Town of Halifax, Vermont
MINUTES
March 16, 2010
Call to Order
The meeting was called to order at 7: 10PM. Board members in attendance were John LaFlamme, Lewis Sumner, and Edee Edwards. The Board immediately entered executive session to discuss personnel issues, and invited Patricia Dow to join them.
At 7:35 PM the Board adjourned the executive session and at 7:38 PM the regular meeting was called to order. Others in attendance were Margo Avakian, Carl Barmen, Edith Fenton, Paul Taylor, Earl and Patricia Holtz, Greg Marguet, Patricia Dow, Brad Rafus, and Board Secretary Phyllis Evanuk.
Approval of Minutes
Mr. Sumner moved to accept the minutes of the February 16, 2010 meeting as written.
Mr. LaFlamme seconded the motion which carried 3-0, and the minutes were approved.
Mr. LaFlamme moved to accept the minutes of the February 23, 2010 meeting as written.
Mr. Sumner seconded the motion which carried 3-0, and the minutes were approved.
Mr. Sumner moved to accept the minutes of the March 9, 2010 meeting as written.
Ms. Edwards seconded the motion, with the request that in future she be ‘Ms.’ Edwards not ‘Mrs.’ Edwards as had been written in these minutes. With that correction the motion carried 3-0 and the minutes were approved.
New Business
The question of where meetings and notices are posted was raised. Mr. LaFlamme advised that the agenda is posted outside the town office, in the school, and at the Post Office. Mr. Holtz asked if they could be posted on the website to make it more convenient for the residents rather than having to come to the village to see it.
Mrs. Dow advised that she would be willing to email the agenda to people that request it, as she is in the office on Monday anyway. Mr. LaFlamme advised he has no problem if Mrs. Dow is willing to do this. People should understand if they do not receive the email for some reason, it should not be construed as not a legally noticed meeting. Mrs. Dow advised that it would have to be on a trial basis.
Ø Appointments
Ms. Edwards advised that as she has not been involved in this process before she would
like to read a description of the duties for each appointed position. It was agreed that she would give the description before nominations for the position.
Planning Commission
Ms. Edwards moved to reappoint Brian McNeice to the Planning Commission for a term of four years.
Mr. Sumner seconded the motion which carried 3-0.
Mr. LaFlamme announced that to allow Mrs. Dow to go home at a reasonable hour, they would postpone the appointments until after the Board addressed the matter of the Town Clerk’s salary. He advised that as Mrs. Dow is a new Town Clerk her salary has not yet been set.
Mr. LaFlamme moved to set the Town Clerk salary at $18,000. Per year plus insurance if she chooses.
Mr. Sumner seconded the motion.
Discussion regarding the hours required and the salary followed. When asked if there were guidelines regarding salary, Mr. LaFlamme advised they researched other towns of similar size and activity and this salary was reasonable.
Mr. LaFlamme called for a vote on the motion, which carried 3-0 and the motion was approved.
The Board resumed Planning Commission appointments.
Mr. Sumner moved to nominate Brad Rafus for a four year term to the Planning Commission.
Mr. LaFlamme seconded the motion, which carried 3-0.
Ms. Edwards moved to nominate Chris Estep to the Planning Commission to complete the term formerly held by Christina Moore which expires in 2012.
Mr. LaFlamme seconded the motion, which carried 3-0.
Zoning Board of Adjustment
Mr. LaFlamme moved to reappoint William Pusey for a four year term on the ZBA.
Mr. Sumner seconded the motion, which carried 3-0.
Mr. Sumner moved to nominate Brad Rafus for a four year term to the ZBA.
Mr. LaFlamme seconded the motion.
Mr. Marguet objected to Mr. Rafus being on the ZBA. He advised that as a full time employee of the town he thinks this is a conflict. He questioned how effective he could be when he holds multiple positions.
Mr. LaFlamme explained briefly how Mr. Rafus’ knowledge and experience as Road Commissioner and Tree Warden could benefit the ZBA in certain situations.
Mr. LaFlamme called for a vote on the motion which carried 3-0.
Ms. Edwards moved to appoint Chris Estep to the term on the ZBA that expires in 2012.
Mr. Sumner seconded the motion which carried 3-0.
Road Commissioner
Mr. Marguet asked if they were just rubber stamping this appointment or had they looked for other candidates.
Mr. LaFlamme advised that Mr. Rafus has been doing the job well and has been keeping the Board informed. He advised when things are working well, there is no reason to change them. He further advised no one else had expressed an interest in the position.
