also advised that the timing is critical for lowering the speed on Route 78 in the vicinity of MVU following the voters’ non-binding referendum from Town Meeting in March.  This matter shall also be taken up at an upcoming JLB meeting.

            - Mel Adams of the State’s AOT has contacted Swanton regarding possible AOT-related Enhancement Grants.  Mr. Thompson could not recommend anything pressing within Swanton that would currently qualify under the program. While expenses for town salt sheds are allowed, towns who qualify  must prove that they face a runoff/pollution issue with their current salt storage facility.

            - Diamond Hill Custom Heifers has sent a letter to Swanton advising that their business, compost production, offers reasonable prices for mulching. Mr. Thompson said that Enosburg has used compost for a recreation project, to address erosion control at the site..

            - There shall be an interactive TV class on 5/10/07 from 7 - 9 p.m. called “What is a Growth Center? And How Can We Get One?”  Mr. Thompson advised that most of the Town’s planning commission would likely attend.

            - The Missisquoi Valley National Wildlife Refuge offered a public hearing recently to present their Comprehensive Plan.  Mr. Thompson presented Page “1-13” for the selectboard, noting that the refuge has accounted for every parcel it has acquired in its history in Swanton.  The information should be helpful and will be kept in the Town Clerk’s office.  A copy of the comprehensive plan itself will be available in the Town Administrator’s files.  Mr. Thompson cited that as many as 1,467.76 acres, and as little as .07 acre have been purchased.  He presented another table featuring “revenue sharing” information, essentially federal PILOT funds from 2000-2004.  It is not a lot of money for what Swanton has, the town administrator said, but conceded the property is mostly wetlands anyway.

            - There will be a Vermont City Managers Association Meeting on 5/17/07-5/18/07 in Woodstock, VT.  Mr. Thompson plans to attend with the approval of the selectboard. 

            - Other upcoming meetings:  VT State Police & CAB with Select Chairs on 4/18/07 at 7 p.m.; NRPC Annual Appreciation Meeting on 4/25/07 with Display at 6 p.m.;  Growth Center Public Hearings – at FCIDC on 5/2/07 at 5:30 p.m.; Household Hazardous Waste Day on 5/5/07 at 9 a.m.; and Growth Center Public Hearing on 5/30/07 at 7 p.m. 

10.       Zoning Board Chairman and local farmer Bob Manning has allegedly reported to Mr. Garrett that water running from an illicit culvert source is coursing on to his  property.  Mr. Garrett requested that road commissioner Mrs. Holbrook contact Mr. Manning and investigate the matter.

11.       Joint Legislative Body Meeting Schedule:  It was anticipated that a JLB meeting would be scheduled during the first week in May.  (Note: It has subsequently been set for 5/1/07 at 7 p.m. at the Swanton Town Office.)

12.   SOLID WASTE IMPLEMENTATION PLAN DISCUSSION – TOWNS OF HIGHGATE, FRANKLIN, ST. ALBANS, AND SWANTON.    Bill Rose of the Northwest Regional Planning Commission (NRPC) was present along with a consortium of representatives from other towns, Jeff Fehrs of the VT DEC, Solid Waste Program, Mike Ewell of the Northwest Solid Waste District, and various representatives from Casella Waste. 

            Mr. Rose reviewed background information on the matter.  In 2003, an initial group of six independent towns submitted separate Solid Waste Implementation Plans (SWIPs) to the State for Vermont’s approval.  The State returned the SWIPS to each of the towns with comments.  The deadline for the SWIPS’ resubmission to the State is coming up on May 1, a date before each town’s actual adoption of their own SWIP.  It was unknown at this meeting when the NW Solid Waste District actually began. Mr. Rose was asked why four towns (Swanton, Highgate, Franklin, and St. Albans Town) had opted out of District membership.  Mr. Rose said each community had different reasons.  In the recent SWIP drafts he had supplied each town for review, Mr. Rose said he was encouraging each municipality to review the particular opportunities before them for joining the NW Solid Waste District.  Whatever towns don’t join shall have to submit independent community SWIPS for the State to approve as often as required.  Mr. Garrett asked if the subject four towns would have to build solid waste facilities that they, in turn,  would have to maintain.  Mr. Rose said the SWIP does not oblige that towns have to create their own facility.  The towns could form and manage their own SWIP together if they want.  When asked which option would save money for the towns, Mr. Rose conceded that “it depends”.  The planning professional said that under its own SWIP, the town would have to become responsible for education enforcement and other compliance items.  The Town would also have to pay for a solid waste coordinator or find a volunteer to administer its solid waste plan under its own SWIP.  Mr. Thompson said that Swanton is now actually “doing very little” of what the State wants it to do in the area of solid waste management. 

            Jeff Fehrs of Vermont’s Department of Environmental Conservation (DEC), Solid Waste ProgramVT DEC addressed the audience.  All Solid Waste planning entities are required to revise their SWIPs, he said.  Vermont adopted a new State plan for SWIPs in 2001.  Once that happened, municipalities had to adopt local plans that conformed with it.  Swanton, as well as Highgate, Franklin, and St. Albans Town, has chosen to be its own “solid waste entity”.  This could conceivably continue, with the entity being either a single town or an alliance of towns as a district, he said.  Since Swanton chose to be its own entity, it had to develop its own SWIP.  Mr. Fehrs said the State doesn’t hold  different standards for individual towns or whole districts in the matter – Vermont upholds the same standards every solid waste district, however it is comprised; statutes won’t allow otherwise, he said.  Mr. Fehrs confirmed that Swanton really does need to do more before its SWIP could be approved by the State.  As to “how to do it,” Mr. Fehrs conceded that Town officials would know what is best for their own towns --- but the SWIPs require the towns to describe their goals.  That’s the key, he said, and the State of Vermont has not yet been able to make that determination with any of Swanton’s SWIP as previously submitted.  Mr. Fehrs said he would not say Swanton is doing anything wrong, but that Swanton needs to do more: it needs to divert more trash, conduct more outreach, administrate more programs and develop more services.  Who’s going to pay for the Town to do it, Dan Billado asked.  He added that it could cost Swanton an extra $35,000 based on what the Town’s gathered in discussions with local haulers.  Mr. Billado asked if each town’s SWIP becomes State-approved, is it a “one-time deal”?  The SWIPs should technically feature a five-year plan, Mr. Fehrs said, but he neither hopes nor anticipates that they’ll need to be rewritten every five years.  He said if a rewrite becomes necessary in five years, it should not require the “same level of effort” put into the one now due by May 1^st.   The DEC agent explained that solid waste developments have changed dramatically in the State since implementation of the 2001 plan. Between 2007 and 2012, he doesn’t see that level of change happening again.

             Bill Rose said the SWIP is split into two sections:  (1) the Plan itself and (2) a Report. Based on each town’s per capita figure changes, there could be revisions necessary for each Town, as the State is looking for reduction targets.  Mr. Fehrs said the report is a small part of the SWIP, and not “onerous”  The State requires it as a means of tracking progress.

            Larry Kempton, Highgate Town Administrator, said he felt submitting the SWIP would be the “easy part.”  What would be onerous for Highgate, he said, would be implementing the plan.  Vermont has decided that its towns are responsible for reducing the solid waste stream throughout the state, but is offering no money to have them do it.  The towns who have joined the NWSW District are paying out-of-pocket, he charged.  “The State wants to dump the project on the towns.”  Mr. Thompson said that the existence of multiple haulers also complicates the matter.  Casella representative Randy Towns confirmed that its company keeps a “paper trail” report of origin towns for collected debris --- as long as whoever is bringing in the trash is reporting to Casella truthfully, he said.  Mr. Garrett said there haulers may or may not be reporting truthfully to Casella.  Mr. Billado said that as collection trucks drop off at Casella’s scales, that trash then gets loaded onto other trucks and taken somewhere else.  Casella has to report to the State what comes from a District-oriented source and what doesn’t, and pay to the District what it is due.  Swanton officials charged that local haulers’ costs will go up if the Town is not a member of the District.   The non-District haulers would be charged a fee, which in turn will be passed on to the taxpayers, Mr. Garrett forecasted. “Even $2 more a week can be hard for someone on a fixed income,” he said.  Mr. Fehrs replied that the $17/ton tipping fee to haulers charged by the District pays for a variety of programs – the Household Hazardous Waste (HHW) program, as an example.  If Swanton joined the NWSW District, it would not have to do its own HHW programs again, he reasoned.  He said there would be other services the town would not have to pay for.  “Which will be cheaper for your residents?” he asked.   “Seventeen dollars ($17) per ton on trash, or for the Town to run the programs that Vermont would have to enforce beside other Districts to remain in conformance?”  Mr. Fehrs offered that the Town might  come up with a more cost-effective manner.  Mr. Thompson acknowledged the District’s $17/ton tipping fee, but added that there is also a $1.00/capita annual charge along with a $2.50/capita one-time charge to join the District – making it an expense of $22,589 for Swanton as a first-time fee that it had not budgeted for this year.  Mr. Garrett warned that towns being forced into the district may assume “another ten thousand dollars” to pick up after people who are dumping alongside of the road because they cannot afford the costs of being part of the District. Mr. Fehrs said if the town had to assume a cost burden under that scenario, he doubted that the State would help the Town get rid of that resulting trash “for free”.  Mr. Billado cited an Orphan Stormwater issue now before Swanton; he said, “Now it’s back on the taxpayers of the town…the school taxes…are out of control.”  Mr. Fehrs said he does understand the concerns shared by Swanton’s officials.  If Swanton joined the NWSW District, and people’s fees went up because of the surcharge, there would be less cost to the Town but people may feel an impact more through their monthly payments.  Mr. Thompson said the Town’s HHW program and $1/capital annual charge is “just about a wash” – and Swanton gets a grant which pays for half of that.  But if Swanton doesn’t submit a SWIP, it won’t get future HHW grants, he said.  Highgate’s Larry Kempton said if Highgate’s SWIP isn’t approved, Casella itself would be out of business.  Mr. Fehrs said on May 1, the certification for Casella would not exactly be pulled, but that the State would be reviewing Highgate and Casella’s for compliance.   

            Bill Rose said the drafts each community has address “critical concerns” and provide latitude to begin with the plan now in place; but each would have to document a date by which they would begin implementation in the future toward compliance – there’s a window, in other words.  The towns could talk with the District and work something out with the drafts circulating now, Mr. Rose said.  But Swanton would be responsible for coordinating that town’s hauling, diverting stuff out of the waste stream, recycling, generating reporting based on residential/restaurants/commercial trash origin, unit pricing, and so on.  Mr. Fehrs agreed that a single town’s SWIP responsibility could be equal to an entire District’s.  The State has “municipalities over a barrel,”  Mr. Billado said.  He cited fines the State could impose, and sooner or later “towns will have to join” [the District].

            It was noted that in 1987 the Vermont Legislature decided waste management was a matter towns should be responsible for.

            State Rep. and St. Albans Town Selectman Ron Allard advised that the matter had not yet been discussed in Legislative session this year while he has been there.  There are options the towns have if they don’t want to join the NWSW District, he said.  The four towns could create their own district.  Towns could charge $10/ton tipping fee [instead of the $17/ton tipping fee of the NWSW District].  Rep. Allard said that St. Albans Town had contracted NRPC to write its SWIP, that all of the towns represented here tonight had. SWIP drafts before them for review. Rep. Allard queried why St. Albans Town had only been sent theirs on April 3^rd with a May 1^st deadline.  That wasn’t news for [St. Albans Town], Mr. Rose advised – he had let each town know when he’d get the drafts out.  The planner said the towns’ drafts due to the State on May 1 is not an approved plan --- the SWIPS actually don’t get approved until the State reviews them and makes sure they’re in conformance.  Mr. Fehrs said the word is not “negotiation,” but there is some “give and take.”  The State recognizes there are limitations that towns, alliances, or Districts have, he said.  “You must do two HHW collections per year, however.  No matter what, you are looking at improving your program across the board,” he added.  Mr. Billado said that if it joins the District, Swanton is only allowed one HHW day per year. Mr. Fehrs said that when towns join the District, they operate throughout the District during the year.  He said it could be that HHW days would operate in different towns, but all town residents would have access to them.  Mike Ewell said there would be a permanent facility.  There are a total of 14 collections each summer, and all residents of the District. could go any of those collection sites at the appropriate times. 

            There was discussion about the issue of Highgate’s belonging to the District, or not, and how that would impact Casella’s operations in that town.  The only issue, according to Mr. Fehrs, is “where [Casella’s] is located.”  If Highgate didn’t have an approved SWIP, “that would be an issue.”  Casella’s could accept waste from towns even without a plan – but it’s where they can TAKE the waste; the towns have to take it out of state if they don’t have an approved SWIP plan.  If Highgate didn’t have an approved plan and didn’t join the District, the town would then have to go out of State and Casella wouldn’t be certified to operate in Highgate.

            Casella was asked about transfer trucks carrying trash across the state line to New York.   Mr. Garrett asked why Swanton should pay for conveyance out of state. Mr. Garrett said he sees two to three Casella trucks a day going toward Alburgh.

            Casella representatives advised they have to keep District and non-District trash separately reported.  They have to assure Vermont that recycles are removed and that it is hazard-free.  Rep. Allard said he used to watch Casella’s “recycled trash” dumped in with regular garbage.

            Mr. Fehrs said Highgate needs to be covered by its own SWIP, join with the other towns, or become part of the District – then the Casella facility can be certified.  If Highgate doesn’t pursue one of the three options, then a condition in certification says Vermont would have to revoke Casella’s permit.  Mr. Fehrs added, “A separate issue is if you’re a town without a SWIP, you have to meet stringent performance standards to have trash disposed of in state – or take it out of state.”

            Rep. Allard was asked if there was any tax money that funded landfills in Vermont?  He said no, he didn’t think so.  As far as he knows, it’s all private money -- but there’s a profit there, he said.  Mr. Garrett asked why the State is so interested in records of a breakdown in trash – by residence, restaurant or business?  Mr. Fehrs replied that a key component of the SWIP is looking for the amount of trash a town/District generates, so that it can target a DECREASE. “To know if there is progress is to measure it.  If the towns don’t have data, they don’t know,” he said.  Why does the expense fall back on the towns for data, Mr. Billado asked.  It’s the only practical way, Mr. Fehrs said.  The towns are supposed to be doing it, too.  If towns see their per-capita trash figures going up – then something is not right.

            Mr. Billado returned to the issue of Casella trucks seen heading toward New York.  He asked if there was a paper trail establishing that the trash is going either to New York or Vermont landfills?  If Swanton winds up paying $17/ton tipping fee for haulers, why should it be trucked to New York?  Casella said the $17/ton goes to the Solid Waste District to manage the trash.  As long as it goes to a legal site, they don’t care where it goes, Mr. Towns said. 

            Mr. Ewell said the State franchises $6/ton to fund the grant programs and to fund Jeff Fehrs and Mr. Fehrs’ ANR component operations.  If Swanton went in with a  ton of trash, he said, it  would about $102/ton to Highgate for Casella – assuming it is from a District town.  Out of that, $17/ton goes to the District, $6 to the State, and the rest goes to Casella and Highgate.  The $17/ton is a tax, essentially.  Mr. Ewell was charged that “the guy in the District pays $119/ton.”  “There is a slightly better tipping fee for the District,” Mr. Ewell responded.  Swanton is paying $102 now.  Mr. Ewell said that Vermont’s NWSW District taxes the trash because the philosophy is, “how much you pay for solid waste services is based on how much trash you have.”  Mr. Ewell suggested that the Town look at the expense as $17/ton for an average household (borne out everywhere, but higher in non-District towns, he said) for one ton of trash a year; that would be $17 per year per household -- essentially $1.50 a month to fund all the services.  Mr. Fehrs said there is a trade-off, the towns can take the expenses off their tax rolls.  Mr. Ewell said the four towns should “ask their friends from District towns” what they have top ay for their trash to be picked up. He forecasted it would be about the same cost.  Mr. Ewell also said that over the last three years, the District has had several towns outside the District rejoin.  He acknowledged the $23,000 first year cost to join.  But, he said, none of the towns who have joined the District have seen their rates go up.

            Mr. Kempton asked about businesses in the [four] towns.  Mr. Ewell said to check with those businesses too -- their roll-off containers can be individually charged by weight.  Compare towns’ businesses inside and outside the District, he said.   Market forces control the rates more than a state tax or a District surcharge or anything else. 

            Mr. Kempton said if market forces can “do it so well,” why is it coming down to the towns to create a Solid Waste District?  Mr. Ewell said he’d worked for the NWSW District for 15 years.  The reason Vermont passed Act 78 in 1987 was in direct response to changes in federal law, he said; all town dumps had to close.  The State of Vermont spent money on studies to see what would happen, how to create sophisticated limed landfills. The State wants to keep as much out of those landfills as possible – it has looked at composting, recycling, reuse, and limed landfills, and came to the conclusion that towns with town dumps wouldn’t be able to afford it.  The State could take over a plan altogether or divide one into various components.  The only model that became “politically acceptable” was to draw lines along the regional planning commissions, Mr. Ewell said – that’s how the Northwest District got started, so the towns could realize the “economies of scale.”  Statutorily, towns have been responsible for trash long before Act 78,  he said; but it’s a question of how it’s going to get paid for.  Mr. Fehrs said during the early 1990s there were lots of changes – the private sector responded “fast and hard” to public direction that waste management was going in compliance with Act 78.  There wasn’t any recycling going on until then, he said. But the role the towns and the District play, is to do those things that the private sector either doesn’t want to do or can’t do.  “That’s where the education, enforcement, and recycling programs come in,” he said. Mr. Ewell said that regarding more trash alongside of town roads – he feels people in the District will report that there is virtually no roadside dumping.  When there is, it is enforced through traffic court.  They catch 95% of the cases.  Dan Billado said Swanton already has an ordinance against mishandling of trash.

            Mr. Thompson asked about what manpower will be needed to implement the SWIPs: will it take .50  person a year?  If it’s four towns, will it take two people?

            Bill Rose said the towns have to appoint someone within the Plan.  It would be one person per town, currently.  There are 15 towns currently in the District, and the District employs four people.  Mr. Ewell conceded that the District does have trained people.  He doesn’t know what it would cost for the towns to employ a person or people on their own.  Whether the [four] towns join or not, it doesn’t make any difference to the District board, Mr. Ewell said.  But, he said, he’s concerned the towns make their decisions using accurate information. 

            Mr. Ewell said he’s worked for the NWSW District for 15 years.  Mr. Kempton said he’d been serving Highgate for seven years.  Prior Highgate selectboards, the town administrator noted, have shown some “real animosity toward the Solid Waste District.”  He asked Mr. Ewell to explain why that might be.

