Approved 11/24/08

SELECTBOARD MEETING MINUTES                                                  

7:00 p.m.  Meeting called to Order

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Others-Greg McGrath, Deborah Chambers, John Larrabee, John Vose, Peg Coutermarsh, Cicely Richardson; Staff-Debbie Messer.

Minutes from November 10, 2008 approved as written. 

Correspondence.

The Town of Fairlee is a 2008 VLCT Health Trust Leader Award Recipient.  Awards were presented at the Health Trusts Annual Meeting at the Burlington Sheraton on Friday, November 14th. 

We have been awarded a Better Backroads Grant in the amount of $7,000.00 for the Quinibeck ditching project.  Given state and federal funding this is a real coup for Fairlee.  Work to begin in the spring.

Bigelow Paving did the work on Lake Morey Road today and will be back to do Brennan Road on Wednesday. 

The Selectboard signed the VLCT resolution calling upon Congress to increase the weight limits on Vermont highways.

Public Comment. 

Deborah Chambers asked if the town has looked into Pratt’s Easy Cap Program for fuel/propane needs.  Messer to call Bradford-Pratt’s’ regarding fuel costs and this program.

Follow-Up Items.

Bald Top Road & Class 4 Roads General Discussion – Winter Road Policy.  Malcolm and Andrew Godfrey went to a Vermont Local Roads workshop last week where winter roads policies were discussed.  They learned that this sort of policy is for the towns’ protection.  We looked at policies from several others towns as a model.  Messer is to bring back for board adoption next week during the highway meeting. 

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The board discussed options for Bald Top Road:  Do nothing, Upgrade the entire road to Class 3, and lastly, upgrade the lower portion to the reservoir to Class 3.  Will continue to look at all options and associated costs.

What happens if we plow one Class 4 and not others?  Messer added that there are no known municipalities where one or two Class 4 roads are maintained while others are not.  They either do all or none.  Tim commented that he had no problem plowing a Class 4 road with year-round residences on it.  If the road is either maintained as a Class 4 or upgraded to a Class 3 and there are school-aged children living on Bald Top, will school busses have to travel that road?  Ken said his sister-in-law told him of an instance in Orford where Pediatrician Mark Harris made it so a bus had to pick up school children on a road previously not served by the school busses.  Jay reminded all that plowing Bald Top Road is for this winter only.

The board reviewed the Budget Committee Roles & Responsibilities.  They will look at this again at the next meeting.

Messer was asked to consult with VLCT and the Secretary of State regarding Wilcox Lane and any right-of-way issue.

The selectboard agreed to proceed with the discontinuance of Town Highway 29.  The road spur between Silver Maple Lodge and Leda’s Restaurant.

New Business.

Orders signed.

8:20 p.m. Meeting Adjourned.

Next meeting:  Selectboard Meeting, Monday, November 24, 2008 at 7:00 p.m.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

Approved 11/17/2008

SELECTBOARD MEETING MINUTES                                                   November 10, 2008 

7:00 p.m.  Meeting called to Order

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Others-Greg McGrath, Kevin Cole, Bob Maddock, Lance Colby, Barry Larson, Roger Carlson (Aire-Deb Corp.); Staff-Debbie Messer.

Minutes from November 3, 2008 approved as written. 

Correspondence.

Letter from Kathleen Mallett regarding Bald Top Road.  Survey work has been completed.  Debbie Messer asked to contact town attorney regarding right-of-way.

Renewal commitment letter for Lister’s software at $800.00 signed.

Beaver problem at the Mark and Tracy Martel culvert and Terry Hill Road culvert.  Messer is working on this.

Public Comment. 

Lance Colby told the board that the security gate at the pump house has been installed and looks great.

There was a “bloom” of blue-green algae on Lake Morey in past days.  Greg McGrath has been in contact with the DEC and they state that this is not unusual for this time of year and shouldn’t last for mote than a few days. 

Dumping reported at the turn out north of town.  Messer to call State Police.

Follow-Up Items.

Roger Carlson of the Aire-Deb Corporation gave a presentation of their MagneGrip Exhaust Evacuation system.  They have quoted a price of $46,577.00 for turn-key installation at the Emergency Services Building.

Budget items.  Emergency Services Building might include: flooring, painting, exhaust system.  New motor to have on-hand for the Water Department.

Messer was asked to set up water meeting as soon as possible.

Future agenda items to include highway, Wilcox Lane ROW, Discontinuance of Leda’s/Silver Maple Lodge road spur, budget preparation, AA/ZA job description development.

New Business.

Orders signed.

9:20 p.m. Meeting Adjourned.

Next meeting:  Selectboard Meeting, Monday, November 24, 2008 at 7:00 p.m.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

7:00 p.m.  Meeting called to Order

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Others-Deborah Chambers, John Larrabee, Sarah Larrabee, Kevin Cummings, Cicely Richardson; Staff-Debbie Messer.

Minutes from October 27, 2008 approved as corrected. 

Correspondence.

Peter Mallary resigned from the Library Board of Trustees.  Heather Tilghman appointed to fill vacancy until Town Meeting Day.

Ernest Sargent has resigned as Town Agent and from the Water Advisory Board.

Lisa Avery came in to see Debbie Messer regarding Knox Road.  She asked Messer to inform the board of major drainage problems caused by logging trucks.  Messer asked Malcolm Godfrey to assess the road.  Godfrey reported that the waterbars need to be redone after logging traffic ceases. 

Kevin Cummings asked the board about a permanent electronics drop-off at the Transfer Station.  Messer to research.  Tim Cramer will research remanufactured asphalt for that location.

John Larrabee reported back to the board of interest by the Tuck School to help with Fairlee needs consultation.

Town Plan Public hearing scheduled for Thursday, November 6, 2008 at 7:00 p.m. 

Public Comment. 

Bald Top Road.  Sarah Larrabee came before the board to discuss the proposed plan for the road.  Plowing and upgrade are both concerns for her.

Follow-Up Items.

John Larrabee to purchase chain and lock for Lake Morey Road gravel pit.  Messer to ask Leon C. Marsh, Jr. about the portable toilet there.

Russ and Therese Collins gave the board a 2008 Flea Market wrap-up.  Successes and ideas for improvement were discussed.  The board asked Messer to find an arborist or other knowledgeable party to look at the Railroad Station property.

Personnel, Computer, and Town Equipment Use Policies were approved by the board effective November 3, 2008.

Conflict of Interest policy.  The board reviewed the VLCT Conflict of Interest policy and version drawn by Messer for the board.  They also reviewed Fairlee’s DRB version.  Ken Gulick gave the board his proposed version which the board approved 3-0 effective November 3, 2008.

Paving Bids.  Paving bids from Blaktop and Bigelow Paving for hand work on Lake Morey Road were opened by the board.  Blaktop’s bid was $225.00 per ton and Bigelow Paving bid $144.00 per ton.  The board voted 2-0, Cramer recused himself from the discussion, to accept the bid from Bigelow Paving.  Messer to notify and schedule work to be completed by November 30.

The selectboard rejected the Park & Ride grant award of $3,035.00. 

The board reviewed the budget calendar.

New Business.

Orders signed.

9:20 p.m. Meeting Adjourned.

Next meeting:          Town Plan Public Hearing, Thursday, November 6, 2008

Selectboard Meeting, Monday, November 10, 2008 at 7:00 p.m.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

SELECTBOARD MEETING MINUTES                                                   October 21, 2008     

7:00 p.m.  Meeting called to Order

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Others-John Larrabee, Bob Maddock, Cami Buster, Tom Jaffarian, Scott Sargent, Paul Sargent, Dan Ludwig, Phil Bean, Skip Brown, Jane Bayley Brown, Hazel & George Pratt, Butch Colby, Chris Gulick, Alex Nuti deBiasi; Staff-Noel Walker and Debbie Messer.

Minutes from October 6, 2008 approved. 

Correspondence.

Park & Ride grant agreement.  Fairlee’s commitment to the $3,035.00 grant is that it will be used to install signs, fencing and some landscaping.  The town agrees that: the Park & Ride will be made available for year-round use; provide 10 or more spaces; and we will maintain the property.  Stagecoach asked if we would be willing to install a bike rack.  They are anxious to begin using the site and will be joining us at our next meeting to discuss.

Overdue water accounts from Treasurer for review.

The board voted 3-0 to sign the VLCT resolution opposing proposed cuts in highway funding for local highway aid program.  Not only will we see a cut of nearly $3,000 in appropriations but also could lose Class 2 and Structures grant monies.  Of which we were awarded $150,000 this year alone and have placed the Brushwood Bridge project on the slate for a structures grant.

Gail Keiling, Rivendell School District Head of Schools, regarding possible collaborative grant writing and fundraising between the Rivendell School District and the Town of Fairlee.  The board asked Messer to invite Keiling to a future meeting to discuss further.

Final inspection of the State of Vermont Sidewalk project this Thursday, October 23 from 10-11:30 at the project site.  Messer to attend.

Gulick asked about the Candidates Forum on Wednesday, October 29th 6:30 p.m. to 8:30 p.m.  Not a Selectboard sanctioned event.  Messer will re-post.

Barrett gave a brief explanation of VLCT AA/ZA position proposal board hand-out.  Messer to contact other municipalities for shared job descriptions.

Public Comment. 

Jane Bayley Brown asked for board support to reduce the speed on Route 244.  Board voted 3-0 to support.

Town Plan Hearing. 

After lengthy discussion, the board proposed extending commercial area on Route 5 north to Bradford Town line.  Public hearing scheduled for Thursday, November 6, 2008 at 7:00 p.m.  Messer to contact TRORC for map change.

Follow-Up Items.

ER Services Building.  To next meeting.

Bald Top Road.  Barrett to contact Ken LeClair for continued right-of-way and topographical work.

Bragg Hill Road.  Re-install old culvert at the Kennedy property.

New Business.

Orders signed.

9:25 p.m. Meeting Adjourned.

Next meeting: Monday, October 27, 2008 at 7:00 p.m. Town Plan hearing.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

Minutes approved with corrections October 27, 2008

SELECTBOARD MEETING MINUTES                                                   October 6, 2008       

7:00 p.m.  Meeting called to Order

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Others- Malcolm Godfrey, Don Weaver, Greg McGrath, Dashiell Rae, Kathleen Monroe, Will Dickinson, Lynne Fitzhugh; Staff-Leon C. Marsh, Jr., Debbie Messer.

Minutes from September 29, 2008 approved. 

Correspondence.

Memo from Melissa Gahagan, Town Treasurer, verifying Act 144 figures.

Upper Valley ambulance has notified the selectboard of a requested per capita increase of $5 to $20.  An increase of $4,835.00.

Letter from L. Dennis Farmer regarding the recently completed State of Vermont’s Sidewalk Project.

Rec. Council received a grant of $4,568.00 for playground equipment.

I spoke with Wayne Davis of AOT on Friday regarding the Park & Ride grant of $3,035.  The municipality is only responsible for the continued property maintenance currently in place, plowing/sanding/mowing, and follow-through of the grant application proposal, fencing/signage/grounds.  There is no financial burden to Fairlee as a result of grant acceptance.

Board of Civil Authority Grievance hearings on October 15^th and 16^th, 2008.

The selectboard approved $318.00 from the training/education budget for Georgette Wolf-Ludwig to attend the Annual Cities & Town Clerks Conference in Portsmouth, NH.

Public Comment. 

Leon C. Marsh, Jr. asked about the reported concern about continued dumping at the gravel pit across from the boat access.  He stated that he “has seen no evidence of dumping” and he “disagrees with the board decision to close the pit at dark.”

Follow-Up Items. 

Bald Top Road.  Kathleen Monroe spoke to the board about plowing this Class 4 and upgrades.  Rae, Wilkinson and Fitzhugh also commented.  The board discussed next steps with the road and will keep it on the agenda.

