2006 SELECTBOARD ARCHIVE OF MINUTES

1. Call Meeting to Order
2. Guests

   Ruth Wallman-Lake Champlain Islands Chamber of Commerce

   Annual Report

3. Minutes of November 6, 2006

   Review/Discussion/Approval

4. Public Works Foreman
5. Water
6. Cemetery Commission

7. Insurance Policy Revisions-Claudine & Jeff Williams

8. Town web site discussion
9. Town Report Selectboard Narrative
10. 2007-2008 Budget
11. Bills/Budget
12. Correspondence

    VLCT Memo regarding FY08 dues

    VLCT Memo regarding complaint filed against Blue Cross Blue Shield

    Blue Cross Blue Shield letter dated November 15, 2006

    State of Vermont Department of Health, Health Officer confirmation letter

    VLCT Memo re: 2007 Health Trust Health Insurance Renewal

13. New Business
14. Old Business

    Town Hall Vote

15. Executive Session (if necessary)
16. Adjournment

DRAFT

MINUTES OF MEETING

SELECTBOARD MEETING

MONDAY, NOVEMBER 6, 2006 

ATTENDEES:

Larry Dupont                            Marie Kilbride                          Walter Page

Joe Poquette                            Jeff Potvin                                Kevin Daignault

Ruth Miller 

INVITED GUESTS:

Brian Costello                           Chip Porter                              Kathy Richeleau

Claudine Williams 

GUESTS:

Ken Bassett                              Jim Giroux                                Tracy Giroux

David Jacobs                            Paula Knight                             Jack Miller                  

Eileen Mitchell                         Ann Porter                               Karl Raacke                

Alison Rogers                           Ira Trombley                            Bart Wilcox 

Call Meeting to Order:

Co-Chair, Marie Kilbride, called the meeting to order at 7 PM. 

Guests:

Brian Costello-Island Line Steering Committee:

Brian was recognized and outlined improvements to the bicycle routes through the Islands from South Hero to the Canadian border.  He indicated the Steering Committee has representatives from all the towns along the route and the Committee came up with recommendations brought before the Selectboards of all four towns which were endorsed by the towns.  The recommendations were then studied further by Committee to come up with more specific routes.  The three routes originally studied included the existing Champlain Bikeways; the second was the old railbed to see if there is any potential for using segments of it; and the third was a combination of on road and off road routes.  With the endorsement of all four towns, the Committee members approached a significant number of owners of the old railbed and very little potential for development of individual sections of the railbed was revealed.  Other alternatives were then studied specific to North Hero and the Committee looked at the existing natural resources in the town, as well as the desire to offer alternatives.  The alternative endorsed by the Steering Committee would connect three of the existing natural areas in the southern part of town.  This included the area west on South End Road with a connection south from there to the state owned property at Bow & Arrow Point and then north along West Shore Road, continuing along Pelots Point Road to the Pelots Point Natural Area and a connection back along Station Road to the village.   

Walter Page advised he had spent time with Brian discussing this proposal and he had concerns relating to large numbers of bicyclists riding down Pelots Point Road and

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 intermingling with traffic on a narrow road.  Brian further indicated that the Bicycle Ferry brings 12 to 18 riders at a time.  Another loop would be from South Alburg around to the Dunes State Park over to North Hero and winding over to Lakeview Drive up to the State Park and then back over Bridge Road.  Marie Kilbride felt that efforts to get bicyclists off Route 2 would probably save lives, in that it is probably a more heavily trafficked and faster traffic area.  Walter expressed concern in that people who reside along the routes have not been contacted for their input.   

Larry Dupont expressed concern for taking the bicyclists off Route 2 in that the route is the straightest road on the Islands.  He also questioned bicyclists being on Pelots Point Road, a narrow side road and the town park at Pelots being shared with the bicyclists.  He then questioned if public bathrooms would then have to be provided.  The people residing on Bow & Arrow Point have indicated their concerns and absolutely do not want the route to go down to their area.  Larry also pointed out that with a boy’s camp on Abnaki Road, the traffic can be backed up through the whole area when parents are picking up or dropping off children.   

Brian Costello then indicated he is asking for endorsement of the recommendations of the Committee so they can then take the project to the next step of going to a consultant to have him look at the routes and come up with specific improvements such as signage.  He would also meet with a traffic planning professional to come up with recommendations to be considered further for inclusion into the existing Champlain bikeways route.   

Walter Page indicated he would make a motion to endorse the proposed bikeways so the Board can vote on it and Jeff Potvin seconded the motion.  Larry Dupont offered an amendment to the motion that the southern portion to Bow & Arrow Point and the northern portion to Pelots Point be removed as both are dead end routes.  There being no further discussion, the motion as amended was unanimously approved (5-0). 

Brian then questioned if he could then proceed with a study to address improvements to Route 2, as well as existing routes, and come back with recommendations pertaining to safety.   The Board agreed to his proceeding with the study. 

Claudine Williams-Insurance Policy Review:

Claudine introduced her colleague, Kathleen Richeleau.  She then proceeded to review the proposed insurance policy for the policy term 11/15/06 to 11/15/07 (see attached).  It was noted a public official’s liability policy which includes employment practices liability (wrongful termination, discrimination, harassment) insurance is not included.  Approximately 65% of claims against boards are for employment practices liability.  An employee manual must be provided in order to obtain this coverage and it was noted the Town Clerk is currently working on a manual so this option would be available to the

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town.  The Board members expressed interest in obtaining a quote on this coverage.  The total estimated premium is $41,764, which is about $200 more than last year’s policy.  Claudine advised a Board member could sign the quote and any changes could be made after the fact, but the policy needs to be bound by the 14^th of November.  Walter Page made a motion to have Marie Kilbride sign on behalf of the Board and Joe Poquette placed a second.  All members were in agreement.  Insurance coverage will be addressed again at the next meeting of the Board.

Chip Porter-Chair, Board of Adjustment:

Marie Kilbride noted that a letter had been forwarded to Chip from Larry Dupont requesting Chip to appear before the Selectboard.  A notice was received by the Co-Chairs of the Selectboard indicating that the Board of Adjustment (BOA) will be seeking legal counsel pertaining to an appeal of a decision made by the Zoning Administrator.  Chip read his statement into the record indicating “his dismay at the tone of the summons to the Selectboard meeting”.  He noted “it is important for the Town boards to work together.  If it was not the intent of the Selectboard to be disrespectful of the Chair and members of the Board of Adjustment, then this matter may not be pursued any further”.  He further indicated “the Board of Adjustment has acted properly and within its statutory authority.  The Board has acted to insure that the best interest of the Town and the applicant are served by rendering a complete and correct decision, as well as a legal one.  The Board has tried to maintain good lines of communication with you.  The Board of Adjustment has received two requests from Hero’s Welcome as represented by Joe Bauer; an appeal of the Zoning Administrator’s decision and a request for a modification of an existing conditional use.  Those hearings are scheduled to begin this Thursday.  The matters are complicated and involved.  As a result, the Board voted unanimously to retain Richard Whittlesey in this matter in accordance with State Statute.  As a courtesy, I advised the Selectboard that we would be seeking counsel.  We believe it is important to provide the Town and the applicant with a complete and well rendered decision.  I can discuss some of the procedural issues with you tonight.  By law, I am unable to discuss the merits of either application and specifically cannot do so with the Selectboard because you are a party of interest.”   

Walter Page advised the question of Board’s pursuing legal counsel has arisen in the past and Chip advised that what makes this unusual, is that since 1971 this is the first time the Board of Adjustment has sought legal counsel.  He added that some decisions have been appealed and in those incidences the Selectboard hired legal counsel.  He also pointed out that most zoning boards hire legal counsel to address every decision and he felt the Board of Adjustment has acted properly.  Joe Poquette questioned if Chip felt the appeal wouldn’t be able to follow the normal channels to get through the BOA without an attorney present and Chip indicated his Board had voted 7-0 to hire counsel because they feel the issues are complicated enough that they want to make sure they get it right.  A discussion was then held regarding the time line of the appeal and the BOA seeking legal

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counsel.  Chip stressed again that he feels the BOA has acted properly and that it’s trying to insure the best interest of the town and the applicant.   

Minutes of October 16, 2006, Review/Discussion/Approval:

Jeff Potvin made a motion to approve the minutes of October 16, 2006 and Joe Poquette seconded the motion.   