            Mr. Ewell said when he started working for the District, there were then 22 town, among whom Highgate was never a member.  Swanton used to be.  What triggered the “mass withdrawal,” he said, was that, when the District formed, the vast majority of funding came from State grant money – and that changed.  At the beginning, figures varying from $25 million to $40 million were available to get districts formed and their original plans written and implemented. At that point, the NWSW District was operating with a $3/capita assessment and grant money from State.  There were other per capita assessments charged by the landfills and receiving facilities.  The state grant money began to “dry up in 1992-1993”.  The state was putting pressure on the district to start implementing programs to collect hazardous waste, start recycling, conduct programs in schools, etc. – and where was it going to get the money to do it?  Other districts had moved to a waste-based fee system, he said. The NWSW District had not done that yet.  What triggered the “mass withdrawal” was the proposal to implement a District-wide recycling program and shift from a per capita assessment to a surcharge. Mr. Ewell said that the withdrawal of towns had to do with “the role the District was going to play and how it was going to be paid.”  As far as animosity, he thinks there were some legal issues that arose after the towns withdrew, which were litigated; and that there were hard feelings based on the outcome of the litigation. Otherwise, he sees joining the District as a “function of philosophy.”

            The NWSW District is run by different people – not Chittenden District employees.  The District affecting Swanton is not funding a legal battle in Hinesburg, Mr. Ewell assured Mr. Garrett in response to a question raised by the latter.  The NWSW District has a certified landfill site that in a few years will be completely paid for, Mr. Ewell said.

            Mr. Ewell said that Swanton’s $2.50/capita one time charge would be the equivalent to a “buy-in fee,” like buying in to capital assets.  However, once they’ve joined, Mr. Ewell said, the towns have never been required to pay up front, they can pay off the $22,589 first year fee (for example) over time.  That $2.50/capita figure was set several years ago and, he cautioned, he doesn’t know if it would be fair to current residents of the District today for others to come in and not pay a higher amount – it could be higher, it could be lower, he could not predict.  Mr. Thompson suggested with four towns in the sidelines, that it would behoove the District to charge less than they are proposing.  Mr. Ewell said he had not discussed the matter with his board, so he could not predict pricing. He said he spoke with St. Albans Town several years ago.  Mr. Ewell said it has to go before the various towns’ voters to even join the District.  He added that no town should approach joining the District if it feels forced to do so.  He said he doesn’t see how his Board will respond to towns looking to be part of the District if the towns can’t demonstrate that they even want to join.  The Board can determine what is in the best interest of the District.

            Mr. Garrett said the tough questions officials are asking are what voters themselves would likely ask, explaining the “hot seat” tone of the evening.

            Mr. Ewell offered data from the District regarding amounts of trash and where it goes.  He pointed out that the District makes up 62% of the population using the Highgate Transfer Station, but generates only 49% of the trash.  Pounds of trash-per-person for District  population is 2,300 per year versus 4,000 for non-District persons in the study he offered.

            Randy Towns of Casella explained that because certain towns don’t belong to the District, when haulers report how much tonnage they have, they may claim more tonnage from towns that are not part of the District.  Mr. Ewell said that the District does audit the transfer station every year. 

            Mr. Towns said most of the industries in Swanton and St. Albans Town generate the most tonnage.  PBM in Georgia is now part of the District. Their waste and cost “went up thousands,” Mr. Towns said.

            If the four towns join the NWSW District, Mr. Garrett said, “in all businesses, the bigger you are, the cheaper you can operate.” Shouldn’t trash rates drop because the District picks up the “other 40%” [the remaining towns]?  Mr. Ewell said he understands the concept, but he could not make promises for his Board.  He said it’s a difference between what services the District provides and what they will cost.  He said economies of scale should extend to the surcharge.  The building going up in Georgia is “to try to make that happen,” he said.  One goal for the District is that it is so expensive to recycle, they are having trouble meeting the goals of State, because hauling fees are so great.  He cited various scenarios.  Mr. Ewell said the District is trying to adopt the District model used successfully in the Northeast Kingdom.  The District there has been able to retire its District debt and now features no tipping fees.  The Northeast Solid Waste District is about the same size as the Northwest Solid Waste District. The NWSW District is trying to reduce the costs through efficiency measures.

            Mr. Kempton and Mr. Rose discussed general matters and timelines regarding the towns’ SWIP drafts. 

            Mr. Garrett thanked everyone for coming and said “it would be up to voters.”

13.       RECREATION FIELD PARKING – Frank & Sandy Read.     The Reads were present to discuss recreation field parking that in previous years had accessed some of the Read property [formerly Swanton Packing].  Mrs. Read said that because of litigation (an appeal of a Swanton Planning Commission decision before the State’s Environmental Court),  they can’t discuss some things.  The Reads noted they have received a letter from the Town regarding the ball field matter and insurance coverage.  What was offered by the Town “won’t be good enough as far as liability coverage” according to Mrs. Read.  Unless the Town can come up with a policy to provide a solution, they can’t let anyone use their land for parking near the ball fields.  Insurance agent Andy Finelli has been in touch with the town administrator concerning a solution that would involve adequate insurance coverage.  Mr. Finelli has offered that an independent agent in the middle would be more appropriate.  (Mr. Finelli serves both the Town and the Reads with policies.)  Mr. Finelli had suggested the Reads grant the Town an easement over which further town coverage could be extended.  If the Town had an easement, it could offer coverage through an “indemnification and hold harmless clause” within the easement language, and the Town’s insurance would cover the Town and the Reads if something happened.  Under this scenario, the Town could ask the insurer to pay a potential claim, or the Reads would have entitlement to litigate.  Without the easement, there is nothing further Town insurance can cover.

            Mrs. Read replied that they are not paying any more for the Town to use the property.  The recreation field users may no longer travel across the Reads’ land due to liability to the Reads.  Any further expense, the Town must come up with, she said.  The Town can’t come forward with coverage because it doesn’t have an easement, Mr. Thompson said.  Mrs. Read said the couple just cannot do it.  Mr. Garrett informed the Reads that if someone does park on the Reads’ property, and something happens, the Town will not liable for it.  Mrs. Read stressed that they plan to erect a fence prohibiting trespass. 

            Betsy Fournier, Chairman of the Recreation Commission, asked about alternate parking since Little League softball begins in two days.  Mrs. Read understood, but said the matter was “totally out of their hands.” 

            Discussion of alternate parking areas.   Jewett Street access to the parking lot at Demers property may be feasible, but Dennis Demers has a gate that goes to his facility and Mr. Lavoie thought the Town might have to put a road in.  Mrs. Read said their property “goes beyond the back stop” – and that their fence will go from the Town’s fence “straight across.”  Their land is on the inside of the field, and there is a pin on the inside of where the gate was put up, she said.  The backstop itself is Recreation’s  property. 

            Mr. Billado said Swanton will have to talk to Shelburne Limestone about access from Jewett Street.  Mr. Garrett asked the Recreation Commission folks present if there was room enough at the end – a “ten-foot strip off a corner of the field to drop across.” Swanton can’t be “the only community that has private land around it,” he said.  The Selectboard offered to talk with Mr. Demers and may have to take 10 feet off the corner of Jewett Street.  Mr. Lavoie thought there would be room.  Mrs. Holbrook asked about entering near the recreation building itself – Betsy Fournier said no, the area is all fields there.

            Further discussion involved the possibility of accessing the ball field via the Town’s rail trail along the former railroad bed off Grand Avenue.  It is going to be stumped before not too long, the Town is only awaiting a letter from the State’s Assistant Attorney General to proceed with clearing the 66-foot wide trail.  Once cleared, drivers could access the fields by swinging off Grand Avenue, and traveling the bed in a circle down behind the Reads property, thereby averting direct access to the Reads’ property.

             Lise MacDonald, who with husband John owns Swanton Wayside, asked about  the impact of parking to their business. 

            A solution “isn’t going to happen overnight,” selectmen told attendants.  Officials explained that unfortunately, the Town was under the assumption it could work something out with the Reads and sadly, could not.

            It was noted that Swanton Village owns 50 of road (25 feet on each side) on Blake Street, but its property “stops at the fire hydrant.”  Until that point, people can park on either side of Blake Street. 

            The Town will open up the rail trail – once they get it, Mr. Thompson said.  He stressed again that it is a 66 foot-wide trail.  The recreation commission shall be tasked with “making things safe” during interim conditions.  Mr. Thompson felt it would be better for folks to come off Jewett Street, but the rail trail access is a viable alternative.

            Mr. Lavoie stressed the importance of clearing things with Mr. Demers on any plans that affect the latter’s property and access of that business’s trucks on nearby scales.

            Mr. Garrett offered to have the Selectboard meet with Mr. Demers separately or with recreation commission members, or both.

            Mr. Thompson will arrange to set up a special meeting with Mr. Demers and the recreation commission. Mr. Lavoie reported that he had been trying to reach Mr. Demers himself but had been unsuccessful.  Mr. Billado said that the Town would “make it work.”   Mr. Garrett stressed again what was tying town officials’ hands in arranging for a direct access via the Reads’ property. 

            Mrs. Read explained circumstances with the Meat Packing Company’s closing and the couple’s previous response to recreation commission matters. 

            It was stressed that Swanton Town does not have insurance affecting the MacDonald’s property, either.

            John MacDonald explained that in the past, when people were asked to move from their business area, they became irritated.  Swanton Wayside’s signs have even been knocked down in protest. 

            The Recreation Commission has sent out letters to all their coaches alerting them that they can’t park at Reads or at MacDonalds’ properties.  They’ve been redirected in back of the ballfields.

            The Village road goes partially parallel to the Reads’ property and then stops.  The “No Parking” signs will go up where Reads’ property starts.  The Village road ends at the hydrant, Mrs. Read stressed again.

            A recreation commission member asked about the impact of people parking on Grand Avenue – Mr. Billado pointed people to the Village Trustees about the matter.

            If the recreation commission needs a backhoe in the solution, Mr. Billado offered that they should come back to the Town.

            If Jewett Street is opened up, Wayside Furniture’s “problems may go away,” Mr. Billado gauged.  Road crew member Patrick Loyer asked about money to cover the base of the rail trail.

            Mr. Lavoie asked about financial support from the Town on a solution, if needed.  Mr. Garrett assured that because it’s town-owned, a way may cost only about five to six loads of stone, and stone is “right there,” [at Swanton Limestone].  The Town can “work something out,” he said, because the Town recognizes that the finances to remedy the problem are in neither Town’s nor the recreation commission’s budgets.  The sports programs can’t stop because of a $500 stone issue, Mr. Garrett said.

14. TOLL KEEPER’S BUILDING DISCUSSION.  Scott Newman of VTrans (Division of Historic Structures) was present with Zoning Administrator and Historical Society Chairman Ron Kilburn.  The gentlemen offered for selectmen to review an early picture and plans of the former toll keeper’s house on the Missisquoi Bay Bridge from circa 1937.  Tollkeepers could stay there as there were accommodations.  There is also, across the road, a gate house to get out of the weather. VTrans has contracted with Cianbro (who is constructing the new bridge) to get the building off the current causeway -- soon.  The State is obligated to save the toll keeper’s building, and it’s already on the State’s Register of Historic Buildings.  It cannot be left on the current causeway.  Mr. Kilburn argued the case for Swanton’s agreement to take the building, as it would fit in well at the town’s Transportation Museum now on South River Street.  Swanton is trying to inform the general public about transportation today and historically, Mr. Kilburn said; as well as make a priority in recycling buildings – which Swanton has already done with the Depot itself and the Caboose (moved to the museum site from Maquam Shore in January 2007).  Mr. Newman plans a site visit with Dan Landry (Cianbro’s Project Manager for bridge) on 4/20/07 to see how VTrans and Cianbro can together address moving the building in an optimum way.  Mrs. Holbrook asked about the current base under the toll house.  Mr. Newman said it’s actually a  two-story structure.  One story is built onto the causeway’s embankment and is a type of basement, he said.  The original construction drawings were offered for review – much to the delighted attention of Mrs. Holbrook.  Just the upper floor would be moved, Mr. Newman explained, because it would be impractical to move it unless it were going onto a riverbank. 

Mr. Garrett asked Mr. Kilburn about the likelihood that the Swanton Historical Society would take the building, he’d like to talk to them as well as their chairman.  Mr. Kilburn replied that the group has talked about the building since 2003 as a future project, it’s “been on the radar screen.”  According to Mr. Newman, the building has to be moved, has to be saved, and would be re-erected at no cost to any municipality that assumes it.  Swanton would have ongoing maintenance responsibility, however. 

Mr. Garrett said his preference would that the building be removed to State-owned property on the railroad bed (which will become a bike path) at Grand Avenue in Swanton, so that there would be a building on both ends of the bike path.

 Mr. Thompson said as well, AOT owns land the Town was going to use as a picnic area at the railhead of a trail from Swanton to St. Johnsbury, off Robin Hood Drive.  It’s a rounded part, or “diamond”, he said.  It was noted that there is a museum at Robin Hood Drive already (the former bag factory).

 Mr. Kilburn said that the most attractive thing at the Depot is that it is near the water (the Missisquoi River lies across the street), in keeping with the toll house’s original location. The South River Street site is a good focus for bridges in Swanton (iron and wooden), life on the Lake with canals and sailing boats; and the concept fits in with the museum’s transportation theme.  Mr. Garrett felt that the additional building might appear to “create clutter” at the Depot site.

            Cianbro wants to move the building by the end of May 2007.

            Mr. Garrett raised the option of leaving the toll house renovated at the head of the new bridge. But, it was noted, the bridge that’s coming in features only a 66-foot right-of-way which would not govern enough space needed.  The subject building is 12 ft. x 27 ft. 

            The discussion returned to the option of placing the building on land at the spur of Robin Hood Drive, at the entrance to Town from the East.

            Mr. Kilburn has three places he said he can “picture it” at the Depot site – two places are on the River side, at either side of the upcoming [Milton truss] bridge, or “beyond the Caboose, where the land curves to North” – which Mr.Kilburn described as  currently wooded, but which could be cleared.   Mr. Newman said the State would prefer that the building remain in its former context (near water, related to bridges, or other historic buildings), and that the riverside point at the Depot site would be preferable.  Mr. Garrett said he would not oppose its being placed on town property, but would not ask Swanton’s taxpayers to pick up the maintenance tab.  AOT will “fit and finish” the building to a certain standard, Mr. Newman said. - But after it’s there, according to Mr. Garrett, someone besides the Town will have to maintain it.  -That’s understood, Mr. Kilburn said.  It will take extra money to restore the inside of the building.  After that, Mr. Kilburn said he was uncertain of what maintenance would even be needed – as there would be no heating, etc.  Mrs. Holbrook said she wished the bottom floor could be preserved.

            Mr. Kilburn said the Historical Society may have an issue with the terms of maintenance.  They may not even want the building, he confided.  Swanton may run into issues with the group, he cautioned, but hopefully not, as they have been discussing the possibility for years.

            Mr. Billado moved that the Selectboard support conserving the building on the Alburgh Bridge by having it moved at State expense onto Town property and relying on both VTrans and the Town’s Historical Society to cooperate in making it happen.  Mrs. Holbrook seconded the motion.  The motion was carried unanimously. Mr. Garrett moved that the motion be amended to add that no town tax dollars be used to maintain the building.  Mr. Billado and Mrs. Holbrook both agreed to the amendment; carrying it unanimously.

            It was left that Mr. Thompson shall meet Mr. Newman on 4/20/07 at the town office at 7:50 a.m. in anticipation of conducting a brief site visit with Mike Adams of the Army Corps of Engineers.

15.       PUBLIC COMMENT.   None of record.

16.       EXECUTIVE SESSION – Legal and Personnel.   Mrs. Holbrook moved that the Selectboard enter Executive Session for the purpose of discussing legal and personnel issues.  Mr. Billado seconded the motion with it carried unanimously. 

The Selectboard entered Executive Session at 9:35 p.m.

Mr. Billado moved that the Selectboard exit Executive Session, seconded by Mrs. Holbrook and carried unanimously.

The Selectboard exited Executive Session at 10:12 p.m.

Follow-up:

(1)        Mr. Garrett asked for a motion from the board to lay off a member of the town’s highway department.  Mr. Billado said he believes the Town does need to cut back to a four-man highway team, and does not understand why the previous selectboard  approved five employees for that department.  Mr. Garrett asked for evidence to support the current level of highway staff members, given the expense it is costing the Town. Messrs. Billado and Garrett challenged road commissioner Sharon Holbrook with the fact that the Town had paid $40,000 for work on the Champlain Street/Lakewood Drive project last summer (2006), when “all the road crew had to do was haul” for the contractor.  Both Messrs. Billado and Garrett cited an alleged lack of leadership over highway staff, and convictions that current operations and results for the crew are unacceptable.  They cited what their hopes had been, as fellow selectboard members, when they appointed Mrs. Holbrook as the road commissioner in place of Mr. Hakey, who now operates as the highway crew foreman.

            Mr. Billado moved that the Town revert to a four-man highway crew.  Mr. Garrett seconded the motion. Motion carried by the majority, as Mrs. Holbrook voted in the negative.   

            Mr. Garrett moved that David Barney be laid off  from the Town’s highway crew.  There was no second to the motion.  Mr. Billado said that he personally could not support laying off Mr. Barney.  He added that there had been “discussion between various Board members and Mr. Barney,” and that Mr. Barney had been “part of a plan that didn’t work out,” and as a result, he was being wrongly targeted to be let go.

            Selectboard members recalled a past discussion with no results, of rearranging the highway crew structure so that Mr. Barney would be “in charge.”  Mr. Garrett recounted his conversation with Mr. Barney.  Mr. Billado said he had talked with all five of the road crew members.  Mrs. Holbrook said that she had seen them all today (4/17/07) and stressed that they “all want to work.”

            Result:  Mr. Garrett confirmed for the record that no one from the road crew is currently being laid off.

             (2)        Mr. Garrett said that as a result of the town’s decision to retain its a fifth highway crew member, he would now in no way support the Town’s purchase of an excavator, which had been entertained in earlier discussions.

            Mrs. Holbook moved that the Town proceed with the purchase of an excavator; Mr. Billado seconded the motion.  Motion carried by the majority, as Mr. Garrett voted in the negative. 

             (3)  Mr. Thompson shall inform the Town Clerk that the Town’s “Forgive and Forget Policy” shall remain the same.

             (4)  Mr. Thompson has been in discussions with Town Attorney Mary Casey on developments in the Cadieux appeal matter.  No action.

             (5)   In response to Grand Avenue resident Carmen Wiley’s water issues, Mr. Thompson shall encourage her again to contact Swanton Village to avail of their sewer service, and confirm again that the water issues are not Town-related and cannot be Town-remedied.

 17.   APPROVE SELECTBOARD MINUTES OF 4/3/07.  Mr. Billado moved that the selectboard approve minutes as recorded from its 4/3/07 meeting.  Mrs. Holbrook seconded the motion with it carried unanimously.

 18.  ADJOURN.   Mrs. Holbrook moved that the selectboard adjourn its meeting, seconded by Mr. Billado and carried unanimously.  There being no further business at hand, Chairman Garrett adjourned the selectboard meeting at 10:22 p.m.

