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MINUTES OF THE SHAFTSBURY SELECT BOARD
SEPTEMBER 11, 2006
COLE HALL
SHAFTSBURY, VERMONT
Board Present: Wynn Metcalfe, Chairman, Cinda Morse, Bill Pennebaker,
Jim Mead, Karen Mellinger
Others Present: Aaron Chrostowsky, (Town Administrator), Susan Swasta
(Recording Secretary)
1. Call Meeting to Order:
Chairman Wynn Metcalfe called the meeting to order at 7:00 PM. He asked that
those present observe a moment of silence in memory of September 11.
2. Warrants:
The following warrants were presented for approval:
·
PR#10 - $ 6,251.73 payroll warrant
·
AP#15-2 - $ 675.94
Jim Mead made motion to pay warrants. Karen Mellinger seconded. Motion
carried 5-0-0.
3. Minutes:
August 21, 2006 Minutes:
Cinda Morse made motion to approve August 21 minutes. Ms. Mellinger
seconded. Motion carried 5-0-0.
August 28, 2006 Minutes:
Ms. Morse made motion to approve August 21 minutes. Ms. Mellinger seconded.
The following correction to the August 28 minutes was requested:
Page 1, Section 3 (Minutes):
There was a technical problem in distributing the August 21
minutes, so ap- proval of minutes was postponed.
Motion to approve August 28 minutes as amended carried unanimously.
4. Public Comments:
Chairman Metcalfe announced that the meeting this week in Hoosick Falls
concerning the proposed landfill has been canceled. He also announced that
there will be a meeting at Mt. Anthony High School on Wednesday night
concerning consolidation of schools. The Superintendent would like Select
Board members to attend if possible.
5. Landfill Closure Update:
Mr. Mead reported that three out of four of the landfill methane wells had
tested over the LEL (lower explosive level) limit. Aaron Chrostowsky informed
Buzz Surwillo of this, but has not yet heard back from him.
Ms. Morse asked if this higher level might be a result of landfill closure
activity, and Bill Pennebaker replied that it might be, due to the heavy
trucks on the site. Wells should be retested after conditions settle down. Mr.
Mead noted that the problem wells are those located to the north of the site.
Mr. Pennebaker said that the state needs to advise the town on this matter.
Mr. Mead stated that he is willing to put a methane detector on the Eastman
property if it does not involve any electrical work. He does not want to put
in an outlet.
Mr. Pennebaker distributed two spreadsheets to Board members containing
information on landfill closure. He stated that costs for sand had gone over
by a substantial amount because the layers put down were thicker than
anticipated. He did not feel justified in switching from the Harringtons’ sand
to the lower-cost TAM material because the latter may have required screening.
Ms. Mellinger asked if it is possible to hold Reifenberg to the thickness from
the project specs, and was told that it is probably not, and that in any case
it is safer to have thick layers than thin ones. The sand cost a total of
$117,000, which is about $42,000 more than expected.
Mr. Pennebaker reported that Reifenberg has asked for an additional $80,000,
claiming that the landfill area covered went over by 29,000 square feet. The
area in question is the northwest corner, where Mr. Pennebaker had noted
problems which Reifenberg then fixed .
Both Mr. Pennebaker and Mr. Chrostowsky are certain that the amount of overage
being claimed is totally erroneous. They showed a map indicating that the area
in question includes some of the Eastman property. They will have John Endres
do a survey to define the periphery of the cap. This will cost about $500. Ms.
Mellinger asked why the town should pay $500 for surveying if it is
Reifenberg’s error. Mr. Pennebaker agreed that this is a legitimate point.
Mr. Pennebaker stated that the topsoil issue still needs to be resolved.
Reifenberg is allowing $15 per cubic yard for topsoil, but it will cost
considerably less, resulting in a credit. There was a discussion of the
finances of landfill closure, and Mr. Chrostowsky said that he will prepare
details of all bills for next week’s meeting.
In the meantime, the adjustment for topsoil charges will be pursued, and
Reifenberg will be informed that the town is surveying the area in order to
address the overage charge. The final bill will not be paid until these issues
are resolved, which should cause no problems in meeting payment deadlines.
Mr. Pennebaker reported that he had told Reifenberg that they have to retain
some responsibility for the site until grass is growing there -- that they
cannot just walk away. He stated that the $33,000 retainage should not be paid
until spring. Chairman Metcalfe said that the contract language concerning the
retainage should be checked.
