OFFICE OF THE SELECTBOARD
TOWN OF HALIFAX, VERMONT
SPECIAL MEETING MINUTES – DRAFT
September 11, 2024
8 AM AT THE HALIFAX TOWN OFFICE
CALL TO ORDER
The meeting of the Selectboard was called to order by Edee Edwards at 8:00 AM. Other Selectboard Members present were Karen Christofferson, Rhonda Ashcraft, and Randy Pike. Others present online or in person were David Jones, and Mike Fournier.
Edwards opened the meeting with a moment of silence in remembrance of 9/11.
CHANGES AND ADDITIONS TO THE AGENDA
The order was changed to first accommodate the driveway permit procedure so that David Jones could leave before the Executive Session.
OLD BUSINESS
Update on pressing driveway/right of way permits (Time 8:11 am)
Christofferson provided an update on the meeting she had earlier in the day with Ashcraft, Fournier and Patrick Wilson and Will Peacock from VTrans. The meeting was held in the Town office at 8am. As followup to the September 5, 2024 Selectboard meeting Christofferson reached out to VTrans and Windham Regional looking for some help for assistance and guidance regarding what might be beneficial for the Town in protecting our Roadways. Christofferson further expressed interest in making clear that her reason for hitting a pause on the Saladino project had nothing to do with his qualifications as he is a preferred provider for DVFiber and the Town. In an abundance of caution for future work, given her belief that we will get quite a few more permit requests.
The meeting lasted 2 hours during which an Addendum was drafted for the Town’s right of way permits (ROW) for the DVFiber connectivity project (Halifax Connectivity Project). A copy of which was sent to the Selectboard in advance of the meeting via email (September 10, 2024) . Christofferson provided a paper copy to Jones. The first page is for Unpaved Roads, the 2nd and 3rd pages are for Paved Roads. The last version was received yesterday in pdf format from VTrans with their edits. The word version was received this morning. The other key point is an Ordinance. Christofferson noted the need create an ordinance for the of standards and procedures necessary for permit requests involving the Town ROW but given the time sensitive nature of the permit request for the DVFiber project related to the ARPA funds (aka Halifax Connectivity Program). Christofferson requested that the SB talk about the Addendum, its applicability in attaching to a permit recognizing several permits in hand and possibly several permits in process.
Fournier spoke with Saladino who is understandably eager to get going and not be derailed by a Selectboard late in the day process. Fournier talked him through the types of things we were thinking about and would he sign off on that and basically he said something like “yes that is standard I do that all the time and is this going to be a long thing” and Mike said it would be about a half a page. The unpaved road portion of the Addendum is about a half a page.
Christofferson proposed that for permits already in hand, that the Addendum for Unpaved Roads be attached so that when the permit comes to the board for approval it is there. Christofferson wants Saladino not to be burdened by needing to sign multiple permits and would like to have an omnibus permit for the project.
Christofferson is concerned are that a land owner or less qualified contractor may want to do the work themselves (digging across a road for fiber installation), and road standards need to be met. If it isn’t compacted properly then we will have settling issues. We may have to add conditional language to permit itself such as Addendum Attached. If we can sign off on permits in hand today, perhaps we can sign off subject to Saladinio’s sign off.
Edwards noted specifications received from Jones that speaks more to DVFiber conduit. Agreed that we can move ahead and just have one permit here, for Old County Road. Edwards said that the specifications for those not a part of the Halifax Connectivity Program should be available to inform those doing the work of how it needs to be done for both road and DVFiber specifications and those two things are front of mind for people applying for a road permit.
Christofferson asked if we were obligating the Town for something we wouldn’t know. How would we know that the work is done right for DVFiber? Edwards noted pointing out technical specifications makes clear that they are responsible for making sure it is done properly. We are not digging the road up again to fix but it is a matter of informing. This makes clear to applicant that they are responsible for it (DVFiber technical specifications).
Edwards asked Christofferson to explain the need for a “Final Inspection” notation on existing permits as one of the conditions. Christofferson noted the circulation of the sample Ordinance (”Ordinance”) as it talks about all these things, one of the elements that we spent a lot of time on during our meeting was how do we know it is done right? VTrans suggested that the Road Supervisor looks at it. The permit is not released until the Road Supervisor signs off on the final inspection. The final inspection should include photos at stages of the process and Fournier can look on the phone to see if standards are met before signing off on the work without needing to keep files for each residence. Christofferson noted other items in the Ordinance related to work not done to standards. Christofferson noted that an uncleared permit would be notable in the Town Records.