 Minutes by Leigh Smith

Typed on 4/18/07

Received and filed by: 

_________________________________     ______________________________

Doris H. Raleigh, Town Clerk                   Date 

MINUTES

SWANTON SELECTBOARD MEETING

SWANTON TOWN OFFICE

  SWANTON, VERMONT

TUESDAY, APRIL 3, 2007

7:00 P.M

Present:  Harold Garrett, Chairman; Sherry Holbrook, Selectman; Daniel Billado, Vice Chairman; Richard Thompson, Town Administrator; Leigh Smith, Recording Secretary; John S. Winters. 

Purpose:  Agenda as warned:  (1) FCIDC VCDP Grant Close Out Public Hearing; (2) Presentation; (3) Execute Police Protection Contract; (4) Upcoming Meetings; (5) Tax Sale Status – 4/11/07; (6) Correspondence; (7) Public Comment; (8) Approve Minutes of 3/12/07 & 3/20/07 Meetings; (9) Any Other Necessary Business; (10) Personnel & Real Estate – Executive Session. 

                        Chairman Harold Garrett called the meeting to order at 7:03 p.m. 

1. FCIDC VCDP GRANT CLOSE OUT PUBLIC HEARING.   Chairman Harold Garrett read a prepared narrative noting the purpose of the public hearing -- to obtain the views of citizens on community development, and to furnish information concerning the range of community development activities undertaken under the $725,000 Implementation Grant which the Town of Swanton received on 3/30/03 under the Vermont Community Development Program.  Mr. Thompson noted that Swanton was one of eight funding sources for the Grant.  Swanton needs only one close out public hearing.  It was noted that the Grant had converted to a $260,000 loan – the first time in the history of the VCDP agency.   The loan shall be paid back in small monthly installments by FCIDC.  Tim Smith of FCIDC will report to VCDP with what jobs are created, and it is hoped that the balloon payment can be averted by having all of the original 20 jobs filled within the next six months.  The Department of Employment is on site and helping in the effort.

            Mrs. Holbrook moved that in the absence of any public input, the Selectboard close out the public hearing on the VCDP grant.  Mr. Billado seconded the motion, with it carried unanimously.  Mr. Thompson noted that the agenda, minutes and narrative relative to this item for tonight’s meeting would be sent to VCDP. 

2.         PRESENTATION – JOHN S. WINTERS.     In honor of his 35 years of service to Swanton, primarily on the Town’s Board of Civil Authority, John S. Winters was awarded with a plaque by the Selectboard.  The ceremony shall be repeated for a Channel 16 camera audience at the next regular selectboard meeting on April 17, 2007.  (Cable coverage was not present this evening.) 

3.         EXECUTE POLICE PROTECTION CONTRACT.      Selectboard members Sharon Holbrook and Daniel Billado signed the Police Protection Contract with the Franklin Sheriff’s office extending coverage shared with Highgate for the next year.  The cost for services is $49,500 (Swanton).  The contract was signed by the sheriff’s office on 3/28/07.  It was noted that the town will have to renegotiate coverage with the sheriff’s department next year, during which it is anticipated a new cruiser will be required. 

4.         UPCOMING MEETINGS.     Selectboard members reviewed a printed list reminding them of upcoming meetings, including with Governor Douglas & FCIDC on 4/11/07 at various local industries; on 4/4/07 (Exit 21 Pre-Construction Meeting in Williston, which no one anticipated attending); Friday, 4/20/07 – Fadden Road and Swanton Hill Wetlands Meetings with Mike Adams of the Army Corps of Engineers.  Sherry Holbrook will go to both site visits and Harold Garrett will go to the Fadden Road site visit as well. It was not anticipated that Engineer Greg Pierce shall be needed, but  Stream Alternation Manager Chris Brunelle (who will be present) may yet request the engineer’s presence.  Neither Mr. Brunelle nor Mike Adams anticipate needing wetlands surveyor Peter Spear present, however.  

            A further meeting not on the list was discussed.  It was noted that on Friday, 4/6/07 at 10:00 a.m., Matt Bruhns (stormwater section) and Jessanne Wyman (wastewater division) will be conducting a site visit of Mike Gosselin’s property on Sugar Maple Drive. Property owners Yergeau and Iverson are allegedly pursuing civil litigation against Mr. Gosselin for development of his property adversely affecting their own, primarily due to water damage. 

5.         TAX SALE STATUS. Mr. Thompson reviewed with the Selectboard a list (current as of 4/3/04 at 3 p.m.) of which parcels were up for tax sale on 4/11/07 at 10 a.m.  No action taken. 

6.         CORRESPONDENCE. 

·        3/29/07 John Hall (Dept. of Housing & Community Affairs) letter to Mr. Garrett re: VCDP – 2006 Project Completion Achievement.  Governor Douglas and the Agency of Commerce and Community Development will be recognizing Swanton and Champlain Housing Trust on 4/17/07 with a Community Achievement Award.  Mr. Billado is expected to attend the ceremony.

·        Driveway cut request of Marka Cheney for Church Road – The Selectboard signed the request.

·        4/3/07 Letter to Russell Velander of VTrans – Sherry Holbrook signed the letter advising that the Town’s Highway Department will be paving 1 mile each of County Road and Bushey Road.

·        Verizon Request to erect two utility poles on Pond Road – The Selectboard signed the forms.  It was noted that the poles are near the Ivan Charbonneau quarry.  In discussion about same, Mr. Garrett noted that Mr. Charbonneau needs to oversee a ditch clean-out effort at the site so that fresh dirt at the lower side of the driveway does not wash down and ultimately pollute the Lake.  Mr. Thompson will call Mr. Charbonneau about the potential sediment issue at the site on 4/4/07.  The quarry is due to open by mid-April according to its Conditional Use permit.

·        Invitation to Northwest Regional Planning Commission annual dinner – 4/25/07 – reviewed.  The Selectboard expect to attend.

·        Dog Warrant Warning – Published 4/2/07 in the St. Albans Messenger.  Mr. Thompson advised that the warning had been published for this year.  The warning alerts dog owners that the Town may go after any unlicensed dogs and spells out the consequences of fees and impoundment.

·        Listers have applied to the State’s Department of Taxes for a recalculation of the Town’s Grand List given the reappraisal, Mr. Thompson advised.

·        Missisquoi National Wildlife Refuge – Review of compiled comprehensive environmental assessment, which is also on CD.  Mr. Thompson said it was “good reading” and that the agency could account for the source of every acre of their 6,500 total acreage in Swanton, purchased since 1942.   

7.   PUBLIC COMMENT – No comment. 

8.   MINUTES OF 3/12/07 AND 3/20/07 SELECTBOARD MEETING.   Mr. Billado moved that the Selectboard approve the minutes for the periods shown as recorded.  Mrs. Holbrook seconded the motion with it carried unanimously. 

9.         OTHER NECESSARY BUSINESS. 

·        Mr. Garrett suggested to Sherry Holbrook that she and Terry Hakey set up meetings to alert land-owners along County Road that the Town will be doing roadwork (extending and paving the road) between St. Albans to Janes Road, so not to plant close to the road this year.  It is expected that the Town will be paving one mile along County Road.  Mrs. Holbrook suggested putting a notice in the St. Albans Messenger.  Mr. Hakey can also give people a courtesy call, she said.

·        Mr. Garrett suggested that Road Commissioner Mrs. Holbrook have the Road crew send a truck with a back hoe around to no-grass areas where rocks hit the Town’s mower.  Mower damage was $4K last year and the Town would like to avoid repair costs this year if a clean sweep could be made beforehand.

·        Mr. Billado reported an inordinate amount of stone-scatter affecting traffic and aesthetics at various intersections, notably at Woods Hill and also at Robin Hood Drive/Short Street.  Mrs. Holbrook feels that overloaded SLC trucks are the source.  She will notify the road crew to address the matter.

·        Mr. Billado observed that many Town road signs and STOP signs are not erect after a record cold season.  Mrs. Holbrook replied that it was just due to frost and that the town’s road crew would take care to strengthen the signs.

·        Mr. Garrett requested that Woods Hill and County Roads (both Class 2 roads) be re-opened to truck-traffic.  The roads are among those seasonally closed due to traffic hazards posed by potential mud slicks.  It was noted that heavy agricultural traffic can ironically traverse the roads, but the policy has unintentionally “land-locked” the Town from allowing business-related truck traffic easier access to both the Northeast Kingdom (out Woods Hill to Rte. 105) and to St. Albans (out County Road).  Mr. Billado moved that the discussed signs on Woods Hill Road and County Road be removed to allow truck traffic; seconded by Mrs. Holbrook and carried unanimously.  Mrs. Holbrook will instruct the road crew to have the signs removed.  It was uncertain whether Sheldon would reply in kind along its stretch of Woods Hill Road; but Swanton selectmen opined that trucks pursuing the route all the way out “would just have to take their chances.”

·        Mrs. Holbrook noted that she would have road foreman Terry Hakey check out and order a culvert sufficient for work need sited at Waugh Farm Road.

·        Mr. Garrett expressed his “pet peeve” with culvert extensions given to a too-narrow culvert (5-foot) on Hazard Road.  He said he would like 10-foot sections (20 feet altogether) put in because it’s a Class 4 road and the Town can do it now.  The other Selectboard members complied with the idea.

·        Mr. Billado requested that as the Town looks to purchase a new excavator, that the road foreman order two new doors and a hood for the backhoe so it can be painted.  The town’s backhoe is a 1999 model and is now rotting a bit so it needs the paint.  It is expected the equipment will be sent out to be painted as Mr. Billado reminded the selectmen that open-air or on-site painting at either the Town or former State garage sites would be illegal.  Mr. Garrett requested that new decals be ordered for the equipment as well.

·        Mr. Billado suggested that Road Commissioner Mrs. Holbrook look at the former State building with a view for its aesthetics – it needs vinyl siding, he said, as well as noting various of its signs are in disrepair. Mr. Billado advised that when Swanton Town gets its new tandem truck, there would have to be extra bays added to the garage as well.

·        FLEET Permits.            Road Commissioner & Selectman Sharon Holbrook signed off on the following FLEET permit applications:

                  McNall & Son, Inc. – 1 veh

                  Harrison Redi-Mix Corp. – List provided

                  Irick Excavating, LLC – 2 vehs

                  Gauthier Trucking Co. – List provided

                  Barrett’s Tree Service, Inc. – 4 vehs

                  Merritt Vantine – 1 veh

                  Cain Transport – 1 veh

                  Mark Paradee – 1 veh

                  Ronnie M. Wells – 1 veh

                  Rice Lumber Co., Inc.  – List provided

                  David Spaulding – 1 veh

                  A. Marcelino & Co., Inc. – 4 vehs

                  L.W. Young Excavating, Inc. – 2 vehs

                  Norman Snider – 1 veh

                  Chevalier Drilling Co., Inc. – 3 vehs

                  Harrison Concrete Construction – 6 vehs

·        Liquor License.  Selectboard members signed off their approval on a renewed liquor license for Hog Island Market. 

10.  EXECUTIVE SESSION – REAL ESTATE AND PERSONNEL.            Mr. Billado moved that the Selectboard enter Executive Session to discuss real estate and personnel issues.  Mrs. Holbrook seconded the motion, with it carried unanimously.  The Selectboard entered Executive Session at 8:12 p.m. 

            Mr. Billado moved that the Selectboard exit Executive Session.  Mrs. Holbrook seconded the motion with it carried unanimously.  The Selectboard exited Executive Session at 8:35 p.m. 

            Results: (1) The Town shall encourage Sherry Dumont to proceed with her plan to quiet the title of a town-owned .22-acre piece off Waugh Farm Road as an optionee in the name of the Town.  If Ms. Dumont experiences success in quieting the title through Superior Court, then the Town will quit-claim the .22 parcel to her.

                                    (2)  The Selectboard discussed eliminating one highway road crewman position to take effect 5/1/07.  Mrs. Holbrook is handling it. 

11.       ADJOURN.   Mr. Billado moved that the Selectboard adjourn its meeting, seconded by Mrs. Holbrook and carried unanimously.  There being no further business at hand, Chairman Garrett adjourned the meeting at 8:37 p.m. 

Typed on April 4, 2007

Minutes by Leigh Smith

Received and filed by:

______________________________________     ___________________________

Doris H. Raleigh, Town Clerk                                       Date 

MINUTES

SWANTON SELECTBOARD MEETING

SWANTON TOWN OFFICE

                          SWANTON, VERMONT
                                   TUESDAY, MARCH 20, 2007

7:00 P.M.

Present:  Harold Garrett, Chairman; Sherry Holbrook, Selectman; Daniel Billado, Vice Chairman; Richard Thompson, Town Administrator; Doris Raleigh, Town Clerk; Leigh Smith, Recording Secretary; Steve Scoughton – Channel 16.

Purpose:  Agenda as warned:  1) Highway Orders; 2) General Orders; 3) Private Roads – Stanley Lane & River Woods Way; 4)  Fadden Road – Wetlands Delineation; 5) Execute VCDP – Champlain Housing Trust Grant Agreement; 6) Execute VCDP – FCIDC Grant Close Out Agreement; 7) Personnel – Executive Session; 8) Public Comment; 9) Correspondence; 10) Any Other Necessary Business; 11) Approve Minutes of 2/20/07 & 2/26/07 Meetings.

     Selectboard Chairman Harold Garrett called the meeting to order at 7:02 p.m.  He thanked Channel 16 viewers who voted in the March 6^th Town Meeting, and expressed his gratitude upon his re-election.

1.  Highway Orders – 2/21/07 – 3/20/07.              Mr. Billado moved that the Selectboard approve the highway orders for the period shown, seconded by Mrs. Holbrook and carried unanimously.

2.  General Orders – 2/21/07-3/20/07.      Mrs. Holbrook moved that the Selectboard approve the general orders for the period shown, seconded by Mr. Billado and carried unanimously.

3.  Economic Development – 2/21/07-3/20/07.      It was noted that the Hungerford Brook-related expenses would be reimbursed, and that the Landworks Planning Grant item had already been reimbursed.  Mr. Billado moved that the Selectboard approve the economic development orders for the period shown, seconded by Mrs. Holbrook and carried unanimously.

4.  Payroll – 2/21/07-3/20/07.       Mr. Billado moved to accept the payroll orders for the period shown, seconded by Mrs. Holbrook and unanimously carried.

5.  Selectboard Salaries – Discussion concerning.  The Town Clerk clarified that, as in the past, whatever was put in the budget is what the Selectboard gets paid.

6.  Timeclock at Town Garage – Discussion concerning.  Delivery has been delayed.  The Selectboard have asked the Town Clerk to have the sales representative return to the Town in response to heightened complication concerning the equipment’s arrival and installation.

7.  Town Dog Rabies Clinic – will be Saturday, March 24, from 10 a.m. to Noon at the Village fire station. 

8.  Town Directory – Mr. Garrett asked that updated copies be available to the public at the town clerk counter, and mailed separately to the Selectboard.

9.  Town Phonebook Listings – It was noted that Verizon finally printed the Town and Village staff listings correctly in this year’s phone books, after errors spanning two years.

10.  Town Clerk – Vacation.  It was noted that Doris Raleigh and Assistant Gail Bevins would both be on vacation through next week in the Dominican Republic.  They shall return on April 4^th.

11.            Private Roads – Stanley Lane and River Woods Way.  Mr. Thompson advised that he had talked to Brian Savage so the Trustees would not be opposed to the roadway (River Woods Way) name in the Village.  The Selectboard typically approves names because of the Town’s responsibility for networking with E-911.  Stanley Lane is a two-lot development off Bushey Road.  River Woods Way accesses two lots housing Attorney Ned Spear’s new office off Church Street.  Mr. Billado moved that the selectboard accept the private road names as provided.  Mrs. Holbrook seconded the motion with it carried unanimously. 

12.            Fadden Road – Wetlands Delineation.  Review of the 2/19/07 Wetlands Delineation report for Fadden Road, as supplied by Peter Spear of Natural Resource Consulting Services.  Mr. Spear concludes that given the proposed road width of 24 feet, and the impact being under 3,000 square feet (2,830 SF), the project should not require a permit.  Mr. Thompson advised that Mike Adams of the Army Corps of Engineers and Amy Norris, Wetlands Specialist for the State of Vermont, would make a site visit on Friday, 4/20/07 at 11:00 a.m., at which time it is hoped they shall agree with Mr. Spear’s assessment.  Mr. Billado queried Mr. Spear’s reference to New Hampshire statutes within the latter’s report to Swanton.  Mr. Thompson explained that it was likely a benign error caused by relying on a previous template.   Discussion of the Conditional Use Determination Permit, which Mr. Thompson believes is good for two years.

13.            Swanton Hill Road.    Mr. Thompson advised that regulatory agents visiting the Fadden Road site (see above, 12.), would also be visiting the prospective Swanton Hill Road project area on 4/20/07.  He said Chris Burnell, the State’s Stream Authorization Manager, would also be present.  The Town does have its Conditional Use Determination permit for the anticipated road and box culvert work at the site (received 3/14/07).  Mr. Garrett estimated a $155,000 bid for the project, toward which the Town is obligated to pay a 10% match in labor and/or trucking and material.  Randy Reed of VTrans has advised the Town that the State can now only provide $125,000 and is seeking that Swanton contribute an additional $13,000.  Mr. Garrett feels that Mr. Reed should have told the Town months ago about this development.  Mr. Reed is allegedly going to still try to solicit the $13,000 from the State.  Swanton has a 2007 budget figure of $15,000 toward this project.  Discussion oriented toward Swanton’s willingness to temporarily “loan” the State the excess $13,000 if the State would formally provide promise of reimbursement in writing to the Town.  Selectmen were favorable to this approach. Mr. Garrett queried why such an expensive cement box culvert was needed for the site when there does not appear to be sufficient traffic to warrant it.  Mr. Thompson advised the selectboard again of the Town-held maintenance conditions required in the C.U. determination.  The area is known to host Class 2 Wetlands.

14.            Striping Class 2 Roads. Mr. Thompson advised of a letter from Russ Relander of the State AOT concerning striping for all Class 2 roadways in the Town.  He requires a list of roads needing striping soon.  Mr. Garrett said the Town would provide a list in response.

15.                        Execute VCDP – Champlain Housing Trust Grant Agreement (Rehab

Loan Fund).   Both South Burlington and Swanton hold roles of co-grantee in the renewed loan fund grant now extended to Chittenden County along with its former targets of Franklin & Grand Isle Counties (along with the Town of Westford).  Mr. Billado moved that the selectboard authorize Richard Thompson as co-signee with South Burlington’s on behalf of the Town for the consortium contract, and subsequent documents, as discussed and laid forth this evening.  Mrs. Holbrook seconded the motion, which was carried unanimously.

16.            Execute VCDP – FCIDC Grant Close Out Agreement.  The FCIDC grant close-out agreement was presented in anticipation of the close-out public hearing to be held at the next regular selectboard meeting on Tuesday, April 3, 2007.  Maureen Connolly has the documentation confirming warning of the public hearing.  It was noted that because the venture did not create the jobs it had expected to, the grant had to be converted to a loan mid-process.  Mr. Garrett signed the close out agreement documentation on behalf of the selectboard, sharing sign-off with Commissioner John Hall.

