MINUTES OF THE SHAFTSBURY SELECT BOARD
MARCH 17, 2008
COLE HALL
SHAFTSBURY, VERMONT
Board Present: Wynn Metcalfe. Bill Pennebaker, Lon McClintock, Karen Mellinger, Cinda Morse
Others Present: Henri Billow (Treasurer), Mitchell Race, Mike Gleason (Bennington Banner), Aaron Chrostowsky (Town Administrator), Susan Swasta (Recording Secretary)
1. Call Meeting to Order:
Chairman Lon McClintock called the meeting to order at 7:02 PM.
4. Minutes:
February 18, 2008 Select Board minutes
Bill Pennebaker made motion to approve February 18, 2008 minutes. Cinda Morse seconded.
The following correction to the February 18 minutes was requested:
On page 2, under item 7 (Glebe Land), in first paragraph, first sentence, "(Gestner?)" is changed to "Gestner." In second sentence "front man" is changed to "representative."
Motion to approve February 18 minutes as amended carried 5-0-0.
February 25, 2008 Select Board minutes
Ms. Morse made motion to approve February 25, 2008 minutes. Karen Mellinger seconded. Motion carried 5-0-0.
March 3, 2008 Town Meeting minutes
Ms. Morse made motion to approve March 3, 2008 minutes. Ms. Mellinger seconded. Motion carried 5-0-0.
March 10, 2008 Select Board minutes
(Ms. Mellinger requested a change in spelling from "Phyllis Jakubowski" to "Phylis Jakubowski", but the original spelling is correct.)
Ms. Morse made motion to approve March 10, 2008 minutes. Mr. Pennebaker seconded. Motion carried 5-0-0.
Chairman McClintock asked if any Board member needed to recuse himself or herself from discussion of any topic on tonight's agenda. None did.
3. Warrants:
The following warrants were presented for approval:
Transfer Warrant $55,454.09 (water and landfill)
Ms. Morse made motion to pay the transfer warrant. Mr. Pennebaker seconded. Motion carried 5-0-0.
Payroll Warrant #37: $ 8,429.80 ($1761 overtime)
Ms. Morse made motion to pay the payroll warrant. Ms. Mellinger seconded. Motion carried 5-0-0.
AP Warrant #41: $ 4,488.53 (includes sheriff payment)
Ms. Morse made motion to pay the general warrant. Ms. Mellinger seconded. Motion carried 5-0-0.
4. Public Comments:
There were no public comments.
5. Select Board Rules and Procedures:
Board members discussed issues that need to be resolved before readopting the Select Board Rules and Procedures. Ms. Mellinger pointed out two minor revisions on page 2, section G. In sentence four, "The Board member" is to be changed to "A Board member." In sentence six, "unable preside" is to be changed to "unable to preside." She also noted that a notice needs to be placed in the paper announcing regular meeting time and place.
Ms. Mellinger asked what happens if someone petitions to have a Board member disqualified from a matter because of a conflict of interest, as described in section G. Mr. Pennebaker said that the rules state that the Board Chairman decides.
Chairman McClintock said that it is not fair for the Chairman to decide, and that the Board as a whole should decide on disqualifications. He said that they are now bound by the general conflict of interest policy, and that if Board members have issues with it, they should review it. He believes it should be reviewed and clarified.
Ms. Morse made motion to adopt the Select Board Rules and Procedures, with the proviso that the conflict of interest section be reviewed, and that the two edits noted above to section G be made. Ms. Mellinger seconded. Motion carried 5-0-0.
6. Budget Status Report:
Treasurer Henri Billow came to the table. She reported a fund balance as of March 15 of $83,697. However, $45,579 of this amount is still due to the General Fund from other funds, leaving actual $38,118 cash available. The last Hyway payment, due April 15, is $38,455. She noted that 83.7% of the budget has been spent, but only 70.8% of the fiscal year has gone by.
There was discussion of a budget error in which 100% of a grant was budgeted to grants, rather than 20% being budgeted to the General Fund. It is not yet known whether this is an accounting issue or a cash issue of actual overspending. This will be clarified for next week's meeting.
Ms. Billow stated that delinquent taxes are $114,286. Last year at this time the amount was $69,000. Ms. Mellinger said that Tax Collector Mert Snow expects about $55,000 in delinquent taxes to be paid before now and June.