Edwards asked if we can process these permits today, saying she has no problem adding a final inspection requirement date on the existing permit. Christofferson said we should add language to the existing permit noting conditions including the addition of the Addendum specific to either the Unpaved or Paved Roads. Christofferson notes we are adding a couple conditions to existing form not changing the whole process except for having an omnibus Addendum for Saladino. Christofferson does not want this to be a casual process. There is already an attachment for a culvert. Christofferson further described the importance of protecting our roads using a revised permitting process going forward.
Edwards asked Jones to comment from a process point of view. Jones explained is understanding that the road needs to be returned to previous condition to the satisfaction of the Road Supervisor, in that way it would be a permit to proceed and the conditions would still be binding on applicant that if in the medium case if it is not up to standards then the applicant would be responsible to correct. If the applicant is unable to complete the work up to standards then the Town may have to make it correct and charge the applicant for the cost of the work. The permit should be a permit to go forward, a green light to go ahead.
Christofferson said we want to get this process moving conditional upon amendment attached and signed, and final inspection. Also we are only talking now about unpaved roads. Fournier would like to add that it should be up to the applicant to have the job finished correctly as the Town road crew does not have the time to fix these projects. Applicant is not done with the work until Fournier has signed off. Christofferson agreed and noted that is precisely what the Ordinance covers we just don’t have the time or ability to put an Ordinance in place for this project.
Fournier pushed for applicant to finish job themselves rather that have the Town be in a position to fix the problems. Fournier doesn’t want to push the issue since we are underfunded and understaffed. Jones and Edwards agreed it would be punitive for the applicant if the Town had to come out and do the work and that we don’t want to encourage that as an outcome.
Edwards said we have the permit here for Old County Road which is simple in that no drainage ditches and it is all in the Town ROW. Edwards read the permit. This should be read approved with conditions with “subject to the attached Addendum for Unpaved Roads and subject to final inspection by Road Supervisor and sign off to clear the permit” Christofferson added a third condition, “subject to sign off by Saladino under the Connectivity Program”.
Fournier had a conversation with Saladino that we are trying to make these move along. Fournier asked him what other towns do and he said it was just about what we are doing. He also added that other towns only allow “directional boring” under blacktop.
Edwards added the conditional language and circulated to the Selectboard members in attendance for their signatures. Jones will send Saladino a copy in pdf format. Jones noted that these additions should not affect the cost of doing these jobs. This is how they would be doing them anyway as these are the standards they would be using.
Edwards noted we will continue to improve the forms and further noted she has a meeting with Fisher to discuss the process of implementing an Ordinance approval process. Christofferson offered to convert the sample Ordinance to a word doc and make it more Halifax specific to make it easier for Fisher to review and edit. Christofferson also noted that Windham Regional sent a sample permit form if anyone wants to see it.
Edwards announced that on September 11, 2024 the permit for Old County Road was signed. The Addendum for the Unpaved Road was attached to the permit. Christofferson asked the board to initial and date the Addendum. The photos provided previously by Jones will remain with this approvceed application.
This will go to Patty who will share a copy with the Applicant and Patty will record with time. Fournier will ask Patty to pull the application when the final inspection is completed.
HEARING OF VISITORS (5 minutes)
(Time 8:35am)
Jones said that he had identified 75 households with senior citizens with whom we have not already met to see if they would want a DVFiber connection. Jones noted he will be doing a mailing for which he estimates a 25% response rate. He would expect another two more driveway/ROW permits from this effort. He also wanted to remind everyone of the ice cream social with DVFiber at the Halifax Community Hall this Saturday, September 14th, 11 to 2pm. Jones added that he has heard from the first connected customer and that speeds are 100 times faster than they had before.
EXECUTIVE SESSION
(Time 8:38am)
Jones and Fournier left the meeting. There were no remote attendees.
Edwards made a motion to go into Executive Session under 19VSA § 313(A)(3) and 19VSA § 313(A)(3)(.4). Ashcraft seconded. The motion carried 4-0. The recording was stopped at 8:41am.
(Time 10:05am)
Executive session ended.
No decisions were made in executive session.
Edwards identified follow ups to the Executive Session:
- Followup for the highway department annual reviews
- Noted desire to do a 6-month review for the new employee as a means to help set employees up for success. Edwards will follow up with an email and set up a time for the followup.
Edwards noted the need to defer the New Business items to next meeting:
- Basic elements of our compensation and performance package (10 minutes)
- Highway wages overview from FY2025 budget (5 minutes)
ADJOURNMENT
(Time 10:08am)
Motion was made by Christofferson to adjourn, seconded by Ashcraft, motion carried 4-0.
Meeting Adjourned and recording stopped.
Respectfully submitted by Randy Pike, Secretary Pro Tempore
Meeting YouTube Recording Link: https://youtu.be/dYJaXcIw0xY