Chairman Metcalfe reported that he, Mr. Pennebaker, and town attorney Rob
Woolmington had met with state attorneys in Rutland concerning the fine
assessed the town for exceeding landfill tonnage limits. He does not believe
the fine will be reduced.
Mr. Pennebaker noted that the project to be funded by the fine must be
something that the town would not normally spend money on, and that it must be
carried out by an independent organization. The town was given 180 days to
define a project and begin working toward it. Chairman Metcalfe also noted
that the state attorneys were adamant that landfill recertification be
completed by December.
6. Pay As You Throw (PAYT) Update:
Referring to a spreadsheet prepared by Mr. Chrostowsky, Chairman Metcalfe
reported that PAYT is on budget. Ms. Morse pointed out that this is so even
with much less tonnage. Mr. Pennebaker said that he expects monthly revenue to
drop, them level out to a steady state. Ms. Morse asked if the town should
consider dropping one of the days that the landfill is open, since activity
has decreased. This may be a possibility.
Mr. Chrostowsky stated that he had checked to see if PAYT procedures are being
followed, and that all bags he saw were properly stickered. He thinks some of
the criticism may be based on the fact that the PAYT employee has been
instructed not to help people with their bags, but to keep watch on what is
going into the truck.
Ms. Mellinger stated that she had witnessed people dragging obviously heavy
bags with only one sticker, that she had seen some bags with no sticker, and
that a resident had complained that some cars lacked car stickers. Mr.
Chrostowsky said that he had instructed the employee to refuse entrance to
anyone without a car sticker. Ms. Mellinger asked Mr. Chrostowsky to continue
to keep watch to see that things are done correctly.
7. Sidewalks Update:
Mr. Chrostowsky reported on the timeline he had prepared for the sidewalk
project. Stages one through three have been completed, and stage four is in
process. He has determined that engineering costs should be $21,000, and now
Chairman Metcalfe will talk to Jim Secor about donating services. If an
engineer must be hired, it should go out to bid as soon as possible.
Mr. Chrostowsky has contacted an archeological consultant and expects to hear
back this week. Stage five, categorical exclusion, involves sending letters to
all the state agencies, and can’t be done until plans have been drawn. Ms.
Mellinger noted that CVPS sometimes needs to be notified a year in advance if
poles need to be relocated. Mr. Chrostowsky said that it should take about two
months to get plans. The project would probably go out for construction bid in
March.
8. Other Business:
Ms. Morse asked about follow-up on the problem with the Vachon’s drainage pipe
and was told that Road Foreman Ron Daniels will be going there tomorrow. She
reminded the Board that they had agreed to look at the Grange Hall. It was
decided to meet there next Monday at 6:30. Chairman Metcalfe asked that people
think about specific uses before visiting the property.
Ms. Morse asked about the Town Line Road work in front of the Gulley
residence. Chairman Metcalfe replied that it has been taken care of by Mr.
Daniels and that everything is documented.
Ms. Mellinger reported that John Tiffany expressed concern that the Select
Board has handed over responsibility for approving curb cuts to the
Development Review Board (DRB). He believes state statute requires the Select
Board to perform this function. Ms. Mellinger stated that she had checked the
statute and that it clearly spells out that it must be done by the Select
Board or by the Board’s designee. This would be the DRB.
Chairman Metcalfe announced that there is an upcoming municipal highway
supervisors day. He thinks Mr. Daniels and another highway employee should
attend, and Board members agreed.
Ms. Mellinger reported that she had attended an emergency response drill at
Lake Paran. It had been quite impressive, and town emergency representative
Jerry Mattison is doing a terrific job.
Mr. Chrostowsky said that he had distributed Vermont League of Cities and
Towns (VLCT) information to Board members concerning reserve funds. The Select
Board may use reserve funds as they see fit, and may call a special town
meeting to reallocate funds for something else. He stated that he had attended
a Wednesday session on setting water fees, and also a session on capital
budgeting.
8. Executive Session (Personnel):
Ms. Morse made motion to go into Executive Session (Personnel). Mr. Mead
seconded. Motion carried 5-0-0. Board went into Executive Session at
8:17 PM.
Meeting adjourned at PM.
Respectfully Submitted,
Susan M. Swasta
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