The board reviewed all current and proposed highway projects with Malcolm Godfrey.  Godfrey to meet with Messer to begin budget process.

Town Plan .

Brief discussion regarding the Cramer revisions and map changes.  Pubic hearing set for Tuesday, October 21^st at 7:00 p.m.

New Business.

Orders signed.

9:13 p.m. Meeting Adjourned.

Next meeting: Tuesday, October 21, 2008 at 7:00 p.m. Town Plan hearing.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

Approved October 21, 2008

SELECTBOARD MEETING MINUTES                                                   September 29, 2008           

7:00 p.m.  Meeting called to Order

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Others- Larry Gatto, Don Weaver, Greg McGrath, John Larrabee, Debirah Chambers, Roxanne & Dave Matthews, Paul Sargent, Cicely Richardson; Staff-Noel Walker, Debbie Messer.

Minutes from September 22 approved. 

Correspondence. 

Rec. Council requesting the board appoints Catherine Haehnel to replace vacancy due to resignations of both Tina Bearce and Joanna McCool for remainder of the year.  To be elected at Town Meeting.  Board approved 3-0.

Public Comment. 

Weaver asked for permission to move forward with 2009 Milfoil permit.  Board approved 3-0.

Follow-Up Items. 

Park & Ride Grant approved.  Details to follow.

The board discussed the calendar of the more immediate pending projects for now through year-end.  AA/ZA position.  VLCT is working on job description .  Personnel Policy, Equipment & Computer Use Policy, Conflict of Interest Policy, ER Services building needs, roads

Town Plan Hearing.

The board reviewed in detail the town plan proposal.  Gulick stated that he was in favor of the changes made and would stand behind them.  Specific changes were questioned by Gatto, Larrabee, and R. & D. Matthews.  McGrath and Walker also questioned changes to the PC’s proposed plan.  All asked about putting forth a plan that wasn’t in agreement with TRORC and the State of Vermont and it’s impact.  Weaver commented on the grant aspect, stating that it would be easier to get the Town Hall renovation project done if we had grant opportunities and the entire financial burden was not the taxpayers.

Barrett made a motion to accept the PC’s proposed town plan version for vote by Australian ballot on Nov. 4, 2008.  Defeated 2-1.

The board then agreed 2-1 to take the PC’s version with Cramer’s few changes previously agreed to at prior hearing to the voters on Nov.4, 2008.

Messer to make plan corrections and prepare for vote.  To call Secretary of State’s Office for procedural verification of staying with the current timetable.

New Business.

Orders signed.

9:46 p.m. Meeting Adjourned.

Next meeting: Monday, October 20, 2008 at 7:00 p.m.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

Approved 10/6/2008

SELECTBOARD MEETING MINUTES                                                   September 22, 2008           

7:00 p.m.  Meeting called to Order

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Others- Don Weaver, Greg McGrath, John Larrabee, Bill Scott, Dashiell Rae, Kathleen Monroe, Cicely Richardson; Staff-Tracy Thurston, Debbie Messer.

Minutes from September 8 and September 15 approved. 

Correspondence. 

Vt. Local Roads September Newsletter.  Emergency Preparedness Conference at Lake Morey Inn on Thursday, November 6. 

Vt. Coalition of Municipalities – 12th Annual Meeting at the Holiday Inn in Rutland on Wednesday, October 8 from 1-3pm to discuss escalating education property taxes.  Board agreed to renew membership as budgeted.

Follow-Up Items. 

Don Weaver of the Lake Morey Commission reviewed this past summer’s milfoil treatment of Lake Morey as well as a brief outline of next year.  Greg McGrath overviewed the financials.  Weaver asked to address the board on a personal note; he is very disturbed by the Budget Committee’s agenda that tends to have a “divisive effect on the community” and hopes that the board recognizes this and remembers their “advisory” role.

Scott & Sharon Wright driveway access permit approved. 

Public Comment. 

Kathleen Monroe, of Bald Top Road, came before the board to ask once again that the town plow this Class 4 road.  After lengthy discussion, the board agreed to research reclassifying Bald Top from a Class 4 to Class 3.  With a survey done by Ken LeClair in 2003, the town has to address the issue of just how much the road has crept over the years out of the right-of-way.  This issue is complicated by needing to fix this and will get budget figures and come up with a plan to remedy to put before voters. 

New Business.

Debbie Messer gave the board the current Budget Status Report for review.

The Selectboard discussed pending projects to address before year-end and will come up with a calendar to address identified items.

Jay announced that the Selectboard is discussing doing away with the Zoning Administrator and Administrative Assistant positions and to make it one encompassing position.

Orders signed.

Entered Executive Session at 9:13 p.m.

Exited Executive Session at 9:35 p.m.

9:46 p.m. Meeting Adjourned.

Next meeting: Town Plan Hearing on September 29, 2008 at 7:00 p.m.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

Approved 9/29/08

SELECTBOARD MEETING MINUTES                                                   September 15, 2008           

7:00 p.m.  Meeting called to Order

Present:  Selectboard Members-Jay Barrett (Absent), Tim Cramer and Ken Gulick; Others- Don Weaver, John Larrabee, Peg & Joe Coutermarsh; Staff-Debbie Messer.

Correspondence. 

E-mail from Kathleen Monroe regarding maintenance of Class 4 Bald Top and the S. Larrabee property.   Tim Cramer asked to review survey.

Dale Wentz requested road name change of Preston Lane to Quinibeck Point.  Abutter approval.  The board approved the change 2-0.  Debbie Messer to order signage.

Upcoming VLCT workshop materials were reviewed.

Follow-Up Items. 

Changes to the proposed Town Plan were accepted and the final hearing date was set for September 29^th at 7:00 p.m.

Public Comment. 

Peg Coutermarsh of Bradford requested that the minutes from August 11 be amended to reflect that she was not appearing before board regarding the on-going highway weight limits issue as “running for Representative”.  The board voted 2-0 to approve the amended minutes. 

Order signed.

7:35p.m. Meeting Adjourned.

Next meeting: September 22, 2008 at 7:00 p.m.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

Approved 9/22/08

SELECTBOARD MEETING MINUTES                                                   September 8, 2008 

7:00 p.m.  Meeting called to Order

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Others-Meredith & Ward Babbott, Don Weaver, Greg McGrath, John Larrabee, Peg Coutermarsh, Charlie Davenport and Cicely Richardson; Staff-Noel Walker, Georgette Wolf-Ludwig, Tracy Thurston, Melissa Gahagan and Debbie Messer.

Minutes from August 25, 2008 approved as written. 

Correspondence. 

Meredith Babbott asked the board approve renaming Kelsey Drive to Anna Dodge Lane.  The board unanimously approved the request.  The Babbotts, along with other residents on the private drive, offered to pay all associated signage costs.

A written request from Dale Wentz of Preston Lane to change that private drive to Quinibeck Point was tabled until the next meeting pending input from abutter.

Follow-Up Items. 

Town of Fairlee Policies and Procedures.  This has been on the boards housekeeping list for quite some time.  The current two-page Benefit Policy has been in place since 1999 and needs to be updated.  Jay Barrett stated that “in this day and age we have to have current policies in place.”  Debbie Messer was asked to identify which areas of the proposed policy are “boiler plate” and which are “Fairlee specific”, to get staff comments.  Georgette Wolf-Ludwig asked the board to look specifically at the reimbursement rate for Holidays etc.  Barrett asked that the policy stay on the agenda.

Charlie Davenport ofTopsham Telephone discussed plans for fiber-optic line work in Fairlee later this month. 

Town Treasurer, Melissa Gahagan, reviewed tax rate information with the board and a tax rate was set.  Tax bills will be mailed September 10 with them due on or before October 10, 2008.

Public Comment. 

Peg Coutermarsh of Bradford came before the board to update the board on the on-going highway weight limit issue.  VLCT will be sending out a non-binding resolution to all municipalities.

John Larrabee spoke to the board of his concerns with dumping and target shooting at the gravel pit on the Lake.  He first brought this to the board attention last April with no action taken after some disagreement how to best handle the problem.  With the continuation of dumping at the site the board agreed that it is now necessary to take action.  Jay made a motion to close the pit from dusk to dawn by installing a cable and lock and post signage for $250.00 fine for littering.  Ken seconded.  The motion passed 3-0. Larrabee has volunteered to open and close the site daily.

Don Weaver told the board that the last of the bottom barriers have been removed from Lake Morey.  The LMC would like to be on the September 22 agenda to speak to the board about plan for next summer.

Entered Executive Session at 8:45 p.m.  Exited Executive Session at 9:15 p.m.

Orders signed.

9:25 p.m.  Meeting Adjourned.

Next meeting: September 15, 2008 at 7:00 p.m.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

Approved 9/22/08

SELECTBOARD MEETING MINUTES                                                   August 25, 2008       

6:00 p.m.  Bacon Property   Site Visit.  Present: Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Others: Diane Colgan (AOT), Donna & Scott Hood, Mary & Don Davenport, John Larrabee, Deborah Chambers, Christy & John Durgin, Greg McGrath, Leon C. Marsh, Jr., Larry Farnham, Lance Colby, Charlie Bacon, Cicely Richardson, Staff-Debbie Messer.

Jay Barrett introduced Charlie Bacon to the group and outlined the purpose of the site visit.  Barrett asked for only questions pertaining to the details of the property owned and the land requested and that all opinions relating to any further action be held until the 7:00 p.m. meeting.

Bacon walked his lot boundary and outlined the land needed to make his a buildable lot.   Several questions were asked about the existing drainage easements, septic, issues with town highway maintenance, etc.  Colgan reviewed that State’s position once again. The meeting was recessed at 6:25 to reconvene at 7:00 p.m. at the Town Hall.                                                                                                                                              

7:03 p.m.  Meeting called to Order

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Others-Donna & Scott Hood, Mary & Don Davenport, Bill Scott, Harold Gardner, Charlie Bacon, Leon C. Marsh, Jr., Don Weaver, Greg McGrath, Lance Colby, John Larrabee, Deborah Chambers, Larry Farnham, Peg Coutermarsh; Staff-Debbie Messer.

Minutes from August 11, 2008 approved. 

Correspondence. 

Town Fair, October 2 in Killington.

Topsham Telephone project for board approval.  More information was requested.  Cramer to contact Charlie Davenport.  Messer will contact Malcolm Godfrey.

Follow-Up Items. 

Bacon Property.  Tim Cramer began by saying that he is very concerned with the radius at the Terry Hill Road and Lake Morey Road Intersection.  He doesn’t feel that there is enough room for view, snow removal, etc. 

Donna Hood asked if the town was prepared to set a precedent.  Barrett reviewed the time spent by Messer to date on this.  Ken Gulick said that he didn’t feel comfortable moving forward until Bacon made written assurances to cover the Town’s financial burden of this on-going.

Lance Colby addressed his comments to Bacon.  “I’m sorry that you’re in this situation and you’re right, you were wronged, but not by the Town of Fairlee.  You were wronged by the Smith’s, who according to documentation in the State of Vermont files had full knowledge and understanding of the unbuildable lot they were left with after their sale to the AOT.  You were wronged by the person who did your title search.  You should have had a survey done before you bought the property, not after the fact.  This is not Fairlee’s mess to clean up.”  He then suggested that Bacon “approach the Selectboard to discuss tax abatement on the property to get something back or perhaps even sell the lot to the Town of Fairlee.”

Barrett made a motion that the “Selectboard take no further action on this issue and consider the matter closed.”  Cramer seconded.  Gulick voted against the motion.  The motion passed by a vote of 2-1.

