Meeting Minutes : Select Board

Town of Pittsford

Select Board Meeting

August 20, 2014

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

Select Board members present: Jane Cornell, David Trombley (6:47 PM), W. Joseph Gagnon, and Thomas “Hank” Pelkey. Absent: Thomas Hooker. Also present: Helen McKinlay, Jim Stewart, Wayne Wilmans, John Schell, Bruce Babcock, Shawn Erickson, Melanie Clerihew, Joe Massores, Sue Markowski, Mark Winslow, Mike Warfle (6:45 PM), John Haverstock and Kelly Giard, Recording Secretary.

J. Haverstock reported that there are 3 items to be added to the agenda. These items are: Joe Massores to discuss paving on Oxbow Road; Rep. Shaw to discuss the Route 7 projects; and Executive Session for personnel (compensation).

Motion by T. Pelkey and seconded by J. Gagnon to amend the agenda as amended. Motion passed unanimously 3 – 0.

The Select Board minutes from the August 6, 2014 meeting were signed, with no corrections.

The orders, in the amount of $1,128.01 (FY ’14); $1,193,680.71 (FY ’15) and $16,077.74 (Payroll) were approved, with the following discussion:

J. Gagnon inquired about the expense to Central Vermont Truck Repair for the fire truck inspection and inquired if additional work was performed. This was deferred to T. Hooker, who was absent from the discussion.

J. Gagnon inquired whether the expenses for the Kendrick Dam project would be covered by grant funding. J. Haverstock explained that all expenses would be covered by the grant funding.

J. Gagnon inquired about the expense to J P Carrara Concrete for Pittsford Day. J. Haverstock explained that the expense was for concrete blocks, which are now the property of the Town.

J. Haverstock reported on the following:
• Pittsford Day was a great success. There were approximately 700 meals served and $2,000 was raised in the Silent Auction.
• Markowski Excavating has finished with the sediment removal at the Kendrick Dam. There is still work to be done with the seeding of the area and to restore a fence and install a gate. The Highway Department will assist with site restoration and clean-up as part of the “in kind” requirement for the grant funding. There will be future discussions concerning the possible implementation of an access policy. There have been several historical items discovered at the site.
• The sidewalk easements in the Arch Street area are progressing.
• Green Lantern has reported that they have applied for a Certificate of Public Good with regard to the Kendall Hill solar project.
• The Planning Commission will be holding a Public Hearing on August 28 with regard of the proposed amendments to the Zoning Ordinance.
• Edward Bove has been named the new Executive Director of the Rutland Regional Planning Commission.
• There will be seminars on September 3 at Otter Valley and September 10 in Montpelier with regard to the revisions to the Open Meeting Law.
• Thank you to the Fire Department for its response to the Municipal Office when the air conditioning unit malfunctioned.
• The Sewer Ordinance has become effective, as the time to petition for a vote has passed.
• OMYA has extended the contract with the Town for two months for the monitoring and surveillance of lost trucks.
• The Town Manager will be out of the office on August 28 and 29.
• The Municipal Office and related services will be closed on September 1 in observance of Labor Day.

No Public Comment presented at this time.

Pittsford Day Recap:
This item was included in the Town Manager’s Report.

Discussion of Proposed Parking Ordinance (M. Warfle):
Police Chief Warfle and Fire Chief Hooker have proposed the implementation of a Parking Ordinance.

J. Haverstock reported that Joe Kamuda, owner of Kamuda’s Market, has expressed concern that his employees would lose on-street parking on Elm Street. Mr. Kamuda has lost some parking spaces previously to implement a Fire Lane. Mr. Kamuda indicated that since the Fire Lane was implemented, his employees have been parking on Elm Street.

Chief Warfle recommended adding to Section 4 – No Parking Areas – any sidewalk. There was discussion concerning sidewalks on Route 7 and who would have the jurisdiction over this area. J. Haverstock will contact the State of Vermont to clarify this concern.

Chief Warfle also recommended increasing the fines for Handicapped Parking violations to $100 for the first offense and $200 for the second offense.

