Approved 1/27/2004

Middlesex Selectboard
Minutes of 1/13/2004

Present: Walter Kelley, Bill Callnan, Cindy Carlson, Mary Alexander, Peter Hood, June Lakin, Abe Lewis
Shawn Fielder, Mary Alexander, Bill Rossmassler, Dave Shepard, Joanne Flanagan, Jim Austin, Doug Lubrund, Paul Giuliani

Meeting called to order at 7:00 p.m.

June Lakin, Town Clerk
June presented the board with a proposed general budget for 7/1/04 – 7/1/05, which the Board reviewed. Discussion addressed the adjustments from an 18 month budget to a 12 month budget taking payment due dates on various items into consideration. The budget will be finalized at the next Board meeting.

John Puleio, Rumney Community Connections
The Grant that the Community Connection program has been operating on will at the end of August 2004. There will be some carry over money for after school programs and a few adult programs. The funding was initially approximately $1,000,000 and will be about $400,000 for 2005. This is the 3rd year the program has been able to offer programs to the community.  Since staff and some programs will be cut, Community Connections is going to be asking for some funding to help sponsor the program at Town Meeting. There is approximately $15,000 to spend in 2004for programs at Rumney.  A survey has been completed which resulted in positive feedback on the program. The program is not being used for daycare. The Community Connections Board has discussed with the Rumney School Board combining Community Connections with the School. The School is looking at decreases in enrollment for next school year and because of the uncertainty of the Community Connections program; they really didn’t want to add another line item to the school budget. It was agreed between the two boards to keep the programs separate.  Any money that is raised for this program within Middlesex will only go to Middlesex children. The Middlesex Monthly and special mailings are used to promote the program.

John passed out sample brochures for the Listening Room, with a schedule of upcoming events. This program would like to be able to put aside some funding to give back to the Town for use of the Town Hall. The Board feels that the more events that can be held is beneficial to the Town, the space is available for public use and the Board is in full support of the events. 

Conservation Commission - Bill Rossmassler, Dave Shepard
Information for the hydro seeder was passed out.

Information regarding the formation of Conservation Funds was reviewed with the Board. The Conservation Commission has drafted a petition if the Board is interested in putting funding aside for a Conservation Fund. One potential use of the money is to keep land in the Conservation District by purchasing development rights from the land owners. The fund can also be used for recreational trails or recreational facilities. With the fund being in place entities like VT Land Trust would see that the town is making a commitment and would consider the town for grants that require matching funds. Some of the surrounding towns have established funds with various amounts committed each year. The Conservation Commission is putting together information on what the surrounding towns are doing. They are looking for guidance for an amount to ask for to increase the town’s fund; .01 on the tax rate would add approximately $10,000. The Board states that it might be better to have a project on the table before asking for funding from residents and that they would prefer a separate petition from the budget. The Board recommends asking for a specific dollar amount instead of a portion of the tax rate.  The Conservation Commission is going to have the Town Meeting Solutions Committee use this as a neighborhood discussion. They will keep the board up-to-date with further information on what the either local towns are doing.

Joanne Flanagan, Paul Alfarone, Rod Wentworth, Jo Collemer Dog complaint
Joanne reports that she has sat at the end of Alfarones driveway for ½ hour periods on 3 occasions and did not hear any barking. Alfarone reports that most of the dogs wear citronella collars, but they don’t work to well when it is frigid. From Wentworth/Collemer’s perspective, the level of barking recently has been acceptable.  Alfarones will keep the collars on and the dogs stay inside when it is cold. The board states they understand that the situation has resolved itself. Wentworth/Collemer are concerned that when the weather warms that there will be a problem.

 Alfarone states that the collars don’t silence the dogs, but it does stop the dog from barking for a long period. There is still hear barking at times and due to his business, there are dogs at his house that are not wearing the collars. Alfarone reports that when he analyzed the data that was submitted to the Board at a previous meeting, the average barking was 8 minutes per day. The board expects Alfarones to do everything in their power to continue to have this situation remain acceptable and they hope that this resolves the problem for the future. If there is another complaint, it will be dealt with fairly. 

Linda Simpson – Health Hazard
Joanne reports to the board that the next court date is 1/22/2004. Dufresne Associates have dug test holes in the front yard and have discovered that there is a swale, which is wet and an old metal tank with no evidence of a leach field. They have advised that she put in a 1500 gal tank, make it a 1 family house then she could remain in it until spring when the final work could be completed. The tank would have to be pumped weekly. The leinholders said that they would back her up when they were in court originally, but it appears that she is not going to be able to get any funding due to her income but a final decision will be made on 1/16/2004. It appears that the only system that will work will be a mound system, and Dufresne Associates has suggested that she have her water tested. 