Selectboard Conflict of Interest.  Relative to the Bacon property issue, Barrett received an e-mail from the Hood’s asking that a conflict of interest exists on the board and suggest it be looked at by the Vermont League of Cities & Towns and the Secretary of States Office.  Cramer voiced his concern with “this troubling issue and not having full knowledge of the concern.”   Davenport asked Gulick why he took action outside the board after the fact.  Gulick admittedly contacted Judy Lewis of the AOT after the board agreed by a vote of 3-0 not to take any further action until contacted by Bacon.  Davenport then said to Gulick “you should not be on the board and I think that you should resign.”  Several in the audience applauded.  Gulick answered by reading from the statute about conflict of interest.  

Public Comment. 

Don Weaver gave a milfoil update.

Peg Coutermarsh came before the board to speak about highway weight limits and an advisory ballot for Jessica’s Law in November.  Messer to follow-up.

Town Plan.  Selectboard edits made page by page.  Messer to make changes and send to all interested parties for review.  Hearing to be scheduled before November 9^th vote by Australian ballot.

Entered Executive Session at 9:59 p.m.  Exited Executive Session at 10:20 p.m.

Orders signed.

10:28 p.m.  Meeting Adjourned.

Next meeting: September 8, 2008 at 7:00 p.m.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard                  Minutes Approved September 8, 2008

SELECTBOARD MEETING MINUTES                                                   August 11, 2008                                                                                                                                                                  

5:03 p.m.  Meeting called to Order

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Others-Roxanne Matthews, Bob Maddock, Jr., Kassandra Pike, Scott Hood, Jack Candon, Charlie Bacon, Dan Ludwig, Bob Doyle, Harold Gardner, Don Weaver, Greg & Betsey McGrath, Joan Hylander, Lance Colby, John Larrabee, Deborah Chambers, Russ & Therese Collins, Barry Larson, Larry Farnham, Gerald Colby, Paul Sargent, Larry Gatto, Peg Coutermarsh; Staff-Noel Walker, Tracy Thurston and Debbie Messer.

Minutes from July 28, 2008 approved. 

Correspondence. 

Orders signed.

Gulick designated 2008 VLCT Town of Fairlee delegate.

Follow-Up Items. 

Bacon Property.  Barrett gave a brief history and timeline of this issue.  He introduced Judy Lewis, Vermont Agency of Transportation-Right-of-Way.  Lewis presented an opinion from the Assistant Attorney General regarding the Bacon property.  The State of Vermont owns the land in question in fee absolute and the Town of Fairlee has an easement.  To make the Bacon lot buildable the Town and the State of Vermont have to go through the Abandonment and Realteration process which includes hearings to alter the Town highway right-of-way.  Lewis said the first question that should be asked is, “Is this in the public good?”  The lot is also complicated by drainage easements held by the State.

Scott Hood asked “How come after the selectboard voted unanimously to let this sit until Bacon came forward Selectman Ken Gulick called Lewis on his own to ask what options Bacon had?  Gulick obviously has his own agenda here and it definitely isn’t what’s best for Fairlee.”

Lance Colby added that there is a document dated 1967 on file that states the Bacon property “is an unbuildable lot” and asked “how come Bacon didn’t check this all out before he bought the land?  He’s a developer and he should know better.  Fairlee didn’t create this mess and it’s not up to Fairlee to fix it.”

Bacon’s lawyer, Jack Candon, questioned the existence of such a document and if it does exist it was never shown to people.

Colby held up the document for Candon.  Lewis added that the document has been in the State file and that “no one has ever asked to see neither the file nor its content.” 

Barrett asked if Bacon was willing to pay for any and all expenses incurred by the Town of Fairlee and is willing to sign an agreement to that effect?  Bacon said it depended upon for how long and for how much, with additional knowledge he would consider it.  Gulick asked for a million-dollar bond from Bacon.

Larry Farnham asked about his concern with reducing our right-of-way.  Colby asked about snow removal and maintenance at the intersection.

 Barrett made a motion “To say no to the request to reduce the town’s highway right-of-way and no further action on this issue.”  Tim seconded.  Vote 2-1 against.  Ken made a motion “to visit the site for review before the next meeting and make a decision at that time.”  Tim seconded.  Vote 2-1 in favor.

The selectboard, public and all interested parties are invited to the Bacon property on Monday, August 25^th at 6:00 p.m. for a site visit prior to the meeting at 7:00 p.m.

Flea Market.  Russ Collins asked about moving the Flea Market to the green.  There will be discussion at season’s end.  Collins asked for a reduction in the monthly Depot rent due to a decrease in business.  Jay made a motion to reduce the rent to $250.00 per month for the remainder of the season.  Tim seconded.  Vote 3-0 in favor.

Barry Larson requested a Water Department position pay increase from $15.00 per hour to $20-25.00 per hour.  Board approved pay increase to $20.00 per hour retroactive to August 1, 2008.

Town Plan.  Gulick gave Barrett and Cramer copies of the Town Plan draft with his edits.  Larry Gatto said he was under the impression that the Selectboard was going to connect with the PC and no one ever did.  Gulick answered that he didn’t think that the PC wanted to meet with them.  Barrett made a motion to schedule a meeting before September 4^th with the PC to make any changes and get the plan ready for voter approval.  Gatto and Messer to set up.

Public Comment. 

Cramer mentioned that there is firewood in the Town Forest but no way to get to it with access conditions.  How would it get taken down or out?  Cramer will pursue.  Messer to contact VLCT/PACIF regarding red flags/waivers to access forest.

Peg Coutermarsh, of Bradford, came before the board to update them on the issue of Interstate Weight Limits.  She will keep the board informed

Tracy Thurston asked the board how work for the Town is bid out.  Depends upon the work to be done.  Contractors typically approach the Selectboard Office seasonally.

Noel Walker told the board that the warning regarding tax bills reads as taxes due on or before September 1, 2008.  That is a holiday.  Tax rate most likely not before September 2^nd.  Grand list is up approximately 40%.  Notify taxpayers of adjusted billed and due dates.  Messer, Walker and Treasurer will set procedure and get to the board.

8:30 p.m.  Meeting Adjourned.

Next meeting: August 25, 2008 at 6:00 p.m.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard          Minutes Approved August 25, 2008

                                                                                    Minutes Amended September 15, 2008

July 28, 2008.                                                                                                                                                             

7:00 p.m.  Meeting called to Order

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Others-Greg McGrath, John Larrabee, Deborah Chambers, Russ & Therese Collins; Staff-Tracy Thurston and Debbie Messer.

Minutes from July 14, 2008 approved. 

Correspondence. 

ER Services Building needs front entrance lighting fixtures replaced, repair bathroom fan and carpet torn out and disposed of.  Cramer Electric to do electrical work.  Messer to coordinate carpet removal.

The Selectboard Office has received numerous calls from residents regarding recent articles and newscasts about the sex offenders residing in Fairlee.  Selectboard Office has prepared a brief clarification on their role in the decision making process by the Department of Corrections to place a released offender into the community.  This is available in both the Town Clerk and Selectboard Office.

Blood’s Catering outdoor consumption application approved 3-0.

Rapid Response Plan approved 3-0.

Work in right-of-way permit application approved for Avery Inns of Vermont 3-0.

Barrett signed annual agreement for Lister’s Office use of State of Vermont property value schedules.

Public Comment. 

Follow-Up Items. 

Flea Market.  Collins invited by Selectboard for Flea Market update.  Town still has some property in the building that needs to be taken care of.  Messer to coordinate.  Some vendors and residents are asking about the Depot Green and think it would be better located there.  Messer to research 2007 vote regarding Flea Market.  The Selectboard voted 3-0 to give Collins a credit on rent for interruption of business on day of the Prouty Ride.

Town Hall Renovation.  Messer will organize Advisory Committee and look at next steps.

Town Plan.  The Selectboard discussed the proposed Town Plan.  Very few residents attended the recent public hearing and there was little discussion at that hearing.  Barrett began by acknowledging the work of the planning commission and feels that the plan is definitely a reflection of the planning commission and not Two Rivers-Ottauquechee Regional Commission.  Tim stated that he feels the majority of the plan will pass a vote and the plan as a whole doesn’t need a lot of work.  Barrett agreed.  Gulick said, “There is not enough commercial.”  Cramer shared that concern.  Barrett added, “If we are going to be advocates for commercial it should be defined.”  All agreed that “view and ridgeline development” should be looked at as well.  Cramer stated that “a lot of people in town who are very powerful, but behind the scenes, are worried about the term “historic” to describe the village and suggested using another term. The word “historic” used to describe anything “only invites regulation.”  The board will highlight their suggested edits and asked Messer to come to next meeting with procedure for making changes to the plan. 

Gulick told the other members that he called Judy Lewis, Vermont Agency of Transportation, Right-of-Way, asking about options for Charlie Bacon property.  He said he would like to have a conversation with her about those options.  Barrett suggested, to avoid any impropriety and conflict of interest, perhaps Lewis would attend a Selectboard meeting to discuss in open forum.  Messer asked to contact Lewis and invite her to a meeting scheduled earlier than the regular 7:00 p.m. to accommodate all.  Notify board members as soon as set.

9:30 p.m.  Meeting Adjourned.

Next meeting: August 11, 2008 at 5:00 p.m.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

APPROVED.

July 14, 2008.  APPROVED.                                                                                                                                                                                

7:00 p.m.  Meeting called to Order

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Staff-Debbie Messer, Noel Walker, Sonie Farnham and Georgette Wolf-Ludwig; Public attended.

Minutes from June 30, 2008 approved. 

Correspondence. 

The Fairlee Public Library requested permission to close School Street from 1:15-1:30 pm on Saturday, July 19 for the Annual Pet Parade.  Lee Marsh (will attend) and residents notified.  Board approved.

Selectboard agreed there is a need for Town Beach clean-up after 4^th of July fireworks and will address in 2009-2010 budget.

Public Comment.  Gulick voiced concern regarding two known sexual offenders currently living in Fairlee and the recent tragic death of 12-year-old Brooke Bennett.  He feels that more information should be made public, especially to schools and residents of communities where sex offenders are living.  Barrett noted that when the Selectboard was initially approached last fall by the Department of Corrections it was to let us know that they would most likely be placing an offender in Fairlee.  During a meeting, closed at the Department of Corrections request, State and local police made it clear that Fairlee was not the proper placement for the individual in question.  Barrett also said that it is now apparent that even though this is a matter that involves the town, evidently the town has no say.  He added that there are most likely going to be many discussions in the coming months in both our community and statewide.  Information is readily available from the Vermont Sex Offender Registry and people were urged to be more personally responsible and seek out that information.  The board agreed to post a generalized “Notice of Concern” on the Town of Fairlee website.

Follow-Up Items.  With the assistance of the AOT, Messer was able to get $6,000.00 in reimbursement for a 2006 Structures Grant.

Highway schedule review with Tim Cramer.  Marsh/Larrabee culvert-driveway project completed.  Brushwood Road next on schedule.  Lake Morey Road projects to be done after September 1^st.  Bald Top needs material before grading.  The board agreed to continue with past practice of dividing cost of all Bald Top work among property owners.  Messer to follow-up.

Town Hall Renovation Project Public Informational Hearing.

Jay Barrett began his presentation with a brief history of the building along with an overview of past capital improvements.  Since 1999, while saving $25-35,000 annually, $250,000 has been saved.  Most of it was spent on rewiring the entire building (including wiring for sound and theater lighting in the auditorium), upgrading the electrical service and installation of a sprinkler system.  Most of the windows have been replaced. 

While the Town Hall is now “safe, sound and usable,” many issues remain.  The problems include fire exits for upstairs, handicap-accessible rest rooms and elevator, office and vault space, and a new heating and ventilation system.

Barrett reviewed four options: to do nothing, to continue putting aside $25-35,000 annually, to bond the entire project at once or build a new building.  With building costs rising 4-6% per year most present felt saving $25-35,000 annually is not a good option. 

