2004 MINUTES

DECEMBER 20, 2004


Chairman Dale Guertin called the regular meeting to order at 7:00 PM with members Eric Collins and Roger Gendron present. Also present was Laura Ovitt.

Motion made by Roger Gendron, seconded by Eric Collins, to approve the minutes of the Dec. 6 Public Hearing and the Dec. 6 regular meeting as distributed. The motion carried.

The Board discussed the Community Facilities Grant Program, determining to apply for assistance to lease a fire truck in 2005. Future applications will be considered for generators for the two schools and for expansion of the Town Hall vault.

The Board revisited the Planning Commission request for a contract with the Zoning Administrator. The issue was tabled; the Planning Commission will be asked to have someone attend a meeting.

Laura Ovitt discussed the closeout agreement for the 2001 Main Street Mill grant, saying it is being reviewed by the Agency. The Board tabled discussion.

Roger Gendron reported on an informal meeting held earlier today to discuss the beaver dam on the Trahan property. The property owner’s representatives and State officials will discuss the issue further, and report back to the Town.

Dale Guertin read a letter from the Supervisory Union offering names for appointment to the School Board to fill the vacancy of Richard Mercy. The issue was tabled until the full Board is present.

Dale Guertin reported that the Common Level of Appraisal for 2005 is 73.63%, as compared to 78.96% in 2004.

Dale Guertin read a letter from Elaine Reirden thanking the Town for the appropriation to the Senior Meals Program. Elaine said the program provided 5146 home-assisted meals in the past year.

The Board determined that, as a result of the recent increase in Ambulance rates, the Subscription Program will be increased from $35 to $40 per year effective Feb 1, 2005.

Laura Ovitt was directed to send a letter to the School Board, accepting the offer of $20,000 compensation for the Town to plow the school yards in 2005.



Selectboard Meeting Minutes
December 20, 2004
Page 2


Motion made by Roger Gendron, seconded by Eric Collins, to authorize Gary Snider to sign the services agreement with Forcier Aldrich for final design for the phosphorus removal project. The motion carried.
Motion made by Eric Collins, seconded by Roger Gendron, to approve the application for state revolving loan funds for final design for the phosphorus removal project. The motion carried.
Motion made by Roger Gendron, seconded by Eric Collins, to adopt the resolution for phosphorus removal at the wastewater treatment plant. The motion carried.

The Board determined that Northwest Counseling and Support Services will need to submit a petition to be on the warning for an appropriation from the Town. Laura Ovitt will send a letter.

The Board determined to submit a letter of support in favor of Club Respite/St. Albans Town’s application for a community development block grant for a new facility.

The Board discussed the Main Street Bridge project that has been reactivated. Laura Ovitt was directed to contact with Bert Moffatt about the sinkhole under Route 139, about 100’ south of the bridge.

Roger Gendron reported that John Nutting started work with the highway department today.

Eric Collins reported that a letter is expected from the insurance company’s boiler inspector regarding the radiant heating system that has been connected to the Town Hall boiler.

The Board discussed the parking issues existing at the Post Office building.

Eric Collins reported that Main Street Mill has let a contract for the clean-up of Building #3, and that the Town installed the drainage at the site.

The Board determined to meet on January 3, 5, 10, 12, 17 (6:30 PM Public Hearing for proposed zoning bylaws, followed by regular meeting), 24, and 26 as needed to prepare the budget and warning. Reports from each department will be needed as soon as possible.

The meeting adjourned at 8:00 PM.



Laura Ovitt
Administrative Assistant





DECEMBER 6, 2004

Chairman Dale Guertin called the regular meeting to order at 8:00 PM, with members Eric Collins, Roger Gendron, Margaret Larivee and Larry Stephens present. Also present were Clerk Gary Snider, Laura Ovitt, and Naomi Hatch from USDA Rural Development.

Naomi presented information about the USDA-RD Community Facilities Grant and Loan programs, saying Richford is eligible for funding for 55% of a project, up to $50,000. She said the current priority is first responders. Applications are being accepted through January 14. She will email an application form. Naomi left at 8:20 PM.

Motion made by Roger Gendron, seconded by Larry Stephens, to approve the minutes of the November 15 regular meeting as presented. The motion carried.

Dale Guertin read a letter from the Ambulance Service managers, requesting increases in rates to be effective January 1, 2005 as follows:
Basic Life Support: Roll-out $350.00, Mileage $12.00
Advanced Life Support: Roll-out $500.00, Mileage $12.00
Motion made by Eric Collins, seconded by Margaret Larivee, to approve the rate increase recommendations. The motion carried.

Dale Guertin read a request from the Beautification committee that their appropriation of $2,000 be included in the general fund budget. This will be addressed during budget preparation.

Roger Gendron discussed the need for a full-time public works employee.

Roger reported the Water Project is well underway, and the pipe has been installed under the river.

Laura Ovitt reported there will be an informal pre-hearing on the beaver dam on Pattee Road on Monday, December 20 at 10:30 AM at the Town Hall.

Eric Collins reminded the Board of the December 9 meeting on the proposed regional sheriff contract at the Emergency Services Building at 7:00 PM. Area Senators and Representatives are scheduled to attend.

Eric reported a final notice has been sent to persons who have delinquent parking tickets. He discussed the need for towing service. Margaret Larivee will contact Larry Carr.

The Board discussed the Willow Street property that has been, in recent years, leased to Skyline Auto. The Board determined that the Town needs this property and to not renew the lease, and to send a letter asking that vehicles be removed from the property.

Selectboard Meeting Minutes
December 6, 2004
Page 2

Laura Ovitt and Gary Snider gave an update on discussions with the Border Patrol regarding their lease at the Post Office building.

John Nutting joined the meeting at 8:30 PM. Dale Guertin explained the Board is offering him a full time job, to begin as soon as possible. Wages and benefits were discussed. John accepted the job, saying he will plan to start on December 20. John left the meeting.