Mr. LaFlamme moved to appoint Brad Rafus for a one year term as Road Commissioner.
Mr. Sumner seconded the motion .which carried 3-0.
Tree Warden
Ms. Edwards read the description of the position and advised she had a nomination.
Ms. Edwards moved to nominate Marilyn Allen for a one year term as Tree Warden.
Mr. Taylor inquired if this was a ‘paper appointment’ or if the person in this position actually does anything and if so what.
Mr. Sumner advised that Mr. Rafus does.
Mr. LaFlamme advised that when there are issues regarding the removal of trees in the town right of way it is the road crew who do the work, and it is town equipment that is used. The authority of the Tree Warden only covers situations in the town right of way. It does not extend to private property.
Mr. Marguet advised the actual work could be done by the road crew but under the direction of the Tree Warden.
Mr. Barmen advised that it should not be a member of the road crew. It should be someone outside town employ to insure that trees aren’t cut down because the road crew thinks it should be.
Ms. Edwards advised that she had made a motion and it should be considered before any more discussion.
Mr. LaFlamme inquired if there was a second to Ms. Edwards’s motion.
Hearing no second the motion died.
Mr. LaFlamme moved to appoint Brad Rafus for a one year term as Tree Warden.
Mr. Sumner seconded the motion.
Mr. Marguet suggested that they appoint two tree wardens, Marilyn and Brad. She could identify the problems and Brad could do the work.
Ms. Edwards advised that the reason she had nominated Ms. Allen was because she had expressed an interest in the position from the standpoint of having knowledge of tree diseases and problems such as the wooly adelgid which is becoming a threat to Vermont’s Hemlock trees.
She further advised that it was nothing against Mr. Rafus or his abilities, but as she had campaigned on the premise of citizen participation she felt if Ms. Allen shows interest she should be considered. If there is any way that they could have more than one Tree Warden she feels that would be a good thing.
A lengthy discussion of the responsibilities of the position followed and whether or not there could be more than one warden.
Mr. Taylor advised that whoever the Tree Warden is should try to be more considerate of preservation of trees and work with property owners.
Ms. Edwards suggested that they research and determine if it is possible to have more than one Tree Warden.
Mr. Sumner called the question.
Mr. LaFlamme advised a motion had been made and seconded.
The motion carried 2-1.
Fence Viewers
Mr. Sumner moved to appoint Bruce Swanson and Malcolm Sumner for Fence Viewers for a term of one year.
Mr. LaFlamme seconded the motion which carried 3-0.
Mr. LaFlamme asked if there were any nominations for the remaining position of Fence Viewer. Ms. Edwards asked if there were any interested people in the audience. Mr. Barmen advised he was interested.
Ms. Edwards moved to nominate Carl Barmen as Fence Viewer for a one year term.
Mr. Sumner seconded the motion which carried 3-0.
Inspector of Lumber
Ms. Edwards moved to appoint Craig Stone as Inspector of Lumber for a one year term.
Mr. Sumner seconded the motion which carried 3-0.
Pound Keeper
Mr. LaFlamme moved to appoint Andrew Rice as Pound Keeper for a one year term.
Mr. Sumner seconded the motion which carried 3-0.
Town Service Officer
Mr. Sumner moved to appoint William Pusey as Town Service Officer for a one year term.
Ms. Edwards seconded the motion which carried 3-0.
Representative to Council on Aging
Mr. Sumner moved to appoint Paula Hendler to the Council on Aging.
Mr. LaFlamme seconded the motion which carried 3-0.
Windham Regional Commissioners
Mr. Sumner moved to appoint Margaret Bartenhagen and Chris Estep as Representatives to the Windham Regional Commission for a one year term.
Ms. Edwards seconded the motion which carried 3-0.
Windham Solid Waste Management District
Mr. LaFlamme moved to appoint Clifton Inman and Lewis Sumner as representatives to the WSWMD.
Ms. Edwards seconded the motion.
Mr. Marguet advised that he is very interested in the position because he would like to be involved in the decision making regarding how the district operates. He advised he was on it once and he went to all the meetings.
Mr. Taylor asked if Mr. Sumner wanted to do this or was he being pushed into it and likewise did Mr. Inman want to do this.
Mr. Sumner advised he was on the Board in the past and he was not being pushed, yes he wanted to do it.
Mr. Taylor advised that here was someone who was interested in the position if they were not.
Mr. Marguet advised that he would speak up for the town of Halifax. He advised he had attended meetings for a year and it appeared that the Board acted like they were subordinate to the Manager when in fact the Manager should be working for them.
