MEMBERS: LARRY HEBERT - CHAIR

RODNEY GRAHAM

FRANCIS COVEY

ART STONE (phoned in)

TOWN MANAGER - GARRETT EARLS, JACKIE HIGGINS

VISITORS: Mike Sprano, Bob Cleaves, Horace Duke, Chris Peloquin, Al Day, Kathleen Lott, Ed Farnham

SELECTBOARD MEETING

At 7:05p.m. L. Hebert called to order the August 1st Williamstown Selectboard meeting.

ANNOUNCEMENTS:

R. Graham had a couple handouts for the Parade which was on 7/23/2011. He thanked many people for their contributions. He also had a list of costs with the final total. There are tee shirts and glasses to be sold for a total of $2,520.

VISITOR'S COMMENTS:

Chris Peloquin had questions about the warrants. Al Day checked into the legality of the Town mandating the transfer of property that taxes are paid on. He wants to have his building hooked up to sewer and water. The agreement that the Town's lawyer made up is not agreeable to him or his family. L. Hebert explained to the audience what has transpired concerning this property. Chris Peloquin asked if there is a law that what the Board has asked Al Day to do is legal. Al Day said he would like to get taxes that he has paid back. R. Graham asked if the Town could come in and remove the building. Al Day said no the Town couldn't come onto his property. L. Hebert said that A. Day needs to have his lawyer to contact the Town's lawyer to hammer this out. A. Stone said that A. Day needs to get this straightened out so the Town can collect taxes on it. Al Day said that he wants the title to his land. L. Hebert reminded A. Day that the ball is in his court. R. Graham urged A. Day to get this legally done.

B. Cleaves would like to have the results from the mediation that was done by Mr. Rodar put on the next meeting's agenda. B. Cleaves said that the grading maintenance of the roads is the worst he has seen in thirty years. The ditches are bad from the flood. He would like a report on the Falls Bridge project where it is, and the expected completion date. He asked about a road plan that was discussed previously if that is going to be presented. He would like a run down on the flood damage. L. Hebert told him that the Town Mgr. is meeting with FEMA this week. So a briefing will happen at the next meeting. B. Cleaves mentioned that two years ago people complained that the road crew wasn't able to handle the regular maintenance and now they are doing new construction. He said G. Earls discussed how the grant work was held up because of the flood. All the flood work has been completed by a combination of contractors and the Town's road crew. To grade the roads now would create another problem with the dust. G. Earls did say that the grant projects that have been completed held up very good during this recent flood. C. Peloquin asked now that G. Earls is leaving it would be unfair to ask the new Town Manager what is going on with the roads. So he would like to direct his questions to the road manager since he is at the meeting. L. Hebert asked C. Peloquin to be patient while J. Higgins is briefed. F. Covey said that E. Farnham could answer any questions related to the roads. M. Sprano asked if there is a set amount that the Town is asking for from FEMA. G. Earls said that FEMA only reimburses 75% of what is approved. A. Stone said that everyone wants better roads but the Town has to stay within the budget set by the voters. He doesn't agree that the roads are as bad as some people have said.

REVIEW AND APPROVAL

1. WARRANTS

R. Graham made a motion to approve SB110, payroll 7/1 to 7/24 and 7/3 to 7/16. F. Covey second. All in favor motion passed by voice vote 4-0. F. Covey made a motion to approve SB111, R. Graham second. R. Graham asked for an explanation about the money to be paid to G. Earls. G. Earls explained that this is the Energy grant and $50,415 is the total grant amount. The Town didn't have to produce a match, and received rebates. The difference is $755. to pay him for his service as Project manager or send back to the State. L. Hebert said that G. Earls did a good job on this grant as well as other grants and should be reimbursed for his extra time spent on the nights and weekends to get these grants. All in favor 3-0, R. Graham was opposed.