Page 5, paragraph 7, Walter Page informed that North Hero does not have a town charter and very few towns do have a charter.  The plus side of having a town charter if you think you want to make changes in what you are allowed to do under State Statute, if a charter is in place you’re a year ahead because then all you have to do is get the town’s approval for amendment to the charter and it then gets processed through the legislature and through the executive branch.  He pointed out that with the situation that exists with Listers, etc., a charter may be something that they would consider bringing to the town at the March meeting.  Walter also indicated he will be speaking with Attorney Paul Gillies concerning this same topic.  There being no further discussion, the minutes were approved (5-0) on a voice vote. 

Public Works Foreman:

            Roger Collins, water problem 168 Bridge Road:

Marie Kilbride advised an email had been received from Roger Collins regarding a water problem that exists on his property on Bridge Road.  Kevin Daignault advised he has been trying to get the Fire Department to flush the two culverts, which he believes will take care of the water on Roger’s lawn.  He has cleaned out the ditch and feels the culvert cannot be dropped and once the culvert is cleaned out the water should flow through.   

Kevin then advised the paving on Pelots Point Road and Abnaki Road has been completed and he and Robin are in the process of doing the shoulders at the current time. 

Kevin also indicated he needs two tires for the driver’s side of the big truck.  Joe felt it reasonable to purchase two recap tires to get through the winter with that truck, and the Board should really consider replacing the truck.  It was noted that the tires on the one-ton truck will probably get them through half of the winter.  

South Hero is to get back to Kevin after their meeting this date regarding roadside mowing. 

Kevin advised he met with Mike Smith this date regarding the rip-rap job on South End Road.  Mike does not believe a permit is necessary from the Army Corps of Engineers because no work would occur in the water, but would be conducted above the high water mark.  A letter of confirmation is needed before proceeding with the job.

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Water:

Joe Poquette advised the line replacement by Log Cabin Lane on Route 2 has been completed, as well as the section by Beaver Creek. 

Revision Resolution calling for repeal of VT statewide property tax:

Marie Kilbride advised she had asked for a change in the resolution with “so that” being deleted and “and” being inserted, but she now felt the sentence didn’t make sense.  Walter Page questioned where the resolution came from and was advised it was from the Vermont Coalition of Municipalities.  They had sent it around to Boards throughout the State asking them to vote to approve it or not.  They did not ask the Board to vote on a revised resolution and send it back.  Marie advised she didn’t have a problem with the content of it, but merely the organizational aspects of it.  She further indicated she would be happy to sign it if a couple of words got changed.  Larry Dupont made a motion that the Board accept the new revision to the resolution calling for the repeal of the Vermont statewide property tax and Joe Poquette seconded the motion.  On a voice vote the Board approved the resolution as revised (4-1).  Walter Page voted “nay”. 

Discussion-State statute regarding trash burning:

Larry Dupont advised he had received a packet of information pertaining to a new State statute, 24 V.S.A. Section 2201 which pertains to trash burning.  He has been asked to put information on the town web site to bring folks up to date on new facts on trash burning.  Joe Poquette questioned who would be enforcing the new laws and Larry Dupont advised they suggested designating an enforcement officer.  What the act did was authorize the towns to enforce it at the local level and Jack Miller advised they had instructed him as Health Officer in the enforcement of the law.  Jack reminded they are getting strict with trash burning and the only burning allowed now is of brush and leaves.  Jack is to report back at a future meeting. 

Historical Society Tax Exemption status on building:

Ruth Miller advised she had received a telephone call from Roger Kilbourne at Property Valuation advising there was a 10-year certificate of exemption issued for the Historical Society, which ran out in June of 2006.  Roger advised that the Selectboard should determine if they want to put this back on the ballot at the March meeting for voter approval.  If the Board should feel they need to pay property taxes, the property is valued at $206,000.  Tracy Giroux advised she had a letter from the Historical Society requesting the official warning for the March 2007 Town Meeting include an article which reads, “Will the voters of North Hero continue to authorize the Selectboard to make the North Hero Historical Society exempt from property tax”.   Marie Kilbride advised she had called Terry Knight at Property Valuation and Review to ask questions about the period of time desirable and if this is something the Board decides or if the voters decide.  Terry indicated if it is like the case under consideration such as the American Museum of Fly Fishing, the Historical Society property by definition could be tax exempt and suggested

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Marie call Suzanne Monty, the Assistant Attorney General for the Department of Taxes, Property Valuation & Review.  Marie spoke with her and she suggested the case law around the American Museum of Fly Fishing sets up three criteria for determining whether the property of a non-profit is exempt.  Suzanne strongly recommended that Marie contact a town attorney to see if this sort of application on behalf of the North Hero Historical Society is in fact something they should be doing or if it is something that should be put on the ballot.  Marie then made a recommendation that she contact Paul Gillies for advice.  Joe Poquette felt whatever is the simplest should be pursued. 

Bills/Budget:

Bills and attached warrant were circulated for approval.  Joe Poquette asked that a letter of request be received from the Fire Department for their annual allocation.   

Correspondence:

A memo was received from VLCT regarding the status report on the 2007 Blue Cross Blue Shield Health Insurance rates.  It was noted that an average increase of 36% is expected.  Claudine Williams advised there are other markets available for health coverage and she was asked to research this further and report back to the Board 

The State of Vermont Department of Taxes reappraisal evaluation – 2006 equalization study was received through the Board of Listers and on the three equity measures the Department looks at following reappraisal, North Hero has been deemed acceptable. 

VLCT Memo-Preliminary Unemployment Rate Assessment for 2007:

At the annual meeting of the membership earlier in October, it was announced the rates effective January 1, 2007 would remain stable. 

Andrew Crossman letter-Revolt, Act 60/68:

A letter was received from Andrew Crossman, a member of the Selectboard in the town of Plymouth, urging an article be voted on at March meeting to withhold money from the state. 

VLCT Health Trust, Inc., Annual Meeting Announcement:

17^th Annual Meeting announcement of the membership of the VLCT Health Trust to be held on Friday, November 17, 2006 at the Stoweflake Resort in Stowe. 

Thank you from Cecile Myott Family gratefully acknowledging and thanking you for the flowers and kind expressions of sympathy. 

New Business:

None

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Old Business:

Walter Page distributed information responding to questions previously asked, which included a bid estimate from KR Adams for construction of a new town office and an estimate for tearing down and removal of the Community Hall from the site, (received via a telephone call) which came in at $59,900 from Hodgdon Bros. in Swanton. 

Executive Session:

Joe Poquette made a motion to enter into Executive Session for a personnel issue at 9:10 PM and Larry Dupont seconded the motion.   

Jeff Potvin made a motion to come out of Executive Session at 10:15 PM and Joe Poquette seconded the motion.  No action is necessary following the session. 

Adjournment:

Jeff Potvin made a motion to adjourn at 10:16 PM and Joe Poquette seconded the motion.  The meeting adjourned.

Respectfully submitted,

DRAFT

MINUTES OF MEETING

SELECTBOARD MEETING

MONDAY, OCTOBER 16 2006

ATTENDEES:

Marie Kilbride                          Larry Dupont                            Walter Page

Joe Poquette                            Jeff Potvin                                Kevin Daignault

Ruth Miller

INVITED GUESTS:

Mike Elwell                              Ross Hamilton                          Bill Hinman

John Lambert

GUESTS:

Bruce Batchelder                      Skip Dorwaldt                          Jim Giroux

Tracy Giroux                            Mary Jane Healy                      David Jacobs               

Paula Knight                             Jack Miller                               Eileen Mitchell

Karl Raacke

Call Meeting to Order:

Co-Chair, Larry Dupont, called the meeting to order at 7 PM.

Mike Elwell-Northwest VT Solid Waste District:

Mike gave an overview of the building project that will be put before the voters of the District on November 7^th, which will authorize the District to borrow up to $1,060,000 for a new recycling facility in Georgia. 

Bill Hinman-Long Term Contract approval:

Bill presented his Assessor Agreement for a term from October 1, 2006 and ending March 1, 2007.  Walter Page made a motion to sign the contract as written and Joe Poquette placed a second.  It was noted the Board of Listers had written a recommendation to the Selectboard that Hinman Associates be contracted.  On a voice vote the contract was unanimously approved (5-0) and the contract was signed.

