A Special meeting of the Hardwick Select Board was held on
Members Present Also Present
Richard Brochu Rosie Gillen – Executive Assistant
Marcus Brown Roger Lecours
Kathleen Hemmens Joe Brochu Aaron Cochran Duane Wells
Joe Laporte - Chief
Tom Gardner - Gazette
Charlie Volk
Bill Davies – Town Attorney
Mike Demers
Roger Demers
Steven Meyer- Planning Zoning
George & Debbie Howard
7:02P.M. Minutes for
§
Motion was made by Richard to approve the
minutes for
§ Motion 2nd By Kathleen Hemmens
§ Motion Passed Unanimously
§
Motion made by Richard to accept the minutes of
o To change the date of the meeting from Thursday to Wednesday
§ Motion was 2nd by Shari Cornish
§ Motion passed unanimously
-Motion was made by Richard to accept the agenda as written with the following additions/adjustments:
§ Add under preliminary audit – Approval of Engagement Letter
§ Add under Police Chief report – Establish Select Board Task Force
-
Motion was 2nd by
- Motion passed unanimously.
7:15 P.M. Communications from the Audience
Joe Brochu spoke to the Select Board this evening with regards to Hodgdon’s Field.
Joe asked the board what the curfew was at Hodgdon’s Field. Joe has noticed a big
increase in teenagers hanging out down at the field and watched some kids last week
destroy the sign by kicking and pushing on it until the 4X4 post broke. The sign itself
was not damaged but the posts were broken. Joe was also concerned because PD was
called and it appeared to Joe that there was not much results from the PD.
The TM informed Joe that he felt it would fall under the Town noise ordinance which
quiet time would be after
Joe also asked what type of a process it would be to have the board consider changing
the noise ordinance for Hodgdon field to around duskish? TM told Joe to stop by his
office and the TM would be glad to discuss those options with him. TM also asked Joe
Brochu to consider meeting with the surrounding neighbors as well as the Police Chief
to further discuss their concerns with Hodgdon Field.
Duane Wells also approached the
board to ask if there was going to be any discussion tonight on the
7:35P.M. Police Chief Report
Joe informed the board that he is currently looking to fill one fulltime Certified Police Officer position to be covered for the first three years by the COPS grant that Hardwick PD was awarded earlier in the month. The Cops grants will cover salary and benefits for the first three years and then the Town of Hardwick would be required to keep this position for a fourth year and fund it.
Kathleen asked Joe how much this will cost per year. Joe stated that the new person hired will be based on entry level pay. Who ever gets hired will be paid at entry level rates based on the grant.
Marcus asked since the Town is required to cover the fourth year of the officer hired does that force the department to maintain that level of service. Joe’s response was as part of this federal Cops grants (federal Government) the Town will be required to maintain that position for a fourth year after the grant ends.
- Motion was made by Richard to approve and accept the COPS grant in the amount of $214,256.00.
- Motion was 2nd by Kathleen
- Motion Passed unanimously.
Joe also met recently with the Greensboro Bend Home Owners Association for their annual meeting which they discussed current issues within the surrounding area. Mike Glodgett the most recent new hire for Hardwick PD has taken the lead on the Greensboro Bend area and the issues there.
Marcus asked Joe if there were any
overwhelming concerns with the Greensboro Bend residents. Joe informed the board that they discussed
various issues such as reinstating Dare at Greensboro Elementary, also
discussing the various grants the PD has gotten and how they might impact the
Kathleen asked Joe what the reception has been from the residence regarding the K-9 purchase. Joe stated that he has received a lot of positive response and people seem to be very pleased with the purchase.
Marcus stated that he would like to set up an administrative Task Force which will consist of two board members who would assist Joe and Rob with building improvements and various things also to work with them on key issues surrounding the Police Department. Marcus would like to appoint himself as well as Shari Cornish to serve on this Task force to work with the Police Chief and the Town Manager regarding police issues.
7:45P.M.
Please see attached Town Highway Report by Tom Fadden Road Forman.
7:50P.M. Town Managers Report
Please see attached report.
Marcus stated that the he was impressed with the quality of work and workmanship on
the sidewalk installed by the Village Restaurant.
TM stated that the planter between the building and the sidewalk at the Village Restaurant is a potential hazard, Evan from Dubois & King is going to redraw the west side and eliminate the planter and eliminate the slope and rough it up with a coarse brush to give it better traction. Additionally the TM has asked that a railing be installed on both sides. By making these modifications the State will allow us to amend the agreement to do the additional work.
Marcus asked the TM manager why the above changes were needed and why they were not in the original plans. TM explained that sometimes with plans things work and sometimes they do not. TM did not feel that the sloped area did not turn out as well as
as it could have therefore that is why the changes were added.
Currently there are two 2X4’s placed in a section of the wrought iron fence between the Gazette and the Village Restaurant; the TM explained that those are temporary. Lucien Avery, the blacksmith, removed that section so he could match the remainder of the fence
TM met with Evan at the location
on
Marcus asked the TM how this encroachment issue happened and the TM responded by saying that perhaps incorrect assumptions were made from the start of the project.
TM stated Duane Wells was the owner of record when the original easement was obtained. The Town is still within a foot and ˝ of that easement at this time.
TM informed the board that the
The TM and Road foreman are in discussions with Luckie’s Trailers Sales and Pete’s Repair to seek opinions on our options regarding purchasing a new or used trailer. TM informed the board that at the next meeting he would have estimated figures for a new or used trailer.