17.            Hungerford Brook Grant – Economic Development orders.  Mr. Garrett signed the final payments closing out the grant for the Town to be reimbursed.  These included $2956 to Carmi Consulting and $2298.18 to Northwest Regional Planning.

18.            Northwest Regional Planning List of Officials.      Mr. Garrett signed off on behalf of the Town to a list supplying NRPC with contact information of Town and Village officials and staff requested by NRPC.

19.                        Public Comment – None. 

20.                        Correspondence.

·        Card from Mark Sweeney of the Missisquoi National Wildlife Refuge thanking the Town for coverage in the recent Town Report.  (The refuge was featured in a cover photo.)  Mr. Thompson reflected on a past trip to the Refuge.  He will inquire about a potential trip that selectboard members and Town staff could participate in, if Mr. Sweeney is willing.

·        Letter from former selectman Leonard Dubois thanking the Town for dedicating the Town Report to him and remembering his years of service.

·        Governor Douglas – Schedule for April 11^th visit to Swanton industries reviewed.

·        Article Favorability Rating – 2007 based on “Yes” Votes, with FC Home Health, CV Agency on Aging, and MV Rescue receiving top votes.

·        Swanton Hill Project – Consultant Greg Pierce has sent a letter to the Town noting a $1,025 close-out fee, with any further work to incur more charges.  Army Corps of Engineers Mike Adams has said he has all he needs for the scope of the project.  The Town does not anticipate that Mr.  Pierce will be needed to review the site with Mr. Adams.  Mr. Thompson said in his response to Mr. Pierce, he had not pledged that the Town would pay anything in addition to what was originally budgeted for his work.   Mr. Thompson will contact Mr. Pierce again to advise that the Town is now in discussion with Mike Adams,  and that if there are any questions on the latter’s part, Swanton will agree to fund a follow-up phone call -- but nothing more elaborate is expected or desired at this point.

·        Country Club Estates – Orphan Stormwater Permit.   Swanton has been awarded a grant of approximately $2500 for stormwater mitigation at Country Club Estates, the only area so affected in the Town.  The Selectboard signed a letter dated 3/14/07 to Jim Pease of Vermont’s Agency of Natural Resources noting that Swanton will submit an “administratively and technically complete” stormwater permit within two years of being awarded an Orphan Stormwater Systems Financial Assistance Grant.

·        Property Valuation and Review – Final Reconciliation of April 1, 2006 Grand List dated 3/9/07 from William Johnson, Director.  Figures presented for Swanton: Homestead Education, Non-Residential Education, and Total Education Property values, with the total EPV including a cable value.  Selectmen queried why the total appeared not to be the sum of homestead and non-residential, and asked for clarification to be sent to them along with a comparison of last year’s figures.

·        Local Government Day 2007 – Mr. Thompson said that due to the bad storm on 2/14/07, only 22 people showed up at the Statehouse.  Since he was not able to go, he e-mailed testimony to be considered on behalf of the Town, including issues of local control (Home Rule v. Dillon’s Rule), property tax abatement matters, and quorums.  His language was considered so articulate in the matter of Home Rule, that he was solicited to send a letter of input on the issue directly to Senator Jeannette White for further review by the Senate Government Operations Committee this legislative season.

·        State Police Reports – Lt. Robert Evans has provided a monthly summary (February 2007) for Swanton, and the last two weeks’ summaries for Franklin County.

·        Better Back Roads Grant – is available, but with application due in by 3/30/07, Mr. Thompson advised.  (He will be out on medical leave until at least 4/2/07.)  The grant is for only $4,000.  Mrs. Holbrook felt that perhaps a grant like this could apply to a potential culvert replacement sorely needed, in her opinion, at the bottom of the hill on Waugh Farm Road.

·        Review of letter from LVRR’s Director of Operations Sam Lewis to VAST regarding ground-rules for members’ access of LVRR trail.

·        Non-Binding Referendum to Lower Speed Limit from 40 mph along Rte. 78 at MVU, was passed on Town Meeting Day.  Mr. Thompson presented pictures he had taken of students walking in the roadway during daylight traffic hours.  The selectboard discussed the acceptable manner in which to bring the referendum forward to the state.  Mr. Garrett suggested that results be sent to the Secretary of Transportation along with the pictures.  Mr. Garrett and Mr. Thompson disagreed about whether AOT’s Rob Hall should be cc’ed in the process.  Mr. Thompson will draft a letter for the Selectboard to sign, requesting that if the speed is not lowered, the state should install sidewalks along the busy route.  Mr. Billado said he would like to see sidewalks even if the speed limit is lowered in the area.  Mr. Garrett raised that a sidewalk was going to be installed in St. Albans under Route 207 at the Exit 20 development.  The chairman said he couldn’t remember seeing where a two-lane highway that coursed in front of a school featured a 40 mph limit.  He said he would like the Secretary of Transportation to provide evidence to the selectboard of areas where such a speed limit is elsewhere in the state under school proximity conditions. 

·        Solid Waste Implementation Plan.         Mr. Thompson advised that all towns outside of the district affected by recent developments would meet at the selectboard meeting on April 17, 2007 at the Swanton Town office.  Mr. Rose of NRPC has asked if representatives from the Agency of Natural Resources and from the Solid Waste District would come.  Four independent towns are due to be represented, and it shall be televised by Channel 16.

·        Lamoille Valley Rail Trail Advisory Committee is coming together under the lead of Bill Rose at NRPC.  They are looking for a municipal representative from Swanton.   Given Mr. Thompson’s willingness, Mrs. Holbrook moved that the selectboard appoint Dick Thompson as its municipal representative for the proposed advisory committee.  The move was seconded by Mr. Billado and carried unanimously.

·        Missisquoi National Wildlife Refuge – Proposed Comprehensive Conservation Plan is set for presentation to the public at the Refuge’s headquarters on Tabor Road on Saturday, March 31, 2007 from 1-4:30 p.m.

·        Medical leave for Mr. Thompson shall begin tomorrow, March 21, 2007 and extend until at least April 2, 2007.  All wish him well with the upcoming surgery and the selectboard encouraged him to take what time he needed for full recuperation.

·        FLEET Permits:  Mr. Garrett signed of on behalf of the Town to the following applications from:

John G. French & Sons Trucking, Inc. – 4 vehs

Camp Pre-case Concrete Products, Inc. – 8 vehs

G.W. Tatro Construction, Inc. – 3 vehs

Feed Commodities Int’l Inc. – 1 veh

K&S Trucking, LLC – 1 veh

Larry Gregoire – 1 veh 2/ trailer

Donald E. Lavalley – 1

Dan Menard Concrete Construction, Inc. – 1 veh

Vaillancourt Transport, LLC – List provided

Puglise Excavating – 2 vehs

·        Liquor Licenses – The Selectboard signed off on license applications from the following:

Fore Nonnie Catering, Inc. 

Swanton House of Pizza 

-         Department of Housing & Community Affairs – Mr. Thompson advised that the last Lake Champlain Housing grant had closed.  Paperwork is accordingly being sent to Carl Bohlen.

-         North Country ATV Association certificate – expressing thanks to the selectboard for cooperation with the organization.

 -         Selectboard Institute for new selectboard members, on 3/31/07.  Registration is due by 3/23/07.

 -         VLCT is willing to do on-site trainings if requested by towns or groups of towns.

 -         Employment Change & Impact to Local Government – no interest shown in an upcoming program.

 21.       Other Necessary Business.

 a)                  Mr. Garrett asked about participation at the first hearing for the alignment of the growth center at Exit 20; the hearing is due to be in early April, at NRPC on Lake Street in St. Albans.  The chairman explained that he plans to attend.

b)                  Discussion of State Police/Municipal Representatives Dinner.  There is a dinner set for select chairmen and advisory committee board members only sometime in April (unknown at this meeting).

             c)                  A public forum is anticipated to be held via live broadcast from the new St. Albans police barracks in June
                         or July when the barracks in completed.  Kathy Lavoie and Dick Thompson already plan to attend.

d)                  Discussion of holding a live feed public informational meeting following the reappraisal process by APAS in Swanton.  It is hoped that APAS reps could, with the town, preview what property owners have in store, and explain what is taking place.  Sometime following a live-feed meeting, local talk show host Paul Beaudry is planning to air a call-in show to consider Swanton residents’ remaining general questions.

 22.       Minutes of 2/20/07 & 2/26/07 Selectboard Meetings & Informational Meeting.  Mrs. Holbrook moved that the selectboard approve the minutes from the above-cited dates as recorded.  Mr. Billado seconded the motion with it carried unanimously.

 23.       Week Interval between Informational Meeting & Town Meeting.  The selectboard reflected with Mr. Thompson on the transition from an overnight to a week-long period for the public to digest information.  There were no complaints, and response has been positive.  Mrs. Holbrook said she would like to see the Village vote take place at the same time for the convenience of voters.

 24.       Pager for Road Commissioner Sherry Holbrook.    At the selectboard’s behest, Mr. Thompson shall order a pager for Mrs. Holbrook to have in her new capacity as Road Commissioner.

 25.       Executive Session – Personnel.  Mr. Billado moved that the Selectboard enter Executive Session to discuss personnel matters.  Mrs. Holbrook seconded the motion with it carried unanimously.  The selectboard moved into Executive Session at 8:25 p.m.

            Mrs. Holbrook moved that the Selectboard exit Executive Session, seconded by Mr. Billado and carried unanimously.  The selectboard exited Executive Session at 9:30 p.m. 

            Results:  None of record.

26.       Adjourn.           Mrs. Holbrook moved that the selectboard adjourn its meeting, seconded by Mr. Billado and carried unanimously.  There being no further business at hand, Chairman Garrett adjourned the meeting at 9:32 p.m.

Typed on March 22, 2007

Minutes by Leigh Smith

Received and filed by:  

______________________________________     ___________________________

Doris H. Raleigh, Town Clerk                                       Date 

Minutes

Swanton Town Special Selectboard Meeting

Swanton Town 2007 Informational Meeting

Swanton Village Complex

120 First St., Swanton, VT

Monday, February 26, 2007

7:00 p.m.

Purpose:  Special meeting of the Town of Swanton Selectboard for the purpose of the 2007 public Informational Meeting before Town Meeting Day (3/6/07).

Present: 

            Selectboard:   Harold Garrett, Chairman; Sherry Holbrook, Vice Chairman; Daniel Billado, Selectman

            Doris Raleigh, Town Clerk

            Dick Thompson, Town Administrator

            Leigh Smith, Recording Secretary

            School District:  Swanton School Directors:  Roy Eckler, Chairman; Corinne Bonnette, Lisa Gorton, Rod Russin, Don Collins; Jack McCarthy, Superintendent – FNWSU; Becky Hart, Business Manager, FNWSU; Martin Waldron, Principal – Swanton Elementary; Julie Benay, Associate Principal, Swanton Elementary

            Clifford Smith, Channel 16 (Live broadcast).

            Selectboard chairman Harold Garrett called the meeting to order at 7:03 p.m.

1.         Mr. Garrett read the 2007 Annual Meeting warning including its list of 30 Articles.

2.         The Pledge of Allegiance was observed.

3.         Swanton School District – FY 2008 Budget Presentation.

            A)        Swanton School Board Chairman, Roy Eckler, announced the planned departure of Principal Martin Waldron by end of season.  He noted the progress of meetings in seeking a replacement principal, and in preparing the FY08 Budget which features an increase of 3.03% and a three (3)-year bond article.

            Mr. Waldron and Mrs. Benay jointly presented a Powerpoint presentation in support of the budget, whose hard copy is attached and summarized under these headings:  Overarching Goals; FY07 Goals, with focus on Pilot programs in math and literacy and curriculum mapping; FY08 Goals, including a five (5)-years Facilities Plan; Staffing & Program Changes, including addition of a Special Educator position and more para-educators; Staffing, detailing professional and support staff changes between FY07 and FY08; Proposed Class Configurations, noting a high enrollment of 605 to current 591 enrollment over this year.  The mean class sizes are between 22-16; Facilities Needs – Health, Safety & Repair – supporting a 3-year bond request for the most pressing needs, including replacement of the Babcock school boilers, electrical, roof, phone, A/C and quality of access; Bond Issue Language; Budget Factors noting health insurance increase in premiums to 12% & 14% respectively for paras and teachers, respectively; Swanton Tax Rate – Implications, noting previous conversation with Selectboard.  The State dictates how the School District may direct its spending.  Per-pupil spending includes Swanton & MVU pupils.  Times based Homestead tax noted at per $.90/$100, not “/$1000”.  Breakdown of Tax Increase considering Act 68 Variables, CLA Changes, Assessments at Swanton and MVU, with a net increase of 7.2 cents ($0.0720); Franklin County Comparisons.  Mr. Waldron said that once Swanton has been fully reappraised, residents may expect the tax rate to drop down to the appraised rate; Budget Bottom Line: $209,661 – up 3.03%.

            B)        Q&A – School District – FY08 Budget.

            Warren Fournier asked why substitute teachers are increased within the budget.  Mr. Waldron said they have been raised to reflect the actual history, given various maternity leaves and health problems among staffers.  State Senator Don Collins, who is one of the School Directors, confirmed that Swanton has increased its substitute teacher rate as well. 

            Mr. Fournier also queried the proposed $2.418 estimated 2007-08 Non-Residential Tax Rate featured on a blue handout entitled “Example: Five Taxpayers in Swanton” which is also included as part of these minutes.  Superintendent Jack McCarthy stressed that the rate is currently just an estimate.  Sen. Collins said the rate should be lowered as a result of recent Ways & Means decision now working its way through the state legislature.  Mr. Fournier complained about the impact of such a rate on businesses.

            Sen. Collins addressed the bond matter, defending the school board’s decision as “a good investment,” and a “pro-active stance” to ward off health and safety matters before they become actual concerns.

            Al Kinzinger queried the connection between a 5-year Facilities Plan and a 3-year Bond request.  The 3-year bond will fall within the 5 years and tackle the largest cost priorities.  Other recommendations will play out through the 5-year plan.  Sen. Collins predicted that 3-year plans may keep emerging.

            Mr. Waldron said he has talked with Efficiency Vermont, and that agency as agreed to review the school’s specifications and bids.

            Mr. Fournier asked if the school board had received any estimated bids yet?  The school board has not solicited any bids yet, but they have estimates of projects; anything over $15,000 has to be put out formally, Mr. Waldron said.  The board feels confident with what they’ve received so far.

            Neal Speer asked about the nature of the Central School’s roof matter.  Mr. Waldron said it’s not the metal roof that is the problem, but the ridge vent in connection with a low pitch that creates water problems with high winds and/or snow accumulation.  It also has the potential for mold growth.  The school has had to replace tiles and needs to stop that process, he said.  He was asked if it is a design flaw.  – It’s become a flaw, he said, but he doesn’t know if anything could be recouped from the designer.

            Ron Kilburn addressed the SCOPE program, and asked if there were any initiatives to reduce that figure.  Mrs. Benay said the school board wants it to be part of the imbedded program for character education in the Swanton schools.  Large events are harder to coordinate successfully and need funding, she said.  They feel they’ve accomplished other goals with SCOPE.

4.         Town of Swanton – 2007 Budget Presentation.

            Mr. Garrett introduced his fellow selectboard members who are both new since March 2006:  Sharon Holbrook (elected March 2006) and Daniel Billado (elected May 2006 to replace Leonard Dubois, who resigned due to health reasons).

            A)        Mr. Garrett presented the following Powerpoint discussion the following: 2006 in Review: Economic development during the past year with the following:  Via Cheese, Biocardel, Tractor Supply, New Traffic Patterns & Signals – Route 78; New Dunkin’ Donuts; Growth Center & Mixed Use District; Property Reappraisals; Missisquoi Bay Bridge; Challenges/Opportunities – 2007 & Beyond:  Road Resurfacing & Highway Maintenance Costs; Rising Cost of Health Care; Equipment Purchases; Infrastructure Costs for Park ‘D’; Town Garage; Sand/Salt Shed; Property Assessments; Solid Waste Costs; How You Voted in 2006; 2007 Budget Review; General; Property Assessments; Health Insurance; Tax Appeals; Property & Liability Insurance; Town Office Complex Maintenance; Property Reappraisal – Final Payment; Cemetery Maintenance; Library Repair; Highway: Salaries; Health Insurance; Property & Liability Insurance; Road Resurfacing; Equipment Rental/Purchase; Bridge & Culvert Brant; Your 2007 Taxes.

            B)        Q&A – General.           Warren Fournier questioned the 15.38% meeting/mileage increase, and was told it includes mileage, education and registration fees for all staff and boards, and was a product of history.  Mr. Fournier questioned the figure for Town Office Maintenance & Plowing.  Mr. Garrett conceded that “Plowing” should not be part of that line and it shall accordingly be removed in future years.  The maintenance cost includes resurfacing of the Town lot, and painting of new lines, to prevent disrepair.  The Town road crew does plow the Town’s own lot.

            C)        Q&A – Highway.         Warren Fournier asked about the Lakewood Drive/Champlain Street project of Summer 2006, whether it had experienced a surplus or overrun?  Mr. Garrett replied that the Town had budgeted $40K for the project and spent $39,054. 

            Mr. Garrett explained that the Town was going to pay off its dump truck with sinking fund money to hasten payments and limit interest fees.

             The selectboard chairman reviewed the impact of projected 2007 taxes.  Anticipated under General Receipts is a projected rate of .1799 (page 19 of the 2006 Town Report), anticipated under Highway Receipts is a projected rate of .5349 (page 21 of the same Report).  Mr. Garrett said that currently Highway expenses are “living off the General” fund.

             Mr. Fournier asked about delinquent taxes, noting a lot of people listed do not appear to be on a “loan basis.”  A sum of $27,915 in interest collected, he said, tells him the “community is in hardship.”  Delinquent tax collector Betty Cheney was present and commented on factors affecting some people’s ability to pay; the majority are good in making plans to make payments, she said.  There are some tax sales pending.

              Mr. Fournier asked about making tax payment collections on a more frequent basis than annually.  Town Clerk Doris Raleigh said that the July 2^nd education tax will come directly to the Swanton Town Clerk’s office for immediate application to pay down tax bills.  Mrs. Raleigh said that anyone can pay on their tax bills anytime during the year.  Mr. Fournier said he would like two-part payments or four-part payments.  He said it should be shown and facilitated on paper in the manner that St. Albans Town now operates. 