Ross Hamilton-Emergency Management Director:

Ross advised he has served as Emergency Management Director (EMD) for North Hero for the past two years.  He then reminded that Skip Dorwaldt is the Deputy Emergency Management Director and went on to outline the purpose of an EMD and the training involved.  He noted that ever since the ice storm, the Islands have been a role model for VT.  As the Islands already have Fire Departments, Rescue Squads and Police that talk to each other on a regular basis, EMDs hesitate to get involved at that level.   The Islands are in a unique situation and as EMDs, they realize it.  They are more pointed toward organizing government aid, Red Cross, transportation, food and shelter.  EMDs would be the ones to call on for resources from outside the county and are prepared to designate and staff a Command Center.  A Rapid Response Plan has been formulated for North

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Hero in the past and a draft of an Emergency Management Phone Tree was circulated.  Any suggested changes are welcome and should be forwarded to the Town Clerk.  Ross then indicated North Hero will probably never be ready for every type of emergency, but will be as prepared as can be and added he felt North Hero is about halfway there and gaining and is probably the best prepared of the Islands.

John Lambert-Zoning Fees:

John advised he had changes to the zoning fees that have been discussed at the Planning Commission level; namely, the accessory building fee is recommended to be reduced to $50 for the first 100 square feet and anything beyond that would be an additional $.20 a square foot.  He then informed that the Appeals fee was not addressed.  It was $50, but the Planning Commission recommends a fee of $100, which includes appeals only at the Town level.  Marie Kilbride made a motion to approve the fee changes and Joe Poquette placed a second.  On a voice vote the motion was unanimously approved (5-0).

                        -Zoning Bylaws, Section 240 approval:

John informed that off island district, Section 240 of the Zoning Bylaws, was being treated differently than the remainder of the Town, in that at the current time if you are a resident of Butler Island and you wished to acquire a building permit, you would have to go before the Board of Adjustment automatically.  The proposed change would not make the hearing before the Board necessary, as long as the set backs could be met.  John pointed out that every time a property owner would desire to make a change, the Zoning Administrator would have to go out to the Island and post a notice on the property.  Once the variance was obtained, another trip would have to be made to post the building permit and then a trip for inspection for a certificate of compliance.  If there was a septic issue, yet another visit would have to be made for a septic certificate of compliance.  The proposed change would eliminate B. of Section 240, “No development or construction without a conditional use permit from the Board of Adjustment”. 

He advised the Planning Commission has already had a hearing regarding this issue and the Commission has approved the change.  It is now being presented to the Selectboard for approval to be warned for a public hearing and then final approval by the Selectboard.  Joe Poquette made a motion to warn the recommended change and Jeff Potvin seconded the motion.  On a voice vote approval was unanimous (5-0).

                        -Regional Planning Commission:

John then gave a brief overview on what the Northwest Regional Planning Commission does to serve the communities of Franklin and Grand Isle Counties.   

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Larry Dupont advised he had been filling the position of TAC representative and it was impossible for him to attend their meetings held on Thursdays.  He asked John if he would bring a recommendation to the Board for someone to serve in that capacity. 

Minutes of October 2, 2006, Review/Discussion/Approval:

On page 2, paragraph 2, Walter advised he had met with Brian Costello and they had reviewed the status of the Islands Steering Committee and in closing Walter had suggested Brian not attend the meeting of the Selectboard on October 16^th, but did ask him to attend the next meeting to be held November 6^th.   

Page 2, paragraph 3, Joe Poquette advised Mike Burke had delivered a letter advising he had no problem with the roof drains being hooked in.  An in depth letter was received regarding the site visit.  Jim Giroux was advised he could have Joe’s copy of Mike’s report. 

Page 3, paragraph 2, “50,000 in the budget for paving”….  Kevin advised he had a letter from Whitcomb’s advising they could provide a bid on the project, but would not be able to do the actual paving until next spring.  Pike Industries gave a bid and indicated they would start the project within a week to ten days to do the Pelot’s Point and Abnaki Road projects.  The bid from Pike totals $44,844.30 and Joe reminded that is a generalization of their cost as the bid is per ton and if four trucks are on the road to finish the project and the limit is reached, they would not send the trucks back.  He further advised he did inform Kevin it was unacceptable to wait until spring so he should go ahead and get Pike to do it.  The contract does need a signature.  Marie Kilbride made a motion to have Joe sign the contract and Walter Page seconded the motion.  On a voice vote the motion was approved (5-0) and Joe Poquette signed the contract. 

Jeff Potvin made a motion to approve the minutes and Joe Poquette seconded the motion.  The minutes were approved (5-0). 

Public Works Foreman:
Kevin Daignault advised the trees at the Library have been cleaned out. 

The trailer previously stored on the Miller property has been moved to the School. 

Kevin then requested an Executive Session. 

Water:

Joe Poquette advised the new section of pipe on the north end along Route 2 is completed.  He also advised Alburgh is still negotiating with the State on the water project.   

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The new Water Operator started this date and the changeover period is 60 days with the existing company. 

Resolution Calling for the Repeal of the VT Statewide Property Tax:

Larry Dupont advised several resolutions had been forwarded to the Board membership and he felt it was worth placing this on the agenda to discuss.  He then read into the record the latest one received (copy attached), which is not connected to any political party, but was forwarded by the Vermont Coalition of Municipalities.   

Marie Kilbride then reported on her attending the annual Town Meeting of the Vermont League of Cities & Towns approximately 10 days prior.  First on their agenda was wording that would cause the League to bring to the legislature a bill that would eliminate Act 60/68, substituting in its place something that is more workable.  She indicated many towns participated and the vote was not a close vote. 

Marie Kilbride expressed concern with the Resolution in that it seems to put first the repeal of the statewide property tax so that a more fair and equitable mechanism can be developed and it seemed to her that Act 68 “cannot be repealed with nothing to substitute for it”.   

After a further discussion, Joe Poquette made a motion to sign the Resolution and Walter Page seconded the motion.  Jeff Potvin indicated he wanted to find out where the Resolution came from and have the opportunity to ask some questions about it before voting to sign it.  On a voice vote approval was given with 3 members of the Board voting to sign the Resolution.  Jeff Potvin voted “nay” and Marie Kilbride abstained. 

Second Class Liquor License approval – Holiday Harbor Motel:

Joe Poquette made a motion to recess the Selectboard meeting and enter into a meeting of the Liquor Control Board.  Jeff Potvin seconded the motion and the Board entered into a meeting of the Liquor Control Board at 8:14 PM.   

Larry Dupont advised a second class liquor license has been received from Bruce Batchelder for the Holiday Harbor Motel.  Jeff Potvin made a motion to approve the license and Joe Poquette seconded the motion.  There being no discussion, the motion was unanimously approved on a voice vote (5-0).   

Joe Poquette made a motion to come out of Liquor Control at 8:17 PM and Marie Kilbride seconded the motion.  After a unanimous vote, the Selectboard came out of Liquor Control and returned to the scheduled agenda of the Board. 

Budget 2007-2008:

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Larry Dupont advised he had this put on the agenda to begin thinking about working on next year’s budget.  After discussion, it was determined the Board would wait until a little closer to the time to work on the budget and a form letter would be sent to the various Town departments asking for their budget input.  It was determined a work session would be scheduled to occur just prior to a Selectboard meeting to address budgeting.  A request for narratives has been received from the Board of Auditors with a deadline indicated of December 1^st.  Larry Dupont received approval to start a draft narrative from the Board. 

Bills/Budget:   

Bills and attached warrant were circulated for approval.   

Ruth Miller expressed concern regarding the number of windows being repaired and painted at Camp Ingalls.  Discussion ensued about the possibility of adding windows to the east side of the building allowing for ventilation.  Joe Poquette suggested meeting with the members of their Committee to review their plans at some point in the future. 

Informational Brochure approval:

Walter Page made a motion to deal with the brochure in a working session at the end of the meeting as he felt it would take some time to review.  Joe Poquette seconded the motion which was unanimously approved (5-0). 

Correspondence:

VT Public Interest Research Group:A letter was received pertaining to mercury exposure in fish.  After discussion it was determined the Fish & Game Department do an excellent job and a motion was made to table the request by Jeff Potvin and Joe Poquetee seconded the motion which was approved on a voice vote. 

Champlain Islands Parent-Child Centers:

An informational letter and invitation was received from the Campaign Co-Chairs to a Service Recognition Evening to be held on October 28^th. 