TM informed the board that the Road Crew Union has filed for decertification with the Vermont Labor relations board. The Labor Board has sent a request to the TM which has been completed and sent back at this time.
This item was postponed until the
next meeting dated
Please see TM Report for background and recommendations.
Marcus Brown asked the TM if there was a current court proceeding going on at this time? TM explained that both parties are currently involved in court proceedings.
Please See Order attached.
Why
would the Town of
Bill Davies explained the town has not been made a party to this Court proceeding and normally if the court wanted the Town to participate the court can and would have ordered the Town to become a party to the proceeding.
The court has no authority to make any determinations as to the status of the road
or change of status to the road without the Town being brought in as a party.
Mr. Davies understanding is that both sides have sought to request the Select board to initiate proceedings to change the status of the road. Bill recommended to the board that they not do that of their own motion given that there are two sides to the issues, and given that you are going to need to be called upon to find some facts and make some rulings. Given that scenario Bills recommendation is that you not take testimony, do not receive evidence until and unless one of two things happen # 1 the court requires one of the parties to bring the Town in as a party to the court proceeding or # 2 you the select board has received an adequate petition in accordance with the provisions of Title 19 section 708 which basically requires a petition where the number of petitioners is equal to 5% of the voters or the Town. The petitions can be either voters or land owners.
But given the fact that you have two sides you have some contested factual issues and you are going to be probably called up to sit in what Bill calls a quasi juditicial setting and that means that you need to hear both sides and to weigh it independently and to make a determination to what is in the “public good”. That is what is going to be the key throughout these proceedings.
So again Bills recommendation is that you not hear from the parties anything other than procedural issues at this particular time. He also recommends that the board says no to both parties at this time and that you tell them both that the Town will follow the legal proceedings when and if it receives a legal petition signed by the number of qualified people needed for 5% of the voters or land owners.
George Howard stated that Rob told them that when they made their petition that seeing how they owned both sides of the road that they would not need 5% of the voters for their petition. Bill Davies respectfully disagrees with the TM on that issue.
George Howard also asked if this
is a
Mike Demers stated that throughout tonight’s meeting and their prior court proceedings that everyone is in agreeance that this is a public highway pent road. The Demers and other families access that road to get to their properties and Mike asked if there is anything as far as the public’s safety concerning being able to travel a pent road to be able to get to your property where you do not have to put yourself in danger in the middle of animals that could jump all over you?
Bill Davies asked to interrupt and stated that it is very important for the select Board to stay impartial and also stated that this is not the time for the select board to hear reasons for or against the present classification of a pent road.
- Motion was made by Richard to acknowledge that the board has received two requests, but the board has chosen not to act on either one at this time.
- Motion was 2nd Kathleen
- Motion Passed Unanimously
Charlie Volk asked what percentage is 5% of the voters and if there is a time frame for securing the petition? TM stated that Charlie should check with the Town Clerk to get accurate numbers. Bill Davies also stated that they need signatures in the amount of 5% of the voters (which would determine the number of signatures needed) but the signatures can consist of voters and or land owners as well. Bill also concluded that there is not a time frame for getting the petitions completed but again he suggested that to accommodate the select board the two sides should get there petitions in at or about the same time. By doing this it makes it much easier for the select board to move forward and both hearings could be held one at a time on the same night vs. two different nights.
Roger Demers spoke and asked that it be known by the Town as well as the select board that this pent road in question accesses many, many, many acres of Hardwick owned land.
Kathleen asked if the select board received only one petition does the select board have a time frame when we have to hear that petition? Bill replied yes unless there is consent with all petitioners. Again that is why Bill is suggesting to both parties it would be so much easier and efficient if both parties could submit their petition (if they choose to submit one) at the same time. For exact time frame and requirement please reference Title 19 SEC 709.
Mike Demers asked if the
8:35P.M. Planning & Zoning Board Applications
Mr. Stephen Meyer was in attendance to speak with the select board regarding one of open 4 year terms that is vacant at this time. Mr. Meyer has held this position for several years and is interested in being reappointed. There still remains another open term again for four years as well. TM stated that he will run this vacancy again to see if we can get any other interest.
The Select Board thanked Mr. Meyer
for his past several years of dedication and service to the Town of
8:45P.M. Preliminary Audit FYE 2009
Chad Hewitt from Sullivan &
Powers the Town’s auditor will be present at the
The Select Board also suggested that the Town go out to bid for the Towns audit for the FYE 2010 season.
- Motion was made by Richard to accept and sign the engagement letter from Sullivan & Powers for the annual audit in the amount of $17,400.
- Motion was 2nd by Kathleen
- Motion passed unanimously
8:50P.M. Select Board Reports
Kathleen asked if we could invite the people from UVM who conduct the study if they could share the results with the Select Board.
Richard stated that he is very
concerned with the parking on
8:55P.M. New Business
None
08:56 P.M. Old Business
Marcus asked the TM the current
status if any with the Gary Dimick? TM
explained that the last conversation that he had with Larry Donna at AOT rail
division that in order for
Marcus also asked the status of
the Lamoille Valley Rail Trail (Bike Path Phase II) to improve parking near the
Marcus again asked if TM had heard whether or not we could us Rail Trail funds for improvements to the Hardwick Woodbury Rail Trails. TM stated he has posed this question to Scott Gurley at the State and has yet to receive an answer.
9:05P.M Adjourn
-
Motion was made by Richard to adjourn at
- Motion was 2nd by Shari Cornish
- Motion passed unanimously
Minutes approved by: Marcus Brown, Select Board, Chair
Minutes taken by: Rosie Gillen