            He asked about the organization Friends of Missisquoi Bay.  The group’s spokesman, Paul Madden, was present from Sheldon.  He said the Friends of Missisquoi Bay had been operational over the last three to four years.  They function to address toxic matters in the Bay such as blue green algae, a matter that is not only bad for wildlife but business and campers.  Property values have been dropping as a consequence, he said.  Citizens of Alburgh, Swanton, and Highgate have all been tapped to help clean up Lake Champlain.  If appropriated, Swanton’s $2,000 would go to the group’s efforts.  Mr. Fournier said that the Missisquoi Bay Bridge would have been built years ago but that the steering committee had been concerned about the lake quality.  “We don’t need any more tests,” he exclaimed repeatedly.  He noted that 330 cubic yards of fill would be taken out of the Swanton side, he is trying to coordinate with Cianbro to get the fill for Swanton.  He noted that the Alburgh side of the current causeway shall be black-topped with no pedestrian access, but allowance for the threatened Spiny Softshell Turtles.  Swanton’s side shall remain black-topped but with an access for fishing.  He raised the turtle study process.  He said that there would be a public comment period in April 2007.  Mr. Madden encouraged Swanton voters to tell Fish & Game about “what they think of the turtles.”  Fish & Game knows people’s opinions, Mr. Fournier replied.  He doesn’t want to see any further duplication of test efforts.  Mr. Madden said that water coming into the Bay needs to be cleaned, that 80% of the pollution problem is agriculturally-based.  Friends of Missisquoi Bay is trying to get grants to cover loans to remedy the problems, realizing that area farmers can’t foot the bill.  (The group hopes to collect $6,000 -- $2,000 from each of the three towns listed previously.)

             Mr. Garrett highlighted the Franklin County Sheriff’s and State Police activity on behalf of the Town.  State Trooper Lamothe was present from the State Police and offered brochures prepared by State Police Lt. Rob Evans summarizing police services; Lt. Evans shall likewise be present at Swanton’s Town Meeting Day.  It is the first time the district State Police has been fully staffed, Trooper Lamothe said.  Sandy Kilburn asked about police coverage for Swanton Village when SVPD officers are off-duty.  Typically SVPD is paged even when off-duty, but State Police may then come in if needed.  It was noted that State Police must cover for 19 other towns as well.  Mr. Garrett commended the fast response from police personnel following the MVU incident in Fall 2006.

            Warren Fournier asked about the rationale of reducing the speed limit from 40 mph to 30 mph at MVU.  He suggested that a flashing speed light be posted instead, such as is on Grand Avenue near the Elementary School.  Mr. Billado stressed it is a non-binding referendum article for voters to decide.  Mr. Garrett shared that “it all boils down to money.”  The select chair described the State Agency of Transportation’s opposition to a proposed access to the Town Industrial Park D off of Rte. 78 because of current speed and distance limitations for a road cut.  The lowered speed may boost Swanton’s eligibility to access from where it wants rather than being forced to enter off Waugh Farm Road and expend thousands more dollars in excavation.  It was noted that Highgate does not have the MVU speed limit matter on their ballot this year.  Village Trustee Brian Savage said the change in speed limit there should be nothing new to Swanton residents.  He said nearly 15 years ago, the speed limit had changed from 50 mph following a fatal accident near the site.  The Joint Legislative Body at the time had asked for 30 mph following the accident, and the State had allowed a compromise to only 40 mph.  So the Town has not only a pecuniary incentive but safety factors in mind, he said.  Mr. Garrett warned that often children are walking “three abreast” to and from the school and the Town area. 

            Mrs. Kilburn commended voters for approving Franklin County Home Health’s appropriation over the years.  She said their appropriation request had remained the same for the last ten years, and that they had made 14,640 visits during the last year.

5.         Candidate Comments.  All Town candidates are running unopposed.  Those present included Selectman Harold Garrett, Trustee of Public Money Brian Savage, and Collector of Delinquent Taxes Betty Cheney.  It was noted that the new Delinquent Tax Collector Office is across from the Town Office at Attorney Ned Spear’s new office on Church Street.

6.         Swanton Trustee candidate Armand Messier commended Channel 16 for running a live broadcast of the informational meeting, saying it would greatly help shut-ins.

7.         Mr. Garrett described the selectboard’s rationale in holding the informational meeting one week earlier than usual, so that voters would have over a week to decide on the issues.  He thanked the Town’s employees and fellow elected officials for their dedication.

8.         Adjourn.    Mr. Billado moved that the Selectboard adjourn its meeting, seconded by Mrs. Holbrook and carried unanimously.  There being no further business at hand, Mr. Garrett adjourned the selectboard special meeting (public informational meeting) at 9:13 p.m.

Typed on February 28, 2007

Minutes by Leigh Smith

Received and filed by:

________________________________     ______________________________

Doris H. Raleigh, Town Clerk                           Date

Cc:       Enclosures:  Swanton Elementary FY08 Presentation; Example: Five Taxpayers

MINUTES

TUESDAY, FEBRUARY 20, 2007

TOWN OF SWANTON SELECTBOARD  MEETING

SWANTON TOWN OFFICE

ONE ACADEMY STREET

                        SWANTON, VT

                       7:00 P.M.

Purpose:   Regular-scheduled meeting of the Swanton Selectboard for the month of February 2007.

Present:    Harold Garrett, Chairman; Sharon Holbrook, Vice Chairman; Daniel Billado, Selectman; Richard Thompson, Town Administrator; Gail Bevins, Assistant Town Clerk; Leigh Smith, Recording Secretary; Steve Scoughton – Channel 16; Roy Eckler – Swanton School Board; Martin Waldron, Principal – Swanton Elementary; Julie Benay, Associate Principal – Swanton Elementary; Becky Hart, Business Manager – Franklin Northwest Supervisory Union.

            Selectboard Chairman Harold Garrett called the meeting to order at 7:04 p.m.

1.         HIGHWAY ORDERS – 1/17/07-2/20/07.        Mr. Billado moved to accept the highway orders for the period shown as printed.  Mrs. Holbrook seconded the motion with it carried unanimously.

2.         GENERAL ORDERS – 1/17/07-2/20/07.       Mr. Thompson reported on the Town reappraisal status.  He said it is in its final stages, that appraisers are revisiting the properties with “drive-by’s” , and that the project is on schedule for June 30, 2007 now (rather than April 1).  The listers have applied for an extension to allow for a reasonable response period for any tax appeals given the later release of tax notices.  Mr. Thompson said that the appraisal company the town is working with has allegedly handled matters so professionally in the past that for another community under reappraisal, there were less than ten appeals to that community’s BCA following the work.  Mr. Garrett said he feels nervous about the later completion date, and wants to know what the contract date reads.  If it notes April 1 as a complete date, he wants to talk to the reappraisal team.  He said taxpayers are anxious to know what they will have to pay following the reappraisal.  He suggested the matter be pursued with the team if necessary at the first April selectboard meeting.  Mr. Thompson said that the Selectmen’s Report itself notes that taxes will be published at the end of June, so things should be safe. 

            Mrs. Holbrook moved to approve the general orders for the period shown as printed.  Mr. Billado seconded the motion with it carried unanimously.

3.         ECONOMIC DEVELOPMENT FUND – 1/17/07-2/20/07.      Mr. Billado moved to approve the reimbursable grant expense of $667.50 to Carmi Consulting regarding the Hungerford Brook project.  Mrs. Holbrook seconded the motion with it carried unanimously.

4.         PAYROLL – 1/17/07-2/20/07.             Discussion of compensatory (“comp”) time and overtime policies currently applied to Town employees.  Mr. Thompson fetched the Town’s employee handbook and read the pertinent “Article 4.2, Compensatory Time” contents therefrom. The policy dictates that all comp time be taken by April 1 of each year and that any comp time not taken by April 1 will be paid to the employee at their regular hourly rate of pay.  A reminder of the policy will go in employee paychecks. 

            Mr. Billado moved to accept the payroll records as presented, seconded by Mrs. Holbrook and carried unanimously.

            Mr. Garrett said that employees would have to have any comp time calculated at the appropriate post- or pre-Town meeting pay rate schedule applied at the time of actual accrual.

5.         REVIEW OF EXPENDITURE PACKET – Current year figures.

6.         STATUS OF PRINTER.  Mrs. Bevins reported that the Town Clerk is trying out a printer for the front office from the same supplier as the previous.

7.         FLEET PERMITS.       Mr. Garrett signed the following authorized FLEET permits: 

                        Mclure Moving & Storage DBA Excel Transport, Inc. – List provided

                        Ronald Bevins Excavating – 1 vehicle

                        The Hartigan Company of Stowe, VT – List provided

                        9155-1382 Quebec Inc. Transport Choquette – 1 vehicle

8.         SWANTON SCHOOL BUDGET PRESENTATION.

            Swanton School Board Chairman Roy Eckler, Swanton Elementary Principal Martin Waldron and  Associate Principal Julie Benay, were present for an FY08 Budget Presentation of the Swanton Elementary Schools.    A hard copy of the Powerpoint presentation is attached as part of these minutes.

            Mr. Eckler said that the School Board had worked very hard to hold down the budget increase to just 3.3%.  He explained the reasoning behind presenting the budget as a separate article.  The proposed bond issue article calls for a sum of $290,000 to be repaid over a term of three years, for capital improvement features.

            The Powerpoint heads covered the following, with highlights: 

            1) Overarching, FY07 and FY08 Goals, including pilot programs, frequent and faster skills monitoring, curriculum mapping.  FY08’s goals include improvement to facilities given disrepair and safety needs.  The five-year facilities plan shall begin after the bond has been paid at three years.  Mr. Billado suggested a revised wording for clarification on timing.

            2)         Staffing & Planning Changes.             Principal Waldron explained there were no new programs immediately ahead.  The school saw an increase in over 50 students coming in last summer alone; over 18 of those children had IEP’s in place.  There was a lost of about 23 at end of school year, so the net increase this year was about 25, he said.  The IEP impact was behind the hiring of another special education teacher.  Mrs. Benay said that about 80% of children come into existing housing, with 20% considered arriving into new housing.  She cited the larger homes families could buy in Franklin County for a smaller home’s cost in Chittenden.  Mrs. Benay said that Swanton Elementary had 591 children as of 2/19/2007.  The school averages close to 600 students.  There is a high rate of transient children.  The State of Vermont calculates based on enrollment as of October 1.  The school projects 586 children for FY08.  At one point, Mr. Waldron said, the school had as many as 700 kids.

            Mr. Garrett asked about trends when children finish 6^th grade – do families move or send those students to MVU?  He noted his curiosity as well whether students were typically in homes their families own or rent.  Mrs. Benay noted the impact of transient families to the school.  Mr. Garrett observes that the Town is not hosting many new rental properties, that building permits are typically for single-family homes.  Mr. Thompson said that Swanton usually had 30 new houses a year, and now has 45-50 new home permits a year. School enrollment is down, yet a surge of 50+ over a summer is substantial.  Mr. Billado felt that the cost of living is key.  Mr. Waldron explained special class size considerations for 6^th grade.

            3)         Facilities Needs – Health, Safety, Repairs, include:  replacement of the central roof’s ridge vent; emergency exit ramps, replacement of a 15-year old phone system; installation of new doors and air conditioning at needed areas.

            4)         Review of bond language supporting request for $290,000 to be repaid over three years, for capital improvements.

            5)         Budget Factors, Swanton Tax Rate Implications, Breakdown of Tax Increase, and Franklin County Comparisons.   Mr. Garrett suggested installing a percentage change column for easy comparison.  He advised that homestead tax rate was going to drop to $.84 if current legislation passes.  If the CLA does what the State wants, he predicted, the school rate will be between $.93 and $1.27.  Discussion of reappraisal project calendar, including the shift of a complete date to June 30 from April 1.  Mr. Billado suggested it be clearly communicated to taxpayers that “appraisals aren’t what drives taxes; budgets are.”  It was noted that Swanton has a lot of second homeowners who should be hugely impacted by the reappraisal.

            Mrs. Benay said that the State-set base expenditure per child is $7,700, which includes K-level pupils.  Swanton still has to raise $7,700 per student even if it could educate children for less than that, said Becky Hart, FNWSU’s Business Manager. 

            Discussion of Kindergarten: it meets four mornings and one full day.  The State counts the students at .60 time; but these are added together to compute full-time teacher needs.

            Swanton’s $9,825 per student cost factors MVU’s kids as well as elementary, Ms. Hart said.

            Mrs. Benay noted that per-pupil expenditure clarifications could be presented differently.

            Mr. Garrett qualified that the budget is presented at $12,000 per student, with taxpayer share of $9,825 of that, based on a total budget of $7,132,806.   Mr. Eckler explained that wording is presented by the School Board in the Town report under Revenue.  Swanton anticipates $1,408,470 in revenues.

            Mr. Thompson suggested the School Board present the total budget figure with a separate line featuring how much is to be raised by taxes, in the same way that the Town presents its highway budget, for instance.

            6)   Budget Bottom Line.  Mr. Waldron noted that there are maintenance issues built into the figure for “plant operation” but that these are not part of the five-year priority plan.  Mr. Garrett asked about the prospect of boiler maintenance in the new school.  He asked about alternative fuel considerations for both buildings.  Mrs. Benay said her take is that the School Board is not near discussing physically joining the two school buildings at this time.  It would be a big capital investment, she warned, and the enrollment trend is not going up.

            7)         Mrs. Benay asked about the emphasis of bond issues on emergency management.  Mr. Billado, the Town’s Health Officer as well, said it would not hurt for the school to stress these features in its presentation. 

            8)         Mr. Eckler advised that the next Fit Family Coalition meeting would be on 2/22/07 at 6:45 p.m. at the Community Center. 

9.         SOLID WASTE IMPLEMENTATION PLAN.               Mr. Thompson provided background material on Swanton’s current independence from a solid waste district.  The State is now pressing the town to join a solid waste district or alliance.  Mr. Thompson noted that the reporting requirements are staggering in themselves.  Georgia, North Hero and Grand Isle – previously independent – have since joined the district.  Potential costs were reviewed were Swanton to join.  The selectboard tabled the matter until such time as Northwest Regional Planning’s Bill Rose calls a meeting with them on the topic.  Mr. Rose has assured the State and Swanton that Swanton’s Solid Waste Implementation Plan, covering the municipality for 2007, shall be submitted by the deadline of 5/1/07 noted in Jeff Fehrs’ 2/6/07 warning letter to the Selectboard.

10.       MARCH REORGANIZATION MEETING.        Under advisement from Mr. Thompson, the Selectboard agreed to hold their first selectboard meeting following the Town Meeting Day, at a special reorganization meeting at 7 p.m. on Monday, 3/12/07.

11.       INFORMATIONAL MEETING REVIEW AND PROPOSED AGENDA.           The Selectmen approved the proposed agenda for the 2/26/07 Town Informational meeting in advance of Town Meeting Day.  Messrs. Garrett and Thompson have yet to meet to confirm the narrative for the proposed presentation.

12.       LIQUOR LICENSES APPROVED.     The Selectboard signed their approval to extend liquor licenses to the following vendors:

            St. Marie’s Inc.

            Bruce & Robert Jolley/Jolley Associates – OBO Short Stop #111

            Kingman Street Tavern, Inc. – OBO Swanton Beverage

13.       NO PUBLIC COMMENT.

14.       CORRESPONDENCE.

·         Review & signing of 2/20/07 letter to Steve Funderburk of U.S. Fish & Wildlife Service (Hadley, MA) in support of the Missisquoi National Wildlife Refuge’s proposal to purchase 156 acres of the former Carman farm in West. Swanton.  Mrs. Holbrook abstained from signing in disagreement with the proposal.

·         Review of Mr. Thompson’s 2/13/07 letter to Charles Blanchard of Homestead Acres regarding the latter’s alleged illicit garbage disposal found along Waugh Farm Road.

·         The Selectboard signed a Resolution to Designate a Nonprofit Community Development Organization (NCDO) (Form PM 5) for the new Champlain Housing Trust grant.

·         It is noted that Ethan Ready of Lincoln, VT has been appointed by U.S. Senator Bernie Sanders to act as the latter’s Municipal Government Liaison.

·         Mr. Thompson offered a copy of the report on Vermont Urban Sprawl, with a roadscape guide featuring proper development handling for Route 7 south of Burlington.

·         2006 Town Report proof reviewed.

·         Lt. Robert Evans State Police January 2007 activity summary.

15.       OTHER NECESSARY BUSINESS.

·         Mr. Billado expressed his desire that the selectboard members seek improved communication between them.  He cited two cases he would have liked more information on:

                        1)         Fadden Road Improvements.             Mr. Billado said he had been contacted by Mr. Ouimette who informed him that there is a land dispute with the landowners to the west and to the north of the Hoague family on land affected by an old Town Road piece.  Nothing in the land records confirms an in-question pie-shaped parcel ownership to the south of Fadden Road, but the Town parcel maps currently indicate that Jeanette Hoague owns both sides of the road, Mr. Thompson said.  The Hoagues have been resident there for over 20 years.  Mr. Ouimette has also been resident nearby for over 20 years.  The Town does not intend to build on someone’s land.  The Town has engaged Steve Brooks to survey the land.  The Army Corps of Engineers still needs to investigate it.  Mr. Thompson confirmed that Mr. Ouimette would receive notice of any legal action with the land if he is an abutter, due to the CUD process.

                        2)         Excavator Search.      Mr. Billado would like to be kept apprised of excavator quotes on an ongoing basis.  The Town has been looking at various excavator models to plan for purchase at some point.  The models typically are 18,000 pounds or 32,000 pounds with nothing in between.  Yet both models typically have the same digging force.  The Selectboard understands that an excavator would typically be used to clean ditches and install culverts.  But members differ on what other activity the Town should plan for with a purchased model.  Mr. Garrett feels that a rental excavator should be used for extremely heavy work that an 18,000 pound model could not provide; but that heavy work is not the typical use.  Mr. Billado said he wanted to seek out a work associate who had returned to equipment sales, to seek quotes from him.  The Selectboard reviewed a brochure with features of a CAT Model 307C (18,000 pounds) this evening.  It digs 23-feet deep.  Mr. Garrett said that the Highway crew would ultimately have to try out first any models the Town might purchase.

·         Library Update.  Mrs. Holbrook said she felt the Town should hire a lawyer to go “after the people who designed the building” due to ongoing problems with flooding, water and heat.  Neal Speer has installed one fan in the attic, following an unprecedented heavy snowstorm on 2/14/07, and the temperature is down to 30 degrees, Mr. Thompson said.  The town administrator said he felt the matters were being fixed.

·         Fire Department – Mr. Billado noted that the leader of a Boy Scout Explorers troop, Greg Gaudette, has asked about town service projects the youths may perform.  Mr. Thompson shall assist with recommendations.  Mr. Billado noted the troop will shortly visit two Boston firehouses and ride with response trucks there for a day.

·         Mr. Thompson advised that Jason Barney’s MVU students were going to help with processing the Town Reports for mailing, this Thursday evening, 2/22/07.

·         Mrs. Holbrook cited the difficulty plows had faced with the sawed-off poles in the library parking lot.  She said that Mr. Hakey had had troubles seeing the poles. 

16.       MINUTES FROM 2/6/07 SELECTBOARD MEETING.

            Mr. Billado moved to approve the minutes for 2/6/07 as recorded.  Mrs. Holbrook seconded the motion with it carried unanimously.

 17.       ADJOURN.      Mrs. Holbrook moved to adjourn the Selectboard meeting, seconded by Mr. Billado and carried unanimously.  There being no further business at hand, Mr. Garrett adjourned the meeting at 9:35 p.m.