Laura Ovitt reported the environmental review for the Town Hall grant had originally been completed as an exempt project, but needed to be a categorically excluded project. Motion made by Roger Gendron, seconded by Margaret Larivee, to authorize Dale Guertin to execute the required documents. The motion carried.

Laura Ovitt presented a letter that requests a three-month extension on the Main Street Mill Grant Agreement. Motion made by Roger Gendron, seconded by Margaret Larivee, to request the extension. The motion carried.

Gary Snider presented a letter to the Agency of Transportation requesting that the Wightman Hill replacement bridge be put on Improved Project Status. Motion made by Margaret Larivee, seconded by Larry Stephens, to execute the letter. The motion carried.

The motion adjourned at 9:15 PM.

Laura Ovitt
Administrative Assistant


SELECTBOARD PUBLIC HEARING
RICHFORD, VERMONT

PROPOSED ZONING BYLAW AMENDMENTS
DECEMBER 6, 2004


Selectboard Chairman Dale Guertin called the public hearing to order at 6:30 PM, with members Roger Gendron, Eric Collins, Margaret Larivee and Larry Stephens present. Also present were Gary Snider, Town Clerk; Laura Ovitt, staff; Tim Beaucage, Regional Planning; Albert Perry and Marion Paul, Planning Commission members; Allen McMurphy, Brandi Sickles, Debbie Hebert, Pam Montgomery, Joe Pollender, Yvonne Combs and Tammy Ryea.

The Board reviewed changes made to the amendments after the October Planning Commission public hearing, and noted several clerical errors in the document. Several sections of the proposed bylaws were reviewed in depth, as follows:

4.4 – Commercial/Light Industrial District
Laura Ovitt recommended, and the Selectboard agreed to, adding language as a footnote: “Development in the Richford Business Park is subject to the Declaration of Restrictions (Book 59, Pages 278-282), the Amendment to the Declaration of Restriction (Book 59, Pages 451-453 and Book 71, Page 9), and Land Use Permit #6F0380 (Book 59, Pages 470-473) and amendments.” The rational was members of the Planning Commission and/or Zoning Board and/or the Zoning Administrator might not be aware that deeds to property in the Business Park have restrictive covenants placed on them.

4.6 – Agricultural District
Noted that Home Occupations had been changed from a conditional use to a permitted use after the Planning Commission hearing. The Selectboard determined this should remain a conditional use because the dwelling that the home occupation would be located in is subject to conditional use approval.

4.9 – Water Supply Protection District
Noted that current bylaws include Forestry-selective cutting as a permitted use and Forestry-clear cutting as a conditional use. These uses are not included in the proposed amendments. The Selectboard determined that forestry should be included in this district as stated in the current bylaws.

5.1.1 – Zoning Permit Application
Proposed language states “An application shall not be deemed received until all applicable materials have been submitted.” The Selectboard determined this statement should include “and fees paid”, as they requested the Zoning Administrator not act on applications until payment was received.

5.1.4 – Expiration of Permit
Noted that language in this section “Active construction does not include site clearing, grading or preparation”, which conflicts with the Definitions for Construction and Development/Land Development. Members of the Planning Commission stated the language in the Definitions is correct, and this sentence will be removed.

5.12.7 – Wireless Communication Facilities, Fees
Proposed language states “…shall be established by the Richford Select Board…”. The Selectboard determined fees should be recommended by the Planning Commission, and adopted by the Selectboard, as is the current practice.

2.2 – Zoning Board of Adjustment
Proposed language states “The Zoning Board of Adjustment shall be appointed by the Selectboard and shall consist of the members of the Planning Commission, as elected in accordance with the Act.” The Selectboard determined they would like to have authority to appoint people other than Planning Commission members. The pros and cons were discussed. The Selectboard asked, as a compromise, that the following language be used: “The Zoning Board of Adjustment shall be appointed by the Selectboard, and shall include members of the Planning Commission.”

Tammy Ryea questioned whether the bylaws governed the number of unregistered vehicles allowed on a private property. Section 6.14.1 – Open Storage in Residential Districts addresses this concern. Also, State Statute determines that 4 or more unregistered vehicles constitute a junkyard, which must have a state permit.

Yvonne Combs questioned whether the proposed bylaws restricted trailers in certain areas. Tim Beaucage explained that there is a very specific process that must be followed if trailers are to be restricted.

Joe Pollender asked how deep the rural residential district is on the South Richford Road. Albert Perry responded that the Planning Commission needs to revisit the map, saying he believed the intent was to have a deeper district and to treat the South Richford Road – up to the four corners – the same as McAllister Road. The Planning Commission will meet on Dec. 13.

Tim Beaucage discussed the adoption process. He said changes made as a result of this hearing would require another hearing. Th3e Selectboard will warn their next hearing for Monday, January 17 at 6:30 PM.

Allen McMurphy spoke on behalf of the Listers, stating their concern about the definition of Substantial Improvement exempting structures under 300 square feet. He suggested limiting the exemption to 50 SF in the village and 100 SF in the town. Laura Ovitt added that, in her opinion, all improvements should be subject to a permit because some properties have very little land, and some districts have other restrictions that would prohibit construction.

There were no further questions or comments. The hearing adjourned at 8:00 PM.

Laura Ovitt
Administrative Assistant



NOVEMBER 15, 2004

Chairman Dale Guertin called the regular meeting to order at 7:00 PM, with members Eric Collins, Roger Gendron, Margaret Larivee and Larry Stephens present. Also present were Clerk Gary Snider, Mary Robinson, and Yvonne Combs.

Yvonne Combs asked the Board to offer a choice for police protection on the March ballot. Dale Guertin spoke about the work that has gone into the study for a regional contract. Discussion ensued about the difference between area-wide coverage vs. a local police department.
Motion made by Roger Gendron, seconded by Larry Stephens, to warn only for the regional police contract for March meeting. The motion carried.
A letter will be sent to Yvonne thank her for her interest and informing her of the decision.

