Meeting Minutes : Select Board

May 19, 2010

The meeting was called to order at 6:30PM by Thomas “Hank” Pelkey, Chairman.

Select Board members present:  Thomas “Hank” Pelkey, Joseph Gagnon, Thomas Hooker, and Linda Weeden. Absent: Allen Hitchcock.  Also present:  Pierre Masuy, Shawn Erickson, Anita Paynter, Mike Warfle, Mike Reynolds, Lema Carter (6:58 PM), John Haverstock, and Kelly Giard, Recording Secretary


The minutes from the May 5, 2010 meeting were reviewed and signed with no corrections.


The Orders of $829,018.61 (General Fund) and $9,261.45 (Payroll) were approved and signed following discussion as stated below:

L. Weeden inquired about the expense to Crystal Rock Bottled Water.  J. Haverstock indicated that this was for coffee at the Town Office and water at the Highway Garage.  J. Haverstock reported that Shawn Erickson has spoken with a plumber with regard to installing a fountain at the Highway Garage and information is expected soon.

L. Weeden inquired about the expense at G. Stone Motors for the repair of the Constable’s Ford Explorer.  J. Haverstock explained the repairs and that further discussion would be occurring later in the meeting.

L. Weeden inquired about the expenses to Weston & Sampson. J. Haverstock indicated that this was the preliminary design for the pending sewer project and explained the project in detail.

J. Gagnon inquired if the expenses to Weston & Sampson would cover all of the work to be done by an engineer.  J. Haverstock indicated that the design is anticipated to be completed by the end of May.  J. Haverstock also indicated that this would be funded by a loan and grant that will be available following an approved bond vote.


J. Haverstock reported on the following:

  • Bruce Babcock returned to work on May 10.
  • The water project is progressing with 8 crews active in various parts of Town.  The meters continue to be installed and approximately 80% of the residents have either had meters installed or scheduled an installation.  The expenses exceed the $2.6 million loan and the closing on that loan is anticipated to occur with a signing of the documents by the Select Board at the June 16 meeting, with anticipated payment to the Town due on June 23.  The next meeting of the contractors is scheduled at 1:00 PM and 2:00 PM on June 8.
  • Trash can maximum size demonstration for a $2.00 fee at the Transfer Station was offered for the PEG TV audience.
  • Pittsford “won” the Feinstein Food Challenge in the friendly competition with Proctor.
  • The Zoning Board of Adjustment is scheduled to meet on June 14 to discuss the permit application for construction of the Highway Garage on Plains Road.  A permit will be posted on May 20 on Town property.
  • A representative from was present and took photos of the sludge bagging system and the Florence water tank to be posted on their website as items for sale.
  • On May 18, the Secretary of State honored employees Charlie Rivers for his 49 years of active fire duty in Brandon; and Joseph Skaza for 37 years of active fire duty in West Rutland.
  • On May 20, a meeting will be held at the Maclure Library for the Staying Connected wildlife mapping exercise.
  • The Water & Sewer Commission will be holding a special meeting on June 3 to discuss the Sewer Project.  A special meeting of the Select Board will occur following this meeting to determine whether to authorize a bond vote to raise the necessary funds.
  • J. Haverstock will be out of the office on Thursday and Friday (May 20 and May 21) to attend a Town Manager’s conference in Middlebury.
  • Memorial Day will be observed on Monday, May 31.  All Town Offices and operations will be closed on this holiday.  Thank you to OMYA for contributing $500 to cover the purchase of flags for the Veterans’ grave sites.
  • J. Haverstock reported on the following questions that arose at past Select Board meetings:
  • The Whipple Hollow Road is to be resurfaced and not reconstructed.
  • Depot Hill Road will need reconstruction when the schedule is determined.
  • The West Creek Road south improvements will be done in segments, due to the length of the road.
  • The legal fees with regard to the Paynter suits are nearing $90,000.
  • The Dam Task Force will be meeting with Shawn Erickson and J. Haverstock on June 14 at the site of the Kendrick Dam.
  • Thank you to Bruce Paynter for recommending the posting of a 1947 U. S. Army film that discusses a Town Meeting in Pittsford.  This film is posted on the website for interested persons to view.


None indicated at this time.


Discussion of Highway Garage Fuel Tank:

J. Haverstock indicated that the bids for the removal of the 3 Town-owned underground storage tanks are included in the packets for review.  The tanks are located at the Highway Garage, Fire Department, and Town Office.  L. Weeden inquired if it would be feasible to drain the tanks, cut the tops off and fill with dirt as opposed to removing the tanks.  J. Haverstock reported that he has asked this question and has not received any answers.

There was much discussion concerning the removal of the tanks and the submitted bids.

J. Gagnon made the motion and T. Hooker seconded to award the removal bid to D & M Petroleum in Bristol for the removal of the 3 tanks.  Motion passed unanimously 4 – 0.  The bids for replacement tanks will be reviewed at the June 2 meeting.