Dennis O’Donnell, a local building contractor, favored building new town offices at the Railroad Station and wondered what the town might get from the sale of the current Town Hall.

Tim Price stated that if we were to “put the money into this building it will be worth much, much more.”

Town Clerk Georgette Wolf-Ludwig said that “It would be a shame to lose the town common and all your history here.”  Noel Walker added that “This building is really a community center.  If we go to a new space, where can the community come together?”  She also reminded everyone that if the existing town hall was sold, the grandfathered parking that now exists, would not be the case in any future scheme on the site.  Walker and others spoke of the potential revenue from the auditorium, use for Town Meeting, artists-in-residence, community events, etc.

Lisa Hinsley, Assistant Town Treasurer, broke down the financial impact of a bond for the project.  On a $200,000 house it would add about $70.00 a year in taxes.  Dave Matthews thought that the tax burden could be lessened by the savings from heating system improvements and income generated from the auditorium.

An avenue for people to make donations will be explored.  Don Weaver suggested “Friends of the Town Hall.”

Clear that a closer look at all options is needed before taking a proposal to voters, Barrett said that he and Debbie Messer will put a small, working group together and hold another public hearing within six months.  He thanked everyone for coming and for their input.

9:15 p.m.  Meeting Adjourned.

Next meeting: July 28, 2008 at 7:00 p.m.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

June 30, 2008. Approved.                                                                                                        

7:00 p.m.  Meeting called to Order

 Present:  Selectboard Members-Jay Barrett and Ken Gulick; Bill Bittinger, Kevin Geiger, Don Weaver, Greg McGrath, Dennis Murphy, Tracy Thurston, Lisa Hinsley, Melissa Gahagan, Noel Walker and Debbie Messer.

Minutes from June 16, 2008 approved. 

Correspondence. 

Kathleen Monroe wrote regarding the fence on the Larabee property on Bald Top Road.  The fence is in a state of disrepair and in the town ROW.  Messer has written, with no reply, and will send another letter to Larabee via certified mail regarding removal of the fence.  If no response within two weeks, Messer will contact VLCT regarding town’s rights of removal.  Monroe also asked when Bald Top is scheduled for grading.  Messer to ask Malcolm Godfrey to assess road.  Jay Barrett asked Messer to find out how the cost of grading has been handled in the past on this Class 4 road.

Messer to ask Godfrey to assess culvert at corner of Bacon/Hood properties.

Public Comment. 

Greg McGrath told the board that all post-milfoil treatment restriction signs have been removed.  Marc Bellaud of ACT will be reviewing the treatment result.  It appears that the treated areas are showing a slower response than last year.  This may be due to the fact that the State of Vermont DEC approved a lower application concentration than was requested.  Their mandate may have indeed had a negative impact on the treatment.

A “Boat Tour” of Lake Morey with Sen. Jane Kitchel and Rep. Sarah Copeland-Hanzas and others has been scheduled for Thursday, July 17 to see the result first-hand.

Don Weaver spoke about the improvements made to the boat access.  All in attendance commended this volunteer effort.

 Follow-Up Items.  

Tracy Thurston told the board that there is a 4foot chain-link fence being erected at the Colby Block site.

New Business.

Jay Barrett introduced Bill Bittinger, of Bittinger Associates in Hanover, who has a purchase and sales agreement on the Colby Block property.  Bill spoke about his goals for enhancing the community and restoring Fairlee’s historic center.  He then shared initial conceptual drawings of what he referred to as the “Colby House.”  The 3-story residence, complete with “greenspace” and covered parking, would house 15 units with no commercial space.  Bittinger’s plan includes a managed rental building affordable for singles, professionals and elderly.  Because he would be adding less than 10 units he is hoping to the State will not require Act 250 review.  The board agreed to write a letter if Act 250 review is required.  Bittinger will be taking his plan to the DRB to begin the permitting process.

The funding for the project will most likely be a mix of private and government funds.  Ken stated his concern over government involvement in the project.  Jay suggested to Bittinger that he compare assessed values of the Colby Block before the fire, current and what the new might be.

Kevin Geiger, of Two-Rivers Ottauquechee, reviewed the Pre-Disaster Mitigation Plan and Rapid Response Plan.  Messer will make minor changes to the RRP and submit the final draft to TRORC for Selectboard adoption.

Treasurer’s Office.

Melissa Gahagan and Lisa Hinsley reviewed the new remote capture program through Mascoma Savings Bank.  The board approved the $575.00+/- purchase expense.  Lisa Hinsley submitted her resignation as Town Treasurer effective immediately.  The board accepted her resignation with regret and acknowledged her years of service with gratitude.  Gahagan was hired as Town Treasurer and Hinsley as Assistant Treasurer.  Gahagan will work the budgeted 25 hours per week and will receive health insurance.  Gahagan will have to run for election at the next Town Meeting.

The board approved signers on the Mascoma Savings Bank account are Melissa Gahagan, Treasurer; Lisa Hinsley, Assistant Treasurer and Georgette Wolf-Ludwig, Assistant Treasurer, as stated in “authority to open account form.”  

Barry Larson requested a pay increase from $15.00 per hour for the Water Department to $25.00 per hour.  The Selectboard reviewed the current salary budget for the Water Department and agreed that now is not the time for an increase but will address when putting the new budget together.

The board approved the sweeper rental quote from Upper Valley Equipment for Lake Morey Road.

9:40 p.m.  Meeting Adjourned.

 Next meeting: July 14, 2008 Town Hall Renovation Project Informational Hearing & Tour at 7:00 p.m.  Refreshments at 6:30 p.m. 

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

SELECTBOARD MEETING MINUTES     

June 16, 2008                                                                                                          

7:00 p.m.  Meeting called to Order

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Greg McGrath, John Larrabee, Lance Colby, Don Newton, Melissa Gahagan, Lisa Hinsley, Tracy Thurston and Debbie Messer.

Minutes from June 2, 2008 approved as amended. 

Correspondence. 

The board approved a request to use the Grange Room, kitchen and possibly the Common, with tables and chairs for a bridal shower on Sunday, July 20 from noon-4:00 p.m. 

Public Comment. 

The board approved a request from Thurston the use of the Grange Room one Saturday a month for Serve New England, a food purchase program.  She will give AA dates of use for calendar.

McGrath told the board that all restrictions are now lifted.  He also said that this past weekend ACT and others were at the lake and said that no milfoil was present in the areas treated last year and of the areas treated this year, the milfoil is dying off and there should be a marked difference in the next few weeks.

Follow-Up Items. 

Bill Bittinger has a purchase and sales agreement on the Colby Block property and will be at the meeting on the 30^th to talk to the board of his plans for that site.

Several concerned residents have contacted the Selectboard Office regarding the safety and clean-up of the Colby Block site, particularly with the 4^th of July Celebration approaching.  Davenport asked the board why this has been over-looked for so long. Per Fairlee’s zoning regulations, there is a procedure for requiring “…the owner of the property to remove all structural materials from the site, fill to grade any remaining excavations and screen or landscape the property.”

Thurston wrote to A. Jesseman, property owner, last week outlining the regulation and his responsibility to which there has been no response to date.  The Selectboard asked Thurston to contact VLCT regarding any recourse the town may have for securing the site on an emergency basis and getting reimbursement from Jesseman.  They will follow-up on this at their meeting on the 30^th.  Thurston is to keep AA updated.

Thurston stated that someone approached her about the Saladino access permit and why it was discussed when it wasn’t on the agenda?  “It shouldn’t be talked about if it’s not on the agenda.”  This particular permit application had been on the previous meetings agenda with abutters present and a plan of action was agreed upon.  With Cramer to visit the site and report back.     

Newton before board as Water Commissioners to discuss his water bill.  He installed shut-offs and turned off the water at his Main Street property.  Said that he left a message for Colby with no response and has written to the Selectboard Office with no response.  Doesn’t feel he should pay any of past due balance other than for one unit that has water on.  Hinsley cautioned the board against any action that could be misconstrued as unfair or setting a precedent.  The board agreed and after reviewing the lengthy file of correspondence and the history of account voted 3-0 to adjust the balance based on “miscommunication.”  The adjustment will be in the amount of $416.57.  There will be a $25.00 fee due for turning water on.  As of July 1, 2008, that location will be changed to C4 status at a rate of $720.68 annually.  Due to shared water line, there was discussion of the need to separate the lines in case of property sale.  Newton said he would not pay to have that done.  The board will address when updating water rules and regulations.  AA asked to call VLCT for their opinion on municipality rights regarding this.

AA to call Stocking to arrange roadside mowing.

Other Business.

Railroad Station Flea Market opened June 13^th and was a huge success.  There is much interest in the Railroad Station and AA will gather historical pieces with the Historical Society for display and informational pamphlet.  Barrett will get plaque information for building to AA.

The board will have a work session on the proposed town plan in July.

The Selectboard entered into Executive Session at 8:45 p.m.  The Selectboard exited Executive Session at 8:59 p.m.

9:00 p.m.  Meeting Adjourned.

Next meeting: June 30, 2008 at 7:00 p.m. 

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

 Approved

June 2, 2008.  Approved.    

7:00 p.m.  Meeting called to Order

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Greg McGrath, Don Weaver, Therese Collins, Amy Collins, Don Davenport, Deborah Chambers, John Larrabee, Cicely Richardson and Debbie Messer.

Correspondence.  Kevin Geiger of Two-Rivers Ottauquechee will speak about Land Use issues at the June 5 Planning Commission meeting.  All are invited to attend.

Public Comment.  Milfoil.  After three rounds of testing, irrigation is the only restriction that remains in effect.

Follow-Up Items.  Colby Block.  Jay received a call from Bob Manchester.  He is not presently pursuing the Colby Block revitalization project.

Board unanimously approved bid for emergency services building fence repair from Malcolm Godfrey. 

Debbie to call Stocking to arrange roadside mowing.

Of three proposal requests, one bid was received from David Colby for the replacement and repair of the fiberglass door on the north end of the emergency services building for $884.20.  The board voted unanimously to approve the bid. 

Cioffi Access Permit.  The board approved the driveway improvement plan and work in the Town right-of-way with conditions for David and Ann Cioffi.  The following conditions apply:  There is to be no drainage back into the road as a result of any and all improvements.  It needs to be dealt with on Cioffi’s property exclusively.  The turn-around is to be used as a turn-around only, not parking.  There is to be no parking on the Town right-of-way.  This is not an access permit per se, but is work in the Town right-of-way.  This approval is not to set a precedent of any kind and each driveway will continue to be approved or denied, as always, on its own merit.

Paul Saladino access permit.  The board unanimously approved the Paul Saladino access permit for Tax parcel #23-20-49-200.   The approved access is to be 10’ from the property line not 2’. 

Other Business.  Davenport asked what was happening at the Bacon property.  There are marked stakes in the ground.  Jay answered that neither the Selectboard nor the AA has heard from Mr. Bacon.  Don wanted to know if the board had given any more thought as to how this situation might all play out legally?  Jay stated that they had decided to wait for Bacon to approach them before any more of the AA’s time was invested and that any and all expenses incurred will be borne by Bacon and not the Town.  Larrabee reminded the board that at the last meeting this was discussed, there was a “rather large paper trail shared that clearly shows this is an unbuildable lot.  The file can be viewed in the AA’s Office.”

The Selectboard agreed to rent the Railroad Station to Russ & Therese Collins for the 2008 Summer Flea Market.  Debbie is to check with Cramer Electric to get a finish date on the electrical work, follow-up with CVPS, arrange for the mowing and remainder of clean-up, as well as, locking up the historical artifacts in the building.