New Business:

Walter Page advised he had had a discussion with Bill Hinman about Listers and Town Charters and he requested permission to determine first if Town Hero has a Town Charter and secondly he would like to pursue a discussion with Paul Gillies as to the merits of town charters.  He further indicated there are issues pertaining to Pelot’s Recreation Area which involve animal issues and leash laws. 

Old Business:

None

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Informational Brochure approval:

A discussion was held regarding the contents of the brochure and all were in agreement that Marie would implement the suggested changes and then email the corrections to the other members of the Board for their approval by October 18th.  Marie Kilbride also distributed a listing of proposed covenants and Board members were asked to add to the list.   

Executive Session (if necessary):

Jeff Potvin made a motion to enter into Executive Session at 9:20 PM  and Marie Kilbride seconded the motion.  The motion was approved to go into Executive Session for a personnel matter. 

Walter Page made a motion to come out of Executive Session at 10 PM and Marie Kilbride seconded the motion.  No action is to be taken as a result of Executive Session. 

Adjournment:

Joe Poquette made a motion to adjourn and Jeff Potvin seconded the motion.  The meeting adjourned at 10:02 PM.

Respectfully submitted, 

DRAFT

MINUTES OF MEETING

SELECTBOARD MEETING

MONDAY, OCTOBER 2, 2006

ATTENDEES:

Marie Kilbride                          Walter Page                             Joe Poquette
Jeff Potvin                                Kevin Daignault                        Ruth Miller 

ABSENT:
Larry Dupont 

INVITED GUESTS:
Gordon Lowe                           Roger Poquette                        Carol Poquette
Louis Dorwaldt, Jr.                   Dwayne Cormier                      Paula Knight 

GUESTS:
See attached list. 

Call Meeting to Order:
Co-Chair, Marie Kilbride, called the meeting to order at 7 PM. 

Gordon Lowe – Presentations:
Walter Page presented Gordon with a plaque and a personalized letter signed by the members of the Selectboard recognizing his many years of dedicated service to the Town of North Hero.   

Bill Hinman – Long Term Contract approval:
Marie then advised Bill Hinman was scheduled for approval of his long term contract.  Walter advised he had spoken with Bill earlier in the day and Bill was unable to attend the Selectboard meeting and he asked that he be put back on the agenda for the next meeting of the Board.  Walter further advised he had spoken with Bill about costs as specified in the contract.  He then distributed a cost analysis report (copy attached) he had compiled and reviewed it with the Board.  It would appear that ballpark figures over a four-year cycle with including one reappraisal would be comparable.  He also pointed out that cost is not the only reason a contract is being discussed with Bill.   

Another issue is whether or not the Board would want to contract with Bill through the end of the fiscal year or do one through the end of March and revisit the issue at that  time.  Aside from the cost issue, Walter expressed the thought that the days of lay people from the community serving as Listers are really gone.  He did point out the current Board of Listers is recommending Hinman & Associates be contracted as the town assessor.  He also noted that other towns have opted to change their charters and not utilize Listers, but hire assessors.  After further discussion, it was determined the Board would like to have Bill meet with them at their next meeting and address the contract at that time. 

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A further discussion ensued regarding the current year budget and funds that would be available for payment of the contract.  Joe Poquette asked if there was a deficit or a surplus at the end of the fiscal year and Ruth Miller advised there was a surplus, but she didn’t have the figure with her at the meeting.  Joe then reminded that a budget is really just a guideline and legally the town does not have the right to have a savings account.  Walter felt that a great deal of attention needs to be paid in constructing the budget for the next fiscal year.   

Brian Costello – Island Line Steering Committee Recommendations:
Walter Page advised Brian is not attending the meeting, largely because he was asked not to attend.  Definitive statements have not yet been received from Brian as to what his Committee is recommending.  The recommendations received came out of a meeting where they did not have a quorum and the map forwarded through email has errors in it.  Walter then advised there are several reasons why he felt Brian should not be presenting to the Board and he has arranged a meeting with Brian in the near future to review exactly what it is he thinks the Committee wants to recommend and that it be distributed to the full Board before a meeting.  The issue was tabled until the time of the next meeting. 

Minutes of September 18, 2006, Review/Discussion/Approval:
Walter Page made a motion to accept the minutes and Marie Kilbride seconded the motion.   

On page 3, last paragraph, Joe Poquette questioned if a decision had been made pertaining to the Kenny property water problem or did they agree to wait for a letter from Mike Burke.  Jim Giroux advised he had been informed by Mike he had a water run-off problem and approval had been received to tie his water problem into the surface drains which belong to the town.  Joe then advised he didn’t think there was any way to do any digging into the underground drain without clarification that the digging isn’t in violation of waste water laws.  Joe further advised he is still waiting for a written report back from Mike Burke for further consideration and Joe was asked to contact Mike as to the status of the report. 

There being no further discussion of the minutes, on a voice vote the minutes were unanimously approved (4-0). 

Public Works Foreman:
Vermont Offender Work Programs fees – Kevin Daignault advised the cost per day for the offender program is now $150 per week to mow and trim all the cemeteries and the bill distributed for discussion is actually for a four-week period during the month of July.  Joe Poquette indicated he seemed to remember the fees being minimal for the program and if the fees are now up to that amount, perhaps the town should look into the work

MINUTES OF SELECTBOARD MEETING
OCTOBER 2, 2006
PAGE 3 

being done inhouse or put the mowing out to bid once again.  It was suggested this issue be brought up again when compiling the next budget. 

Kevin then advised two roads in town need resurfacing; namely, the first section of Pelots Point Road and a section of Abnaki Road. Another road that was pointed out as needing attention is North End Road West.  Joe felt the town should notify a paving company of how much money the town has to spend and either then drag shim it and go as far as you can or pick a section of road and get it done.  It was noted there is $50,000 in the budget for paving and apparently it is customary to do paving in September or October.  Jeff Potvin felt Kevin should schedule the work to be done.  Pelots Point Road should have the holes filled ahead of time and the road could then be capped.   Also discussed was the condition of Lakeview Drive, along with ditching and culvert issues in the area.  It was noted a yearly bid is received from paving companies and Kevin advised Whitcomb’s had come in with the best price.  Joe advised it would be a little more expensive to drag shim Abnaki Road.   It was agreed that the sections on Abnaki Road and Pelots will be done, at least as much as the town can afford at the current time.   

Kevin advised he had pulled stumps along West Shore Road and the area now needs to be ditched from Dubuque’s south on the east side.  He anticipates the west side will also have to be ditched once the stumps are pulled there and he feels the job cannot be done with the backhoe. 

Roadside mowing needs to be done for the fall, but the mower on the backhoe isn’t going to get the job done.  Kevin asked if he could rent a mower to do the fall mowing and Joe noted the backhoe did a good job of cutting the brush back on West Shore Road, but it doesn’t work well to do roadside mowing as the ground speed is too fast for the mower.  Joe recommended that a mower be rented for the fall mowing and all were in agreement. 

Kevin then advised the trees at the Town library are scheduled to be trimmed back next Monday. 

Marie Kilbride questioned if there were other guests in the audience who wished to be recognized and Jack Miller indicated he had an issue he would like to present to the Board and pointed out he is researching the cost of a sign to be placed on the North Hero School grounds, much like the one currently at the Grand Isle School.  He advised he would expect to be coming back before the Board at a future meeting with further information.  Along that line, Joe Poquette pointed out the shape the signs are in on both ends of Town and felt this should be addressed.  Ruth Miller reminded that locked display boxes were discussed and approved at one point for posting of town notices, but no follow-up has occurred.  Walter Page asked if Jack would be interested in building the boxes and he indicated he could put something together. 

MINUTES OF SELECTBOARD MEETING
OCTOBER 2, 2006
PAGE 4 

Resignation/Appointment of Fire Warden – Dwayne Cormier:
Dwayne Cormier was recognized and indicated he was in attendance on behalf of the Fire Department, as it was their understanding there was to be an appointment of a Fire Warden.  Marie suggested the agenda be changed to discuss the resignation/appointment of a Fire Warden at that time rather than further down the agenda.  It was noted by Marie Kilbride that Warren (Butch) Robare has submitted a letter of resignation from the Fire Warden position and Butch indicated he has spoken with Todd Keyworth, owner of Harborside Market who would be willing to accept the position.  Dwayne advised he has a handbook for Todd and the Fire Department will work further with him to familiarize him with the Fire Warden duties.  Dwayne also pointed out that four other individuals from the town can be appointed to share the position to cover during Todd’s absence for any given reason.  Ruth Miller advised that Ron Tier and Michael Murdock were two names that had been brought to her attention.  Joe Poquette made a motion to appoint Todd Keyworth to the position and if other individuals such as Ron and Mike are willing to take the appointment, he would recommend their appointment as well.  Jeff seconded the motion and on a voice vote the motion was unanimously approved (4-0).  Dwayne will research other people in the community who would be interested in serving and notify the Board. 