Continued Discussion of Chipper Rental Expenses, Alternatives:

J. Haverstock reported that S. Erickson has spoken with Vaillancourt Tree Service with regard to the fees that were charged for the rental of a chipper.  There is a credit pending currently as the Town was supposed to be charged $300 per day and not the $400 as was charged.  T. Hooker inquired what the life of a new chipper would be.  S. Erickson indicated that a chipper life is 20 – 30 years, if properly maintained.  T. Hooker inquired what was spent in the last 10 years for chipper rental.  L. Weeden indicated that $12,990 was spent in the last 2 years.  L. Weeden inquired whether a used chipper could be purchased.  S. Erickson indicated that a used chipper could be purchased, however, recommended that any purchase of a used chipper be through an authorized dealer.  T. Hooker inquired about the cost of a new chipper.  S. Erickson indicated that a new chipper able to handle the work would cost between $23,000 and $24,000.  J. Gagnon inquired if the sale of the plow would be feasible with the funds to go toward the purchase of a chipper.  There was discussion regarding this.  L. Weeden inquiredwhether storage would be an issue and if the chipper would be used more if one was purchased.  S. Erickson indicated that storage would not be an issue and that a chipper would be used more if one was purchased.  T. Hooker recommended that bids be sought and reviewed in the future.  L. Weeden recommended that on-line opportunities be researched as well.  This item will be discussed at the June 2 meeting.

Discussion of Extension of Town Easement to CVPS:

J. Haverstock indicated that there was discussion of the easement to CVPS at a prior meeting and there is now a proposal and response from CVPS and referred this matter to Executive Session.

Potential Purchase of Calcium Chloride:

S. Erickson expressed interest in purchasing a truck load of calcium chloride.  The amount of this purchase is $379.20 per ton and a total truck load cost of $8,190.72.  This item was discussed at a prior meeting and questions were asked previously.  J. Haverstock reported that this material is not being utilized for the water project; this is only being used on dirt roads and there is currently funding in the budget for this purchase.  J. Gagnon inquired if this purchase would last for two years.  T. Hooker made a motion to purchase a truck load of calcium chloride.  The motion was seconded by L. Weeden.  Passed unanimously 4 – 0.


Budget Status Report:

J. Haverstock reported that the expenses in the General Fund are at 86 % of budget and those of the Highway Fund are at 71 % of budget.

Remarks on OMYA’s Operations in Vermont:

Pierre Masuy was present to update the Select Board on the operations that are occurring at the OMYA facility in Florence.  Mr. Masuy indicated that OMYA intends on staying in its current location and indicated that the company is showing some growth despite the current economy.

J. Haverstock indicated that he has asked Mr. Masuy to discuss the company with the Select Board on a regular basis and Mr. Masuy has agreed.

Discussion of Constable to Enforce Unregistered Dogs:

Motion by T. Hooker and seconded by L. Weeden to accept the list of non-complying dog owners.  Motion passed unanimously.  This list will be forwarded to the Constable for enforcement.

Discussion of Constable Vehicle Usage:

J. Haverstock reported that Constable Warfle has spoken with him with regard to Constable vehicles.  Constable Warfle indicated that there are other towns that pay the Officers for the usage of their personal vehicles that have been outfitted for Police use.  There was discussion that research needs to be done, to include the elements of an hourly car usage rate, insurance rider policy, etc.  Constable Warfle was asked to present a written proposal for consideration and J. Haverstock was instructed to consult the Vermont League of Cities and Towns with regard to the insurance situations.

Mr. Warfle and Mr. Carter exited at 7:24 PM.


The Board recessed as the Select Board and convened as the Liquor Board at 7:24 PM.

The Board reconvened at 7:29 PM.


Mike Reynolds was present to discuss a neighbor that has an outside furnace, which is used year- round.  Mr. Reynolds indicated that this furnace emits a very odorous smoke and he has to keep his house closed up when this furnace is operational.  Mr. Reynolds indicated that this is a nuisance and would like to see a village ordinance put forth to prohibit this type of furnace in the Village boundaries.  T. Hooker indicated that he has spoken with the EPA and had some regulations forwarded to the Town Manager for review.  Mr. Reynolds indicated that this furnace is roughly 155’ from his residence and the proximity stated in the State regulations is 200’ from the house.  J. Gagnon inquired how long the furnace has been in place.  Mr. Reynolds indicated that he believes that this has been in place for roughly 8 years and has no stack in place.  Mr. Reynolds indicated that he has tried to discuss this situation with the neighbor involved.  J. Haverstock inquired if there was any evidence that there is improper material being burned.  Mr. Reynolds is not positive, however, he suspects there may be garbage being burned.  T. Pelkey indicated that this situation could be researched with the League of Cities and Towns to see if there is an ordinance at that level.  T. Pelkey indicated that the Town has to research any legal ramifications that could occur with this ordinance.  There was discussion that these furnaces could be more regulated by the State, however, this is another portion to research.  J. Haverstock will do this research and contact the EPA, and have information available for review.


J. Haverstock reported that there are contractual issues and legal issues thus recommending Executive Session.

T. Hooker made a motion and seconded by L. Weeden to go into Executive Session for legal issues where premature knowledge would be damaging to the Town, and contractual issues that may be jeopardized by public disclosure at 7:42 PM.   The motion was unanimously passed.  J. Haverstock was invited to stay for Executive Session.

In accordance with 1VSA 312 (b), where premature general public knowledge would clearly place the Municipality or person involved at a substantial disadvantage, the Board

unanimously agreed to enter into Executive Session for the purpose of Legal and Contractual at 7:42 PM.

The Select Board came out of executive session at 8:32 PM.

Motion was made by T. Pelkey and seconded by J. Gagnon to instruct the Town Manager to execute a permanent easement to CVPS in exchange for a payment of $3,500.00.  Motion passed 4 – 0.

The meeting was adjourned at 8:33 PM.

The next meeting will be held on June 2, 2010.

Respectfully Submitted,

Kelly Giard, Recording Secretary


Thomas “Hank” Pelkey, Chairman


Allen Hitchcock, Vice Chairman


W. Joseph Gagnon, Selectman


Thomas Hooker, Selectman


Linda Weeden, Selectman