There was discussion of expected incoming revenue. Mr. Chrostowsky went over a list of revenues he had prepared. Ms. Morse asked what estimated expenditures are for the rest of the fiscal year, and Ms. Billow replied that last year the amount was $194,000. The estimated revenue to come in is about $122,000. She would like to open a line of credit to cover anticipated expenses.
Mr. Pennebaker made motion to approve a $150,000 line of credit for current anticipated expenses, with the understanding that it will be effectively repaid by the end of the fiscal year. Ms. Morse seconded.
Ms. Billow said she will only take out what is needed. Ms. Morse stated that this will require close monitoring on the Board's part. Chairman McClintock stated that Fire Chief Joe Vadakin has agreed to have the $1700 reimbursement for the new television delayed for one month. Board members agreed that all department expenditures are to go through Mr. Chrostowsky.
There was discussion of whether or not to buy a new copier for Cole Hall's second floor right away. Mr. Metcalfe suggested that the George Hawkins Fund could be used for this purchase, since it had been used to buy equipment in the past. Board members agreed that it would be a major inconvenience for second floor personnel to have to go up and down the stairs for copying. Mr. Chrostowsky was authorized to look into the Hawkins Fund.
Motion to approve a $150,000 line of credit for current anticipated expenses carried 5-0-0.
7. Liaison List:
Chairman McClintock asked for suggested additions to or subtractions from the list. Mr. Chrostowsky stated that he had added the Ancient Roads Committee, Facilities Committee, and Work Camp Committee. There were no other additions.
Ms. Morse said that the two groups she had been liaison to last year would be more efficiently served by a change. She recommended that Mr. Pennebaker serve as liaison to the Planning Commission, and Mr. Metcalfe serve as liaison to the Development Review Board (DRB). All agreed to the change. Ms. Morse will take on the Bennington County Regional Commission (BCRC) and the Bennington County Industrial Commission (BCIC). She will also retain the Policies and Procedures Committee assignment.
Either Ms. Mellinger or Mr. Pennebaker will take the Ancient Roads Committee liaison position. Mr. Metcalfe will take the Work Camp Committee and Ms. Mellinger the Facilities Committee. Chairman McClintock said that he will take on the liaison assignments that Mr. Metcalfe had last year. Except for the changes noted, the list will remain the same as last year. Mr. Chrostowsky will prepare a new master list.
Chairman McClintock noted that there are three vacancies on the DRB, two on the Planning Commission, one on Trustees of Public Funds, and one on Listers.
Mr. Metcalfe made motion to reappoint David Mance, Fritz Ludwig, and Gary Burgess to the DRB, and Craig Bruder and Chris Williams to the Planning Commission.
Chairman McClintock stated that they have not applied for reappointment. Ms. Mellinger and Chairman McClintock thought that the public should be given an opportunity to apply for the seats, which expire April 1. Chairman McClintock ruled that Mr. Metcalfe's motion is out of order because it does follow correct procedure. He said that the people whose terms have expired should be notified, with the same deadline to respond that is given in the public notice for application.
Ms. Morse noted that, given that a reappraisal is coming up, a lister vacancy is a serious issue. She stated that there had been discussion in the past of hiring someone with a professional background. Ms. Mellinger said she had spoken with lister Angie Abatello, and that former lister Elaine Coonradt is willing to help out until the spot is filled. Mr. Metcalfe said that Ms. Coonradt would like a one year appointment. Chairman McClintock said he has also heard from someone who would be interested. Ms. Morse agreed to pull together a proposal for hiring a new lister for the meeting three weeks from tonight.
8. Bridge Inspection Report:
Chairman McClintock stated that he and Mr. Chrostowsky had met with Road Foreman Ron Daniels. According to Mr. Daniels, Bridge #16 on Granger Hollow Road needs to have fill added around eroded footings, and guardrails need to be replaced. Bridge #19 on Shaftsbury Hollow Road has an excess amount of gravel on the bridge deck that needs to be cleaned off with the grader.
Ms. Morse made motion to approve the Bridge Inspection Report. Mr. Pennebaker seconded. Motion carried 5-0-0.
9. Annual Highway Financial Plan:
Chairman McClintock stated that the financial plan has to be filed annually with the state. It includes a description of projects on tap for this year. In addition to those on the list, three more have been added: work on Myers Road off of Route 7A, removal of dead trees along Airport Road, and sidewalk project work.