Motion made by Roger Gendron, seconded by Margaret Larivee, to approve the minutes of the November 1 regular meeting as distributed. The motion carried.

The Board was reminded of the public hearing for the revision to the Zoning Bylaws being held on December 6 at 6:30 PM at the Town Hall.

The Board discussed issues raised at the Nov. 1 meeting by the Beautification/Image Committee regarding the Main Street Park. The Board determined that, because work will be needed in the Park next year, the practice of continuing to dump snow there will continue.

The Board revisited their decision to inform the School Board that the Town would not plow school parking lots after this winter. The School Board has asked the town to continue, and will increase their budget from $2,500 per building to $10,000 each. The issue was discussed, and will be revisited during budgeting.

The Board was reminded of the Regional Police meeting being held December 9.

Work on the water line replacement project has begun.

Motion made by Eric Collins, seconded by Margaret Larivee, to borrow from Banknorth for the Water Project bond. The motion carried.

The meeting adjourned at 8:00 PM.
 

NOVEMBER 1, 2004

Acting Chair Margaret Larivee called the regular meeting to order 7:00 PM , with members Eric Collins , Roger Gendron and Larry Stephens present.  Also present were Clerk Gary Snider, Laura Ovitt , Brandy Sickles, Yvonne Combs and Robert Simmons.

Yvonne Combs discussed the petition submitted by the Quality of Life committee, asking that an article for a local police department be warned on the March ballot. She said the Secretary of State has advised that this cannot be done by petition, and the committee is requesting the Board to offer a choice between regional coverage and a local department. The Board told Yvonne that they would need financial information for such an article.

Larry Stephens said that the three towns discussing regional coverage have devoted many hours and a lot of research to the proposal, and he feels that offering a choice would be unfair. All three towns must approve the article or the proposal will be void.

The Board discussed details of the regional proposal with the visitors. The Board will discuss the request at the Nov. 15 meeting.

Roger Gendron reported the school has requested permission to use the quonset hut to park a bus. The school will install electricity and a new overhead door. Motion made by Eric Collins , seconded by Larry Stephens, to approve the request. The motion carried.

Roger Gendron discussed the need to advertise for a highway employee, at least for the winter months.

Eric Collins reported on the Tri-Town Regional Police meeting held Oct. 27. The Lamoille County Sheriff and the Johnson Selectboard Chair attended, and reported on their tri-town contract that has been in place since 1973. The next local tri-town meeting will be Nov 10 at the Richford Town Hall at 7:00 PM . The public is invited to attend.

Eric reported that on cabbage night two uniformed sheriffs and two plain-clothes sheriffs were on duty. He said there were few incidents.

Eric advised that salt is not to be used on the steps at the Town Hall or the Post Office this winter because of the high cost of repairing the damage done by the salt.

Eric discussed suggestions for providing the parking area needed by the Boarder patrol.

Eric requested that the Public Works department be authorized to install drainage for the Main Street Mill project, which will reimburse the Town for the work.  Permission was granted.

Motion made by Roger Gendron, seconded by Eric Collins , to approve an application for a beer license for Montgomery Lodging, Inc., dba Grey Gables Mansion .  The motion carried.

Gary Snider reported on repairs needed for the Town Hall chair lift. He has asked Weber Accessibility for a maintenance agreement for the lifts at all of the Town’s buildings.

Gary Snider advised the Board of the Franklin County Industrial Development Corp. annual luncheon being held at the Abbey on Nov. 12, and the Northwest Regional Planning Commission annual dinner in St. Albans on Dec. 2.

The Board discussed strategic placement of boulders to curb ATV use on public lands.

The Board discussed the proposed revision of the zoning bylaws.  The Board will warn its public hearing on the proposal for December 6 at 6:30 PM at the Town Hall.

Laura Ovitt advised that the amendment to the Main Street Mill grant agreement, approved Oct. 18, is incorrect as it states the grant is for the City of Rutland . This has been corrected. Motion made by Roger Gendron, seconded by Eric Collins , to authorize Margaret Larivee to initial and date the correction. The motion carried.

Laura Ovitt presented the environmental review documents for the Town Hall Access Modification grant. Motion made by Roger Gendron, seconded by Eric Collins , to authorize Margaret Larivee to execute the documents. The motion carried.

Laura Ovitt presented the Municipal Policies and Codes, and the Designation of Depository for the Town Hall Access Modification grant. Motion made by Roger Gendron, seconded by Eric Collins , to authorize Margaret Larivee to execute the documents. The motion carried.

Laura Ovitt presented the Authorized Signatures for Requisition form for the Town Hall Access Modification grant. Motion made by Roger Gendron, seconded by Larry Stephens, to name Eric Collins and Margaret Larivee as authorized signers, and to authorize Margaret Larivee to execute the document.  The motion carried.

Motion made by Eric Collins , seconded by Roger Gendron, to approve the minutes of the October 18 and October 28 meetings as presented. The motion carried.

The meeting adjourned at 8:20 PM .

Laura Ovitt

Administrative Assistant

OCTOBER 28, 2004


Chairman Dale Guertin called the special meeting to order at 4:07 PM, with members Eric Collins, Roger Gendron, Margaret Larivee and Larry Stephens present. Also present were Clerk Gary Snider, Laura Ovitt, and Gary Royea.

Dale advised Gary Royea that he had been required to attend this meeting, as the other public works employees had been required to attend meetings, to be informed of the change in the job description that requires all public works employees to become certified operators for the water treatment and wastewater treatment plants. Gary was advised that failure to pass either of the certification tests would result in dismissal. He will receive a pay increase of $1.00 per hour for each certification.
Gary discussed how employees were paid for work on municipal water and/or sewer, saying that most of the time got paid through the highway budget rather than the water/sewer budgets. He said the users of the systems should be paying for the time, not Town taxpayers. Gary Snider explained that the computer software requires all overtime to be charged to one account; and, as most overtime is due to plowing, the highway account was designated for overtime. Gary Snider further explained that water/sewer work needs to be so designated on the timesheet he receives from the foreman. The Board said this would be discussed with the foreman. Gary Royea left at 4:24.