Ms. Edwards asked how the representation works. Who has voting power.
Mr. Sumner advised that each town, except Brattleboro, has one vote. The number of votes is based on population and Brattleboro has a total of six votes, having extra votes because the district is located in Brattleboro.
Ms. Edwards advised that with one vote the two representatives must be able to work well together and agree on issues. She then asked Mr. Marguet what his relationship with Mr. Inman was and he advised that “we hate each other”, we’re competitors.
Ms. Edwards thanked him for his answer.
Mr. LaFlamme called for a vote on the motion. For Clifton Inman the motion carried 3-0.
For Lewis Sumner the motion carried 2-0-1 with Mr. Sumner abstaining.
Loan Committee
Ms. Edwards moved to appoint Allan Dacey and Andrew Rice to the Loan Committee for one year terms.
Mr. Sumner seconded the motion which carried 3-0.
ADA Coordinator
Ms. Edwards moved to appoint Lewis Sumner as ADA Coordinator for a one year term.
Mr. LaFlamme seconded the motion which carried 2-0-1 with Mr. Sumner abstaining.
E-911 Coordinator
Ms. Edwards moved to appoint Wayne Courser as E-911 Coordinator for a one year term.
Mr. Sumner seconded the motion which carried 3-0.
Recycling Coordinator
Mr. LaFlamme moved to appoint Michael Drummey as Recycling Coordinator for a one year term.
Mr. Sumner seconded the motion which carried 3-0.
Green-Up Vermont Coordinator
Passed over – This position will be posted
Weigher of Coal
Ms. Edwards moved to appoint Rose Alboum as Weigher of Coal for a one year term.
Mr. LaFlamme seconded the motion which carried 3-0.
Emergency Management Director
Ms. Edwards moved to appoint Lewis Sumner as Emergency Management Director for a one year term.
Mr. LaFlamme seconded the motion which carried 2-0-1 with Mr. Sumner abstaining.
Citation Ticket Responsibility
Mr. Sumner moved to appoint Andrew Rice for Citation Ticket Responsibility for a one year term.
Mr. LaFlamme seconded the motion which carried 3-0.
Energy Conservation Officer
Mr. Sumner moved to appoint Michael Drummey as Energy Conservation Officer for a term of one year.
Mr. LaFlamme seconded the motion which carried 3-0.
Newspapers of Record
Mr. Sumner moved to designate the Brattleboro Reformer and the Deerfield Valley News as the newspapers of record.
Ms. Edwards seconded the motion which carried 3-0.
Ø Posting of Roads
Mr. Sumner moved to adopt the weight limits and to post the town roads during mud season until May 15, 2010.
Mr. LaFlamme seconded the motion which carried 3-0.
Ø Role of Constable and State Police
Mr. LaFlamme advised that Constable Rice has suggested that clear guidelines regarding the roles of constables and state police should be developed so that proper procedures are used for situations that develop. As Mr. Rice is not in attendance this topic will be deferred to another meeting.
Hearing of Visitors
Mr. Marguet asked Mr. Rafus how the gravel crushing was proceeding. Mr. Rafus advised that as of today they had done 28,000 tons. They originally were going to do 20,000 tons but the contractor offered to do 40,000 tons and reduce the per ton price. He offered this because the equipment is already in place and they do not have any other immediate work scheduled. Originally the cost for 20,000 was $100,000. By doubling the quantity and reducing the price it will cost $160,000, saving the Town $40,000.
Mr. Barmen asked how the Town was paying for this. Mr. LaFlamme advised that the contractor agreed to spread the payment over two years, and no money will be borrowed to pay for it. It will be covered within the budget.
Ms. Fenton asked how long this gravel will last.
Mr. Rafus advised probably four or five years.
Mr. LaFlamme advised that the contractor’s first offer was $6.60 per ton for 20,000 tons. He then came back and offered to do 40,000 tons at $4.00 per ton. He further advised that the current cost for purchasing gravel is $16 per yard delivered. Comparing this to the cost for the 40,000 tons the Town is saving $327,100.
Mr. Marguet asked if any other contractors had been approached.
Mr. Rafus advised that others had been asked to bid but Rob Mitchell was the only one who had equipment large enough to handle the size of the rock being crushed. When asked how long it would be before the operation is completed, he advised they should be finished in another week and ½.
Mr. Taylor inquired about the procedures for making appointments. He suggested that all candidates should be announced prior to the nomination and voting process. He felt that the way it was done gave an appearance of predisposition.