Joanne Flanagan, Jim Austin, Paul Giuliani, Doug Lubrund
Trail Change

Paul Giuliani, Town Attorney, understands that the general law gives the Board the authority to set out, lay out and administrate Town Highways. There is a catch all, stating the Board can take any action deemed necessary for the Town Highways to carry this authority out. It is not unusual for towns not to have the precise location of all highways, if there are no land records going back to the 1780 or 1800’s establishing the location. The legislature back in late 80’s to early 90’s recognized the ambiguity of establishing where a highway might be and gave the Selectmen the power to establish the centerline based on all known evidence, photographs, testimony of people, tree stumps, etc. 

The 1st step under the statutes is to make a decision based on the information that is available to determine where the road is today. The board has the inherent authority to locate that right-of-way to some other point based on the ability to accept a dedicated highway, if it is in the public interest to relocate it to a new location. If the landowner(s) does not agree, they have a statuary right to appeal to Superior Court. The Court is not going to upset a decision of the Board if the decision is made in good faith with all information that is available. The 2nd step to this process is the Board can accept a deeded easement for a Town Highway and accept an alternate route. 

Since there is not an agreement on where the current right-of-way is, the Board feels before it is willing to consider relocating the right-of-way, they would like to establish as best as they can where it is. A map has been located and a surveyor has been hired by the town to use this map and any other available information as a reference to mark the centerline.  Mike Patterson is going to try and do job this by the end of January; this project can be done regardless of the amount of snow.

With regard to step 2, the criteria is the term “convenience” which means an accommodation, what layout allows the public to travel along the road at the same time while not upsetting or bothering other interests in land or adjourning land owners. The Board should use a common sense approach in making its decision and not treat the decision as an emergency. They need to ask them selves what would a prudent person do in a similar situation. 

Paul is asked if the map does not show any metes or bounds, isn’t it true that the Board can accept the place of the road without hiring a surveyor.  The Board has to use the best available evidence to establish the location; if the Board feels most comfortable with hiring a surveyor they can request the survey. Again, all available information has to be used in making this determination. The landowner can give the surveyor other maps and information to use. Doug has maps and affidavits from different people’s recollection of the area. He will make a complete presentation to the surveyor. He will do a package in written form for the Board to review. Mike’s survey should be postponed until the package is complete, which will be before the 1st meeting in February. 

Other Business
Paul is asked what the procedure is if there is no plan in place on the Linda Simpson situation by the court date. The court could order the house closed and she may be held in contempt of court. Paul does not think there will be a waiting period for eviction. If the bank states it will take a few extra days to get the financing taken care of the court may be more flexible. If there is no financing and no solution, the judge will probably not back down. 

Grant agreement from the Community Loan Fund needs to be returned by 1/30/2004. The board took copies of the grant for review.

Walt met with John Rahill of Black River design regarding a feasibility study for a new town building, combining the Fire Station and Town Hall into one. The study would include projected costs for the building. A Committee of Town Residents would be involved with the study and if the study is done, it will give the Board some direction in how to start the process.

Motion: Bill moved the minutes of 12/16/2003.  Mary Just Skinner seconds, motion carries. 

Washington Electric Co-Operative, Inc. – permit request to perform work on the Notch Road to install a 7200-volt distribution line to serve the new Gourley residence. Gary has reviewed and accepted.

Washington Electric Co-Operative, Inc. - permit request to perform work on Meade Road to install a 7200-volt distribution line. Gary has reviewed and accepted.
Motion: Mary Alexander moves to approve the above permits. Bill seconds, motion carries.
 
Correspondence
Invitation from U-32 to participate in U-32’s FY2005 Budget and anticipated tax impact on the community 1/7/2004

Superior Court of Vermont – notice of time and place for budget meetings FY2005

Quinland Publishing Group – subscription order from for Grants for Cities and Towns

VLCT News

State of Vermont Department of Public Safety - notification that the FEMA has released funds for the Great Brook Road Erosion Control project.

VLCT – Municipal Lands Management seminar 1/29/2004

VLCT Municipal Policy Priorities

Planning Commission minutes of 12/10/2003

State of Vermont Agency of Commerce & Community Development – notice of release of funds; Central Vermont Revolving Loan Fund Project

State of Vermont Department of Taxes – Certified Equalized Education Property Value effective 1/1/2004

State of Vermont State Police – enforcement contacts for the month of November and December 2003

Meeting adjourns at 10:25 p.m.

Respectfully Submitted,


Cindy Carlson
Executive Assistant to
The Middlesex Selectboard