The Selectboard voted unanimously to designate Mascoma Savings Bank a depository of the Town of Fairlee and that funds deposited may be withdrawn upon a check, draft, note or order of the Town.  Signers on the account are Lisa Hinsley, Treasurer and Georgette Wolf-Ludwig, Assistant Treasurer, as stated in “authority to open account form.”  

Shauna Clifford, AOT District 7 is meeting with Debbie on June 9^th to complete site visits and review.

Minutes from May 19, 2008 approved as written. 

Next meeting: June 16, 2008 at 7:00 p.m.  Agenda-Summer Highway Projects including culverts, paving and guardrails.  Set a Proposed Town Plan Public Hearing date.

8:30 p.m.  Meeting Adjourned.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

May 19, 2008.  Approved.    

7:10 p.m.  Meeting called to Order

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Greg McGrath, Don Weaver, Evan Eastman, Terry Lewis, Paul Sargent, Jim O’Donnell, Mike Wichrowski, Stuart Nutting, Leon C. Marsh, Jr., Noel Walker and Debbie Messer.

Correspondence.  Complaints from Dashiell Rae and Kathleen Monroe regarding the fence on the Sarah Larrabee Bald Top Road property.  The fence is falling down into the road.  Debbie to send letter to Larrabee to remove fence.

Kevin Geiger of Two-Rivers Ottauquechee will speak about Land Use at the June 5 Planning Commission meeting.  All are invited to attend.

Fence at Emergency Building and Lake Morey Resort line needs repair.  Debbie to follow-up.

Public Comment.  Paul Sargent before the board regarding the access permit for Paul Saladino 4136 Lake Morey Road property.  There is an on-going wetland issue on said property and concern from abutters and other residents about this access and its potential impact on other properties.  Tim will do a site visit and report back.

Terry Lewis told the board he thought that Brushwood Road needed some ditching.  Debbie will follow-up with Malcolm.

Stuart Nutting of Vermont All-Terrain Vehicle Sportsmen’s Association (VASA) Northeast Trailblazer’s Club for Town of Fairlee landowner signature.  Noel mentioned that recently an ATV was seen on a private property at 2:00 a.m.  Police in attendance took notice.  Lewis reminded the board that someone doesn’t have to belong to the VASA to use the ATV trails.  Jay made a motion to approve agreement renewal.  Motion seconded. 

Lake Morey Milfoil treatment done on May 13.  Cooking, drinking and irrigation restrictions remain in place as of this date. 

Follow-Up Items.  Mike Wichrowski of the Vermont Dept. of Fish & Wildlife attending to talk with the Selectboard and residents about the issues at the boat landing.   Marsh, Lewis and Eastman also in attendance to discuss.  Will install cement base to secure porta-let and repair fencing.  The State is financially responsible for the boat landing and will reimburse the Town for all repairs and improvements.  To coordinate with Weaver and McGrath.  Increased Police presence this summer.  Debbie was asked to contact Orange County Sheriffs Department to discuss.

The unauthorized and illegal activity at the gravel pit was also discussed.  O’Donnell suggested replacing the boulders on the upper level.  Debbie to arrange with Malcolm.

Ken Gulick wants the Railroad Station rental deposit to be based on the cost of a large dumpster for one week and its removal once filled if a renter leaves property at the station.  Debbie to call for cost.

Other Business.  Debbie asked the board for permission to use the Common every Saturday for the new Fairlee Farmers Market.  Parking at Town Hall.  Board approved 3-0.

Debbie was asked by the board to review culvert and signage inventory with AOT and to follow-up with TRORC.

Debbie to arrange roadside mowing and Lake Morey Road sweeping.

The Selectboard will review and adopt a Town Equipment Use Policy, to include computer and internet, at future meeting.

Tanya Johns was hired as new cleaning person at the rate of $16.50 per hour.

The budget and expenditures to date were reviewed.  Discussion of Selectboard Office needs and ever-increasing demands from the public.  Ken suggested perhaps a decrease in the Administrative Assistant hours would address the budgetary concern.  Weaver and McGrath both spoke to the issue.  From their perspective, the budget is meant to be a guide, and if the demands and governmental responsibilities of the Selectboard Office stayed at the current pace, the issue is not the AA’s hours, but the budget.  Jay talked about the current responsibilities of the office and what used to be.  There has been real change and it is time for the board to step up and deal with the real issue of the budget.  

The Selectboard voted 3-0 to meet every other week through the summer.

Town Hall Renovation Project Public Informational Hearing scheduled for Monday, July 14, 2008 at 7:00 p.m.

Minutes from May 12, 2008 approved as written. 

Next meeting: June 2, 2008 at 7:00 p.m.  There will be no meeting held on May 26^th due to the Memorial Day Holiday.

10:15  p.m.  Meeting Adjourned.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

May 12, 2008.  Approved.    

7:10 p.m.  Meeting called to Order

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Beth Barrett, Greg McGrath, Don Weaver, Deborah Chambers, John Larrabee, Lisa Hinsley and Debbie Messer.

Minutes from May 5, 2008 approved as written.

Correspondence.  Letter received from Carol Stickney regarding broken auxiliary water line.  Verified by Lance Colby.  The Selectboard, as Water Commissioners, approved a credit on Stickney water bill.  Debbie to send letter to C. Stickney.

Conversation regarding Don Newton Main Street property and the “change of use” of said property.  This change of use will also impact water fees at that property.  The Selectboard asked Debbie to contact Newton and Colby to attend next board meeting to discuss issues.

Cioffi Driveway.  Application to upgrade received.  Debbie to research.

Public Comment. 

John Larrabee came before the board to talk about the condition of the gravel pit.  In recent weeks he has removed several bags of garbage from the pit.  The boat landing maintenance and necessary improvements were also discussed.  There was also discussion about vandalism to two (2) portable toilets there.  John’s suggestion is that the pit be closed to public during certain hours to deter unauthorized or illegal use.  The Selectboard discussed closing the gravel pit daily from dusk to dawn.  Debbie to speak with Lee Marsh, Fairlee Police Chief, and Terry Lewis, Vermont State Police, about policing the area.  The board is interested in securing a portable toilet on a cement pad.  Tim wondered if Forest funds might be available for this.  She will invite the Department of Fish & Game to meet with the Selectboard and concerned residents to problem-solve. 

John and Beth spoke to the board about the driveway drainage issue on their abutting properties and the Marsh property.  Debbie was asked to contact Shauna Clifford, AOT District 7, to meet with Tim at that location to take a comprehensive look at the problem.

Greg told the board that the scheduled Tuesday, May 13, Renovate treatment of Lake Morey will proceed as planned.  He also let the board know that the Lake Morey Protective Association is planning a volunteer “Greeter Program” at the boat landing to inspect boats and trailers and will hire Lewis and the Vermont State Police for this “inspection” program as well.

Don Weaver was again authorized by the Selectboard to make purchases on behalf of the town for the milfoil program.

Follow-Up Items. 

Cramer Electric will be doing the electrical work at the Railroad Station next week.

The Selectboard reviewed the proposed facility rental policy and rental agreements for the Railroad Station prepared by Debbie.  Ken asked that the “security deposit” section in the policy be added to every agreement as well.  Debbie will make change for board adoption at next meeting.

Debbie told the board that it had been brought to her attention that flea market vendors were seen at the Railroad Station last Saturday.  She is to remind all concerned that no one is to be there until there is a signed agreement in place.

Town Road and Bridges Standards.  The board approved standards for all future road and bridge construction within the town right of way (unless superseded by state or federal funding regulations).  The standards are considered minimum and are for purposes of guiding construction and maintenance.  The selectboard reserves the right to modify the standards at a future date as more information becomes available.  The document is available upon request through the Selectboard Office. 

The selectboard will be reviewing the highway and driveway ordinances at the next meeting.  Debbie was asked to get input from AOT regarding those currently in place.

Town Plan.  Brief board discussion about the proposed plan.  Tim feels that one area of consideration is commercial.  Ken asked of there shouldn’t be a planning commission sub-committee established to help with the edit and adoption process.  Some discussion about the purpose of such a sub-committee and if indeed the planning commission will want to be brought back into this stage since it is now a charge of the selectboard.   The board asked Debbie to discuss this with Larry Gatto, Acting PC Chair.  John mentioned an executive summary or bulleted page of plan highlights.  Greg agreed that a summary was a great idea, as is, a list of selectboard members suggested plan changes.  The board agreed to look at the plan individually and talk collectively about their thoughts on the plan at the next meeting.  Another public hearing is planned for July.

Treasurer’s Office.  Lisa handed out current financials.  After brief discussion, the board decided to review and discuss further next meeting.  Lisa also asked for board approval of making a change in the way several small accounts are managed.  The board asked her to contact VLCT and the Secretary of States Office for opinion.  She is to send information to Debbie and report back.

Park & Ride.  Debbie is researching. 

Next meeting: May 19 at 7:00 p.m.

9:30 p.m.  Meeting Adjourned.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

May 5, 2008.  Approved.    

5:30 p.m.  Road Tour.  

Selectboard would like Malcolm and Andrew to attend local road workshops this year.  Town will cover cost of those workshops.  Debbie to get them on mailing list.

Mallary Road. Needs ditching and patching.  Debbie to check with the Railroad regarding rebuilding the crossing.

Knobloch Road.  Grading.

Millpond Road.  Grading.

Brushwood Road.  Waterbars and ditching.

Mountain Road.  Lower section needs to be looked at for grade and drainage.

Lake Morey Road.  Culvert work.  Debbie is to check with AOT/Shauna on town’s right-of-way, easements and eminent domain for repair and maintenance of culverts.  Who is responsible for keeping culverts clear and open?  Re: Wilkins-check with neighbor about accessing their property to install culvert instead of repairing on Wilkins side?  Highlander-?easement for shoulder work; ? water lines; have to close road overnight; ? boundary survey.  Double guardrails on Lanakila bridge.  Ditching at Aloha Camp.  Brooks/Duncan-letter regarding fixing trench work across road.  Marsh/Larrabee/Barrettdriveway, culvert.

Fence at Emergency Building/Avery property needs to be repaired.  North end door at building to be repaired/replaced.  Bay painting to be in future budget.  Exhaust evacuation system.

Maurice Roberts Memorial Highway.  Fills cracks in pavement and guardrails.

Bald Top Road.  Ok.

Clubhouse Road.  Paving.

Fairview Street.  Ok.

Grandview.  Ok.

Terry Hill Road.  Repair entrance section.  Upper section needs to be looked at for grade blasting and drainage.

Knox Road.  Grading and ditching.  Will be logging on that road this summer.

Ackerman Lane.  Ok.

Return to Town Hall.

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Debbie Messer.

8:00 p.m. Meeting called to Order

Minutes from April 21, 2008 approved as written.

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Leon C. Marsh, Jr. and Debbie Messer.

Other Business.  

Lee asked Board for approval of tax sale.  Board approved. 

Board voted unanimously to hire Timothy Piper at $11.59 per hour to replace Ray Hood to mow this summer.  Because of an increase in local interest in mowing the Town properties the Board agreed that in future they would like to put the mowing out to bid.  To set protocol and bid date.

Next meeting: May 12 at 7:00 p.m.

9:05 p.m.  Meeting Adjourned.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

April 21, 2008.  Approved.    

5:45 p.m.  Call to Order.  

Minutes from April 7, 2008 approved as written.

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Debbie Messer.

Correspondence.  Re-appointment of Ray Coffin, Jr. as Forest Fire warden.  Selectboard unanimously approved estimated costs associated with Treasurer and Zoning Office move.

Railroad Station.  Reg Cramer to install overhead service sufficient for future upgrade and outdoor lighting.  Jay made a motion to approve Cramer Electric contract for electrical service at Railroad Station.  Ken seconded.  Tim recused himself from the vote.  Cramer contract approved 2-0.

