WILLIAMSTOWN SELECTBOARD MEETING

Hearing Town Charter

January 17, 2011 - Monday 7pm

Williamstown Middle/High School Library

MINUTES

PRESENT: Larry Hebert - Chair, Rodney Graham - Vice Chair, Francis Covey, Art Stone, Bill Ashe,

Town Manager: Garrett Earls

VISITORS: Horace Duke Jr., Mike Sprano, Milo Winters, State Representative Phil Winters, Mike Pierce, Rama Schneider, Fred Lewis, Arthur Kramer, Ethan Persons, Al Day, Kathleen Lott- The Northfield News, Ruby Fullard, Larry Griffin, David Martin- Loyal Order of Moose, Richard Bottiggi, Martha Stone

At 7 p.m. Larry welcomed everyone to the January 17, 2011 Williamstown Selectboard meeting.

Larry made an announcement there were a few changes to the Agenda: under New Business Creation of Fund will be tabled till the next meeting and under New Business add # 4 Articles Town Meeting for Selectboard approval

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Hearing - Town Charter

Public Input:

This is the first public hearing on the proposed Town Charter and the 2nd hearing will be on February 21st, 7 pm at the Williamstown Middle/High School.

Larry opened up the floor for questions and comments:

Rama Schneider thought as a Treasurer despite any differences that might have occurred at the towns government as Treasurer of the town in its collective wisdom did see to elect someone with an accounting background. He did have experience working with various programs on the computer. He thought at this level of government we suffer when we start taking things away from the people to decide things as a common wisdom. Turning the town treasurer over to the selectboard, we are taking away from the town the ability to put someone in place that we feel we need in there to keep check on the books against the selectboard. There needs to be some balancing oversight. If you are going to an appointment you are making an appointment based on reason that the town in their collective wisdom already takes into consideration. He did not think we should take away the ability to choose the town treasurer.

Larry answered that other towns are facing the problems with their treasurers as Williamstown and as a selectboard we are responsible for running the town and make sure things go smoothly. The treasurer's duty is to provide the selectboard with accurate information so we can perform our duties. That we have not had. They worked with him on the policy committee to draft polices and in the policy he would supply the board with monthly reports where we stood financially on all accounts, the year started July 1 and we received our first report the first meeting in December. Only half was there. He took 9 weeks of vacation the first half of the fiscal year and one was the busiest time of the year, tax time. We have no control. We have spent many meeting with him, state auditors, accountant, VLCT and our lawyers and they all are recommending we do what we are with a charter change.

Arthur Kramer reviewed the draft charter and pointed out suggested changes:

Page 3: paragraphs 11 Terms of Office. In that mentions sub chapter seven which he could not find.

Page 5: letter D which is under the conflict of interest section. You are talking about conflict of interest and if you have not disclosed information it's not a conflict of interest. Remove the word not.

Page 6: (c) Disclosure: a couple of typos. In the last sentence he asked what person in town has the authority to appoint the Health Officer. Take out: (the person or)

Page 6: where (e) Enforcement, mentions in Article 5 & 6 have not been followed. These are not articles and will need to match up under Conflict of Interest.

Page 7: #1 you set up this policy, the first thing it says is the chair shall meet informally, in private, with the public officer to discuss possible conflict if interest violation. Then #2 the chair may meet to discuss the possible conflict of interest violation. You have already said that in #1. and in two it does not go anywhere.

Larry thought that the attorney wrote this not just for the selectboard but also for committees and commissions.

Page 6: (e) Enforcement: progressive consequences for failure to follow the Conflict of Interest procedures: section (e) states very specifically cases of conflict of interest in article 5 have not been followed; the selectboard may take progressive action etc. So it does say very specifically the selectboard may take progressive action. Rodney said it should say the chair may meet with the selectboard.

The appropriate board may admonish the offending public officer in private, if you read § 1 V.S.A. you can not make any decisions in executive session. You know you can when you come out so that is not correct. The law does not support you to do that.

Lastly (4) Upon majority vote, the board may request that the following public officer resign from the board. Understand may, his question is if that is the case and the public official refuses to resign what is your next step.

Why don't you put something in there that completes that loop. If you are going to change the charter put a recall in there so you do have something at the end. Other towns have a recalls. .