Laura told the Board that Steve Combs is scheduled to take the water certification test very soon, and that he had asked whether this testing would count as one of his three attempts because he received the books only last week. The Board determined that, because Steve had been informed that he would be required to test and because he has been certified in the past, this test will count as one of the three attempts.

The Board discussed an incident involving Dennis Kent that occurred on October 25, and the action taken by the foreman.
Motion made by Roger Gendron, seconded by Margaret Larivee, that the actions taken by Garry Shover on October 25, 2004 effectively dismissed Dennis from his employment, and that the Board would uphold that action. Dennis will be informed by letter of this decision, and a copy of the letter will be placed in his personnel file indicating that he was dismissed from employment for misconduct. The motion carried unanimously.

The Board discussed staffing needs and options for the Public Works department. They determined that a letter will be sent to the School Directors advising them that they will need to include funds for contracted snow removal at the schools in their 2005-2006 budget.

The meeting adjourned at 4:55 PM.

Laura Ovitt
Administrative Assistant


SELECTBOARD MEETING
RICHFORD, VERMONT

OCTOBER 18, 2004


Chairman Dale Guertin called the regular meeting to order at 7:00 PM, with members Eric Collins, Roger Gendron, Margaret Larivee and Larry Stephens present. Also present were Clerk Gary Snider, Laura Ovitt, Mary Robinson, Doug Billado, Kelly Lawyer, Jean Clark, Colby Clark, Hunter Clark, Kyle Lawyer, and Stephen Stryker.

Doug Billado discussed the increase in the trash collection cost of ten cents per bag, saying he had no problem with the increase. He objected to being billed for the two extra stickers that were sent to each household because there are 14 Fridays in the quarter. He said he has more stickers than he needs and will not pay for the extra. He added that not all customers were treated the same, and gave examples. The Board said they would look into the situation.

Doug discussed the 4-way stop at the intersection of Main, River and Town Streets. The Board said they need to prepare and post the ordinance for the change to become effective.

Colby Clark spoke for the young men present at the meeting about having a place to skateboard and roller-blade. He said they would like a public, fenced in area developed for such activity. The Board said they will need information on a design and the cost, and will need to check on liability issues. Dale Guertin asked the boys to do some research and report back to the Board in December. Jean Clark and Kelly Lawyer suggested that individuals could help raise the money needed to build the facility.

Doug Billado discussed opening secondary roads for ATV use. The Board advised they have looked into that possibility and have decided not to open any town-owned property for ATVs.

Motion made by Margaret Larivee, seconded by Roger Gendron, to approve the October 4 minutes as corrected. The motion carried.

Dale Guertin read a letter from the Department of Taxes that stated the Town’s detailed compliance report has been accepted, and the Town is now in compliance with the State’s reappraisal order.

The amendment to the VCDP Grant Agreement for the Main Street Mill, extending the grant period through Dec. 31, 2004, was reviewed. Motion made by Margaret Larivee, seconded by Larry Stephens, to authorize Dale Guertin to execute the amendment. The motion carried.

The Board received a report from the Richford Firefighters Association regarding money collected for water delivered during 2004.

The Board reviewed the proposed amendment to the Zoning Bylaws that would merge the Town and Village bylaws. The Planning Commission’s public hearing will be October 25 at 7:00 PM at the Town Hall. 

Dale Guertin reported the Town has applied for FEMA funds that would reimburse some of the expenses incurred during flooding in August. The Board discussed arrangements for plowing the temporary bridge installed on Wightman Hill as a result of the flooding.

The Board reviewed a letter from the Beautification Committee that included recommendations for improving the image of the Main Street Park.

The Board reviewed changes to the Driver/Skilled Laborer Public Works job description.

Eric Collins reported on meeting with Historic Preservation consultant Jack Anderson, who will complete the required report for handicap access modifications at the Town Hall.

Eric reported on repairs to the steps at the Town Hall and Post Office buildings. He said no salt will be used on the steps at these buildings in the future.

Eric reported on the meeting he and Laura Ovitt had with Gary Viens, Assistant Director for Border Patrol, regarding the need for more space at the Post Office Building. He said there is plenty of space inside; the issue is parking. Eric is working on a proposal as discussed at that meeting.

Eric reported the next regional policing meeting will be held Wednesday, October 27 in Montgomery. The Lamoille County Sheriff – who already has a three-town contract – will attend the meeting. The committee has drafted a contract, and has developed an informational sheet that will be distributed in the spring.

The board discussed the need to increase water rates to pay for the bond approved for repairs to the water line crossing in the Missisquoi River. The required increase will be the first in 12 years. Motion made by Eric Collins, seconded by Roger Gendron, to increase the base-billing by $36.00 per year. The motion carried.

Motion made by Margaret Larivee, seconded by Larry Stephens, to enter executive session at 8:15 PM to discuss personnel. The motion carried. Mary Robinson and Doug Billado left.

Motion made by Margaret Larivee, seconded by Roger Gendron, to leave executive session at 8:35 PM. The motion carried. No action was taken as a result of executive session.

The Board determined that Ken Brown will need to be sent trash stickers and billed for trash collection.

The meeting adjourned at 8:37 PM.


Laura Ovitt

OCTOBER 4, 2004
CORRECTED

Chairman Dale Guertin called the regular meeting to order at 7:00 PM, with members Eric Collins, Roger Gendron, Margaret Larivee and Larry Stephens present. Also present were Clerk Gary Snider, Laura Ovitt, Lindsey Mayhew, Amber Mayhew, Teresa Bolt, Mitchell Martin, Melissa Loiselle, and Virginia Gaudette.