6:00 p.m. 

VCDP Grant Application Public Hearing.

Jay opened the hearing with a brief overview of the earlier conversation with Attorney Bob Manchester about Colby Block site.  Bob has spoken before the board and interested community members previously and is present with his consultant, Jill Michaels and Eric Levine for the first of two planned public hearings for the VCDP planning grant.  Bob has a purchase/sales agreement on the Colby Block site and two other adjacent properties between Bridge Street and the Railroad Station.  He is very interested in developing workforce housing and proposes a building with commercial on the first floor, parking underneath and between 20-25 residential units.  He envisions a building that is line with Fairlee’s historical aesthetics.  As Bob explained, the grant will study the feasibility of his proposed Colby Block Renovation project.  It will, look at septic, archaeological impact, need, etc.  One suggestion from the audience was that traffic also be addressed.  Jill agreed that certainly should, and will, be addressed in the study.  John Larrabee stated that in reviewing the 2006 town study and the proposed town plan, they both speak of Fairlee’s need for affordable housing and a needs assessment.  Several voiced concern over the density of the proposal and the impact on town services.  Jim Harris found it “offensive.”  Sandra Smith-Ordway asked, “Why Fairlee?”  Jill answered that her first contact to Bob about Fairlee was shortly after the fire that destroyed the Colby Block.  In order to make renovating the Colby Block possible financially, you have to either go smaller or larger than what was originally there.

Ron Fisher said we should be thinking about what people could bring to Fairlee, not take away from it.  What about Fairlee residents?  These units would be open to Fairlee residents.  Greg McGrath stated that he thought the planning grant was the best way to get the necessary information.  Katrina Wallstrom closed the discussion with a comment about her son and his wife not being able to afford housing in Fairlee and had to move to the southern part of the state to find affordable housing.  The plan for application has changed from the end of April to late July.  This will allow time for more public input.  Jill said they will ask the state for $30,000 and Bob will put up the $30,000 match.

7:00 p.m.

Proposed Town Plan Public Hearing. 

Jay gave an overview of the process to date.  Asked for public comment on the town plan proposal.

Lynn Chapman asked about lakeshore property septic monitoring.  Dan Ludwig is concerned with the plan compliance, length and complexity.  He doesn’t think people will even take the time to read it.  Jim Harris spoke about commercial zones and keeping opportunities available for new, small businesses.  Not putting roadblocks in the way.  John Larrabee, as one of Fairlee’s TRORC representatives, said that almost all proposed town plans have issues, but few are denied in their entirety.  Suggestions: Residential-larger lot sizes mean out-of-state buyers.  People should be allowed to sub-divide farmland.  Warrant zoning regulations line by line at Town Meeting versus wholesale changes.      The Selectboard can make only minor, typographical, changes.

The expired plan was the basis for the new proposal and the changes that were made were to address the required 14 points of content.  The planning commission tried to address community, business and TRORC.  John suggested “cliff notes” in the plan.  Some felt that developing hillsides is an area that needs to be looked at further.  The selectboard will discuss among themselves with the public invited to listen in at their next meeting.

Other Business.  April 28 meeting cancelled.

Next meeting: May 5 beginning with the Spring Road Tour at 5:30 p.m.

8:55 p.m.  Meeting Adjourned.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

April 7, 2008.  Approved    

7:00 p.m.  Call to Order.  

Minutes from March 31, 2008 approved as written.

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Greg McGrath, Melissa Gahagan, Georgette Wolf-Ludwig, Lisa Hinsley, Debbie Messer.

Correspondence.   Central Vermont Solid Waste Management Household Hazardous Waste & Electronics Collection contract agreement signed by board. 

Request from Laura Channell, of Your Farm, to use the Bandstand every Thursday for approximately 3 hours from May through November as a pick-up location for their Community Supported Agriculture program.  The board approved the request. 

Debbie shared model facility and rental agreements from VLCT.  These will be tailored for Fairlee’s use and be brought back to the board for adoption.

The Selectboard Office is in receipt of an email from Larry Gatto.  The planning commission recommends, by a vote of 6-0, the appointment of Bob Doyle to fill the vacancy left by Tim Cramer.  The Selectboard voted 3-0 to appoint Bob Doyle to the planning commission for the remainder of Tim’s term to expire in March 2009. 

Georgette questioned Debbie’s plan for a reconditioned computer left after a replacement.  She wondered why there should be a public use computer in the Town Hall when people should go to the Library where there are public use computers available.  She voiced concern over the monitoring of such a computer.  Debbie explained the vision was not for a public use computer per se, but for a station for residents to view the Town’s Official website for informational purposes only, the proposed town plan for example, not to surf the web.  The computer would only be available during Debbie’s office hours.  Following a brief conversation the board agreed not to set-up the location.

Public Comment.  Greg McGrath officially informed the Selectboard of the milfoil treatment permit approval by the DEC.  The contract will be forthcoming and requires Selectboard signature.  Targeted treatment dates are from May 5-May 15.  He has sent a town-wide mailing regarding the planned treatment. 

There was discussion about the Lake Morey Resort & Country Club’s irrigation needs.  Tim said he would contact Jeff Avery to problem-solve.

Town Hall Renovation Project.  Jay asked what the board’s position is on the project.  Ken is concerned about cost and that his opinion is that the work be done piece by piece.  The board would very much like to move forward with public hearings on the project and get as much input as possible from the community.  Tim asked if it was possible to put some sort of poll on the website.  Debbie to do.  Plans for a Historical Society event to showcase the Town Hall and renovation after the 4^th of July are pending. 

Proposed Town Plan and Colby Block Renovation.  Public hearings on Monday, April 21^st  in the Grange Room.  Refreshments will be served at 5:30 with the hearings to follow.  VCDP Grant Application hearing at 6:00 p.m. and the Town Plan hearing at 7:00 p.m.  Debbie and Noel will post appropriate materials for viewing.

Railroad Station.  Reg Cramer to bring contract for electrical work.  Tim and Malcolm have done the site visit.  They are scheduled to meet at the site with Railroad representative on Thursday, April 10^th, and review parking area plan.

Treasurer’s Office.  Lisa Hinsley will be resigning as Town Treasurer and she spoke to the board about the plan for transition.  She introduced Melissa Gahagan who is interested in filling the vacancy.  Lisa’s recommendation was that the board hires her as an assistant for now and then appoints her upon Lisa’s departure.  Ken made a motion to hire Melissa as Assistant Treasurer.  Jay seconded.  The Selectboard hired Melissa as Assistant Treasurer by a vote of 3-0 to begin in early May.  Jay asked about the salary budget and wondered if it will be an issue.  Lisa and Melissa are to work that piece out so that at year-end that position is within budget. 

Lisa presented financial reporting options to the board.  They decided on quarterly reports from the Treasurer beginning in June.  They are to be made aware of any and all red flag issues.  Lisa and Debbie will continue to work together on all information for the board.

There are currently several little pockets of cash accounts that Lisa would like to see managed as one.  She had proposals from Chittenden, TD Banknorth and Mascoma.  The board and Lisa are both leaning towards Mascoma as it is a more “local” banking option.  Ken suggested Lisa research and make a decision.

Lisa had a Water Department hand-out detailing 2008 changes for board review.

She also is in receipt of an opinion from Vermont League of Cities and Towns (VLCT) regarding comp-time for municipal employees.  The board will address when it adopts final personnel policy.

Other Business.  Tim requested boiler plate information regarding the VCDP Grant application from Jill Michaels.  Debbie will get and send to board members.  He also asked Debbie to follow-up on the requirements for road closings due to repair.  The Selectboard meeting on Monday, April 14^th is cancelled.

Next meeting.  Public Hearings-Monday, April 21, 2008.  Refreshments will be served at 5:30 p.m. with the hearings following.  6:00 p.m. VCDP Grant Application Hearing and Town Plan Hearing at 7:00 p.m.  Next Selectboard meeting will be held on April 28^th at 7:00 p.m.

8:55 p.m.  Meeting Adjourned.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

March 31, 2008.  Approved.

7:00 p.m.  Call to Order.  

Minutes from March 24, 2008 approved with changes.

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Greg McGrath, Noel Walker, Dan Ludwig, Georgette Wolf-Ludwig, Lisa Hinsley, Cicely Richardson, Debbie Messer.

Correspondence.  Liquor licenses, copier lease agreement, HHW SWIP Grant Agreement and Orders were signed.

Public Comment.  Dan upset at suggestion was made that Grover Boutin’s name came from “the planning commission when no one other than Larry made mention.”  Dan’s feeling is that Grover is not an appropriate candidate.  He thinks that Bob Doyle, other interested candidate, would be a welcome addition to the PC.  The Board will await a recommendation.  He wondered about the process for moving the drafted town plan forward.  Public hearing scheduled for April 21 at 7:00 p.m.  Jay would like as much public input as possible.  Noel asked about the plan for public notification.  Debbie will be sending out a postcard mailing to all voters and property owners on April 7.

Town Hall Renovation Project Presentation by Jay.  Jay gave a history of the Town Hall Renovation project.  Begun in 1999 with the establishment of capital funding for the project, redesign committee, grants and the issues/problems with the building.  Since then a total of $250,779 has been spent on getting the building safe.  Much work still remains and at this point it is difficult to continue with the “a little bit at a time” schedule of doing things because one action will affect the next, and, to do work on one piece and have it removed to do the next properly is not fiscally prudent either.

There are three options at this time.  First, to do nothing.  This means that we can’t use the second floor, no additional vault or office space, no handicapped toilets and not addressing the energy issues with the building.  ADA compliance will most likely soon become an issue.  Secondly, we could continue to save between $25-30,000 annually, with building costs rising 4-6% per year picking away is not cost effective, would be five years until the next phase could possibly be done and could still not use the second floor.  Lastly, do the entire project at an estimated cost of $950,000.

The thought of building a minimum on another site rather than renovate was also explored.  The final cost of that proposal could be, with best estimates, around $954,000.  Questions with this option that would remain are: Town Meeting space, future police department space and the fate of the old building.

There was a lot of discussion about the potential of the second floor space.  Holding Town Meeting, Friday Night Family Movies and performances of various kinds would give the community back a place filled with history, but, also there is income potential there as well. 

Debbie and Lisa will work together to explore the details of either a loan or bond for the renovation and report back to the board.

Public informational hearings are planned for June, July and August, with something also being held in conjunction with the Historical Society. 

Next meeting: Monday, April 7, 2008 at 7:00 p.m.

Agenda-Town Hall Renovation, Town Plan and the Railroad Station.

8:50 p.m.  Meeting Adjourned.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

March 24, 2008.  Approved.   

7:00 p.m.  Call to Order.  

Minutes from March 10, 2008 approved as written.

Present:  Selectboard Members-Jay Barrett, Tim Cramer and Ken Gulick; Lance Colby, Greg McGrath, Deborah Chambers, John Larrabee, Grover Boutin, Attorney Bob Manchester, Jill Michaels, Dennis Murphy, Bob Doyle, Debbie Messer.

Correspondence.  Letter received from Allen Avery regarding 2008 Lake Morey milfoil treatment and restrictions on irrigation.  It is hoped that the treatment will happen in early May, thusly, minimizing impact on the Lake Morey Resort and lake residents this year.  Debbie is to ask Lance, Ernest, Allen and Lisa Hinsley to attend the April 7 selectboard meeting to address.

Tree grants.  Discussion of past Town Common Beautification efforts that resulted in assessment and planning.  Jay to work on drawing and will discuss options for re-establishing a committee to focus on the Common.

Public Comment.  Jay had a brief conversation with Charlie Bacon about Bacon coming before the Board.  Bacon relayed that he will be in the area in early May sometime and he will contact the selectboard office.  Ken has asked Lance Colby, Greg McGrath and Leon C. Marsh, Jr. for their opinions regarding the Bacon property issue.