Ms. Mellinger made motion to approve the Annual Highway Financial Plan. Ms. Morse seconded. Motion carried 5-0-0.
10. Road Damage Report:
Chairman McClintock stated that he and Mr. Chrostowsky met with Mr. Daniels to talk about progress made. He listed the roads that have had work completed, and said that drainage and ditching have been improved in addition to fixing storm damage. Mr. Metcalfe noted that North Road, on the list as completed, has a huge chunk of pavement missing, with no cone marking the spot. This still needs to be addressed.
Ms. Mellinger stated that Mr. Daniels' request for a second grader, at a cost of $5000, seems critical even in light of budget restraints. She said this needs to happen while the roads are still soft enough to work on. All agreed that Mr. Daniels should be authorized to arrange for the second grader.
11. Review Swap Shed Proposal:
Mr. Pennebaker stated that the basic proposal, presented last week, remains unchanged. Mr. Chrostowsky went over the financial outlook statement he had prepared, which included estimated one-time costs and operating costs. Mr. Pennebaker said that the big assumption is that donations will offset operating costs.
Mr. Chrostowsky stated that electricity will be connected to the pole barn by digging a trench. He noted that $500 could be saved by piggybacking onto the transfer station building, but the utilities for that building are paid by TAM.
Ms. Mellinger asked if it is possible to piggyback onto the present building, then pay TAM for electricity costs above what they have been paying. Chairman McClintock suggested calling TAM and asking them if this can be done.
Ms. Mellinger made motion for the Select Board to authorize BCRC to proceed with the swap shed proposal to the state, as presented. Mr. Pennebaker seconded.
Ms. Morse said that she would still like to see a nominal charge for leaving stuff there, even if it's only $1. That way they would have money to get rid of things that don't go away. Chairman McClintock said that with a fee you'd be paying more to put something in the swap shed than you would to throw it away. He said that if Pay As You throw (PAYT) fees are increased a little the swap shed could be free.
Ms. Mellinger stated that she does not know if the state will accept the proposal if it is not revenue neutral. She said that the Solid Waste Committee will come up with a way to make it revenue neutral. Once they hear back from the state, they'll decide on those things.
Ms. Morse offered a friendly amendment to the original motion that would include provision of a donation or fee.
Motion for the Select Board to authorize BCRC to proceed with the swap shed proposal to the state, as amended to include provision of a donation or fee to ensure it is revenue neutral, carried 5-0-0.
11. Other Business:
Mr. Metcalfe asked what the deadline is for getting something on the meeting agenda. Chairman McClintock asked that agenda items be in by Wednesday if at all possible.
Mr. Metcalfe asked when the sidewalk will go out to bid, since construction companies are already booking for summer work. Mr. Chrostowsky replied that he hopes to have an updated timeline by the end of the week.
Mr. Metcalfe recommended that the upstairs copier be replaced sooner rather than later. All agreed to authorize Mr. Chrostowsky to go up to $600 in replacing the copier.
Ms. Mellinger reported that Rep. Alice Miller is in the hospital after a fall, but is still working. She will not be back to town for a couple of weeks.
Ms. Mellinger said that someone had asked her about the possibility of Board meetings being televised live every week. Daniel May of CAT TV replied that Monday is a busy night, so the best they could do would be to record the two extra meetings. Mr. Chrostowsky said that he knows a student who would be interested in doing the recording as an intern. There would be a $50 cost for recording each extra meeting. Ms. Mellinger said she would check things out further.
Ms. Morse reported that the Economic Development Committee (EDC) is working on the village center designation. She will give a rundown next week. Chairman McClintock noted that there is a small community sewage program on June 4. Ms. Morse said she will bring it up at the EDC meeting.
Chairman McClintock raised the issue of the use of the fire station for private events serving alcohol. He said Mr. Chrostowsky will present a Town policy for the Board to consider. Fire Chief Joe Vadakin will be part of the discussion.
Chairman McClintock announced a rabies clinic at Whitman's, a Vermont League of Cities and Towns Select Board Institute, and a BCRC meeting.
Mr. Metcalfe made motion to adjourn. Mr. Pennebaker seconded. Motion carried 5-0-0.
The meeting adjourned at 9:12 PM.
Respectfully Submitted,
Susan Swasta