Other recommendations that Chief Warfle proposed were:
• Parking Winter Ban to be included on ALL Town highway plowed roads
• People repairing vehicles on the street or sidewalk
• Banning the sales of vehicles on streets
• That any violations are the “Registered Owner’s” responsibility and in the event plates are removed from the vehicle, the responsibility would fall to the last registered owner.

Chief Warfle inquired who would be the Hearing Officer for the Ordinance. J. Haverstock indicated that the Select Board would be responsible for designating an individual to handle any appeals.

J. Gagnon inquired if all residents are aware of this Ordinance. J. Haverstock explained that the item has been included on the agendas and has appeared in newspaper articles. J. Haverstock explained that there would be public hearings and notices in the paper, and an additional 60 day waiting period prior to enforcement.

J. Cornell inquired who would be affected with this ordinance. Chief Warfle indicated the Village residents.

Shawn Erickson inquired about the signage distances. Chief Warfle indicated that he would provide that information.

Chief Warfle exited at 6:56 PM.

Homestead Declaration Late Filing Penalty Abatement Requests:
Town Clerk/Treasurer Helen McKinlay was present to discuss the Homestead Declaration Late Filing Penalty and several abatement requests received to date.

H. McKinlay read and explained 32 V.S.A. that states a 3 – 8 % penalty and a $15 fee to issue a new tax bill in the event there is a change in the declared homestead.

C. Shaw discussed the abatement process and indicated that there is no authority to abate, unless the Select Board authorizes the Board of Civil Authority or handles the abatement directly. An abatement can be handled as an individual situation, or part of a larger group. J. Haverstock explained that it may be difficult to determine what sorts of “hardship” would justify abatement and to be consistent in rulings. J. Haverstock explained that there are currently five abatements pending. H. McKinlay stated that some towns waive all such penalties and some handle each request individually. H. McKinlay also explained that there is a deadline of October 15 and more requests could be received through the weekly download information that is received from the State.

T. Pelkey stated that the VLCT language that was included in the packets should be reviewed and discussed at the next meeting. D. Trombley inquired if all penalties were the same. H. McKinlay stated that the penalty can vary from 3 – 8 % and explained the various factors in this determination.

This item was tabled.

J. Haverstock stated that the statute requires that the Town Treasurer make recommendations regarding whether each request should be granted.

Remarks from OMYA re: Business and Personnel (J. Stewart and W. Wilmans):
Jim Stewart, Plant Manager of OMYA was present to discuss the last quarter with the Select Board. Mr. Stewart explained that sales were “OK” with sales becoming stronger in July.

Mr. Stewart wished to thank Chief Warfle and the members of the Police Department for their assistance in the “lost truck” issue. Mr. Stewart reported that, to date, twenty-three trucks have been “caught” and nine tickets issued. Currently, OMYA invoices their customer $200 for such episodes, which has prompted good discussions.

Mr. Stewart reported that the Liquid Natural Gas conversion regarding trucks is on target to occur in mid-October. OMYA is in favor of the natural gas pipeline and has intentions of connecting, in the event that this project comes through Pittsford.

There will be a Quarry Open House at the Middlebury facility on September 13, which is a month earlier than usual.

Mr. Stewart reported that there have been positive comments received from neighbors with regard to noise levels.

Mr. Stewart will be retiring in January. Mr. Wilmans will become the new Plant Manager and Mr. Schell will become the Assistant Plant Manager.

T. Pelkey appreciates the communication and welcomes Mr. Wilmans and Mr. Schell to their new roles.

T. Pelkey reported that he and T. Hooker met with Mr. Stewart prior to the meeting and OMYA has agreed to donate 3 large blocks of marble that have been identified for use for the planned Veterans Memorial at the Municipal Office. T. Pelkey indicated that he hopes to have all the work done on this project by Rutland County businesses.

T. Pelkey expressed thanks to OMYA for being good friends to Pittsford and stated that he hopes the relationship continues.

Mr. Wilmans, Mr. Schell and Mr. Stewart exited at 6:45 PM.