New Business.  Bob Manchester, a Burlington-based Attorney, has a purchase/sales agreement on the Colby Block site and two other adjacent properties between Bridge Street and the Railroad Station.  He is very interested in developing workforce housing and proposes a building with commercial on the first floor, parking underneath and between 20-25 residential units.  He envisions a building that is line with Fairlee’s historical aesthetics.  There was a lengthy discussion about short-term issues and long-range plans involving river access and riverfront improvements.  Bob and Development Consultant, Jill Michaels, asked the Town to apply for a Vermont Economic Development Authority grant to fund a septic feasibility and market study.  VCDP applications can only be made by municipalities.  Jill also suggested it might be a good idea to include archeological checking in the study.  She and Debbie will draft the application for board signature and prepare for a public hearing before the April 29 deadline.  The public hearing is set for April 21, the same night as the proposed 2008 Town Plan hearing. Jill said they will ask the state for $30,000 and Bob will put up the $30,000 match.  When Bob was asked when phase one could be completed he answered, “two years.”  The Board thanked Bob and Jill for coming and for their “willingness, as well as desire, to work with Fairlee on this exciting project.”

Follow-Up Items.  Grover’s name was relayed from Larry Gatto to fill the vacancy left when Tim resigned.  Bob Doyle asked for his name to be considered.  The selectboard decided to ask for further pc opinion.  Debbie will contact Larry Gatto and ask him to “officially” poll the pc and let the SB Office know of their recommendation for appointment.

Railroad Station.  Work scheduled to be done by May 5, 2008.

Other Business.  Debbie to work on 2008 paving bids.

Next meeting: Monday, March 31, 2008 at 7:00 p.m.

Agenda-Town Hall Renovation Presentation

8:45 p.m.  Meeting Adjourned.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

March 17, 2008.  Approved
7:00 p.m. Call to Order.  
 
Minutes from March 10, 2008 approved as written.
 
Present: Selectboard Members: Jay Barrett, Tim Cramer, Ken Gulick; Lance Colby, Greg McGrath, Malcolm Godfrey, Allen Avery, Noel Walker, John Wetzel, Dan Ludwig, Leon C. Marsh, Jr., Debbie Messer.
 
Public Comment.
CLA Appeal. The Lister's came before the board to talk about our current CLA. Noel told the board that according to input from Charlie Merriman and after further consideration the consensus is that the statistical review is the appropriate course of action at this time and to pursue this issue legally will have no immediate beneficial outcome in changing the CLA. The statistical review will have an effect on our CLA this year. John said that is definitely an emotional issue and the unfairness of the law will only be addressed when our legislature and other interested parties take this on together. The rational answer for us for now is the statistical reappraisal.
 
Jay agreed and suggested that Debbie reach out to other towns with similar demographics, VLCT, the Vermont Coalition of Municipalities and our Senators. This is ultimately going to require legislative resolution and a larger concerted effort.
 
Allen and the Selectboard acknowledged the Lister's hard work on Fairlee's behalf.
 
Follow-Up Items.
Winter Road Update. The board acknowledged the fact that this has been a very difficult season and thanked Malcolm for his tireless efforts this winter to keep our roads safe and clear. Jay suggested that the board and Malcolm meet in the spring to look at a 5-year highway plan. Debbie was asked to look at the culvert inventory and report back. Debbie is also working on grants for the eligible Class 2 projects identified for 2008. Work will also be done to improve the upper section of Terry Hill and lower Mountain Road. The board's spring road tour is scheduled for Monday, May 5 at 5:30 p.m.
 
Other Business.
2008 Appointments. The Selectboard voted unanimously to reappoint Ray Coffin, Jr., David Fracht and Kostas Amanatidis to the Developmental Review Board for a term of one year.
 
Executive Session.
Personnel. The Selectboard entered Executive Session at 8:45 p.m. to deal with a personnel matter. No action taken.
 
The Selectboard exited Executive Session at 9:00 p.m.
 
The board briefly discussed the Bacon property issue. Ken and Tim said they are both inclined to wait for Charlie Bacon to come before the board. Jay restated his position against and that there is no benefit to the Town in pursuing this issue nor is it a situation that the Town had any part in creating. He urged Tim and Ken to work together as a board and come to a decision about how to address the issue in a proactive not reactive way. Ken stated that he doesn't care whether Bacon builds on the lot in question or not and that he is not afraid to deal with the issue. He asked for more information from the file to review.
 
Next meeting: Monday, March 24, 2008 at 7:00 p.m.
 
Agenda-RR Station Project
Bacon property
 
9:15 p.m. Meeting Adjourned. 
 
Attest: ___________________
Debbie Messer
Administrative Assistant to the Selectboard
 

March 10, 2008.  Approved
7:00 p.m. Call to Order.  
 
Present: Selectboard Members: Jay Barrett, Tim Cramer, Ken Gulick; Don Davenport, Peter Berger, Grover Boutin, Lance Colby, John Larrabee, Deborah Chambers, Leon C. Marsh, Jr., Scott Hood, Greg McGrath, Peter Lange, Lisa Hinsley, Chaz Hinsley, Larry Farnham, Noel Walker, Debbie Messer.
 
Public Comment.
Don asked, "What's going to happen to Terry Hill Road?" "How would you be able to sell him property being as the roads are built on that property?"
 
Jay said the "The town vote was non-binding. The Town can move forward or say we won't touch this thing." The "first thing I'd like to say is that I believe we should as a board agree that Charlie Bacon is responsible for any and all costs associated with this thing."
 
When asked what he wanted to do about this issue, Ken said he wanted "to wait until Charlie Bacon comes in." Don stated that Ken "should give a little more thought to the folks that live on Terry Hill and that he (Don) will not let Terry Hill be turned into a trail."
 
A March 3 memo from Garrett Baxter (VLCT Staff Attorney), states that "the voters have no statutory authority to require the Selectboard to sell a town highway." And that, although the Selectboard can sell town property, the board does not have the authority to sell a town highway."
 
Jay reminded everyone that the former selectboard unanimously voted last April not to sell any additional land to the Bacon's. And the even though he remains against this, he will work with the other two board members if they want to pursue it.
 
When directly questioned by Don and others about signing the Bacon petition to get this on the Warning for Town Meeting and if this issue is coming up once again because a board member instigated it, Ken's answer was that he "is not for this thing or against this, as long as we don't damage the Town." He also said that "he signed the petition because he thought a town-wide vote was fitting."
 
Tim said he was not on the Board when he signed the petition and that he felt that "the guy deserves a chance to prove it is a building lot."
 
When Ken said that he'd been on this property and not seen any drainage problem, Lance answered that he as Water Operator and Health Officer, has been on that site again and again and it is a "big focal point for drainage for a large area. This lot has real issues." He recommended that the board review the large file in the AA's Office and then come to a conclusion about this lot. "There is a lot of history in the file, including documents as far back as 1967 when the State of Vermont approached Eugene and Mary Jane Smith to buy land for the Interstate. As far back as then it was recognized that this is not a buildable lot."
 
Lance said that "this thing has taken up four or five years of valuable time."
 
Peter Berger said that this "should be a dead issue. It appears that Charlie Bacon is someone who can't take no for an answer and spending money doesn't seem to be a problem."
 
John Larrabee said "that this would have been a dead issue if not for the two selectboard members who signed the petition."
 
All three board members agreed not to move forward until Bacon agrees to pay or reimburse the Town for all costs. The board will then seek legal counsel from the Town's Attorney. Debbie was asked to consult further with VLCT and the Secretary of State's Office.
 
This will remain on the agenda until closed.
 
Follow-Up Items.
Proposed Lange Subdivision. Peter and Lance came back before the board to discuss town water for the proposed subdivision. The Selectboard, as Water Commissioners, will work with Peter on this project and asked Lance to look into placing the necessary line(s). The board asked Debbie, with Lance, to work on a letter of opinion from the Water Commission. Lance will check with the Water Supply Division.
 
Other Business.
2008 Appointments. Jay Barrett was reappointed as Selectboard Chair. Did not make DRB appointments until clarified by DRB Chair. Planning Commission appointment after formal resignation is received from Tim Cramer and recommendation from the Planning Commission.
 
At the next meeting the board will review the winter road budget to date and schedule spring road tour for mid-April. Debbie asked the board about posting the roads. Jay made a motion to post as soon as possible. Ken seconded. Vote: 3-0 in favor.
 
Town Hall Renovation. Jay asked if we "try to move forward or drop it?" Jay will give a presentation at their regular March 31 meeting. He will present the current project plan and financing options.
 
Railroad Station. The board asked Debbie to speak with Malcolm about the necessary grading, Reg Cramer regarding the electrical, schedule the project and draft a rental agreement.
 
The Selectboard and the Lake Morey Commission will meet in early April to review the 2008 milfoil treatment plan and then again this summer for a broader plan review.
 
Water Dept. Lance told the board that the Fiber-Optic Project at the Reservoir is on schedule and will be done as soon as weather permits. Other 2008 projects include the pump house and Fairview Street line. The Selectboard will devote a meeting to water department projects, policies and procedures in mid-to-late April.
 
Town Plan Public Hearing is scheduled for April 21. The Selectboard will most likely make changes to the proposed draft and will hold another public hearing sometime in June with a potential vote in late summer or early fall.
 
Noel Walker updated the board regarding the CLA. The Lister's Office is in receipt of a letter from The Property Valuation and Review Division of the Vermont Tax Department denying our CLA appeal and has scheduled a hearing date of March 25. Noel said "we either accept the letter or appear at the hearing." She asked that a board representative attend the hearing as well.
 
Minutes from February 25, 2008 approved as written.
 
Next meeting: Monday, March 17, 2008 at 7:00 p.m.
Agenda-Winter Roads
Spring Road Tour
Mowing
DRB Appointments
RR Station draft rental agreement
Exec. Session-Personnel
 
9:45 p.m. Meeting Adjourned. 
 
Attest: ___________________
Debbie Messer
Administrative Assistant to the Selectboard  

February 18, 2008.  Approved.
7:00 p.m. Call to Order.  
 
Present: Jay Barrett, Grover Boutin, Dave Matthews, Cicely Richardson, Debbie Messer.
 
Town Hall Renovation Plan Presentation to be rescheduled for when full Board present.

Public Comment.
Brief conversation about Town Hall renovation issues.   Debbie was asked to gather more information regarding loan vs. bond for project.
 
Other Business.
Mileage reimbursement rate of .48¢ per mile approved 2-0.
 
Minutes from February 11, 2008 approved as written.
 
Next meeting: Monday, February 25, 2008 at 7:00 p.m.
Agenda-
 
7:30 p.m. Meeting Adjourned. 
  
Attest: ___________________
Debbie Messer
Administrative Assistant to the Selectboard

February 11, 2008.  Approved.

7:00 p.m.  Call to Order.  

Present:  Jay Barrett, Grover Boutin, Ken Gulick, Rep. Sara Copeland-Hanzas, Malcolm Godfrey, Leon C. Marsh, Jr., Cicely Richardson, Debbie Messer.

Correspondence.  Selectboard signed contract for Appraisal Services to help with the CLA appeal. Selectboard signed the Certificate of Highway Mileage.  Selectboard signed the Orange County Sheriff’s Department contract with a change in the contract year.  Class 2 Roadway Grant Program.  Debbie will work on the application. Meet with Malcolm to look at proposed projects for 2008.

Public Comment.  Lee asked to speak to the board regarding private parties plowing snow into and across the town highways.  Malcolm verified that it has been an issue.  The board asked Debbie to post the relevant statute as a first step.  Lee and Malcolm were asked to keep an eye out and report back if particular residences were noted.