 Minutes by Leigh Smith

Typed on 2/21/07

Received and filed by: 

_____________________________      ___________________________

Doris H. Raleigh, Town Clerk                         Date

Minutes

Town of Swanton

Special Selectboard Meeting

Swanton Town Office

Tuesday, January 23, 2007

7:00 p.m.

Present:          Harold Garrett, Chairman

                        Sharon Holbrook, Vice Chairman

                        Daniel Billado, Selectman

                        Richard J. Thompson, Town Administrator

                        Leigh Smith, Recording Secretary

                        Jack Bergeron – Channel 16

                        Swanton Historical Society:   Wendy Castillo, President; Dixie Root, Linda Kelly, Polly Paré, Gloria Bechard, Phillip Bechard, Dick St. Pierre, Glen Gurwit, Sandy Skeels Kilburn, Ron Kilburn, Georgie Langevin, Marilyn Livingston.

Purpose:         Special Selectboard meeting with the following agenda:  (1) Swanton Historical Society – Discussion; (2) 2007 Budget Review; (3) Public Comment; (4) Correspondence; and (5) Any Other Necessary Business. 

            Chairman Harold Garrett called the meeting to order at 7:01 p.m. 

1.         SWANTON HISTORICAL SOCIETY – DISCUSSION. 

            Mr. Garrett welcomed everyone present.  He acknowledged local Historical Society President Wendy Castillo’s 1/14/07 letter to the Selectboard contesting the board’s intent to appoint a Town Historian.  He said he was not aware if other towns had one, but said the Selectboard had agreed with the Town Administrator in previous discussions, that such a role would be helpful in answering day-to-day questions the Town receives from people seeking historical information.  Ron Kilburn had offered to fill such a position, but the Selectboard had decided not to appoint anyone until the public was more fully aware of such an opportunity and could apply for the unpaid title.  Accordingly, Mr. Garrett said, the Town had run an ad in the St. Albans Messenger for three weeks advertising the position opportunity; but the Town did not receive “so much as a phone call” in response. 

            At their last regular meeting, the Selectboard reviewed Mrs. Castillo’s letter and learned the Historical Society “knew nothing about” the town’s advancing the position.  Mr. Garrett apologized to society members for any unintentional oversight on the selectboard’s part, but justified advertisement in the paper and television coverage as the standard means the Town notifies the public of position vacancies.

            Mrs. Castillo said, speaking on behalf of the Trustees, that she and others had finally seen the ad in the paper, but felt since the Historical Society has had such a long relationship with the Town, their opinion should have been sought before publicizing the opening.  She cited the society’s existence over 20 years and its members’ involvement with other historians at local, State and federal levels.  Their group observes a Bylaws and Missions Statement.  The Town Historian job description covers nothing that the Historical Society doesn’t already do, Mrs. Castillo said.  She documented the group’s fastidious approach to proper artifact receiving, handling, and documenting.  The establishment of a historical society means there is accountability for items received among the members themselves, so no one person could abuse their role.

            Mrs. Castillo acknowledged that “not one member” on her board has a degree in Historical Sites or Structures and Design, but that they “do have ways to contact those people who do.”

            Mr. Garrett said the issue is that the Historical Society’s meeting place and museum (currently at the Swanton Depot on South River Street) is not often open.  No one has previously been listed in the Town Report as a contact for the questions staff members receive at the town office, he said.  Mrs. Castillo said her group could supply a list of names and phone numbers for future convenience.

            The Historical Society has at main issue, she said, the contact for collecting and storing artifacts – a Town Historian, as described in the ad run by the Town, would stand in direct competition with the Historical Society’s role in this area.

            Mr. Garrett said the Town still sees the need for someone to answer specific questions as they arise at the town office.

            Mrs. Castillo pointed to the ad and said it was the wording of the Historian serving “as an expert witness….” and someone able to “receive, document and acknowledge gifts or items of historic interest” that concerned society members.

            Mr. Billado explained that as far as the Selectboard’s involvement, they had simply learned that Ron Kilburn had put his name forward and they had tried to publicize the opportunity before confirming the volunteer.  “We just wanted the position so someone could answer questions in the office,” Mr. Billado said. 

            Linda Kelly advised that she had contacted the Vermont Historical Society and discovered that they do not acknowledge one Town Historian in Vermont. 

            Mr. Billado replied that despite there being no precedence, the selectboard had still seen a benefit to the role-keeper’s assistance to town visitors, especially when society members may not be available.  In response to a question from Mrs. Root, he said that people do come in the town office and ask questions of a historical nature of the Town Clerk and Town Administrator -- and neither may know or can take the time to provide answers.

            Mrs. Castillo said the historical society would then like the job description in the ad rewritten to exclude artifact acceptance and handling.

            Mr. Thompson said he had always referred to Mr. Kilburn unofficially as the “town historian” and had frequently tapped the latter when trying to help inquirers at the town office.  He confirmed again that he frequently will not know the answer to a question or will not have the time to satisfactorily assist.

            Mrs. Castillo repeated her request that a new job description be drawn up.

            Mrs. Holbrook offered that naming one person to the role “demeans the rest”, and offered that people could search for answers in a variety of places – if not at the town office, at the town library, Chamber of Commerce, or Abenaki headquarters on Grand Avenue.

            Mr. Thompson said that though no Vermont towns appear to officially list town historians, still municipalities observe such people on an honorary basis.  He cited Peter Mallett in Georgia as an example.     

            Mrs. Kilburn observed hurtfully that she had never known competition or distrust among historical society members until the issue of this position arose.

            Mr. Billado stressed again that the selectboard had not wanted to set themselves in opposition with anyone concerning the tactic.

            Mr. Kilburn acknowledged that he is considered a “lifetime trustee” of the local historical society.

            Mr. Billado asked whether the society couldn’t appoint someone directly from among themselves.  He explained again that the selectboard had not gone out seeking someone for the position, a volunteer had come to them and they’d agreed it was a good idea.  And the “volunteer usually gets the job,” he said.

            Mrs. Castillo said the concern remains that any artifacts be collected in the required manner and go directly to the society’s keeping.

            Mrs. Root queried whether Mr. Kilburn’s position as Swanton’s zoning administrator wouldn’t come into conflict by his being a town historian as well -- rendering testimony as an expert witness, as an example, she said.

            Mr. Kilburn said that based on his experience as a former judge, he is quite accustomed to dealing with conflicts of interest and stressed he would not allow his job as zoning administrator to be compromised.  He cited the occasional Act 250 hearing where one might testify regarding an “undue, adverse effect on a historical site,” but he sees no competition between the potential role of town historian colliding with responsibilities as zoning administrator.  He described the society as his friends, with a joint project -- “Swanton on the Move – Second Chapter” [a local railroad caboose’s relocation to the Depot site – due to take place on January 25^th.  He agrees that items to be collected should go the historical society and is “happy to have them put in the museum.”

            Mrs. Castillo said the group is concerned with someone perhaps not so cooperative or professional as Mr. Kilburn, getting the job; and about having to maintain the position once he is no longer able.  Mr. St. Pierre said that Ron already represents the Swanton Historical Society and to appoint a historian becomes a duplication of efforts. 

            Mr. Garrett asked what the Town should do if someone comes with artifacts and essentially leaves them on the town office’s doorstep.  – Call anyone on the historical society list, members replied.  The Town already insures the museum site, Mr. Garrett said.

            Mrs. Castillo cited the necessary procedures in accepting and preserving artifacts of historic value; not even a postcard can be mishandled, she said.

            Marilyn Livingston opined that instead of the Town hiring a historian, the society should perform that role.

            Mr. Garrett clarified that the position is entirely a volunteer one.

            Messrs. Garrett and Billado both asked what concerns, other than artifact acceptance, the society had in the town’s appointing someone on an unpaid basis.

            Linda Kelly said society members had not known the town had received, or had to field, so many questions from outsiders.  She said members would glad to answer on an as-available basis and even open up facilities like the library and museum if requested.

            Mr. Gurwit urged selectboard and historical society members to work together with perhaps only minor changes needed to meet the goals of each.  He commended Ron’s knowledge and accessibility in the town office by virtue of his zoning administrator position.  Mr. Gurwit said that while the historical society is all trying to do what needs to be done, their availability for immediate questions or response to gifts may be challenged.  He described the discussion so far as like “people arguing in a divorce court over a frying pan rather than the children,” and pleaded for a resolution that would cause the “Trustees to be at ease,” while drawing on Mr. Kilburn’s clear and available expertise.  Mr. Gurwit suggested postponing the decision to appoint a town historian until something mutually satisfactory could evolve.

            It was noted, in response to a question of Dixie Root, that Mr. Kilburn is in the Town office on three days:  Monday, Tuesday and Friday.  Mrs. Castillo felt the society members could cover during the off-days.

            Mrs. Holbrook said whether Mr. Kilburn is appointed or present, or not, the Town should still have a list of the Historical Society members and numbers to call.

            Mr. St. Pierre said he was surprised the Town had not initially approached the Historical Society when discussion over the position began.

            Mr. Thompson said that the issue arose from the various on-the-spot questions town office staff field, even if they are not everyday occurrences.

            Mr. Billado appealed for the historical society to come up with a plan they could live with.

            Mrs. Castillo said that the group could certainly come up with a position description.

            Mr. St. Pierre injected that Mr. Kilburn still does represent the historical society, and since he does, “why duplicate another service”?

            Mr. Billado cited numerous projects – including the caboose, Depot museum, and Town fountain – that Mr. Kilburn had headed for the town.

            Mrs. Castillo explained that the society is more concerned about when Ron would not be present; the position would still need occupying and her group is “looking out for the long term.”

            Mr. Garrett exclaimed that from his view of the situation, “no good deed goes unpunished.”  He said the selectboard had simply tried to “do something good,” that Mr. Kilburn had volunteered for a position that he had also brought to their attention, and the board had agreed about the idea and tried to draw the public in on the opportunity.  He cited numerous occasions of Town staff and road crew’s supporting historical society initiatives, including maintenance and improvement of exhibits.  He suggested in dismayed conclusion that there be nothing at all entered in the 2006 Town Report concerning a town historian, and that the historical society can “do what they want to” in the Report via their own annual submission.

            Mr. Billado agreed that “five weeks ago,” the selectboard had known nothing about the position and reviewed the chain of events culminating in this evening’s meeting.  He cited Mr. Kilburn’s extensive knowledge which the selectman himself had been amazed at.  He observed in frustration that “there must be some bad blood between Ron and the society….”

            Mrs. Kilburn pleaded with fellow society members concerning “what was wrong with them,” that “history is [her husband’s] life,” and how hurtful their group’s response had been.

            Mr. Garrett summarily dismissed the matter as no longer a selectboard issue.

            Mrs. Livingston defended the society as not distrusting Mr. Kilburn or forgetting his value to them; they, in fact, view him as the “father” of the historical society.

            Mrs. Castillo reminded the selectboard that the society is most concerned with long-term repercussions of the new position.

            Mr. Garrett advised the society can put what they want in the Town Report, the selectboard would not be appointing anyone.

            Mr. St. Pierre cited the “thousands of hours” society members had worked on behalf of the Town, and rebuked what he saw as Mr. Garrett’s one-sided commendation of the Town’s investments on behalf of the society.  He stressed the group is by no means “knocking Ron,” but that to them, an appointment was an unnecessary “duplication of service.”

            Mrs. Castillo agreed to supply a current list of historical society members with their phone numbers ASAP to the Town Office.

 2.         CORRESPONDENCE AND ANY OTHER NECESSARY BUSINESS. 

·        Draft of Selectmen’s Report for 2006 Town Report.  The board reviewed the draft provided by Mr. Thompson, who advised he had not been able to complete it and would not be able to until final Highway and General budget figures were available.  He hoped to work on it more 1/24/07 and deliver it to each Selectboard member if they don’t regather soon.  (Note:  A special meeting was subsequently scheduled for 1/30/07.) 

·        NMRC Contract Matters – Mr. Thompson advised the selectboard of contractual matters with the Town’s program processor NMRC, noting that the Town must pay $500/year for disaster recovery support.  Selectmen signed NMRC’s agreement for services and the Town’s pledge to pay the $500 for back-up coverage. 

·        St. Albans City Dispatch – has increased their bill to Swanton (Town and Village) from $13,944 to $23,187 while notifying contracting towns that they would inherit a higher percentage share of burden with that City.  Because of the increase, Village Trustee Brian Savage has told the Town Administrator that the fire department will have to increase their budget by $963, and it was anticipated that Missisquoi Valley Rescue would request an accommodation to their budget for the same reason.  Selectboard members opined on the need for an increase, acknowledging that “St. Albans City has a large deficit.”  While commending St. Albans City’s able dispatching for ten towns and the city, Swanton select members considered whether there was an alternative – but learned it would be “at least $100,000 to set up one” of its own.  Mr. Garrett said the SVFD & MVR articles were stand-alone matters for the voters to decide. 

·        Champlain Housing Trust.  Concluding a recent grant close-out public hearing, Meg Pond has supplied a recent breakdown of towns benefiting from the rehab loan program. 

·        Repro Digital Annual Report Production Schedule.   The selectboard reviewed the printing company’s schedule dates, with copy needed by February 2^nd to ensure a delivery date by February 22^nd.  Mr. Thompson advised that local civics students would help town staff process the reports for mailing this year. 

·        Town Administrator – List of Significant Achievements.  In response to a previous request by selectman Sharon Holbrook to do so, Mr. Thompson presented the board with a nine-page list of his “significant achievements”, including project names and dollar value, committees and assignments, and little projects that resulted in town efficiency/improvements over the course of his career as Town Administrator.   

·        Missisquoi Valley Wildlife Refuge Land Acquisition Matter.  Mr. Thompson advised that Mark Sweeney of the Wildlife Refuge has petitioned the Town for a letter expressing no opposition, if not an outright letter of support, for the refuge’s anticipated purchase of 156 acres on Tabor Road, adjacent to their facility, resulting from subdivision of the former Carmen Farm.  Mr. Thompson advised that while the acreage floods in the spring and includes a lot of wetlands, it could guardedly be eligible for buildings sites.  Yet because of its very proximity to the Refuge and purposes for the purchase, “it makes sense” to the Town Administrator for the Town to allow the project.   A decision on the matter was tabled until a future selectboard meeting. 

3.         EXECUTIVE SESSION – PAYROLL DISCUSSION. 

            Mr. Billado moved that the Selectboard enter Executive Session to discuss payroll/personnel matters.  Mrs. Holbrook seconded the motion with it carried unanimously.

            The selectboard entered Executive Session at 7:58 p.m.

            Mr. Billado moved that the Selectboard exit Executive Session, seconded by Mrs. Holbrook and carried unanimously.  The selectboard exited Executive session at 8:32 p.m.

            Results: 

                        1)         Mr. Garrett commended the other selectmen for working so well together during the evening.

                        2)         The Selectboard reviewed additions to a proposed Tax Stabilization Agreement with Via Cheese and approved proposed changes which Mr. Thompson shall communicate to the company.

                        3)         The selectboard discussed and established updated salary rates for all town employees.

                        4)         The selectboard discussed the town’s need of its own potential excavator.

                        5)         A special meeting of the Swanton selectboard will be scheduled at 7:00 p.m., in addition to another that day at 1:00 p.m., for the purpose of finalizing Town Report language and figures. 

4.         ADJOURN.    Mr. Billado moved that the Selectboard adjourn its meeting.  Mrs. Holbrook seconded the motion with it carried unanimously.  There being no further business at hand, Mr. Garrett adjourned the meeting at 8:35 p.m.

Typed on January 24, 2007

Minutes by Leigh Smith

Received and filed by:

_______________________________________     ______________________________

Doris H. Raleigh, Town Clerk                                       Date

Minutes

Swanton Town Selectboard Meeting

Swanton Town Office

One Academy St., Swanton, VT

Tuesday, January 16, 2007

7:00 p.m.

Purpose:  Regular meeting of the Swanton selectboard for the month of January 2007.

Present:   Selectmen:    Harold Garrett, Chairman; Sherry Holbrook Vice Chairman;  Daniel Billado, Selectman; Richard J. Thompson, Town Administrator; Leigh Smith, Recording Secretary; Jack Bergeron, Channel 16; Kevin Lapan; David Barney; Swanton Village Fire Chief Peter Prouty; Brian Savage; Rick King; Chris Leach; Neal Speer; Meg Pond; Ron Kilburn.

             Harold Garrett called the meeting to order at 7:04 p.m.

1.      HIGHWAY ORDERS – 12/20/06-12/31/06 & 1/1/07-1/16/07.  Mr. Billado moved to accept both sets of highway orders as printed. Mr. Garrett seconded.  Motion carried.

2.   GENERAL ORDERS – 12/20/06 -12/31/06 & 1/1/07 – 1/16/07.        Mr. Thompson             shall ask the Zoning Administrator to submit his mileage quarterly.  Mrs.             Holbrook moved to accept both sets of orders as printed.  Mr. Billado seconded.        Motion carried unanimously.

3.      PAYROLL – 12/20/06-12/31/06 & 1/1/07 – 1/16/07.  Mr. Billado moved to accept the payroll for the  periods shown as printed.  Mrs. Holbrook seconded.  Motion carried unanimously.

4.      (FRONT) OFFICE COPIER.  Town Clerk Doris Raleigh presented options provided to her toward the purchase or lease of three Catamount models.  She said the town’s (front office) current copier’s expense is $143.01/mo for copies and maintenance fees.  Under Option 1 a service package allows 5,000 pgs/mo for $76.50/mo. (Catamount would swap the town’s existing machine with another used one  -- Mrs. Raleigh has been advised it is now the Town of Franklin’s), and Swanton would own it under a different contract).  The town’s average for the current copier is 6,000 copies/mo, Mrs. Raleigh said. Under Option 1, the Town could pay $15.30 extra for another 1,000 copies per month.  Mr. Garrett said he’d rather have the Town buy 7,000 copies/mo and not pay a penalty for going over the average.  An expense of $106.00/mo would therefore save the Town $40 under the afore-described Option 1.   If the Town doesn’t like Option 1, it can shift without penalty to Option 2, Mrs. Raleigh said.  The leasing costs were reviewed.  The front office copier is just two years old.  A fuser was installed on 1/16/07 as part of numerous repairs recently needed.  The current machine has had a problem with smells and stalling.  Mrs. Raleigh will find out what the penalty impact is if the Town exceeds 7,000 copies. Further Catamount options were reviewed.  The Selectboard deferred to Mrs. Raleigh’s sense that Option I was the best to follow as it allows more comprehensive service or switching of options later if necessary.

5.   2007 BUDGET DISCUSSION.   Review of General & Highway proposed figures and areas that still need input.  It was noted that based on discussion from a former meeting, the Friends of Missisquoi Bay has been added for $2,000 under Appropriations. Mr. Thompson said that the Zoning & Planning Legal Fees has been increased to $3500 from $2500 due to two appeals now in the Vermont Environmental Court.  Discussion re: $55 per impervious acre impact to the Town for Stormwater Permits; the Town had to pay Leduc Drive’s last year.  Note that the Road Commissioner, although absent this evening, provided truck bid information that he had collected.