F. Covey asked for a motion to approve SB112, R. Graham motioned to approve and A. Stone second. L. Hebert excused himself as it was related to his business. R. Graham asked what the work that was done for was. G. Earls had pictures to show how a concrete wall was in the culvert covered by vegetation so it wasn't noticed. G. Earls explained that it was flood damage that wasn't known yet. R. Graham asked whether the needed work was an emergency repair. G. Earls and L. Hebert discussed how this impacted the Falls Bridge work. So they both agreed to have it done to keep on schedule with the grant project. R. Graham asked if any of the Board members had been notified prior to the work being done. He was asked about why Hebert Excavation was up on the bridge doing work and couldn't defend it since he didn't know about it. R. Graham said that was not acceptable and was not to be repeated. C. Peloquin asked the Board members if any of them has seen the invoices for this work. A. Stone is the only one who said that he had seen it. He asked about the labor charges for 112 hours. G. Earls said that it would be three guys for four 9 hour days to make up 112 man hours. He asked if A. Stone had seen the road at Falls Bridge, that none of the straightening of the road has been done. R. Graham pointed out that it was around the abutments because of washout from the flood. C. Peloquin asked when the bridge contractor finished the deck. A twenty foot concrete section definitely was done after the flood. G. Earls believes that this block was taken out during the flood. C. Peloquin argued how this could be related to the flood that happened on 5/27 and the date of the work of the invoice is in July. F. Covey asked for L. Hebert to explain. L. Hebert and E. Farnham started looking at the road from the bridge deck and saw that half the wall had fallen into the brook. They discussed what needed to be done based on previous experience L. Hebert had working in Barre. There is an opening on the edge of the road that couldn't be seen from the road where the water had definitely run through. A piece of block was put in to catch the water. F. Covey asked if L. Hebert thought this was definitely caused by the floor and L. Hebert said yes. C. Peloquin said that he has looked at the work done and doesn't believe that it was an emergency to have this work done. F. Covey agreed that it wasn't an emergency but it would impede the completion of the Falls Bridge Road. A. Stone asked where this culvert is. L. Hebert explained where it was. A. Stone asked if this could be tabled until everyone has a chance to look at it. R. Graham said that it shouldn't be tabled since the work has been accomplished and he needs to be paid. B. Cleaves made a comment that it shouldn't happen again that it looks suspicious for a Board member to get this kind of work. Since L. Hebert is Chair it could be considered as a conflict of interest. L. Hebert said that he has bid on many projects in this Town and often his company is the only bidder. G. Earls said that if you want to support the Williamstown businesses Hebert Excavator is the biggest in the Town. L. Hebert said that he has plenty of work in other Towns and doesn't need this aggravation. He pulled his equipment off of another job to do this work. F. Covey said that it has been the history of the Board to give local businesses the work. He said that we all live in this Town and should all try to get along. A. Day expressed his opinion that the Board needs to research the warrants before approval. All in favor 3-0 motion passed by voice vote.

2. MINUTES

R. Graham made a motion to reconsider the July 5th minutes. F. Covey second. All in favor 4-0. L. Hebert made a correction. After correction minutes were approved by voice vote 4-0.

R. Graham made a motion to approve the minutes for July 18th, F. Covey second. Motion passed by voice vote 4-0.

MANAGER'S REPORT:

Falls Bridge project G. Earls has proposals to three entities for blasting of rock, Main, Northern and Rockaway. Rockaway is the only one with time in their schedule to do the work, and will do it based on time and material. He asked if the Board would like to consider other options. The road can go without the realignment of the upper approach, or put it off until next Spring. Does the Town highway crew rent the big excavator to do the work or contract it out? F. Covey asked if this would be comparable in price, to have a contractor do it versus having the Town crew do it. G. Earls said that the Town's trucks would not get used to haul the ledge away they would get beat up. So there would be a cost for trucks to haul away the ledge. This is a difficult part of the job. R. Graham asked if there is an estimate for how much more work would be needed to complete the job. G. Earls said three weeks to finish up the project. R. Graham asked E. Farnham a question about the schedule of work to be done. E. Farnham said that the work should be sent out to bid. With that answer R. Graham said that the Town should hire out the work to blast the ledge. M. Sprano said that since the cost is going to be more than $10K it should have been sent out to bid and blasting wasn't brought up in the beginning of the project. R. Graham said that the Town crew was going to do it but now there is an issue with the time it's taking to finish. G. Earls said that this vendor is the only one available because the other vendors are busy with flood damage work. It can be finished later if the Board wants to find other vendors. G. Earls did say that if they contracted out it would still be within budget, this project has a 90% match grant. F. Covey asked if the blasting has always been in the planning. G. Earls said yes, but money was saved by not hiring Engineers. B. Cleaves doesn't think that since we do have the money that holding off would be detrimental to the home owners. F. Covey agreed that the project needs to get completed and within budget. G. Earls believes if a contractor is hired to do that part of the job the Town will still be within budget. L. Hebert asked A. Stone what his opinion on this. A. Stone said that he does think the Town's crew needs to be doing other work and would like to hire it out. He agrees that it needs to be done. F. Covey asked if L. Hebert could do some of the work. L. Hebert said that he could but would need to know right away. C. Peloquin asked the Board if they have knowledge of the right to waive the bidding process. R. Graham said that he was on the committee that wrote the policy. R. Graham said that he agrees to hire the work out, and have Hebert excavation to come in and haul the stone away.

R. Graham made a motion to hire Rockaway and have Hebert excavation to haul the stone away, A. Stone second. M. Sprano complained that Hebert Excavation is getting all the work and the Town policy isn't being followed. M. Sprano was on the committee that wrote the policy and doesn't think it's being followed. R. Graham asked M. Sprano if the Town has a policy on flood damage. This work has been the result of the flood. F. Covey asked L. Hebert if he could get to it. L. Hebert said that he needs to work with the blaster, destumping needs to be done first. R. Graham expressed his opinion that many people use that road, he realizes that there are other excavators that can do the work, but it's not a good idea to put this off. A. Stone and F. Covey agreed. Motion passed by voice vote 3-0. E. Farnham said that the two week timeframe is possible especially if the blasting is contracted out.

UNFINISHED BUSINESS:

None

NEW BUSINESS:

1. ERRORS AND OMMISSIONS

Jeffrey and Susan Paronto mobile home, the Lister was not allowed to inspect the mobile home in the Spring. R. Graham made a motion to approve, F. Covey second. B. Cleaves would like to set the tax rate at the next meeting. Motion passed by voice vote 4-0.

2. ORANGE COUNTY SHERRIFF FISCAL 2011 BILLING

The Sherriff overbilled Williamstown by $10,742 in fiscal year 2011. They offered more services are open to whatever the Board decides. L. Hebert would like to see a credit in the future. F. Covey agreed with that. C. Peloquin thought that the invoices should be scrutinized better. The credit would be accounted to Fiscal 2011. B. Cleaves thought that an adjustment would be possible. A. Stone said that there have been more problems in the Town that he can remember. R. Graham made a motion to have Orange County Sherriff to give the Town a credit, F. Covey second. Motion passed by voice vote 4-0.

VISITOR'S COMMENTS:

C. Peloquin welcomed the new Town Manager, Jackie Higgins.

AROUND THE TABLE:

A. Stone thanked L. Hebert for his help with Rachael's garden equipment and men to. A granite stone bench is going to be delivered soon.

He thanked G. Earls for his service to the Town. Asked if he will be in Town until Tuesday when he will be back in Town so he can say his good bye to him.

At 9:40pm F. Covey made a motion to go into Executive session, A. Stone second. Motion passed by voice vote 4-0.

Selectboard meeting adjourned at 9:45pm.

At 9:50pm the Board went into Executive session.

The Board discussed legal issues.

F. Covey motioned to exit Executive session at 10:20, R. Graham second.

F. Covey motioned to appoint Ed Eaton as Fire Chief for two years. R. Graham second. Motion passed by voice vote 4-0. F. Covey motioned to end compensation for Town Clerk as of August 15th A. Stone second. Motion passed by voice vote 3-0, R. Graham abstained.

Meeting adjourned at 10:25pm.

Minutes approved August 15, 2011.