Amber and Lindsey Mayhew advised the Board that they have agreed to oversee the Hometown Harvest festivities. They asked whether town funds would be available next year. The Board asked that they work with Paulette Legault to determine what they might need, and to contact Gary Snider in December so the Board will have information when the new budget is prepared.
Amber and Lindsey left the meeting.

Teresa Bolt and Mitchell Martin requested permission to place a cross made for Jeremy Ryea at the site of the accident. The Board asked Laura Ovitt to contact Tom Michel to ask his permission, and then contact Jennifer Martin. Teresa and Mitchell left the meeting.

Virginia Gaudette and Melissa Loiselle requested permission to use a dumpster at a farm they are leasing on East Richford Slide Road and to not be billed for trash collection at their Troy Street residence. They referred to a friend of theirs who had been given similar permission. The ladies were advised that the friend in question was allowed to use a dumpster after the outstanding bill was cleared because he owned both the farm and his home on Troy Street. He has now sold the farm, and will now be billed for trash collection. The Board said that because the ladies do not own either property, they will continue to be billed for trash collection. Virginia and Melissa left the meeting.

Motion made by Eric Collins, seconded by Larry Stephens, to enter executive session at 7:25 PM to discuss personnel. The motion carried.
Motion made by Roger Gendron, seconded by Larry Stephens, to leave executive session at 7:36 PM. The motion carried. No action was taken as a result of executive session.

James Guilmette joined the meeting at 7:36 PM at the request of the Board. Jim was advised that the job description for public works employees has been amended to include certification for the water and wastewater systems. Each employee will receive a $1.00 per hour increase upon certification. Each employee will be given three tries to pass each test. If the employee does not pass a test after the third attempt, it will result in dismissal. Jim said that he understood and would take the training.
Jim advised that he is scheduled to have knee replacement surgery in April 2005, and asked that he be allowed to carry-over unused leave time so he will have a more steady income during his recovery. Motion made by Larry Stephens, seconded by Margaret Larivee, that Jim be allowed to use unused current year leave time during his recovery from surgery, but if the days were not used then they would be lost. The motion carried. Jim left the meeting.
Selectboard Meeting Minutes
October 4, 2004
Page 2

CORRECTED
Matthew Irons joined the meeting at 7:40 PM at the request of the Board. Matthew was advised of the amendment to the Public Works job description, with the same explanation of requirements, benefits and penalties as the discussion with Jim Guilmette. Matthew said he understood and would take the training.
The Board discussed an incident on September 27 when Matthew had left work without advising the foreman. Matthew said he had asked the other workers to explain that something had come up and he had to go to St. Albans. He said he wrote a full-day on his time card because he had leave time available.
Dale Guertin advised Matthew that he had discussed Matthew’s complaint with Garry Shover. He said Garry had denied making racial comments, and had said that ‘everyone laughed about welfare’. Dale said Garry had been advised that such comments were inappropriate and should not be said. Matthew left the meeting.

Dennis Kent joined the meeting at 7:45 PM at the request of the Board. Dennis was advised about the amendment to the Public Works job description, with the same explanation of requirements, benefits and penalties as the discussion with Jim and Matthew. Dennis said he understood and would take the training. Dennis left the meeting.

Gary Royea had been asked to attend this meeting, but did not.

Marcia Perry joined the meeting at this time. She discussed the rising maintenance expense for Ambulance #2, and requested permission to begin researching a replacement rig. Permission was granted.

Dale Guertin read a letter from REAC regarding programs available through Yellow Wood Associates that might be of interest to the Town. Laura Ovitt was asked to bring information back to the Board after the REAC meeting.

Margaret Larivee reported on the site inspection of the Gaudette farm on East Richford Slide Road. She said the Health Officer and Assistant, the Deputy Sheriff and the Humane Society officer had gone to the site with her. She said Ms. Gaudette was present and cooperative. Margaret said no animals were running loose, and that water and food were available to the animals. The Humane Society officer agreed to send Ms. Gaudette a letter, with a copy sent to the Board. Margaret said the group also visited the Troy Street residence and found no evidence of animal abuse. She said Ms. Gaudette was asked to move three pigs from Troy Street to the farm, and agreed to do so.

CORRECTED

Gary Snider reported he received a petition from the Quality of Life committee on September 27 that stated “On the upcoming March 2005 ballot, we want the Citizens of Richford to be able to vote on a Richford Town Police Department as recommended by the 2003 Law Enforcement Investigation Committee. Gary distributed an email received from Secretary of State Deb Markowitz, which said the petition is not specific enough so there is nothing for the Selectboard to warn. She said the petitioners must “articulate a specific article to be voted on – with a yes/no question in it.”

Motion made by Roger Gendron, seconded by Margaret Larivee, to approve the minutes of the September 20 regular meeting as distributed. The motion carried.

Garry Shover joined the meeting at 8:24 PM via speaker phone. Dale Guertin discussed the complaint filed by Matthew Irons, and advised Garry that such comments were inappropriate.
Dale advised Garry of the discussions with the three public works employees, and that Gary Royea had not attended the meeting. Dale advised Garry of Matthew Irons explanation for leaving on Sept. 27. Dale said a letter will be included with the employee’s checks detailing the change in the job description, and advising that should anyone need to leave for an emergency without telling Garry, they should contact the Town Hall. 

Margaret Larivee reported the next meeting for the Regional Law Enforcement proposal will be October 13 at the old Grange building in Montgomery. She said informational pamphlets are being prepared.

Eric Collins reported that, as a follow up to a request made by Tammy Ryea at the 9/20 meeting, a number of police departments had been sent a survey requesting information that would help to compare costs for a private department and a regional contract for law enforcement. Some responses have been received.