      6.   CORRESPONDENCE.

·        Dick Thompson read aloud proposed language for a Nonbinding Referendum of the Town for AOT to reduce Speed Limit on Rte. 78 from 40 mph to 30 mph. The Selectboard approved the Referendum for the March 6^th Town vote.

·        Review of proposed Tax Stabilization Agreement for Lucille Farms Acquisition, following a template that had been used for the former Vermont Fasteners. Mr. Thompson said Eric Breault of LF Acquisition will get a copy on 1/17/07. The Town has 45 days before the State (VEPSI) needs the document in hand.  The plan calls for fifty percent (50%) stabilization for five years for real property only.

·        Law Enforcement Package – Statistics were available as follows: yearly from Franklin County Sheriff’s office, annual and weekly from the Vermont State Police; along with a press release on recent drug bust.

·        1/8/07 letter from Julie Benay, Associate Principal, thanking the Selectboard for touring Swanton Elementary on 1/8/07 and agreeing to move forward with a second ballot item to address immediate needs identified by the walk-through.  The Selectboard also reviewed a draft of the school’s short and long term facilities needs, along with minutes from the meeting.

·        Mr. Thompson advised that the Missisquoi River Basin Association is asking the town to join their organization with a recommended donation of $200; Swanton hasn’t been a member before.  Swanton already belongs to the Friends of Missisquoi Bay Association.  The Selectboard decided to pass on the former’s request this year.

·        Review of sets of the last six months of minutes from NRPC – Regional Planning Center’s Growth Center Plans, which Mr. Thompson said he had not received until late today, 1/16. He advised there would be a meeting on the Growth Center at 5 p.m. on 1/17/07 at NRPC, and is hoping that representatives from both the Selectboard and Swanton Planning Commission will attend. 

·        Vermont League of Cities & Towns (VLCT) – has advised that since they have switched municipal health plans from Blue Cross Blue Shield to Cigna, 38 towns out of 97 have left the VLCT Health Trust. The Health Trust consequently has some openings directors on their Board. The Selectboard registered no interest in volunteering.

·        Mr. Thompson noted a letter from Swanton Packing advising that as of 1/11/07 their property is not to be used for parking.  The Reads, who own the property, will allow the southwest corner of the Blake Street parcel as access to property owned by Demers; however, the Reads require proof of insurance from the Town within 30 days, covering them against liability for this property section.

·        Review of letter from Susan Dubie at VLCT – PACIF – thanking the Selectboard for an opportunity to provide a quote to the Town for 2007.

·        Review of letter from Gravel & Shea, noting their firm shall represent Swanton Packing in an appeal to the State’s Environmental Court following the Planning Commission’s denial of the Reads’ site plan approval

·        Review of letter from Attorney Mary Casey of Kissane Assocs regarding April 9^th Cadieux appeal pending before the Environmental Court. Property and town line issues are being resolved; Ms. Casey and Button Land Surveyors have reportedly exchanged documents.

·        Vermont Coalition of Municipalities – an incorporated organization – represents 42 member cities and towns that believe Acts 60 and 68 are not long-term solutions in the best interests of Vermont residents.  The organization seeks Swanton’s support and a $100 per year fee.  The group lists 68 towns from largest to smallest, and the “top ten” cities and towns receiving benefits from the Acts --  Swanton is one of them. Consequently, Mr. Thompson advised, it would not be in Swanton’s best interest to join the organization.

·        Mr. Thompson advised that Local Government Day is 2/14/07.  Sherry Holbrook expects to go, along with Mr. Thompson and some office staff.  Mr. Thompson said he anticipates he’ll be testifying on stormwater permit matters.

·        Review of truck quotes provided by the Road Commissioner, Mr. Hakey, earlier.  Messrs. Lapan and Barney were tapped by selectmen for miscellaneous background to details of the town’s current fleet and their understanding of proposed vehicle features.  Relative benefits of automatic vs. standard models discussed as well as 2008 v. a 2006 model.

7.    VCDP GRANT – CHT RLF GRANT CLOSE-OUT PUBLIC HEARING.

     Meg Pond was present for the public hearing to close out the existing VCDP grant that Swanton had received on behalf of the Champlain Housing Trust Rehab Loan Fund.  She said it represents 24 month’ worth of housing rehab loans throughout the region which covers Franklin and Grand Isle Counties, as well as the Town of Westford. She thanked Swanton officials, saying CHT had enjoyed a great relationship with the Town on behalf of people living in the region receiving the program’s loan benefits.  Ms. Pond said that all of the $690K grant flowed through to the program.  She commended Mr. Thompson and Mrs. Raleigh for their cooperation in the project.  Grant money was spent on 55 different projects such as loans to families needing to rehab their house in some way with vital repairs – perhaps a new roof, new heating system, replace their septic, etc.  Over the past two years Lake Champlain Housing merged with the Burlington Community Land Trust to become what is now the Champlain Housing Trust (CHT).  Unfortunately, Ms. Pond said, the program had lost their energetic guide, Bill Moore, who died of cancer in 10/2006 – he was the “heart of the program,” Meg said, and “customers who had him as a rehab specialist loved him.”  Ms. Pond said the good news is the program exceeded their goal by 10 projects (an original goal was 45) – and they exceeded with matching funds as well.  A final report will be available to Messrs. Thompson and Garrett the week of 1/22/07, she said.  The loans are fit to each household, based on income and situation.  Participants receive construction management to make sure the money is spent wisely.  As anyone pays back their loan, it goes back into a pool to go out again. 

     In answer to a question, Ms. Pond said she did not have on hand a breakdown per town of number of loans and loan amounts, but that she would be willing to provide one.  Normally those statistics are reviewed annually, she said.

     Mr. Thompson commended Meg for her contribution to the program and CHT’s superb relationship with Swanton.  Officials regret that Ms. Pond will be retiring from the program, but wished her well.

     The grant close-out documents will be brought to the Town Office the week of 1/22/07, Ms. Pond said.  She said a new grant has been made for $750K, with a second year’s approval already authorized by the VCDP, and including extension of the territory to Chittenden County. 

8.      FIRE DEPARTMENT 2007 BUDGET – DISCUSSION W/ SVFD PETER PROUTY, VILLAGE TRUSTEES.   Trustees Brian Savage and Chris Leach were present, in addition to Village President Neal Speer and Fire Chief Peter Prouty.  Brian Savage also introduced Rick King, Assistant Swanton Village Fire Chief. A printout of 2007 budget figures were supplied.  Chief Prouty presented a PowerPoint presentation supporting their request.

                 Highlights of SVFD’s department activities were presented via pictures of various response scenes from 2006.  Mr. Prouty said school emergency planning has become a “hotter topic”.  SVFD saw a decrease in call volume in 2006 from 2005,  although it was still the second highest year since he’s been tracking.  Mr. Prouty showed a seven year average of requests for Mutual Aid.  The biggest responses were to motor vehicle accidents, alarms and structural fires.  He showed call volume trend over the last 12 years.  There were 101 calls in 1995, jumping to 246 for 2005 (with 216 for 2006).  He figures the SVFD will still be responding to 200+ calls in 2007. 

Officials reviewed 2007 Proposed budget figures as supplied, with Mr. Prouty’s explanation at various points.  He noted a change from 2006’s $25K salary figure v. $28,854 actual;  FLEET insurance anticipated.  Selectmen noted that recovery from 9/11 and Hurricane Katrina has led to “softer” market for insurance and a drop in premium from the Allen Agency for the Town’s insurance.  $11,544 is proposed insurance for fire trucks only.  Workmen’s Comp has been pro rated, but it was unknown if the figure is based on a Village experience mod or one for the fire department alone.  Mr. Prouty said that the Village comptroller would have to say.  Brian Savage said he would check and report to the Town.

As far as Central Dispatch notifying SVFD, Mr. Prouty said that St. Albans works on the regular fiscal year.  They want to shift the cost of the dispatch to 60/40 split, with methods of increase to achieve that discussed.  The bill is split based on call volumes; Missisquoi Valley Rescue takes the larger share of call volume.  The town’s portion of the bill is sent to the Village and they calculate the split, Mr. Prouty said.

Mr. Prouty described the budget based on a Grand List split and not on call volume.  He said that call volume seems to reflect this as well.  Maintenance and equipment costs were also over budget. Discussion of capital expenditures as well.

2007 Est. Grand List figure is $832,567.  

A new fire truck is on order, Mr. Prouty said.  The life of the truck is anticipated at 20 years, but he qualified there may be another one needed as a replacement for it before it actually goes.  Mr. Garrett suggested the new truck purchase of $284K should be adjusted yearly for inflation.  Mr. Prouty said that $43K a year for 2006-2007 goes toward payment for the truck, there is no money being put aside for the next purchase. The amount is allotted for the truck the SVFD is actually getting.  Mr. Garrett asked for a guess when the Department would need another truck.  “We’d be lucky if it isn’t before this next truck being paid off,” Mr. Prouty said.  With overall call volume going up, trucks are experiencing more wear and tear than first anticipated.  He estimated 3,000 miles per year for trucks to traffic vehicle accidents.

When SVFD assists at a vehicle fire or accident scene, the department does charge insurance companies -- if the person is not a tax payer of Swanton, they get a bill, the same treatment as for HazMat responses, said Mr. Savage.  If SVFD assists MVR and MVR receives payment under insurance, SVFD should get paid too? But MVR is getting paid only for patient transport; the SVFD assists to MVR amount to only about three times a year, Mr. Prouty said.  It is not worth the paperwork. 

SVFD requests $19,400 more under its 2007 budget.  The increases – insurance, dispatching, salaries amounting to almost $4,000, reflect these areas under funded in 2006; SVFD is trying to get those areas back into line. These items along with fuel and maintenance couldn’t be helped, and stand at over $14,500.   Under the department’s control, he said, SVFD is talking about $8800, but to offset the increase, they’re “backing off on other items here and there by $5700,” Mr. Prouty assured. 

The SVFD rent went down 10% from the Village, Mr. Garrett jovially observed.  Mr. Savage discussed the impact on savings from heat.  MVR was not previously being charged rent by the Village but now is, so that helped offset the figure too, Mr. Billado remarked.

Mr. Garrett asked about salaries: firemen get paid by the hour, not per call, Mr. Prouty said.  They’re considered part-time employees.  Firefighters get one pay rate, and officers get more.  As chief, he is the highest (officer) paid, Mr. Prouty said. 

Mr. Billado asked about the potential for the fire department’s fleet to transition to bio-diesel.  Mr. Savage said he’d like to try it first on some, but not yet on the really necessary trucks, and they’ll see how it goes. 

The Town pays approximately 74% of the Grand List share; $118, 957 of the proposed 2007 budget figure of $170,355.

Mr. Prouty reviewed the procedure behind the fire engine replacement. The features were presented via PowerPoint, including: companies contacted, the 2006 proposal; voters approved $285,000; with the fire truck ordered on May 25, 2007.  If all goes well, it will be shipped 1/17/07 to New Hampshire, where it will be lettered and receive a second inspection, then delivered to Swanton.  Pictures of the new truck were shown to those present. The anticipated truck is “very functional for what we need,” Mr. Prouty said.  Features include a capacity of 2000 gal/min pump, and carries six passengers including the driver. It has a stainless steel body.  Mr. Garrett asked about preservation features for the frame.  It’s one-piece, Mr. Prouty said, using bridge beams “all the way up through.”  He said he was quite impressed with it.  Mr. Garrett said SVFD must not be the only department having frames rotting out.  Mr. Billado suggested the Selectboard go to the Fire Station to tour the equipment once it arrives. 

Mr. Savage asked about the reappraisal – and was told it will be printed June 1^st.  The new taxes will be on this year’s Grand List.  So “all these figures will be out the door,” Mr. Garrett advised concerning the proposed budget’s exact figures presented this evening.

 The Selectboard commended the good job done by the SVFD. 

Mr. Savage asked about the status of the Growth Center at Exit 19.  Mr. Garrett said more will come out on 1/17/07 at a meeting at 5 p.m. with NRPC.  Mr. Thompson said that according to researchers, over the next five years, Route 105 proceeding from near the current St. Albans Messenger building to Bushey Road will be considered the fastest-growing commercial center in the State.

Mr. Garrett discussed the impact on the fire department based of a call for mutual aid from St. Albans for a fire at the Total Home Center (Rte. 207) this summer.  Mr. Prouty commended the good relationship Swanton enjoys with the St. Albans Town Fire Department.  The two departments have been able to “work as one,” he said.  Mr. Garrett asked if SVFD foresees needing to build a sub-station near the proposed Exit 19 commercial area.  “Getting the people to staff one,” would be a challenge, Mr. Savage said. Mr. Prouty said that perhaps a joint St. Albans/Swanton sub-station, with a working agreement and shared costs, might be a solution.  Williston has hired six new firefighters just due to that town’s development, the chief advised.  As Swanton experiences increased development, it will face its own challenges.  Chief Cross of St. Albans Town has already noted their fire department would call Swanton for development in St Albans at the site.  Mr. Prouty said he would likewise call St. Albans Town for development growing in Swanton’s portion of Rte. 207.  He said Swanton should look at what systems St. Albans Town/St. Albans City both require (i.e., loop systems for water mains, etc.) before a joint project is pursued. 

Mr. Savage said years ago, voters turned down a line item for impact fees.  It might be time to re-visit that, he said.  Swanton’s voters have stressed they want industry and business coming in, Mr. Garrett said, so the town needs to attract them the best way it can, by securing the proper infrastructure and services.

Mr. Garrett said Swanton is in the prime location for the growth center at Exit 19, because Swanton’s portion of the area is so clearly visible from the Interstate 89.

9.      APPROVE MINUTES OF 1/2/07 & 1/9/07 & 1/10/07 MINUTES.   Mrs. Holbrook moved to approve each set of minutes for the meetings shown, as recorded.  Mr. Billado seconded the motion with it carried unanimously.

10.  FLEET PERMITS:  On behalf of the Town, Mr. Garrett signed approval for the following permits: 1) S. D. Ireland – Attached list; 2) Roger Gosselin, Inc. – 5 Vehs; 3) Roger Gosselin, Inc. – 4 vehs., with NTE 60,000 pounds. 

11.  APPOINT TOWN HISTORIAN/EXECUTIVE SESSION.   Mr. Billado moved that the Selectboard enter Executive Session to discuss Personnel & salary matters.  Mr. Garrett seconded the motion with it carried.  The Selectboard entered Executive Session at 9:21 p.m.

Mr. Billado moved to exit Executive Session,  seconded by Sherry Holbrook and carried unanimously.  The Selectboard exited Executive Session at 9:55 p.m.

           Results:  1)  The Selectboard reviewed a 1/14/07 letter from the Swanton Historical Society in their packet this evening.  Mr. Thompson will send a letter to Mrs. Castillo of the Historical Society offering that the Selectboard shall meet with the group at a special meeting on 1/23/07.  It is anticipated that the Selectboard will await whether an alternative applicant to Mr. Kilburn for the role of Town Historian is put forth by the Historical Society, due no later than 1/29/07 at 4 p.m., at which time the Selectboard shall confirm their final choice in appointment of Town Historian.

                  2)         The Selectboard reviewed payroll history for its full-time employees.  Selectmen plan to meet at again at a special meeting on 1/23/07 to finalize the figures for staff raises.

12.  ADJOURN.   Mrs. Holbrook moved that the Selectmen adjourn their meeting; seconded by Mr. Billado and carried unanimously.  There being no further business at hand, Chairman Garrett adjourned the meeting at 10:03 p.m.

 Received and filed by: 

________________________________          ___________________________

Doris H. Raleigh, Town Clerk                                            Date

MINUTES

WEDNESDAY, JANUARY 10, 2007

TOWN OF SWANTON SELECTBOARD 

SPECIAL MEETING

SWANTON TOWN OFFICE

ONE ACADEMY STREET

                        SWANTON, VT

                       6:30 P.M.

Purpose:   Special meeting of the Swanton Selectboard for the following purpose: 1. Allen Agency – Andy Finelli; 2.  Any Other Necessary Business.

 Present:  Harold Garrett, Chairman
                 Sharon Holbrook, Vice Chairman
                 Richard J. Thompson, Town Administrator
                 Leigh Smith, Recording Secretary
                 Andy Finelli – agent with Allen Agency 
 

            Chairman Garrett called the meeting to order at 6:35 p.m.

1.                  ALLEN AGENCY – ANDY FINELLI. 

Allen Agency agent Andy Finelli was present to continue discussion (from

of 1/2/07) of town insurance coverage and what his company could offer during 2007 budget discussion.

            The 1/2/07 discussion had been in Executive Session.  The Selectboard have also sought comparison quotes from what the Vermont League of Cities and Towns (VLCT) offers (during a special meeting on 1/9/07).

            Mr. Finelli discussed differences between Massamont and One Beacon coverage plans offered through the Allen Agency.  He said he had proposed Massamont earlier due to its blanket coverage being greater than One Beacon’s.  But while its coverage is less than Massamont’s by $200, One Beacon includes flood and earthquake coverage – a point to ponder since, as Mr. Thompson reminded the selectmen, Swanton is the most susceptible town in Vermont for earthquakes, lying as it does along the so-called Montreal Fault.  Mr. Finelli said that Massamont would consider the Robin Hood industrial site buildings “bundled together” with other town buildings in a single coverage amount, but that One Beacon considers them separately;  the Robin Hood building group would be separately covered for a total of $638,800, and the remaining town buildings at a $2.4 million total coverage, with blanket coverage for the contents of the latter at $730,000. 

            Mr. Finelli stated that neither Massamont nor One Beacon feature more than $790,000 property coverage.

            Mr. Garrett expressed gratitude to Mr. Finelli for his and his firm’s relationship with the Town of Swanton in the past.  The selectboard chairman advised that a final decision between the VLCT and the Allen Agency proposals would not be made until the next Selectboard meeting scheduled for 1/16/07.  Mr. Finelli shared that he is heading to North Carolina and that it would be helpful if he could consider in advance if the Allen Agency were chosen, for administration purposes.  Mr. Garrett agreed that while it is not yet official, Mr. Finelli may proceed with the assumption that Swanton will enroll again for coverage under the Allen Agency’s plan as proposed.

            Mr. Thompson told Mr. Finelli of a development with the Recreation Commission that needs the agent’s attention.  The Recreation Commission has negotiated with Frank and Sandy Read concerning the latter’s proposed sale of the former Swanton Packing site on Blake Street.  The Reads have stressed that they need a statement from the Town’s insurance carrier proving coverage of a publicly-traveled area of the Reads’ property to access the adjacent Demers lot where people park for the ballfield.  Mr. Finelli said that coverage would stand for “any negligence on the part of the Recreation Commission(Town).”  He said that if Reads grant a right of way to the Town and it is covered in the contract, the Reads could be added as insured as long as they’re listed in the contract (deed).  It was stressed that Swanton does not have the proposed easement yet.  Insurance will only cover the precise right of way that has been extended, it will not cover any “meandering around” or areas off of the right of way.  Mr. Finelli said this would be clearer and confirmed through a “hold harmless and indemnification clause” in the contract anticipated from the Reads. 