Water:
Jeff Potvin questioned what is occurring with the Alburgh project and Joe advised Alburgh is still involved in meetings with the State.  

Reappointment of Health Officer:
Marie Kilbride advised she had a letter from Jack Miller indicating his interest in serving in the capacity of Health Officer for the next year.  A letter has also been received from the State of Vermont Department of Health advising the town’s Health Officer’s term of office is due to expire on October 31, 2006.  Joe Poquette made a motion to have Jack Miller continue as Health Officer and Jeff Potvin placed a second.  On a voice vote the motion was unanimously approved (4-0). 

Jack then informed he had been to a recent meeting of the Department of Health which addressed the pandemic issue and the officials indicated they need to have the names of alternate members who would represent the Selectboard if the elected official should become incapacitated.  A form will be sent to each Board member asking for the name of a replacement.  The alternate would only act if there was a pandemic situation and the Board member is incapacitated.   

Approval of October 28, 2006 as Informational Meeting date:
Walter Page made a motion to accept October 28^th as the Informational Meeting date and Joe Poquette seconded the motion.  On a voice vote the date was unanimously approved (4-0).

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OCTOBER 2, 2006
PAGE 5 

Official Warning for 11/7/06 election:
Walter Page noted that the corrections noted previously were made and Paul Gillies approved the corrections.  Larry Dupont signed the warning before leaving town.  The warning was signed by the Board members in attendance. 

Informational Brochure:
Walter Page indicated he had quickly reviewed the brochure and commented on the information currently included in that he isn’t sure that level of detail is necessary.  The answers will need to be available at the Informational Meeting, but he isn’t sure it needs to be included in an informational brochure.  Marie reminded the brochure is a “first draft”.  Jeff Potvin felt the level of detail is necessary.  Marie felt the information should be provided, as not everyone will be able to attend the informational meeting and they will be making decisions not fully informed.  However, by including information in a brochure, at least they will have the basic details of the options.  Walter stressed that the question to be answered by the vote is whether or not the voters want to save the Town Hall and that’s why the same numbers are being used on both options.  If that is the case, then he felt the Board should not get into providing a lot of numbers in the brochure which relate to construction costs.  Joe felt the statement included which reads “The Selectboard proposes to do what many families do when they want to buy a house; that is, they decide on how much they can afford to spend and then go out to see what they can get or build for that amount” is an excellent statement.  He did point out that there should be a statement included indicating the previous bond vote isn’t possible to do because of the secondary waste water field, but he felt the brochure in it’s current version is a very good start.   

After further discussion, it was determined the brochure should be ready to mail by mid October.  Walter will email any further comments that he has for consideration.  He stressed this should be seen as an end to a process that was put in place several months ago and whatever direction the voters approve, the process will then proceed in that direction.  Joe reminded the Board will not be able to answer all the questions to everyone’s satisfaction and not everyone will be happy with the answers.   

Jeff Potvin advised he had made inquiry into obtaining the State complex on Station Road and was informed that facility would not be available to the Town.  

Marie will work on a second draft and forward it to Ruth for distribution to the other Board members and approval will be sought at the next Selectboard meeting on the 16^th of October. 

Bills/Budget:
The bills and attached warrant were circulated for approval. 

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OCTOBER 2, 2006
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Correspondence:
Marie Kilbride advised a memo from the Vermont League of Cities & Towns concerning reforming the procedure for funding education in the State of Vermont was received.  They are indicating what is currently in place is a failed system and they are proposing to their membership to restrict the State’s ability to use the property taxes collected for anything other than locally determined education costs; give local voters the tools to provide the best education in the most affordable manner; replace a significant portion of the education property tax with alternate State taxes; assure to the extent that property taxes and the current system are used to fund education and the tax base is as large as possible to keep the tax rates as low as possible; and as long as the State insists on imposing a State property tax to fund education, relieve locals of the obligation to administer it.  A vote of the membership is scheduled for October 5^th at the Barre Municipal Civic Center.  After discussion, it was determined Walter would check his schedule to determine if he can be the delegate from North Hero.  If he cannot attend, Skip Dorwaldt would be approached and if he cannot attend, Marie Kilbride will make arrangements to attend.   

New Business:
None 

Old Business:
Joe questioned if The Johnson Company had been notified to proceed with the fall landfill testing and Ruth verified she had called them. 

Executive Session (if necessary):
None 

Adjournment:
Joe Poquette made a motion to adjourn, Walter Page placed a second and the meeting adjourned at 8:30 PM.

 Respectfully submitted,  

DRAFT

MINUTES OF MEETING

SELECTBOARD MEETING

MONDAY, SEPTEMBER 18, 2006

ATTENDEES:

Larry Dupont                            Marie Kilbride                          Walter Page

Kevin Daignault                        Ruth Miller

GUESTS:

See attached.

Call Meeting to Order:

Larry Dupont, Co-Chair, called the meeting to order at 7 PM.

Guests:

Terry Schaefer, Co-Chair, of the North Hero Water Board was recognized and provided an update of what has been happening within the Water Department.  He advised emergency work has been done on the North End due to high acidity in the soils causing the pipes to be eaten from the outside in, resulting in six water leaks, three of them in the Beaver Creek area, with one of them dumping about 500 gallons a minute.  After repairing two of the three, it was determined at an Emergency Meeting of the Water Board, that 1100 feet of pipe needs to be replaced, which would amount to approximately $30,000 including labor and materials.  Some inquiring was done pertaining to cost of materials and labor and Bushey Excavating was subsequently contracted and they work right out of Poquette’s pit, which reduces travel time.  Other areas which will need to be addressed in the near future include one near Log Cabin Lane and the other on Blockhouse Point Road.

Terry then indicated the Water Board would like to hire a new Water Plant Operator.  Currently Simon’s Operations Systems (SOS) is contracted.   Terry has negotiated with two licensed Class IV applicants for a 40-hour a week position.  Comparing the two applicants dollar-per-dollar and comparing SOS, it turns out that the Water Department would be spending about $5,000 more with an advantage being it would be for 40-hours a week, not as currently done with 20 hours a week.  The current Operator has a Class II operator’s license and the plan is to get a Class IV.  The chosen applicant is an experienced plant operator and the plan is to hire him and severe relations with SOS.  Terry advised he has put together a very descriptive job description and has based the contract on the description.  He then outlined the benefits for the Operator, who would be a Town employee.  It was noted that the Town would pay for the education necessary to maintain a current Operator’s license.  Jack Miller brought up that at the current time, North Hero does not have a licensed waste water individual and Terry explained the filtration system has five backwash tanks and North Hero should have a licensed Operator for that function.  A discussion ensued as to whether or not the Water Board can hire without Selectboard approval.  However, as this was not a warned article on the agenda for this meeting, it was determined this should appear on the next meeting

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SEPTEMBER 18, 2006

PAGE 2

agenda.  In the meanwhile, Terry will review the bylaws and determined if Selectboard  approval is necessary or if the Water Board can approve hiring of a Plant Operator.

The question of water quality, a concern of many water users over the course of the last few weeks, was raised and Terry advised it probably was not due to the leaks that are being dealt with, but believe it is more of a water chemical reaction.  A recent change was made from chlorination to a potassium treatment and what that seems to be doing is trading one problem for another.  It is anticipated an intense flushing will be completed this fall to eliminate the problem.

Larry advised that Bill Hinman was on the agenda for presentation of his long term contract.  The Board of Listers submitted a letter recommending Hinman Associates be contracted for the long term and Larry Dupont read their recommendation into the record (see attached).  Larry then indicated he had met with Bill and gone over his proposed contract questioning what the bottom line would be for cost.  The Town would agree to pay Bill a fixed fee of $4,000 upon signing the contract and $47/hour for up to 156 hours per year and $31.50/hour for the Assistant Assessor for up to 416 hours per year.  Larry did question Bill as to cost for the BCA hearings and Bill indicated an additional $3,000 to $3,500 would be incurred as some of his time is included in the short term contract previously signed.  Walter Page indicated he had reviewed the contract in detail and it was as previously outlined by Bill.  After further discussion, it was felt the contract should be for the term of October 1, 2006 through June 30, 2007 and approval of the Assessor Agreement should be placed on the agenda for the next Selectboard meeting.  The question arose as to whether or not North Hero would have to pay in the future for a townwide reappraisal or if Bill would keep the data up to date.  It was determined Bill is in the Town Office on Monday afternoons preparing for BCA hearings, which begin at 5 p.m., and Board members could meet with him for a few minutes for clarification.

