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Approved 11/22/04
Middlesex Select Board
Minutes of November 9, 2004
Present: Walter Kelley, Bill Callnan, Cindy Carlson, Peter Hood, Ron Mazzucca,
Gary Lamell, Mary Just Skinner, Mary Alexander
Meeting called to order at 7:01 pm
Ron Mazzucca addresses the Board with regard to auxiliary apartments and asks the Board to consider adding this section to the existing zoning so the town complies with requirements by the state.
Gary Lamell, Road Commissioner
The Board was presented with handouts addressing Motor Vehicle interpretation of Title 23 V.S.A. section as requiring municipalities to register over-the-road maintenance equipment. There was discussion of a notice of changes to the Manual on Uniform Traffic Control Devices affecting street name signs; compliance date is January 9, 2012.
The Box Culvert has been installed on the Three Mile Bridge Road and the project is complete. The Grant for Government Hill has been approved. Gary has cleaned up his side of the Town Garage in anticipation for the improvements the Fire Department will be doing.
The Board discusses the situation on Jane Dudley’s property. The Board does not feel the Town has any liability based on the facts, as they know it.
Discussion of Flanagan/Austin Property
Doug LeBrun, Flanagan/Austin’s attorney, has contacted Paul Giuliani to see if the Board would confer upon Paul some kind of settlement authority to establish a route that will take less or equal work compared to the Board’s favored route and to bring it to a passable state.
The Board discusses the following points:
1. The Board has done its best to establish the current right-of-way.
2. In August, the Board inspected a new proposed alternate route that started below the current driveway and ended above the driveway running parallel. In general, it was the most viable of other routes offered, but the current right-of-way is straighter and shorter.
3. The Board needs to think about the future and what their response will be when they are asked to improve the right-of-way making it passable. Currently there is a spring and a pond in the town’s right-of-way and the right-of-way is blocked.
4. The Board has an obligation to listen to proposals and ask for comparable alternate routes.
5. Should the current right-of-way be marked and or improved.
Most of the complaints that have been made are that the current right-of-way is blocked and the Board should have asked that they be removed.
The Road Commissioner recommends to the Board that they assert the current right-of-way, mark its location, allow a reasonable amount of time to remove the items blocking it and allow a longer period to remove the spring and pond. He does not feel that any improvements should be made to the right-of-way and anyone wanting to make improvements should make the proper request.
Motion: Bill moves that the town assert their right-of-way as being the flagged site that Mike Patterson marked. Mary Just Skinner seconds.
There was further discussion on how the town would assert its right-of-way.
Motion: Bill amends his motion that the town assert their right-of-way as being the flagged site that Mike Patterson marked, require removal of brush, trees, boulders and the right-of-way blazed within 30 days. The town will remove the blockage at the towns expense if the property owner fails to do so with in the time frame. Mary Just Skinner withdraws her second. Motion dies for lack of a second.
Motion: Walter moves to assert the towns right-of- way as the flagged site that Mike Patterson marked, require removal of brush, trees, boulders blocking the right-of-way and the right-of-way blazed within 30 days. All other man-made obstructions blocking the right-of-way not limited to the spring and pond must be removed within 6 months. All costs at the Flanagan/Austin expense. Mary Just Skinner seconds.
Walter, Peter and Mary Just Skinner vote yes, Bill votes no, Mary Alexander abstains.
Paul Giuliani will be asked to write a letter to Flanagan/Austin with a copy to their attorney.
There was discussion of the follow up possible violators of the Junk Vehicles/Junk Ordinance. The letters were sent out and Joanne has followed up with the property owners. Most of the properties have been cleaned up and she is still working with a couple.
Susan Clark, Town Meeting Solutions Committee
The Committee thanks the Board for their support to the committees work. The following points were discussed.
1. Dedicating the town report to someone every year.
2. It has been suggested that examples be used of how the budget will affect someone who has for example a $100,000 house.
3. Discussion that the Budget Committee and Select Board report should coincide.
4. Discussion of the town hall being crowed and the voting booths distract from the meeting.
5. Childcare was offered last year in the church, but there is only room for 12 children. The upstairs of the fire department or the meeting room of the town hall could be used.
6. The moderator should repeat the question into the microphone. The Select Board should stand up and speak clearly from the front of the meeting. It was suggested that perhaps a moderator who is not a Select Board member be appointed.
7. Discussion of the start time and length of the meeting and the church’s dinner. The Board is open to having the meeting start at 4:30 but keep the budget time for 5:15 and reviewing the order of the special articles. The Committee should ask if starting the meeting at 4:30 is acceptable to town residents.
8. Discussion of the non-profits funding requests. East Montpelier has created a committee to research these requests; an application has to be completed. At town meeting, the letters are available and one person is asked to speak on behalf of the requests. It was suggested that a summary of the requests be included in the town report. The Town Meeting Solutions Committee will develop an application.
9. It has been suggested to print in the Town Report the Robert Rules and to have them as a hand out. This year the town report will include a town contact sheet.
10. Last year the committee wrote a letter to new additions to the checklist inviting them to the town meeting. The board will fund this project this year.
11. There has been discussion about holding a photo contest and the winning photo would be on the cover of the town report. The committee is asked to help make recommendations to the dedication of the town report.
Other Business
Mary Alexander has confirmed with Paul Giuliani that the North Branch Cemetery can be deeded to the Town. The cemetery has lost its charter as no annual report was filed in 1997 or 1998, the remaining Association can deed the property to the town. The Board can act as the Cemetery Commissioner and under State Statutes; the Town has to take over the cemetery.
Motion: Mary Alexander moves that the Town of Middlesex take over the North Branch Cemetery from this date forward accepting all of their assets, real-estate and debts and that a deed is prepared conveying the property from any remaining trustees. Mary Just Skinner seconds, motion carries.
Motion: Mary Just Skinner moves the minutes of 10/12/04. Bill seconds, motion carries.
Motion. Mary Just Skinner moves the minutes of 10/26/04. Mary Alexander seconds, motion carries.
Grant funding for counting machines is still available through the Secretary of State. The machine has to be programmed prior to each election for the ballots, this cost can be $500 to $1,000 per ballot.
The Planning Commission next meeting is 11/10/04, and they will be discussing how to proceed with the zoning. The Board should obtain a legal opinion on how to extend the interim zoning and the Planning Commission invited to the next Board meeting.
The Feasibility Committee has met and developed an agenda for its meeting. They will hold interviews with the various departments.
There was discussion of the request for support for the construction of a Band Stand. There is no need to hold a public hearing, the item should be discussed at town meeting.
Correspondence
Central VT Regional Planning Commission agenda for 11/9/04 meeting
VLCT Board notification of FY06 Dues
Letter from State of Vermont concerning flood repetitive loss locations on Rich Road. Peter will advise there is no Rich Road in Middlesex.
Copy of letter from Darby Stearns Thorndike Kolter & Ware, LLP concerning Rivers Development LLC
VLCT News
Opinions News Letter
Copy of Town of Moretown Development Review Board concerning Ben & Denise Sanders Proposed Findings of Fact and Conclusions of Law
Vermont Department of Banking, Insurance Securities and Health Care Administration 2004 Vermont Managed Health Care Plans: A Guide for Consumers
CVSWMD Meeting of the Board & Executive Board of Supervisory 11/03/04 meeting
Meeting adjourns at 10:07 p.m.
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