            Mrs. Holbrook asked about whether insurance coverage extended to Mr. Fosgate’s building in the Robin Hood park which now houses the school superintendent’s offices.  That building is not insured, Mr. Finelli said; however, if something happens at that site that contributes toward damages to the neighboring Town-owned buildings or contents of same, those are covered.  Discussion that “mounds of ammunition” are being warehoused in the superintendent’s building.  Mr. Thompson clarified that the ammunition “has to be primed and in a barrel” to be dangerous. 

            Mr. Thompson will obtain the signatures needed for the Allen Agency to confirm coverage, and fax that to Mr. Finelli’s office. 

2.         ADJOURN.      Mrs. Holbrook moved that the Selectboard adjourn its meeting, seconded by Mr. Garrett and carried.  There being no further business at hand, Mr. Garrett adjourned the meeting at 6:55 p.m.

 Typed on January 11, 2007

Minutes by Leigh Smith

Received and Filed by

______________________________    ________________________________

Doris H. Raleigh, Town Clerk                         Date

MINUTES

TUESDAY, JANUARY 9, 2007

TOWN OF SWANTON SELECTBOARD SPECIAL MEETING

SWANTON TOWN OFFICE

ONE ACADEMY STREET

                        SWANTON, VT

                       6:00 P.M.

Purpose:   1. Real Estate Discussion – Executive Session with Frank & Sandy Read & Recreation Commission.  2.  Any Other Necessary Business.

Present:    Sharon Holbrook, Vice Chairman; Daniel Billado, Selectman; Richard Thompson, Town Administrator; Leigh Smith, Recording Secretary; Frank & Sandy Read of Georgia, VT;  Recreation Commission Members:   Betsy Fournier, Chairman; Dee Raleigh; Jenny Plouff; Eugene Lavoie, Timothy Clippinger; Linda Cross; Elaine Colan; Mary Metayer.

            In the absence of the Selectboard chairman Harold Garrett, Vice Chairman Sharon Holbrook called the meeting to order at 6:02 p.m.

1.                  REAL ESTATE DISCUSSION – EXECUTIVE SESSION WITH FRANK &

SANDY READ & RECREATION COMMISSION.   Dan Billado moved that the Selectboard enter Executive Session to discuss real estate matters with Mr. and Mrs. Read and the Recreation Commission present.  Mrs. Holbrook seconded the motion with it carried.

            The Selectboard entered Executive Session at 6:03 p.m. Mr. Billado moved that the Selectboard exit Executive Session, seconded by Mrs. Holbrook and carried.  The Selectboard exited Executive Session at 6:26 p.m.

            RESULTS:  Mr. Thompson read the results of a real estate appraisal performed on the Reads’ property 8 BLAKE STREET (site of the former Swanton Packing), from a report submitted by Mark E. Lareau of Lareau Appraisal Services of St. Albans.  The appraisal as of 1/6/07 is: $200,000.  Comparables included (1) Dunning Street 1.796 Ac for $200K; (2) 31 Middle Road (Nokes Knoll Condos) – 6.01 Ac for $225K; and (3) Rte. 7 & Penell – 6.52 Ac for $120,500.  

            Based on the results of the appraisal, the Reads regret that they must terminate further negotiations with the Recreation Commission and the Town regarding the sale of the Blake Street property.

2.         CERTIFICATE OF COMPLETION – OPENING HIGHWAY DESIGNATIONS.  The Selectboard signed off on the Certificate of Completion which Mr. Thompson must submit to the State by 2/20/07, noting five changes which shall accompany survey changes for:  New streets (Missisquoi Street, Maple Grove Estates, Short Street); and Changes (Hubbard Lane – Class 3) and discontinuance of portion of Old Highgate Road.  Mr. Garrett is expected to sign the form on 1/10/06. 

3.         LEGISLATIVE COUNCIL UPDATE – Mr. Thompson provided an update on the impact of municipal stormwater permit regulations discussed at a legislative council meeting of the Franklin County Delegation and two Senators, with local officials (including St. Albans Administrator Dan Lindley, Dick Thompson, and George Lague of Swanton Village) in Montpelier today.

4.         ADJOURN.  Mr. Billado moved that the Selectboard adjourn its meeting, seconded by Mrs. Holbrook and carried.  There being no further business at hand, Mrs. Holbrook adjourned the meeting at 6:34 p.m.

Typed on January 9, 2007

Minutes by Leigh Smith

Received and Filed by

______________________________    ________________________________

Doris H. Raleigh, Town Clerk                         Date

MINUTES

TUESDAY, JANUARY 2, 2007

TOWN OF SWANTON SELECTBOARD  MEETING

SWANTON TOWN OFFICE

ONE ACADEMY STREET

                        SWANTON, VT

                       7:00 P.M.

Purpose:   Regular-scheduled meeting of the Swanton Selectboard for the month of January 2007.

Present:    Harold Garrett, Chairman; Sharon Holbrook, Vice Chairman; Daniel Billado, Selectman; Richard Thompson, Town Administrator; Leigh Smith, Recording Secretary; Jack Bergeron – Channel 16.

            Missisquoi Valley Rescue:   David St. Pierre, Joan St. Pierre, Lynn Billado

                                                          Paul Rocheleau; Doris Dumont;

                                                          Laurie Rossi – CPA for MVR

            Highgate Selectboard:         Brian Rowell; Henry M. Rainville

Library:            Renée Kane, Chair of Trustees;

                                    Susan Collins; Shelley Robtoy; Dorcas Suitor;

 Katherine Winchester.

            Recreation:     Betsy Fournier, Chairman; Rene G. Fournier; Mary

Metayer; Elaine Colan; Teresa Fournier, Treasurer;

Linda Cross; Dee Raleigh

            Insurance:       Andy Finelli – The Allen Agency

            Selectboard Chairman, Mr. Garrett called the meeting to order at 7:03 p.m.

1.                  2007 INFORMATIONAL MEETING – Following discussion, Mrs. Holbrook

moved that the Selectboard move the Town’s informational meeting, historically held on the eve of its Town Meeting, to one week prior –  Monday, February 26, 2007 at 7 p.m. at the Swanton Village Complex -- to allow more time for voters to digest information provided.  The Swanton Complex was chosen due to its capacity for a live cable feed of the meeting.  Mr. Billado seconded the motion with it carried unanimously.

2.         SWANTON HISTORIAN.        Mr. Thompson advised that Swanton has no formally designated Swanton Historian. Ron Kilburn had volunteered for the position on an honorary, unpaid basis.  Mr. Thompson has typically sent people to Mr. Kilburn in the past in an official capacity.  Mr. Kilburn has offered to write a summary of tasks for the Selectboard’s benefit if requested.  The Selectboard discussed a response time that would allow people other than Mr. Kilburn an opportunity to volunteer.  Mr. Garrett directed Mr. Thompson to run an ad (once each week for two weeks) in the St. Albans Messenger to elicit interest before the end of January, when a decision would go in the 2006 Town Report.  The Selectboard chairman offered that perhaps two to three people might serve the role as a committee.

3.      MISSISQUOI VALLEY RESCUE (MVR) – 2007 BUDGET DISCUSSION

WITH HIGHGATE SELECTBOARD.    The Selectboard reviewed MVR’s

proposed budget for 2007 with David St. Pierre and the rescue squad’s CPA, Laurie Rossi.  Two Highgate Selectboard members and other MVR staff members and volunteers were present as listed at the start of these minutes.  MVR is requesting a total of $130,600 for 2007 v. $131,300 for 2006, for which Swanton assumes 65% for a proposed $84,890 share in 2007.

            Mr. St. Pierre acknowledged that Highgate and Swanton had unofficially asked MVR to keep its operating capital under $60K, but said they couldn’t.  He explained that the squad hopes to apply an excess over $60K to rebuild its heavy rescue truck in 2007 – a job estimated from $45K-$50K.  He said Jon Barrette is ordering a new truck within “a couple of days”.  Excess money would also be used for portable radios, in response to the Dept. of Homeland Security (DHS)’s concern over equipment inoperabilities.  MVR’s current radios are obsolete, he said.  The squad needs portable radios for everyone, according to DHS standards.  He said that pagers and portable radios are similar in both their cost and function.  MVR proposes a 2% increase in wages. 

            MVR’s income for 2006 was $471,878 vs. 2005’s $318,308.  An amount of $323,100 is predicted for 2007.  MVR tries to trace a norm for income from year to year based on calls and billing averages.  They received $206K for billings in 2006 so far, a 71% return – a very good percentage for the industry, Mr. St. Pierre said.  Based on previous arrangements with Highgate and Swanton, MVR bills four to five months and then writes off uncollected amounts.  Mr. St. Pierre said MVR has increased its rates to be in the ballpark with industry rates for the area.  Mrs. Rossi corrected a figure supplied for Heavy Rescue billings:  $118,000 belongs instead under “Community Support – Ambulance Replacement.

            Discussion of disbursements and receipts figures.  Mr. St. Pierre said MVR has 1 salaried, 2 hourly, and 1 part-timer totaling 4 full-time employees. All full-time staff are also volunteers.  There are 21 volunteers under contract labor.  He said employee pay does not affect stipends set at $10 a call.  Mr. Garrett challenged MVR to raise its rate for volunteer stipends.  The squad answered 901 calls in 2006. 

            Mr. St. Pierre said that Workers Comp for MVR had stayed at the same rate, with no incidents over 2006.  The figure for workers comp is over, however, because in 2006 MVR went over on its payroll, so they had to pay the difference.

            Communications’ figure is higher due to anticipated systems upgrade.

            Professional services are broken down by accounting, billing, dispatching and legal.  Mr. St. Pierre said that 40% returns from Swanton and Highgate are now due to St. Albans City Dispatch.  He said MVR’s current ambulance should be able to go another 2-3 years before replacement. 

            Mr. Garrett asked about establishing a capital equipment replacement fund.  Mr. St. Pierre said MVR had tried to do so each year but would definitely be discussing it more for 2008.  If 2007 proves a good billing year, he said, money could go towards a replacement fund to help defray Swanton and Highgate Towns’ portions.   Mr. St. Pierre said that MVR has reused a box on a new ambulance chassis but not found it worth the savings compared to a “one-time mount.”  He said that any money received from DHS would be tagged for communications “recom” – rebuilding inoperable frequencies for both UHF/VHF using towers.   

            Agency reports such as MVR’s are due to the Town before Wednesday, January 24, 2007, for inclusion in the 2006 Town Report.

4.      SWANTON PUBLIC LIBRARY TRUSTEES – 2007 BUDGET.   The

Selectboard reviewed the library’s 2007 budget proposed by its trustees, with those present noted above at the beginning of these minutes.   The group discussed the application of a trust amount of $15K – which in understanding with last year’s Selectboard, trustees had compromised and used $10,500 to better preserve principal.  It was noted that for the Vera Cline and Leland Parizo Estates trusts, only their interest was accessible to the library. 

            Mr. Garrett proposed that the trustees take 50/50 out of the smaller estates accounts to allow the Trustees Account to grow more.  Mrs. Kane said they will check with the library’s banker on the allowance of such a strategy, and report back to the Selectboard.

            Miscellaneous library expenses have expanded to two more line items:  programming and building fund.

            Electrical costs anticipate ventilation fans and heat tape proposed as a remedy for structural repair matters discussed over the past year.

            Mrs. Kane said the trustees are looking at quotes to repair the library’s front pillars.  Although they are “cosmetic” and not structurally supportive, any remedy must include the impact of marble structure underneath the pillars, and a massive infestation of bees within them.  Grants are a possibility.  One pillar has been repaired, but the marble underneath was left unattended; concrete also is cracking and heaving at the base.

            Trustees justified the use and structural protection of a side door to the building, in response to challenges raised by Mrs. Holbrook.  The alternate entrance helps contain noise and foot traffic in the central lobby, directing parties to downstairs locations for separate functions. 

            The library’s repair issues necessitate another separate article in this year’s ballot.  Although $15K was designated in 2006, only $3K has yet been expended – yet insulation remedies require a sizable amount again for 2007.  Contractor Neal Speer is due to advise the Town on an estimate to include in the article which shall include insulation, heat tape, and box fans on a thermostat outlet.  The trustees expressed their hope that the repairs effect long-term solutions to the damages reviewed by the original contractor and architect during 2006.  Everyone acknowledged thanksgiving for the warm winter experienced so far this season; however, if there is a significant storm before repairs take place, Mr. Thompson said he’d have to install a fan temporarily to ward ice build-up.  Mr. Garrett cited that the trustees’ building fund figure should really be six- to eight-times over the $500 currently allotted.  Mrs. Kane said they’d try to address it once their questions on applications of trust monies are answered.

            Salaries cover a Head Librarian, four other staffers, and an accountant.

5.         TOWN INSURANCE – THE ALLEN AGENCY – ANDY FINELLI (EXECUTIVE SESSION).

            Mr. Finelli was present to discuss Town Insurance needs for 2007 with the Selectboard and to present his firm’s proposal.  Mr. Billado moved that the Selectboard enter Executive Session to discuss contractual matters with the proposed insurer.  Mrs. Holbrook seconded the motion, which was carried unanimously.  The Selectboard moved into Executive Session at 8:22 p.m.

            Mr. Billado moved to exit Executive Session, seconded by Mrs. Holbrook and carried unanimously.  The Selectboard exited Executive Session at 9:02 p.m.

            Results:  The Selectboard met with Mr. Finelli to discuss insurance matters and will continue discussion with him at a special selectboard meeting set for Wed. 1/10/07 at 6:30 p.m.

6.         RECREATION COMMISSION.           Betsy Fournier is now the group’s chairman.  She was present with other commission members and staff listed at the beginning of these minutes.  Rene G. Fournier was present as past chairman to present matters in the transition.  The Recreation Commission seeks $127,475 for its 2007 budget.  2006 Actual was $129,083.85, overspent from 2006 proposed for $123,650.    There was much discussion concerning the strategy of rollover money, presently $12,948.48.  It was finally determined that the rollover amount would be applied to lessen the Town’s share for 2007.  ($81,020  - $12,948.48 = $69,571.52.)  This amount shall be rounded up to $69,573.

            Mrs. Holbrook elicited discussion regarding basketball-related expenses in connection with Mini Metro’s, citing that it is “not a community project.”  Recreation members justify the expense due to exclusion and affordability prohibitions to town youngsters if there is no allotment. 

            The RC experienced a drop in income from its food booth this year due to an extraordinary rainy season.  Major increases in its budget are health insurance, which can’t be controlled, and a raise in payroll by $5K to cover extra help with the ball park in 2007.

7.         RECREATION COMMISSION – EXECUTIVE SESSION – REAL ESTATE MATTER.         Mr. Billado moved that the Selectboard enter Executive Session with the Recreation Commission to discuss real estate.  Mrs. Holbrook seconded the motion, with it carried unanimously.

            The Selectboard moved into Executive Session at 9:38 p.m.

            Mr. Billado moved to exit Executive Session, seconded by Mrs. Holbrook and carried unanimously.  The Selectboard exited Executive Session at 10:02 p.m.

            Results:  The Selectboard will meet again with the Recreation Commission and Frank & Sandy Read of Georgia, VT at a special meeting of the selectboard on 1/9/07 at 6:00 p.m.

8.                  CORRESPONDENCE AND OTHER BUSINESS.

a)                  Review of proposed language for 2006 Report dedication to former selectman, Leonard Dubois.

b)                  Review of Mr. Thompson’s 12/28/06 letter to five landowners affected by work on Swanton Hill Road under an anticipated AOT Bridge and Structures Grant, with work scheduled for June-July 2007 and consisting of the installation of a 6’ x 7’ box culvert at the stream crossing Swanton Hill Road and raising of the roadway approximately 4 feet for a length of approximately 1,100 feet.

c)                  In light of recent news reports concerning Hungerford Brook, Rock River and Missisquoi Bay remediation, Mr. Thompson supplied material gathered from his last meeting of the Missisquoi Bay Watershed Council (12/12/06).

d)                  Review of 12/28/06 letter over selectboard chairman Harold Garrett’s signature to Cianbro’s Scott Tierney regarding placement for stone removed from the Missisquoi Bay Bridge causeway project, which the Town can put to use.  Warren Fournier has been appointed as contact person to coordinate the effort with Cianbro.  Ron Case of Champlain Street has agreed to store the stone on the Cases’ property.

e)                  Mr. Thompson advised that Channel 16 is looking for a representative from Swanton to be on its Board of Directors next meeting on 1/18/07.

f)                    Discussion regarding contact from Bill Johnson of Property Valuation & Review, VT Dept. of Taxes concerning Act 60 and tax stabilization agreements that may have expired.  None currently affect Swanton.

g)                  Mr. Thompson advised that the Swanton School Board target the regular Selectboard meeting of 2/20/07 to make their budget presentation.

h)                  Review of 2006 statistics on police/arrest activity supplied by VT State Police Lt. Robert Evans.

i)                    Confirmation of times for upcoming Selectboard & Joint Legislative Body meetings:

9 a.m  1/9 – VLCT/PACIF Review

6 p.m. 1/9 – Real Estate Discussion – Recreation Commission & Frank & Sandy Read of Georgia, VT

6:30 p.m. 1/10 – Insurance Discussion – Allen Agency (A. Finelli)

7:00 p.m. 1/10 – Joint Legislative Body meeting – Fit & Healthy Kids Committee, and more.

j)                    Mr. Thompson advised that Randolph, Fairhaven and now Richford are in touch with the State about the possibility of a new work camp in their municipalities.  If Richford hosts the work camp, Swanton would still be able to qualify for labor benefits, being within a 25-mile radius.

k)                  Mr. Thompson told the Selectboard that the Planning Commission had just recently denied the Reads’ site plan review concerning the former Swanton Packing site.  Formal notice of the decision will be sent to the Reads by certified mail on 1/3/07.

9.         MINUTES OF 12/5/06 AND SPECIAL 12/12/06 SELECTBOARD MEETINGS.

            Mr. Billado moved that the Selectboard approve the minutes for the above-cited meetings as recorded.  Mrs. Holbrook seconded the motion with it carried unanimously.

10.       HOAGUE PROPERTY – FADDEN ROAD.   Mr. Garrett said he had met with Jeanette Hoague who has agreed to swap land with the Town to straighten Fadden Road.  It’s being surveyed now.  It needs wetlands research, concerning which Mr. Thompson has been trying to reach Peter Spear, without any success to date.

11.       ADJOURN.      Mr. Billado moved to adjourn the Selectboard meeting, seconded by Mrs. Holbrook and carried unanimously.  There being no further business at hand, Chairman Garrett adjourned the meeting at 10:10 p.m.

Typed on January 5, 2007

Minutes by Leigh Smith

Received and Filed by 

______________________________    ________________________________

Doris H. Raleigh, Town Clerk                         Date 

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2006 Selectboard Meeting Minutes Archive