Minutes of August 14, 2006, August 22, 2006, September 7, 2006:

Walter Page made a motion to approve the minutes pertaining to all three dates and Marie Kilbride seconded the motion.  On a voice vote the minutes were approved (3-0).

In reviewing the minutes of August 14, 2006, page 2, paragraph 4, Larry Dupont advised he and Marie had conducted the employee evaluation pertaining to Robin Rousseau.  Page 4, paragraph 3, under the Delinquent Tax Collector report, Marie questioned if a decision had been made to publish delinquent property taxes and delinquent water accounts in the Town Report and Ruth Miller advised it would have to presented back to the Selectboard for further consideration as to placement on the official warning for the March meeting.

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PAGE 3

The minutes of August 22, 2006 were accepted as written with Marie Kilbride noting that given the range of the conversation that was held, she felt “Ruth did a wonderful job in putting this together”. 

The minutes of September 7, 2006, page 2, last paragraph, fourth line from the bottom of the page “Also included should be Mike Dugan’s statement that the cost of putting a Town Office and Town Hall in the same building would be monetarily impossible”.  Using the word “undesirable” or “unfeasible” instead of “impossible” would be more appropriate. 

Public Works Foreman:

Kevin Daignault advised that ditching and culvert repair had been completed at the Sandra Spiegel residence on Bridge Road.  It was noted that Sherry Siebenaler had approached the Town last year about her water problem on Bridge Road and Sue Maple will probably continue to have water problems even following the installation of a culvert. After further discussion, it was decided Joe Poquette and Jeff Potvin should look at the area and try to come up with a solution for the problem area. 

Kevin also advised that the brush has been cut back, the ditches cleaned out and shoulders are being put in on West Shore Road. 

The school generator recently had an internal fire in the circuit boards, which was repaired by Dwayne Cormier.  However, the battery in the generator needs to be replaced.

Water:

Previously discussed under “Guests”.

Kenny property water problem:

Larry Dupont advised Joe Poquette is the individual who was working with Mike Burke on this issue and to date no letter had been received from Mike giving input into the problem.  Jim Giroux advised Mike had indicated it was a water run-off problem and Jim had asked if the water problem could be tied into the surface drains, which belong to the Town. Mike indicated on his visit he would have no problem with that.  Larry indicated that Joe should coordinate with Mike to get a report back for consideration at the next Selectboard meeting.  However, Jim felt it had been almost two months and he really wanted to take care of the drainage problem and would be doing the work himself.  After further discussion, it was felt Jim should be allowed to work on the problem and Walter Page made a motion to allow Jim to lay drainage tiles as described by Mike Burke and Marie Kilbride seconded the motion.  On a voice vote the motion was approved (3-0).

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PAGE 4

Appointment of Cemetery Commissioner:

Larry Dupont noted that Gordon Lowe has resigned from the Cemetery Commission as he is moving to Wake Robin in Shelburne this fall.  The Commission has recommended the appointment of Michael Tranby, who would serve until the time of the March meeting.  Marie Kilbride made a motion to appoint Michael Tranby to the vacancy and Walter Page seconded the motion.  On a voice vote, Michael was unanimously approved as Commissioner (3-0). 

Approval of Landfill Monitoring Well Sampling:

A letter was received from The Johnson Company advising their company is scheduling their fall monitoring well sampling and asked if North Hero wishes this done again this year.  Walter Page made a motion to approve the sampling be done and Marie Kilbride seconded the motion, which was unanimously approved on a voice vote.

Approval of Lease Agreement:

Walter Page made a motion to sign the Lease Agreement pertaining to the Town Office for another year.  Marie Kilbride seconded the motion and the motion was unanimously approved (3-0).  Marie signed the Agreement on behalf of the Town.

Approval of Town Hall access form:

After review (see attached) Marie Kilbride made a motion to approve the access form and Walter Page seconded the motion.  The form was approved on a voice vote (3-0).

Discussion & approval of Official Warning for 11/7/06 election:

Larry Dupont noted that Paul Gillies had been contacted and confirmed his view that “the proposed articles conform to Vermont’s law on bonding and voting.  The form follows 24 V.S.A. Section 1758.  The sole issue is whether the transfer of ownership fits with the construction of a new building.  In the selectboard’s view, the two are inextricably linked, and so the article is proper, because it reflects precisely how the board believes this decision should be made.”    Larry then read into the record the articles to appear on the Official Warning for the election.  It was suggested that the word “new” in article one be deleted and it was questioned why the wording wasn’t included after “…for the purpose of transferring ownership of the Town Hall and land… to a non-profit or coalition of non-profits…”.  After further discussion about the structure of the two articles, Walter Page made a motion to approve the Official Warning as amended and Marie Kilbride seconded the motion, which was approved on a voice vote (3-0).  The Warning will be changed to reflect the changes and then be forwarded to Paul Gillies for his confirmation.  It was noted by Walter Page that Mike Dugan is updating (in conjunction with Ken

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SEPTEMBER 18, 2006

PAGE 5

Adams) the estimate costs for building a single story building, as well as getting a current price for demolishing the Town Hall.  

The timeframe for dates of procedure for the bond vote was presented by Ruth Miller.  She indicated the Official Warning would need to be posted somewhere between September 28^th and October 6^th.  The Official Warning would need to appear in The Islander on October 24, 2006 and the Informational Meeting was suggested to occur on Saturday, October 28^th at 2 p.m. at the North Hero School.  It was determined after a discussion the Warning would be published for one week in The Islander and put on the Town web site as well.  The Information Meeting will be scheduled on October 28^th dependent upon availability of the School Gym. 

Correspondence:

Bob Ayers, Library Trustee, memo regarding water heater:

An email was received from Bob Ayers confirming the cost of replacing the library water heater and the additional work that had to be accomplished to the piping in the basement.

North Hero Planning Commission response to Ruth Wallman re: horses bathing in the Lake:  A copy of a letter addressed to Ruth Wallman from Jack Miller and John Lambert of Zoning and Planning confirms that no appropriate area could be found for the horses to bathe in the Lake and a conditional use permit should be requested with a hearing before the Zoning Board of Adjustment to address this issue if pursued in the future.

North Hero Planning Commission response to Town Hall concern:

A response from John Lambert, Chair of the North Hero Planning Commission agrees with the Selectboard that the Town Hall is a work in progress and does not constitute abandonment of a structure.

Memo of concern from Lovi Odette Galego:

After discussion, it was determined a brief letter would be written thanking her for her letter and concern.

New Business:

Larry Dupont asked if the Selectboard would like to be compensated at this point with half of their yearly stipend for 2006-2007 and Board members agreed.  In a conversation with Terry Schaefer, he indicated the Water Board would also like to do the same at this point in time. 

Old Business:

None

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SEPTEMBER 18, 2006

PAGE 5

Executive Session (if necessary):

Not necessary.

Adjournment:

Walter Page made a motion to adjourn and Marie Kilbride placed a second.  The meeting adjourned at 8:30 PM.

Respectfully submitted,

DRAFT

MINUTES OF MEETING

SELECTBOARD WORK SESSION

THURSDAY, SEPTEMBER 7, 2006

ATTENDEES:

Larry Dupont                            Marie Kilbride                          Walter Page

Joe Poquette                            Jeff Potvin                                Ruth Miller

GUEST:

Eileen Mitchell

Call Meeting to Order:

Larry Dupont, Co-Chair, called the meeting to order at 7:31 AM.

Town Office Survey Discussion:

Larry then advised that Attorney Paul Gillies had suggested the Board should spend some more time working out details of a bond vote and if further questions arose, Paul would be available by telephone.  He further advised a copy of the Town Office Survey was forwarded to Paul for him to come up with the wording for a future bond vote which includes two articles and Paul forwarded wording of the two articles in a memo dated September 6, 2006 (see attached). 