Resident Concerns About Route 7 Safety (M. Winslow):
Mark Winslow has submitted a letter to the Select Board with regard to the passing lane near his property on Route 7 south. Mr. Winslow is concerned that the cars are speeding up at the end of the passing lane to the north of the Country House Restaurant. Mr. Winslow expressed concern that when they speed up, they are not checking for vehicles entering the highway in that area and is concerned, as there have been many “close calls”.

D. Trombley agrees with Mr. Winslow’s concerns. Clarence Greeno inquired whether it would be possible to have a “No Passing Zone” in that area.

C. Shaw explained that the process would be to ask the Agency of Transportation to move forward with the request and they would then collect data prior to any changes.

Motion by D. Trombley and seconded by J. Gagnon to send a letter recommending this change. Motion passed unanimously 4 – 0. J. Haverstock will forward correspondence to VTrans, with a copy to Mr. Winslow.

Potential Use of Burditt Funds for Lothrop School Heating System Upgrade:
Melanie Clerihew was present to discuss the heating system issues at Lothrop School.

Ms. Clerihew presented a plan to do these repairs. Ms. Clerihew explained that the State Fire Marshall, plumber and Efficiency Vermont have inspected the current heating system and have indicated that the pipes are old, there is no heat recovery, the oil tanks are nearing the end of their useful life, and the insulation in the buildings is inadequate.

Ms. Clerihew indicated that the last heating season cost $68,000 in heating oil and this amount can be lowered by approximately $40,000 annually with the proposed upgrades.

Ms. Clerihew explained the proposed plan and the proposed funding sources.

C. Shaw recommended that the School Board contact the State Agencies and ask for funding assistance. C. Shaw will assist in this communication.

The item was tabled and Ms. Clerihew will meet with the Town Clerk/Treasurer to finalize the proposal for the utilization of the Burditt Fund. She will come before the Select Board again on September 17 to make an official request to use Burditt Funds.

M. Winslow exited at 7:25 PM.

Proposal to Pave Oxbow Road (J. Massores):
Mr. Massores was present to request paving on the Oxbow Road.

T. Pelkey explained that this would involve more than just paving. Mr. Massores said that he realizes that this requires more than just paving. However, paving of just 50 feet would benefit two residents.

J. Haverstock explained that there is a limited paving budget and currently, annual paving funds are devoted to maintaining currently paved roads. S. Erickson stated that the paving this year would be to maintain and repair the paving that was done in 1998. T. Pelkey stated that the previous Board had bonded $2 million for paving, which amount is still being repaid. J. Cornell stated that this section of road has been an issue for over 30 years. S. Erickson stated that some sections on Oxbow Road are paved to save the hills from washing away.

T. Pelkey stated that this year there were no additional dollars budgeted for paving. T. Pelkey inquired what the cost per mile would be to reconstruct and pave. S. Erickson stated between $500,000 and $600,000 per mile.

T. Pelkey invited Mr. Massores to budget meetings to discuss this proposal for future budget years.

Mr. Massores exited at 7:36 PM.

Route 7 Discussion:
C. Shaw was present to discuss the Route 7 construction.

There will be a “rut fill” occurring on Route 7 beginning on August 20. The abandoned properties (Bloodworth and Berry Patch) currently owned by the State have seen asbestos removal and a contractor has been chosen for the demolition.

There was discussion about the anticipate timetable for reconstruction/paving of the several segments of Route 7 in Town.

None presented at this time.

T. Pelkey made a motion and seconded by J. Gagnon to go into Executive Session for personnel issues where premature knowledge would be damaging to the Town, and may be jeopardized by public disclosure.

In accordance with 1 VSA 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 Personnel at 7:47 PM.

The Select Board exited Executive Session at 8:00 PM.

Motion by J. Gagnon and seconded by J. Cornell to award Shawn Hendee the Master Skills rate of pay under the Union Contract. Motion passed unanimously 4 – 0.

The meeting adjourned at 8:01 PM.

The next meeting will be held on September 3, 2014.

Respectfully Submitted,
Kelly Giard, Recording Secretary
Thomas “Hank” Pelkey, Chairman

W. Joseph Gagnon, Selectman

Jane Cornell, Selectman

Thomas Hooker, Selectman

David Trombley, Selectman