Other Business. Rep. Sara Copeland-Hanzas checked in the Selectboard for an update on current issues in Fairlee and relayed information from the legislature.  Ken asked what it would take to get business to come over here to Bradford and Fairlee.  We don’t have any business here except tourism.

Sara replied that sewage and high-speed internet are hurdles in this area.  Ken answered by stating land trusts are taking over property that could be better used for commercial and industrial uses and that perhaps we need take some authority away from the regional planners.

Grover said that he is in favor of conservation and that tourism is an integral part of our community. 

Sara told the board that the Governor’s budget is “very scary” and proposes a cut of 19.5% to transportation that puts further burden on towns while the legislature is trying to work on property tax relief.  She added that one proposal might be that, with construction costs rising 18%-20% annually, towns bond for roads and construction. This could generate jobs locally and benefit benefit both the economy and our roads and bridges.

Follow-Up Items.  There was a brief discussion about the role of the budget committee and what should and should not be included in the Town Report.  Because it is a document for the town, any reports in the town report should not espouse any personal feelings or agenda that could have potentially far reaching negative ramifications.  They should be based on fact.  The board is researching and will set committee guidelines at its organizational meeting after Town Meeting.

Minutes from January 28, 2008 and February 4, 2008 approved as written.

Next meeting: Monday, February 18, 2008 at 7:00 p.m.

Agenda-Town Hall Renovation presentation by Jay.

8:40 p.m.  Meeting Adjourned.

Attest: ___________________

Debbie Messer

Administrative Assistant to the Selectboard 

January 21, 2008.  Approved.
7:00 p.m. Call to Order.  
 
Present: Selectboard members - Jay Barrett, Grover Boutin, Ken Gulick; Debbie Messer, John Wetzel, Chaz Hinsley, Bruce Drewitt, Dan Ludwig, Leon C. Marsh, Jr., Steve Bentley and Amy Record.
 
David Fracht and Cami Buster entered the meeting at 7:30 p.m.
 
Correspondence.  Access permit letters for Gramling (approved with conditions) and Saladino (pending) were approved for mailing.
 
Municipal Education Grant.  Consortium with Bradford, Newbury and Groton. Land use workshops. Fairlee will host one in April. Selectboard members, planning commissions, developmental review boards, and administrators are encouraged to attend.
 
Fuel Oil and Propane Costs.  After gathering pricing information from local suppliers it was decided to remain with Pratt's/Dead River for the remainder of the heating season and look at this again in the spring.
 
2008 Prouty.  The Selectboard approved a request from the Prouty organizers to use the Railroad Station common as a Stop & Go for their annual bike ride on July 12, 2008.
 
Bats.  A-One Exclusion has agreed to extend our contract at no charge until March 2009 and will to continue to monitor and treat the attic. They have also recommended that we look at doing something on a regular basis thereafter. This is to be an item for the 2009 budget.
 
Follow-Up Items.  Paving upper Terry Hill and lower Mountain Road. Chaz spoke about the lower Mountain Road section and said that road is already higher than the floor of his building. His concern is run-off. Dan asked the Board to explain the thinking behind paving the hill section just beyond where the paving now ends and his concerns about paving that hill. The Board stated that it is strictly a maintenance issue. Annually, the Selectboard and Malcolm look at road projects. Dan's opinion, and others via emails/letters to the SB Office, that paving that hill would have a detrimental effect on safety. He said that while travel on the paved portion can be treacherous in the winter, travelling on the dirt section has not been an issue. He feels that in order to pave that hill there would be a lot of necessary preparation work.
 
Jay commented that perhaps leaving those roads as they are is the best decision at this time. The outcome of the discussion is that there should be some grading and perhaps ditching on upper Terry Hill as well as lower Mountain Road.
 
Jay made a motion to remove the $40,000.00 from the Capital Budget. Ken seconded. Vote: 3-0 in favor.
 
Jay made a motion to add $10,000.00 to the Highway Budget-Special Projects for grading work on upper Terry Hill and lower Mountain Road.
 
Grover asked if the paving question needed to go before voters at town meeting and Chaz asked if there should also be a question to the voters about accepting and maintaining any more roads.  The Selectboard agreed that both questions would be looked at.
 
Leon C. Marsh, Jr. Salary.  The Budget Committee and the Selectboard recommended a salary increase from $11.88 per hour to $15.00 per hour. Grover made a motion to approve the pay increase. Ken seconded. Vote: 3-0 in favor.
 
Budget Committee.  The Budget Committee presented their final 2008 budget recommendations. Firstly, Agency Appropriation Requests, they support the 10% cut across the board.
 
They also wondered about the paving, but, that has been addressed.
 
Capital. They suggest adding $10,000.00 to the Fire & Rescue line item towards the purchase of a fire truck and $5,000.00 to the Emergency Building line item for future building projects. Also, moved from the Library budget to Capital is $4,000.00 for the chimney. Lastly, electrical service and parking ($13,500.00) for the Railroad Station was moved to Capital from the Railroad Station budget.
 
There was a lengthy conversation about what should and should not be a "capital" expense. This needs to be clarified for consistency. Also, that the Planning Commission should be working on the capital budget and program as well.
 
The Budget Committee also recommended adding $2,000.00 to the Highway Budget Summer Road-maintenance line item.
 
They then questioned why the Emergency Building rent only increased by $75.00 per month. The amount that the rent can be increased is limited by the lease.
 
The Milfoil budget was also questioned. David and Cami both feel that the town portion is unfair and inequitable when the only benefit the town receives is use of the town beach and the public boat landing.  Grover stated that the town spoke to this issue at last year's town meeting and from that vote it is clear that the town is committed to saving the lake.  David and Cami both suggested that the 50-50 split needed to be looked at.  Jay, as Chair, stated that this is not a discussion for the budget commitee.
 
The last budget item to be discussed was the Administrative Assistant's office hours.  David asked to go into Executive Session to discuss this contractual issue.  Jay and Grover both said that is was not contractual, but budgetary, and did not meet Executive Session requirements.  David and Cami both felt that a full-time AA is unnecessary and wonder why the increase in hours is needed when the position has been part-time for years. Bruce Drewitt was not in total agreement.  They said that perhaps responsibilities have changed, is the AA doing things that other departments should be doing. Is there job creep happening? Should all departments be looked at?
 
Jay said that a budget decision needed to be made. He asked Ken and Grover for their thoughts. Grover said that he feels that because of the work that is being asked of the AA and the demands of the public the position requires full-time.
 
Ken made a motion for the AA hours stay at 40 per week until town meeting and then back down to 30 per week. Jay seconded. Vote: 2-1 in favor.
 
The Selectboard will revisit these hours in 90-120 days.
 
Other Business.
Delinquent Property Taxes. Lee told the board that he now has (3) three possible tax sales. One is definite, two others are potential. He said he would have more information on the others by the end of the month.
 
Property Valuation. John asked for board approval to retain Charles L. Merriman of Tarrant, Marks & Gillies of Montpelier to assist the Lister's with the Town's appeal of the 78.54 CLA effective 1/1/08. The first expenditure would be $500.00 for a review and to determine the strength of our case.
 
The appeal will have three steps: the PV&R; Valuation Appeal Board; and Superior Court. It is felt that our best shot is Superior Court and that for Merriman to represent us in a case (if we have to go that far) his legal fees would be in the $6-$7,000.00 range. Jay asked that perhaps the Lister's contact VLCT to ask if they would act as adjoiners.
 
Jay made a motion to approve the first expenditure of $500.00 for the case review. Grover seconded. Vote: 3-0 in favor.
 
Town Plan. Debbie is to verify time limits for action by the Selectboard on the proposed town plan. Communicate with SB, Don Davenport and Larry Gatto.
 
Department of Corrections. Dave Peebles has informed Grover that a sex offender will be moving into Fairlee. Lee Marsh (in attendance) is in receipt of that information.
 
Minutes from January 14, 2007 approved as written.
 
Next meeting: Monday, January 28, 2008 at 7:00 p.m.
 
Agenda - Town Plan, Warning

10:18 p.m. Meeting Adjourned. 
 
 
Attest: ___________________
Debbie Messer
Administrative Assistant to the Selectboard  

 
MINUTES OF THE SPECIAL SELECTBOARD MEETING
January 7, 2008
 
7:00 pm. Call to Order.  
 
Present: Selectboard members – Jay Barrett, Ken Gulick; Debbie Messer; Noel Walker; John Wetzel; Don Davenport; Dashiell Rae; Dan Ludwig and Cicely Richardson. Absent: Grover Boutin.
 
Public Comment.
Kathleen Monroe participated via telephone regarding plowing Class 4 Bald Top Road. She read a letter of support from the Fitzhugh’s, part-time residents of that road. The letter spoke about the difficulties of winter travel on Bald Top Road. K. Monroe then spoke of her own concerns of winter travel on Bald Top, oncoming traffic, snowmobiles, pedestrians, stopping at the bottom, etc. She also mentioned that a precedent has been set because she was told that Bald Top had been maintained for some 30 years until someone made a decision not to take care of it any longer. Jay spoke to the facts that a few years ago the Selectboard adopted a policy to not maintain any Class 4 roads, as there was an ever increasing number of complaints from both residents and non-residents of Class 4 roads. Dashiell Rae also spoke of her concern for service provider access to residents of Bald Top Road when the road is not plowed. Jay answered that since there was a Board member absent, he would prefer to table any decision until the next meeting. Next meeting agenda item.
 
Listers.
The property valuation for Fairlee is in and our number has gone down significantly due to a disproportionate number from the sale of lakefront properties. Lister John Wetzel has written a letter of appeal on behalf of the Selectboard. Upon review the Board approved the letter for signature and mailing.
 
Town Plan Discussion.
Don Davenport presented a revised map that shows extended commercial and industrial areas. He also shared revised text and definitions. Jay asked about the impact changes would make in moving the plan forward. Don feels that the Planning Commission’s work is done and that with the proposed changes, the plan will be more widely accepted. Ken asked why there are new maps when there were never any complaints about the old maps. Jay recommended they decide next step at the next Selectboard meeting when the full Board is present. The Planning Commission will wait to hear from the Selectboard.
 
2008 Budget.
The Budget Committee came before the Selectboard to make their initial recommendations regarding the 2008 Town Budget. They asked about the Selectboard not taking pay for 2008. Jay said that it was their gesture to make and it would stand. The committee questioned the necessity for a full-time Administrative Assistant when the job has always been part-time. Jay mentioned that there have been 3 AA’s in as many years, a new Board, and ever-increasing requirements and responsibilities of the Administrative Assistant. David Fracht said he didn’t feel comfortable with a Town Manager. Cami Buster said that from 24 to 40 hours is a 66% increase and that is huge. They would like to talk about this more at the Public Hearing on the 14th. The Budget Committee also asked about insurance costs across the board; asked that a new category “Community Organizations” be created for the inclusion of all organizations that request appropriations and that the “Health” category include only health officer salary/taxes and Upper Valley Ambulance. David asked if the Highway Winter budget was enough given the early snowstorms we’ve had. Debbie was asked to go over those numbers again with Malcolm. Debbie was also asked to look into the costs for fuel oil and propane and to get the best possible pricing.
 
Budget Committee left at 9:25 pm.
 
Lisa Hinsley advised the Selectboard that she will not be running for another term as Town Treasurer.
 
Minutes from December 20, 2007 approved.
 
Next meeting - Monday, January 14, 2008 at 6:00 pm.
Agenda - Class 4 Bald Top plowing, Town Plan.
 
9:50 pm. Meeting Adjourned.
 
 
 
Attest: ___________________
Debbie Messer
Administrative Assistant to the Selectboard

 2008 ARCHIVE OF MINUTES

 2007 ARCHIVE OF MINUTES