A discussion then ensued as to where the Board left off in their previous work session.  It was decided that option one on the Town Survey was not feasible for monetary reasons and attention was then turned to the next highest vote getter, option four, along with option two to be addressed for a future vote.  A question arose as to whether or not a bonded indebtedness vote could also include an option to give the building away and be a legal question that also meets State statutes.  It was Walter Page’s belief that another survey had to be taken, which would then be followed by a vote for bonded indebtedness.  A dollar amount for the options was discussed and it was felt the dollar amount for each option should remain the same with the amount being a “not to exceed amount”.   The possibility of another opinion survey was discussed, which would not include a dollar amount versus warning the two articles for a vote in November, compiling an informational brochure to be mailed to the voters and scheduling an informational meeting prior to the vote.

Marie Kilbride reminded that previously the Secretary of State had advised against putting an opinion question with a bond question on the same ballot as they don’t carry the same weight.  Two questions can be put forth on the same ballot and then go for the bond vote at a later time.  Marie suggested that two questions be put to the community to get the sense of what the community wants and then go for a bond vote later.

Marie also expressed a desire to get a statement from Mike Dugan confirming that placing offices and the Town Hall in the same building is not feasible based upon cost. 

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SEPTEMBER 7, 2006

PAGE 2

After further discussion, it was decided a telephone call should be placed to Attorney Paul Gillies for clarification as to the wording of proposed articles as outlined by Paul.   Larry Dupont read the article, “Shall the Selectboard transfer ownership of the existing Town Hall and property along with all liabilities and future indebtedness to another party and seek to construct an office space at an alternative site at a cost not to exceed $________.”  The question was then asked if a legal bond vote could be done with the two questions being in the article; namely, transferring ownership of the existing Town Hall and getting approval to spend an amount not to exceed $______.    Paul then indicated the two questions can be put together in an article if the plan is to link the two questions.  In other words you would not build unless you give up the existing building.  He then indicated it is legal to word an article in that manner.  He clarified in that the voters would be giving authority to proceed with a plan, but it would not be a mandate.  Putting the two together effectively represents what the Board wants to do and it is legal and gives the Board liberty to pursue the option.  He added that voters are giving approval for the bond and the bond proceeds might be used for the legal work to do the conveyance. 

Marie Kilbride and Walter Page both questioned why article #1 doesn’t mention giving the existing building to a non-profit or a coalition of non-profits and Paul indicated that was an oversight and he would fix that and forward a revised copy. 

Concern was then expressed by the Board in that Paul’s legal opinion seemed to be different from what was expressed in an earlier opinion.  It was suggested that once Paul’s revised wording is received, a request be made he put in writing that the wording constitutes a legal bond vote that meets all State statutes. 

Walter Page then raised the issue of the dollar amount to be included in the proposed articles.  Joe Poquette pointed out that the town of Fairfield spent $450,000 and have a very nice Town Office.  It was stressed that even though approval is obtained to bond up to $700,000, it doesn’t mean that amount will be spent. 

Marie Kilbride indicated she would be willing to work on a brochure to be distributed to the voters, which would include a comment that the cost of placing a Town Office and the Town Hall in the same building exceeded cost expectations so the next most popular option is being put forth.  Marie also suggested that covenants should be addressed pertaining to turning the Town Hall over to any group.  Joe Poquette felt that a statement indicating why a Town Office cannot be built directly behind the existing Town Hall, explaining the results of the monitoring wells should be included in the brochure.  Also included should be Mike Dugan’s statement that the cost of putting a Town Office and Town Hall in the same building would be monetarily impossible.   The question was also brought up as to what would happen if the non-profit(s) could not accomplish a restoration of the Town Hall.  Jeff Potvin stressed putting in the brochure what the impact

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PAGE 3

will be on property taxes in the future.  Marie and Larry were tasked with compiling an informational brochure with input from all the Board members and it then be forwarded  to Ruth Miller, who will then forward it to all the Board members.

The timeframe of a vote being conducted on November 7^th was reviewed in that Paul indicated the warning needs to be posted at least 30 days before November 7 (which is October 8) and no earlier than 40 days (September 28), and printed in the official newspaper at least 10 days before the vote.   As both Joe and Jeff are unable to attend the next meeting of the Selectboard on the 18^th of September, it was determined the official warning would be readied and both Joe and Jeff would sign it before the meeting on the 18th and a motion would then be made on the 18^th to sign the warning and all in attendance would then sign. 

Ruth was asked to gather the specific dates of the procedure for the September 18^th meeting.  The question arose if any professionals would be invited to a public informational meeting and it was determined that question would be addressed at a later date.  Walter indicated he would contact Mike Dugan to get a written confirmation of his statement and Joe Poquette expressed a desire to trim the dollar amount down which would be presented in the articles.

Bills/Budget:

The bills and attached warrant were circulated for approval.

It was determined the next work session of the Selectboard will be scheduled for September 18^th from 6 to 7 p.m. with the regular meeting of the Selectboard occurring at 7 p.m.

Adjournment:

Walter Page made a motion to adjourn and Joe Poquette placed a second.  The meeting adjourned at 9:06 a.m.

Respectfully submitted,

DRAFT

MINUTES OF MEETING

SELECTBOARD WORK SESSION

TUESDAY, AUGUST 22, 2006

ATTENDEES:

Larry Dupont                            Marie Kilbride              Walter Page

Joe Poquette                            Jeff Potvin

INVITED GUEST:

Michael Duggan

GUESTS:

Jack Miller                               Eileen Mitchell

Call Meeting to Order:

Co-Chair, Marie Kilbride, called the Work Session to order at 6:35 PM.

It was suggested the order of the agenda be changed and the Meeting dates for September was addressed first.  After discussion it was determined another Work Session will occur on Thursday, September 7^th at 7:30 AM in the Town Office.  A regular Selectboard Meeting will occur on September 18^th at 7 PM in the School Library with a Work Session occurring just prior to that from 6 to 7 PM.

Town Office Survey Discussion:

Michael Dugan, Architect, was introduced to all.  Walter reminded that he and Joe had been asked to explore matters relating to the Town Hall and the presentation of options.  At the time, it was felt that someone from outside should present a “back of the envelop” calculation of the costs.  He then explained the content of two previous phone conversations held with Mike on the matter, which included the four options put to the voters in a survey on June 6, 2006 and the fact that public hearings were held prior to the vote.  It was decided the top two vote getting options would then be worked out in further detail and presented back to the voters for final determination.  In that process the figure of $700,000 was used, thinking the options would not entail any more than that, but not being entirely sure.  Written materials were distributed indicating that harder numbers would be furnished when the options were narrowed down to two.  He then explained the options included in the survey.  A lengthy discussion ensued which included:

·        putting the Town Office at ground level and what the building would look like raised to provide space for the offices;

·        replacing and reinforcing the roof and sidewalls to bring the exterior up to code;

·        putting offices in the building, along with the hall, but not changing the height of the building;

·        concerns about the possibility of grants and restoration funds being eliminated;

·        studies pertaining to water under the Town Hall basement floor;

·        constructing a slab and leaving the building as a one-story hall;

·        Town Offices placed in the basement in the 1960s;

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AUGUST 22, 2006

PAGE 2

·        voters should make the decision as to what to do with the building;

·        the Town Hall being utilized as community offices only;

·        concern that the Board is not responding by fleshing out the two top vote getting options;

·        giving away a very valuable piece of property;

·        building a Town complex elsewhere which includes the fire station, public works and town offices;

·        tearing the existing building down and building a replica;

·        the extent of the renovation and the cost involved to bring the building up to code;

·        historic preservation grants and community arts/performance grants;

·        water/mold problems in the Town Hall;

·        occupying the lower level means fixing the roof;

·        no interaction between floors is like two separate buildings;

·        renovating the existing Town Hall means ending up with the “skin of old”;

·        urging for “back of the envelop” numbers for option #2;

·        moving the offices from the Town Hall site means purchasing another site;

·        placing Town Offices off the Town Hall site means purchasing land;

·        sentimentality of the Town Hall

·        too expensive a project to restore the Town Hall with the end result being what few people really want;

·        actual usage of  the old Town Hall facility during the course of a year;

·        possibility of moving the Town Hall to another site and utilizing the current site for a new Town Office utilizing the current septic, etc.;

·        obtaining an estimate of cost for option #2 on the survey and whether money should be spent for the estimate when in all probability the option isn’t feasible;

·        15 to 20% increase in building costs since two years ago;

Each Board member then gave an opinion of where the Board should go after the discussion.  Jeff Potvin indicated putting Town Offices back in the Town Hall are not an option and his personal opinion is that he would like to see the Town Hall remain where it is with the Town Offices placed elsewhere, with consideration being given for a Town Complex including the Fire Department and Public Works Department, along with the Town Offices.