Mr. LaFlamme advised that people interested in serving in a position should make their wishes known to the Selectboard as those who had been appointed did. He also advised that a number of the appointments were actually reappointments of those who are willing to continue serving.
Mr. Holtz advised that he would like to see a better use of the internet for notification of meeting agendas, position openings, minutes and other notices. He feels that there is no reason that this cannot be done from the town office. He felt that the town should be able to get a website for a nominal amount. If there was a committee to investigate and develop a more user friendly website this would be beneficial. Mr. Marguet advised he wanted to be on that committee.
Mr. LaFlamme advised that Mr. Holtz should contact Ms. Evanuk to be brought up to speed on the status of the website.
Mr. Marguet advised he would like to see another committee formed to review and monitor how the Road Crew maintains the equipment and the roads. He wants to run that committee and one thing he would like to see is incoming loads being checked before acceptance to see that there are full loads. He also thinks that log books should be kept for each piece of equipment showing hours run, miles driven, etc.
Mr. LaFlamme advised that the whole town monitors the road crew, and that the Selectboard welcomes all suggestions and comments. Anything regarding the road crew should be brought to the Board, there doesn’t need to be a specific committee.
Mr. LaFlamme asked if Mr. Rafus had anything else to bring to the Board.
Mr. Rafus advised that he’d like to see the Board consider a Town ordinance to require all loads in the town to be covered. He advised that he and the road crew volunteer their time on Green up Day and they pick up a lot of stuff that has blown or fallen off trucks going through town.
Mr. LaFlamme advised that is something they should consider.
Old Business
Ø Windham County Humane Society
Mr. LaFlamme advised that the Board was in receipt of a letter regarding the issue of the bill received from WCHS and the pending contract. The letter was from Linda Huebner, a resident of West Halifax. She requested that it be read into the record.
Ms. Edwards read the letter, a copy of which is attached and incorporated by reference.
Mr. LaFlamme advised that this is matter has been ongoing, and with Town Meeting and other matters they have not had time to get together with WCHS to discuss a contract. He advised that the timing has been rather poor.
Questions were raised about payment of the bill. Mr. Barmen advised he thought that the dog license fees were for the purpose of covering such things. Mr. LaFlamme advised that they had had a previous situation that the town covered and that had taken more funds than what was in the fund.
Mr. Holtz questioned why the Board did not have a written report from the Constable that would show what actions he had taken regarding this situation. He advised that he is quite sure the State Police officer filed a written report covering his actions, and the town should have one from Constable Rice to document his actions.
Mr. Taylor advised that without a written report from Mr. Rice they don’t have a complete picture. They have a beginning and an end but his piece is missing. It would make evaluating his performance impossible.
Mr. Sumner advised that it is hard to require reports and give him orders, because he is an elected official, not appointed. Therefore he is answerable to the voters, not the Selectboard.
Mr. Holtz advised it sounded like the Board was reticent about asking for a written report.
Mr. LaFlamme advised that they will wait to hear his report before this is concluded.
Regarding the contract with WCHS Ms. Edwards advised she is concerned with the town being protected from large vet bills, and hopes that it can be addressed in any contract.
Other Business
Ms. Edwards advised that she has been made aware through the press that an effort is being pursued to get Google to accept Vermont as a trial project site to provide high speed internet. The Vermont Telecommunications Authority is submitting the application and towns can add their approvals to this application by notifying VTA of their support. It is being proposed for a state wide project. She felt that this may be a long shot but should be pursued.
Ms. Edwards moved to send a letter of support to VTA signing on for the Google broadband project.
Mr. LaFlamme seconded the motion which carried 3-0.
The letter will be prepared and signed and faxed to VTA on Wednesday.
The Board discussed a gift from the Town to Laura Sumner in recognition of her 43 years of service.
Mr. LaFlamme advised that Mrs. Sumner has not billed the town for her services for the last two months so that there is certainly sufficient money to cover whatever gift they decide on.
Ms. Edwards advised that she has asked some members of the community about spending ‘X number of dollars’ on a gift and she advised that they were thinking in terms of much less money. She is concerned about legal issues regarding what is allowed, and will call the Secretary of State to ask about it.
A decision was not made.
Regarding the remaining positions to be filled the Board agreed to have them posted. The two positions are Selectboard Bookkeeper and Green-Up Vermont, Inc. Coordinator.
Communications/Mail
The mail was reviewed and appropriately filed.
Selectmen’s Order to Town Treasurer for bill payment
The order for payment of bills was completed and signed.
Adjournment
The meeting was adjourned at 10:31 PM.
Respectfully submitted,
Phyllis H. Evanuk
Secretary