Eric reported that he and Laura Ovitt will meet with the Border Patrol on Oct. 7 to discuss the possibility of expanding their office in Richford.

Eric reported that Joe Broe is repairing the steps at the Town Hall and the Post Office, and will repair a sandstone block along part of the building’s south facing facsia.

Laura Ovitt reported a Letter of Agreement has been received from Jack Anderson of Heritage Link to conduct the Section 106 Historic Preservation Review of the accessibility modifications planned for the Town Hall, as required by the VCDP Grant Agreement. Motion made by Roger Gendron, seconded by Margaret Larivee, to accept the Letter of Agreement and to authorize Eric Collins to execute same on behalf of the Board. The motion carried.

CORRECTED

Larry Stephens reported that two trees have been taken down at the Troy Street cemetery.

Roger Gendron discussed work that would need to be done to develop Elm Street Extension and/or Dewey Street Extension as laid-out streets.

Roger reported that the highway crew has finished drawing sand for winter.

Roger will remind Garry Shover to install the speed bumps at the Elementary School.

A request from Richford Success by Six for use of the meeting room at the Emergency Services Building for a play group one day each week was reviewed. The Board declined permission, citing concerns for the safety of the very young children.

Gary Snider discussed the budget breakdown for replacing the water line across the river. He said that, although the Board was told the bid for the work was within budget, the bid is actually higher than the budget. Gary will try to get more information about available options for the next meeting.

The meeting adjourned at 9:15 PM.

Laura Ovitt
Administrative Assistant



SEPTEMBER 20, 2004

Chairman Dale Guertin called the regular meeting to order at 7:00 PM with members Eric Collins, Roger Gendron, Margaret Larivee and Larry Stephens present. Also present were Laura Ovitt, Raymond Bartels, David McWilliams (Franklin County Humane Society), Connie Burns, Matthew Irons, Paulette Legault, Dennis Kent, Mary Robinson, Matthew Wills and Tammy Ryea.

Paulette Legault advised the Board that, after 10 years, this would be the last Hometown Harvest that she will oversee. She thanked the Board for their support and offered to continue to help. The Board expressed their appreciation to Paulette for her work. Paulette left the meeting.

Raymond Bartels spoke about problems he is having with a tenant at his East Richford Slide property. The tenant leases the barn on the property and keeps animals there. There are aggressive bulls that get out every day. He said he is working with his attorney to evict the tenant. Mr. McWilliams said the problem started in June, and he visited the property on Sept. 12. The biggest complaint is the bulls running loose, but there is a potential health problem as well because the animals are being fed garbage and that has been strewn about the property. He said animal abuse is not visible from outside the barn.
The Board determined that Margaret Larivee will contact the Health Officer and the Sheriff to investigate the issue. Laura was directed to send a letter to the tenant citing State Statute, and advising the property must be cleaned up. Mr. Bartels and Mr. McWilliams left the meeting.

Connie Burns said she owns four houses and requested permission to have a common dumpster for trash removal. The Board said it is their policy that owners of commercial property can have a dumpster for that property and their personal residence. The two rental properties would need to have trash stickers provided.

Matthew Wills asked the Board about the requirements and the procedure for submitting a petition asking the Selectboard to take action. He was advised to check with Gary Snider, who oversees elections. Mr. Wills left the meeting.

Tammy Ryea asked whether the Board was looking into any law enforcement options other than the regional police contract. The Board said the local department had been rejected by voters last year, and they have focused on the regional concept since. Eric Collins explained the regional proposal, discussed efforts being made to inform the public about the proposal, and discussed the unknown and undeterminable costs that would be associated with a local department. Ms. Ryea left the meeting.

Motion made by Eric Collins, seconded by Margaret Larivee, to enter executive session at 8:15 PM to discuss personnel. The visitors left the meeting.

Motion made by Roger Gendron, seconded by Larry Stephens, to leave executive at 8:22 PM. No action was taken as a result of executive session. Connie Burns, Matthew Irons, Mary Robinson and Dennis Kent rejoined the meeting. Stephen Combs arrived at this time.

Dale Guertin explained that the Board needs employees certified to operate the water and sewer plants, and that certification is being made part of the job description. He noted that Steve had previously been certified for the water plant. He said they are meeting with current employees alphabetically ask each to become certified. Employees not willing to become certified will be dismissed. Steve said he will go for the training. He asked whether he would be able to recertify for the water plant, or would need to start over. Garry Shover will be asked to check. Dale also advised Steve that public works employees will be expected to work together and do as instructed. Refusal to do so will result in dismissal. Dale said the remaining employees will be asked to attend the next meeting. Laura was told to send letters to the employees.

The minutes of the September 7 regular meeting were approved as distributed.

Dale read a letter from REAC President L. Jane Greenwood regarding the Revolving Loan Fund mortgage on the Wheeler Block. The letter asked the Board to continue to defer payment on the mortgage until the building is sold, at which time a lump sum payment of principal and interest would be made. The letter stated that the same request has been made of Richard Gadbois, who also holds a mortgage. Motion made by Eric Collins, seconded by Margaret Larivee, to defer payment on the loan until the building is sold. The motion carried.

Dale Guertin discussed correspondence sent to and received from Attorney Larry Bruce about the Griffin House group home. The Board had asked Mr. Bruce whether individuals could seek an injunction to prevent the home from opening. Mr. Bruce advised that he believed Donald and Connie Burns have complied with the requirements of the Statute, and persons wishing to challenge the decision of the Zoning Administrator should seek legal counsel. He said he would not be in a position to represent such persons. Mr. Bruce also submitted his statement for $750.00.

Dale read an email received from the president of the North Country ATV Association, asking to meet with the Selectboard about using some of Richford’s roads to gain access to surrounding towns. Laura was advised to reply, stating when meetings are held and that the Board had determined the town is not responsible enough to allow ATV use of roads.