Joe Poquette felt the mold is what is really scary about the existing Town Hall and felt going to a slab would eliminate many issues.  He really doesn’t have any sentimentality regarding the Town Hall and doesn’t care if the building stays or goes, but the voters should decide what to do whether they want to tear down the old building and rebuild or give the building away and seek a site for Town Offices elsewhere.

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AUGUST 22, 2006

PAGE 3

Larry Dupont has been looking to the future to find out what is most economical for the community and feels if the building goes away to another entity for a while that is probably a high probability and the Town would then have the expense of maintaining the building in the future.  It would be nice to have both entities located in the village because it would be frugal for the community in the future.  However, after listening to Mike, the expense involved would be too much and the community probably would not support that type of project.  He felt, therefore, he would have to move from that choice as it’s not viable and go to the next choice to offer to the community.

Walter Page indicated if the number of $700,000 is outlandishly low and it really is $900,000 and up, then there really is no choice and options #1 and #3 should be warned with #1 being tear it down and build Town Offices on site and #3 is give it to a non-profit or coalition of non-profits.  However, he would argue that a stipulation be included that it not be given back to the Town at some point in the future.

Marie Kilbride indicated she agreed with what each Board member said prior to her speaking and it is interesting to note that the Board is unanimous in their choices following the discussion.  Marie then pointed out that it was never determined if covenants would be placed on any titling of land and Walter felt legal counsel should be sought regarding that issue.  It was felt by all that legal counsel should be sought to put options forward and pull a presentation together.  It was also noted that the timeframe for presenting this to the voters in November had been reviewed and it was feasible to pull this together for that election.

A discussion ensued about the Town providing the non-profits with a fund for remediation of the “brown field”, should the voters approve that option and Eileen Mitchell indicated she did not feel that should be part of the question put to the voters.  It was suggested Paul Gillies be consulted regarding the legalities involved with the options and it was felt Paul should be invited to the work session scheduled for September 7^th.  Mike advised he has a one-story office plan from years ago he would be willing to submit to a contractor to get “today’s price” so that all would feel comfortable with the number. 

Mike was thanked for his input presented and Walter Page made a motion to enter into Executive Session at 8:37 PM.  Larry Dupont seconded the motion.  Walter Page made a motion to come out of Executive Session at 8:57 PM and Joe Poquette placed a second. Walter Page then made a motion to adjourn and Joe Poquette seconded the motion.  The meeting adjourned at 8:59 PM. 

Respectfully submitted, 

DRAFT

MINUTES OF MEETING

SELECTBOARD MEETING

MONDAY, AUGUST 14, 2006

ATTENDEES:

Larry Dupont                            Marie Kilbride                          Walter Page

Joe Poquette                            Jeff Potvin                                Ruth Miller

GUESTS:

See attached.

Call Meeting to Order:

Marie Kilbride, Co-Chair, called the meeting to order at 7:32 PM.

Guests:

None

Minutes of July 17, 2006 (Work Session), July 17, 2006 (Selectboard), July 25, 2006, July 31, 2006:

Walter Page moved adoption of the minutes of July 17, 2006 Work Session and Joe Poquette placed a second.  There being no discussion, the minutes were approved as written (5-0).

Walter Page moved acceptance of the minutes of July 17, 2006 Selectboard meeting and Joe Poquette placed a second.  Larry Dupont questioned if Jack Miller had followed up on the issue of the horses swimming in the lake and Jack advised he had made a site visit and found the trail acts as a natural drainage ditch and had concern about horse droppings being washed into the lake by rain.  He felt it inappropriate that the horses be allowed in the lake and he suggested the people involved go before the Board of Adjustment and let the Board make the decision. 

Joe Poquette mentioned that the tree at the Library hasn’t been taken care of yet.  Kevin Daignault did contact the guy to remove the branches and Joe will follow-up with Kevin to find out further particulars. 

Joe also reminded that a discussion had occurred regarding Kevin Daignault building a pad behind the garage at the school for placement of the trailer now located on the Miller property.  Ruth Miller urged the trailer be moved and secured and what is stored in the trailer can be reviewed as time allows.  Joe also reminded it had been determined the gray benches were to be taken out of the trailer and placed at Camp Ingalls.

There being no further discussion, the minutes of July 17, 2006 were approved on a voice vote (5-0).

Walter Page reminded that he had asked for the Work Session of July 25, 2006, indicating he would review the existing studies and look to others outside of the

MINUTES OF SELECTBOARD MEETING

AUGUST 14, 2006

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community to provide some input.  The minutes indicate he was not in attendance, however, he wished the minutes to reflect that he was absence due to a family medical emergency.  All in attendance felt this request was reasonable and the minutes will be changed to reflect this request.  Larry Dupont made a motion to approve the minutes as amended and Joe Poquette placed a second.  On a voice vote, the minutes were unanimously approved (5-0).  Joe Poquette questioned in paragraph 2, page 2 whether or not the reappraisal firm would be participating in the process at the BCA level for $600/day and was advised by Larry Dupont that the Listers are presenting another option to the Board later on the agenda, but what Purvis had indicated was they would need at least a 30-day notice to participate at that level.  They had also indicated that coverage would not be available for the short term as not enough notice was given for those services either.

Walter Page moved acceptance of the minutes of July 31, 2006 and Jeff Potvin placed a second.  There being no discussion, the minutes were approved as written (5-0).

Public Works Foreman:

Jeff Potvin advised that brush has been cut on both sides of West Shore Road. 

Walter Page questioned if Robin Rousseau’s employment evaluation had ever been completed and was advised it hadn’t, mainly because the Board members were unable to schedule a time to get together.  Larry Dupont and Marie Kilbride agreed they would get together soon to get this accomplished. 

Water:

Larry Dupont advised the Water Board had suggested a correction to the Water Sales Agreement the Selectboard signed and the correction was implemented by Attorney Melloni, but Larry had talked with Paul Hansen of Alburgh and he advised their Board had signed the version North Hero had signed.   Joe Poquette clarified the Water Board had suggested “a one word” change.  Larry Dupont advised the document is now signed and the “ball is now in Alburgh’s court”.

Larry Dupont then advised the paperwork for the project closeout for RF3-108 had never gotten signed and asked for a motion to sign the document.  Joe Poquette made a motion to have Larry Dupont sign the document on behalf of the Selectboard.  Walter Page questioned what the document pertains to and was advised by Larry it pertains to the Water Plant upgrade loan for $550,000, which actually came in as a final loan value of $544,444.38.   Walter Page seconded the motion and on a voice vote Larry Dupont was approved (5-0) to sign on behalf of the Selectboard.

Appointment/Wages Town Constable:

MINUTES OF SELECTBOARD MEETING

AUGUST 14, 2006

PAGE 3

Marie Kilbride advised that a letter had been received from David Campbell expressing interest in filling the vacated Constable position.  Walter Page advised there is $700 in the budget for animal control and zero to pay the Constable.  After discussion, a motion was made by Larry Dupont to appoint David Campbell as Constable, pay him a stipend of $300 and $25 per incident thereafter.  Joe Poquette seconded the motion and there being no further discussion, the Board unanimously approved (5-0) the appointment/wages for Town Constable.

Zoning Fees:

John Lambert distributed a new fee schedule (compared to Grand Isle) designed to cover the Town cost so that taxpayers are not paying for hearings or applications, while not making a large profit at applicants’ expense.  The fees are based on House Bill 117 changes, as the Zoning Administrator will be making multiple site visits when dealing with requested permits.  It should be noted that the process to be implemented for Butler Island inhabitants is not yet clarified.  In 2005-2006 it was noted that approximately $18,000 was collected and actual cost to the Town was $16,700.  John then recommended approval of the proposed fees on behalf of the Planning Commission and Jack Miller indicated since July 1^st of 2006 he had issued six certificates of compliance, ten septic certificates of compliance and thirteen building permits. He then stressed the process for posting variance applications on the property, as well as posting building permits and certificates of compliance.  He stressed that House Bill 117 has placed a great deal of additional travel/work on the Zoning Administrator.  After further di