Meeting Minutes : Select Board Minutes -02/06/19

Select Board Meeting Minutes

February 06, 2019

Members Present – Thomas Hooker, David Trombley, Thomas “Hank” Pelkey, Alicia Malay and W. Joseph Gagnon. Others Present: Brian Nolan, Keith Whitcomb, Carol Driscoll, Rishi Connelly, Dave Mills, Craig Pelkey, Atty. Gary Kupferer, Rick Conway, Atty. David Cooper, Town Manager John Haverstock, Kelly Giard – Recording Secretary.
The meeting was called to order at 6:32 PM by Chairman Hooker.
J. Haverstock reported that there was a need for Executive Session to discuss one Legal issue (Von Turkovich Zoning permit) and one Personnel issue (Listers’ Office). Motion by T. Pelkey seconded by D. Trombley to enter into Executive Session. Motion passed unanimously 5 – 0.
Motion by T. Pelkey and seconded by A. Malay to adopt the agenda with no amendments. Motion passed unanimously 5 – 0.

The minutes of the January 16, 2019 regular Select Board meeting were signed, with no changes.

The orders in the amount of $2,376,403.40 and Payroll in the amount of $14,5274.01 were signed, with the following discussion:

J. Gagnon inquired about the expense for a water break on Route 7. J. Haverstock explained that this was a winter-related break. J. Gagnon inquired the expense for a mailbox replacement. J. Haverstock explained that this was an episode involving a Town snow plow.

Town Manger’s Report:
J. Haverstock reported the following:

  • There will be a meeting of the OMYA Community Issues Committee on February 7. Anyone with any concerns is asked to contact the Town Manager.
  • Sullivan & Powers has submitted its draft audit report and is expected to make its usual presentation at the February 20 meeting.
  • The Town Report Dedication Ceremony will take place on February 20, 2019 at 9:00 AM in the Municipal Office Conference Room.
  • The Sewer Project Bond Vote will take place at Town Meeting. There will be a Public Hearing on February 19, 2019 at the Water & Sewer Commission Meeting with the second Hearing at Town Meeting on March 4, 2019 at 6:30 PM.
  • The Municipal Offices will be closed on Monday, February 18, 2019 in observance of Presidents’ Day.

Public Comment:
Rishi Connelly was present to ask for clarification on the Sewer Bond. J. Haverstock invited Ms. Connelly to attend the February 19 Public Hearing to ask questions as the engineers will be present to discuss the project.

Brian Nolan was present to ask for an exception to the Village burn ban. Mr. Nolan stated that he has some brush on his property that he would like to burn. Motion by D. Trombley and seconded by T. Pelkey to authorize issuance of a burn permit. T. Hooker stated that Fire Warden Brad Keith has inspected the pile and is agreeable. Motion passed unanimously 5 – 0.

None presented at this time.

Discussion of Von Turkovich (fka Dollar General) Permit Appeal and Tentative Settlement Agreement:
Atty. Kupferer and Atty. Cooper were present to discuss the recent mediation with the Von Turkovich project opponents. Atty. Kupferer also met with 2 Select Board Members, 2 Zoning Board of Adjustment members and 2 Planning Commission members regarding the outcome of the mediation. Zoning Administrator Jeff Biasuzzi reviewed the agreement and it was determined that it complied with Town zoning regulations.

Atty. Kupferer explained that there are some very minor changes to the permit, such as preserving both of the large trees, some minor parking changes and minor changes to the building façade. The Town had required that there be a flashing crosswalk light installed and maintained by the property owner, however, the settlement states that the property owner would install the light with the Town taking over the maintenance of the light.

D. Trombley stated that Selectman Malay was an opponent and was concerned with her voting on the Board. T. Hooker stated that Ms. Malay has abstained on votes regarding this matter and this is reflected in previous minutes.

Motion by T. Pelkey and seconded by D. Trombley to accept the proposed settlement agreement. Motion passed 4 – 0 – 1 (Malay abstained).

Atty. Cooper exited at 6:55 PM.

Discuss Town’s Response to Act 250 Municipal Impact Questionnaire Regarding Von Turkovich’s Plan to Develop Parcel:
J. Haverstock explained that this was a generic form affirming that the project would have no adverse impact on fire, police or any other Town services and that response to the site is possible.

Discussion of Residents’ Route 7 Safety Concerns:
J. Haverstock explained that this was a resident’s request that the Town endorse request for VTRANS to install chevrons at the south end of Town. The resident this is out of town and the topic was tabled until they return.

Remarks from Planning Commission Chair Regarding Amendment of Zoning By-Laws and Anticipated Changes to Act 250 (D. Mills):
Planning Commission Chairman David Mills was present to discuss the amendments that are being proposed to the Zoning Regulations. The Planning Commission has held their required Public Hearings and the Select Board will need to schedule a public hearing.

The Select Board agreed to hold their Public Hearing on March 20 as part of their regularly scheduled meeting.

Craig Pelkey inquired if his current property would remain as Commercial. Mr. Mills stated that there would be no change at this property.

Consider Renewal of C & C Fireworks’ Permit to Sell Fireworks (C. Greeno):
Motion by T. Pelkey and seconded by J. Gagnon to renew the permit for C & C Fireworks. T. Hooker stated that this should be a 1 year renewal. Motion passed unanimously 5 – 0.

Project Proposal from The Carving Studio & Sculpture Center (Executive Director Carol Driscoll):
Ms. Driscoll was present to explain the project as being a 2 week summer program in which students partner with the Carving Studio and design and carve a bench out of limestone. This project is for students 13 – 19 years of age that design and carve the bench, which is in turn placed at a prominent location in town. The Town was asked for a donation to support this project. Rishi Connelly recommended that the Town Beautification Committee may be interested in supporting this project. The Select Board agreed that this was a good project.

Ms. Driscoll edited at 7:04 PM.

Update on Town Meeting Preparations:
J. Haverstock stated that Moderator Carvey has been contacted; the Lothrop Gym has been secured; the Town Report has been completed and the Dedication will be on February 20. The Select Board will have a very short meeting prior to Town Meeting, as is customary.

The Select Board recessed at 7:24 PM to convene as the Liquor Board.
The Select Board reconvened at 7:25 PM.

T. Pelkey made the motion and seconded by D. Trombley to go into Executive Session for personnel and legal 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 and legal at 7:25 PM. Town Manager Haverstock was invited to remain for Executive Session.

The Select Board exited Executive Session at 7:44 PM, with no action taken.
The meeting was adjourned at 7:44 PM.

The next regular meeting of the Select Board will be held on February 20, 2019.

Respectfully Submitted,

Kelly Giard
Recording Secretary
Thomas Hooker, Chairman

Thomas “Hank” Pelkey, Vice Chairman

Alicia Malay, Selectman

W. Joseph Gagnon, Selectman

David Trombley, Selectman