Dale read minutes from the Sept. 13 Planning Commission meeting, which state that Board wants a contract for the Zoning Administrator. Laura was directed to contact the Chair asking for clarification.

Eric Collins discussed a draft information sheet regarding the regional law enforcement proposal, and discussed the desired role of the commission that would oversee the contract.

Dale Guertin advised that ECI was the only bidder for the river crossing water project, and that their bid was within the budget. Motion made by Eric Collins, seconded by Margaret Larivee, to authorize Dale to execute the agreement as long as ECI meets insurance requirements. The motion carried.

Dale Guertin read a request from Joseph Larose to name the street accessing the new homes he has built “Digger’s Lane”. Laura was directed to send a letter to Mr. Larose advising that this is now a private road and not under Town control, and that these properties have already been coded as Hamilton Place Extension.

Motion made by Roger Gendron, seconded by Margaret Larivee, to approve the amendment increasing the amount of VT/EPA Wastewater State Revolving Loan by $3,000 to pay for bench scale testing by Northeast Watertech Services. The motion carried. Dale read a letter outlining services to be performed by NWS.

Dale advised that Pam Montgomery of Grey Gables will not be able to have a liquor license because she is not a Vermont resident. Motion made by Margaret Larivee, seconded by Roger Gendron, to refund Pam’s $100 fee. The motion carried.

Dale read a letter from John Libby and Debbie Hebert regarding issues with the tenants at the Goff property on Main Street. The letter cited issues with parking. The Board determined to draft an ordinance restricting parking on Main Street from 10 PM to 8 AM. Laura was advised to respond to the letter with this information, and to let the writers know that the Goff’s are in the process of evicting the tenants.

Dale advised the Board that Matthew Irons has filed a written complaint regarding Garry Shover. Garry will be asked to attend the next meeting.

Larry Stephens advised that Limb Walker Tree Service will be taking down trees in the Troy Street Cemetery this week.

Eric Collins advised that the Health Center has signed a purchase and sales agreement with Richford Main Street Mill Development for part of the second floor space. He discussed efforts to market the remainder of the space. The Board discussed public parking to be provided at the site.

The meeting adjourned at 9:34 PM.

Laura Ovitt
Administrative Assistant

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SEPTEMBER 7, 2004

Chairman Dale Guertin called the delayed regular meeting to order at 7:00 PM with members Eric Collins, Roger Gendron, Margaret Larivee and Larry Stephens present. Also present were Clerk Gary Snider, Laura Ovitt, Garry Shover, Mary Robinson and Quality of Life Team members Joanne Daigneault, O.J. Lillo, Yvonne Combs, Nancy Comings, Millicent Percy, Neal Lovelette, Jackie Meunier, Reba Ryea, David Ryea, Matthew Wills, Helen Thompson, Harold Thompson, Liz Howarth and Debbie Hebert.

The Quality of Life Team discussed the permit issued by Zoning Administrator Darlene Marrier to Donald and Connie Burns for a group youth home at 243 South Main Street. Dale Guertin asked Laura Ovitt to explain the circumstances. Laura reported that on August 26 Attorney Larry Bruce faxed a copy of the State license for the group home to Darlene. Darlene spoke with Mr. Bruce on the phone and asked whether the license met the conditions of 24 V.S.A. 4409(d) to qualify as a “permitted single-family residential use of property”. Mr. Bruce returned Darlene’s call, saying that if no other such licensed facility was located within 1000 feet of the site, the conditions of the Statute appear to have been met and she must approve the permit application. Darlene approved and posted the permit on September 1. Team members asked whether the Selectboard or Zoning Board could prevent the home from opening and were told that would not be possible. The Team was told that if they had concerns or complaints they should contact the licensing agency. The Team requested that the Selectboard ask Mr. Bruce if individuals could get an injunction to prevent the opening of the home. Dale asked Laura to contact Mr. Bruce with the question; Laura asked who would be responsible for the expenses incurred. Laura was asked to get a copy of the State license from Darlene. The Team members left at 7:18 PM.

Garry Shover reported that State Transportation and FEMA officials were in Town on September 2 to view the damage from the recent heavy rains. FEMA estimates the repairs will cost about $162,000. Garry said a temporary bridge will hopefully be installed on Wightman Hill tomorrow. The Town will need to pay the state for the installation of the bridge and will pay $50 per month for rental of the bridge. Garry is seeking proposals for replacement of the bridge with a galvanized arched culvert, which is the least expensive means of repair.
Garry reported that the State Transportation Board is handling the beaver dam issue on the Trahan property.

Motion made by Roger Gendron, seconded by Margaret Larivee, to enter executive session at 7:34 PM to discuss personnel. The motion carried. Gary Snider and Mary Robinson left the meeting.
Motion made by Roger Gendron, seconded by Margaret Larivee, to leave executive session at 8:10 PM. The motion carried. Action was taken as discussed in executive session.

Motion made by Margaret Larivee, seconded by Eric Collins, to approve the minutes of the August 16 regular meeting as distributed. The motion carried.

Motion made by Eric Collins, seconded by Margaret Larivee, as follows:
On behalf of the Regional Policing of the Burg’s, Montgomery, and Richford: Shall the Richford Selectboard adopt and sign the following resolution in support of the regional police effort of these aforementioned communities, and furthermore agree to present an article at our next annual town election in March requesting a vote on same.
Eric read the following Resolution:
Selectboard RESOLUTION to Support
A Full-time Shared Regional Inter Municipal Law Enforcement Contract
with up to three other Towns

Whereas we recognize that any law enforcement agency service short of providing seven days a week, twenty-four hours day coverage, will only further negate the various issues of the current law enforcement arrangement.
Whereas the number of vacancies for available qualified candidates for law enforcement positions in Vermont is several dozen; and nationwide is at an all time low.
Whereas ALL law enforcement officers in Vermont are required to complete their training and/or certification to the full satisfaction of the Vermont Judiciary Training Council yearly.
Whereas any law enforcement officer has an equal opportunity to not fulfill his job duties to the expectations of the taxpayer.
Whereas the State of Vermont has made it clear that communities should develop alternatives for coverage from Vermont State Police troopers as there is neither the candidates, the capital, nor the authorization to provide enough state funding to fulfill this need.
Whereas the State of Vermont has stated some of its VSP duties will realign to meet the new and expanding needs of Homeland Security.
Whereas there are no current federal funding programs to establish new departments.
Whereas none of our represented communities have their own licensed frequencies to support law enforcement communications and would otherwise have to contract said services from an existing entity; using an existing law enforcement agency in a single shared approach makes logistic sense lessening duplication of effort; time saved can save lives.
Whereas an inter municipal shared contract with the Franklin County Sheriff’s Office to provide round-the-clock law enforcement patrols; would also provide for full-time police dispatch services, one number to call for all non-emergency police related calls, and an opportunity to provide for other emergency service dispatching at no additional cost.
Whereas primary law enforcement response time would be cut to fifteen minutes or less, and shared agency backup would be aware of situations faster, and be able to respond quicker.
Whereas a full-timer inter municipal law enforcement agency would be on call at all hours to assist with interventions as may be required by EMS personnel.
Whereas a single inter municipal law enforcement agency would provide a better opportunity to track and investigate criminal activity across town lines.

Whereas each community could provide a secure office environment, and cover monthly communications connections’ costs to ensure the most coverage possible, while providing for increased productivity, and best use of patrol time.
Whereas 1½ hours of service stand to be gained daily by reporting to a local field office instead of the St. Albans headquarters.
Whereas a sufficient budget is needed to support a full-time law enforcement service that it makes great economic sense for our communities to join together and pay for said service per capita, thus lowering the cost to individual communities.
Whereas our communities have studied the cost of planning, funding, and establishing or reestablishing their own police departments and have found it costs prohibitive for any one town to afford its own full time department.
Whereas our communities which have had local police departments in recent times have either lost federal funding, voted to disband, or voted against the formation of another local department.
Whereas tow of our communities have funded the state COPS program and/or the Franklin County Sheriffs Office with some success for several years for part-time ‘additional’ law enforcement patrols.
Whereas representative Selectpersons and Trustees of Enosburg, Enosburg Falls, Montgomery, and Richford have sat down and studied this situation with citizen input over the past several months resulting in this consideration and recommendation.
Whereas we communities recognize one additional community would further drive costs lower and still provide full time coverage.
Whereas of the existing law enforcement agencies in Franklin County, Enosburg Falls and Richford have a current working relationship with the Franklin County Sheriffs Office; and recognize the economy of the Franklin County Deputy Sheriffs lower pay scale that other agencies in the county.
Whereas we communities recognize a full time agency would have to be effectively managed on behalf of the towns, each participating community would hold equal appointed seats on a police commission board to interact directly with the Sheriff.
Whereas Richford has conducted to voter surveys in the past several years; remarkably in both cases less than 3% of the voters participated; in both cases the same conclusion was drawn: “They want more law enforcement coverage…” AND “They don’t want to pay for it…”
Whereas doing the job right is not an inexpensive proposition and will double the cost Richford pays today; it is inexpensive compared to the costs of providing two other essential services: schools and roads!
Be it resolved, on this 7th day of September, 2004,
We the Selectboard of the Town of Richford, SUPPORT and will place on the ballot of the 2005 General Election, a single article in regards to providing law enforcement service for our registered voters consideration. This article will ask for the approval of a three-year contract between (at least) the Towns of Enosburg, Montgomery, and Richford, with the 

Franklin County Sheriffs Office to share per capita the funding of six officers, one full-time and two part-time dispatchers, 24 hours a day, 7 days a week, inclusive of all police services except animal control and special detail traffic control; not to exceed a total shared yearly cost of $500,352.53 broken out as follows:
Enosburgh’s combined population of 2,811, representing 45.5% of the total, at $227,660.40
Richford’s population of 2,335, representing 37.8% of the total, at $189,133.26, and
Montgomery’s population of 1,034, representing 16.7% of the total, at $83,558.87.

The article’s dollar amount will represent the difference between the proposed 24x7 service above and the general line item for a yearly 56-hour a week contract with the Sheriffs’ Office.

During discussion, Eric explained how the contract amount was determined. He provided a comparison of how much of the current tax bills are spent on law enforcement and the projected increase based on an estimated grand list. Eric explained that each of the three towns would need to vote positively on the article or there would be no contract. Also, should one town decide to pull out after a contract was signed, the contract would become void and the other two towns would be left with the remaining approved funds to renegotiate coverage.
The motion (top of page 2) carried unanimously.

Eric reported that a letter had been sent to the Assistant Supervisor for the Border Patrol asking for an opportunity to discuss the needs of that office for additional space. A meeting will be arranged.

The Board determined to advertise for architect/engineering proposals for design of a parking deck at the Post Office parking lot.

Eric reported that Joe Broe will be doing repair work on the steps at the post office and town hall.

Laura Ovitt explained that an extension of the VCDP grant for the Main Street Mill project is necessary to allow contractors adequate time to complete their work. Motion made by Margaret Larivee, seconded by Larry Stephens, to request an extension of the grant period until December 31, 2004. The motion carried.

Gary Snider reported that the wireless DSL connection between the Town Hall and the Library is not working well. He was directed to arrange for a hard-wired DSL connection.

Laura Ovitt reported that approved minutes are now appearing on the richfordvt.com website. She said Pam Montgomery suggested a notice be sent – perhaps in trash bills – about the website and what can be found there. The Board so agreed.

A ‘thank-you’ was received from the Parade Committee for the Board’s support and participation in the Old Home Days parade.

The meeting adjourned at 9:25 PM.

Laura Ovitt
Administrative Assistant