Last page § 17 (b) if you go back to that it pertains to the treasurer, my point is you are asking for a charter change which is about the treasurer. If the town approved it and the legislature signs off on it why is there a statement it has to take effect immediately for him when as soon as the legislature passes it, it takes effect. Larry explained the situation is even with the charter change he doesn't have to follow it until his term ends 2 years from now.

State Representative Phil Winters said there is a chance the legislature will take it up this year but he doesn't know of any guarantee. He also did not like the concentrating of so much power within the selectboard, he though someone who might in some future time to be able to point out some problems with the selectboard and with there spending practices and their type of thing. Certainly he thought that you talk about appointing officers and as he sees it, you appoint all the ones listed now with the exception of the treasurer. It's very plain that this indeed is pointed at one position and with the inconstancies that Mr. Kramer has pointed out he thought the lady that chairs the local government committee in Montpelier will chew this up and spit it out. Francis said then it's a good thing we are having this hearing. Larry said that is why we are here to make the changes before it is submitted to the legislature for a vote.

Rodney felt two very important positions that we do not listed either as elected or appointed: they are delinquent tax collector and tax collector. Currently by some previous understanding years ago that the town treasurer is the tax collector and the town manager is the delinquent tax collector. He asked if there was any concern, should they be appointed or elected or just leave them as they are. You have a tax collector that is gone for six weeks when we were collecting taxes.

Art Stone thought the discussion lost the point, right now you are talking about people already appointed by the selectboard, this articles to us is trying to get us power (if you want to call it that) to have some control over the people you vote in. If someone is voted in they can do what ever they want. Actually when you vote a selectman in you are voting the five of us to be the boss of the town. We are responsible for everything that goes wrong we should be responsible for something that goes right. To do that we have to put up with these two elected positions that were elected. We have done everything with the town treasurer to come in with some figures. He thinks the treasurer has shown up here three times, once a year he gives us pages of figures to check and to see if what happened in the month is what was suppose to. If you are appointed to do a job you need to do it in a timely manor the same as we need to be here twice a month. Right now we have a treasurer that is capable if he wants to. In the future if someone is running for the treasurer and doesn't have an idea of what a bookkeeper job is but he the most like person in town and gets elected. Then what do we do.

Larry said that is why we have this appointment process in there so we have citizens input along with other staff members to interview candidates. Rodney thought Arthur and Rama's points are valid, we do have a process for finding a person. They are saying they would like to see the voters have voice in getting rid of someone and that would be through the recall process. We should investigate that and see how that would work and have that ready for the next meeting and some other things brought up.

Bill looked at it as being a responsibility over the management of tax payers' dollars that is a really important goal this board has or any selectboard has. Without the benefit of having accurate information in a timely manor where it impedes the ability for us to make decisions about how taxpayers' dollars are being spent. It's been like management with a dartboard. That is not something in the best interest of the town. This was nothing in his mind that has anything to do with the personalities of the people involved. It has everything to do with the ability of us as an elected group of people to take and properly manage the affairs of the Town of Williamstown. Without having the cooperation of these offices it's been impossible.

SELECTBOARD MEETING

Larry convened the January 17, 2011 Williamstown Selectboard meeting.

Announcements:

February 21st will be the next public hearing on the charter change, seven p.m. at the Williamstown Middle/High School.

Visitor's Comments:

Mike Sprano wanted to know if the Board will be talking about the Town Meeting Article. It was added to the agenda.

Rama reported the speed of cars on his road, Gilbert Road and what can be done about it. He was advised to contact Orange County Sheriffs.

Review and Approval of Warrants:

Rodney motioned to approve SB80, 81 and 82. Seconded by Francis. A discussion by Garrett about SB81 asking the Board to only approve five of the names until further research. Rodney amended his motion on SB81 to only include the 1st, - 21st Mortgage corporation, 5th one Deyo, 8th one Gilman, 11th one Martin, and the 17th one Stone. Francis asked when the Board would receive an update on the rest. Garrett will have them by the next meeting. Francis seconded the amendment and the motion passed by voice vote 5-0.

Rodney made the motion to approve warrant 12/19 to 1/11/2011. Bill seconded and the motion passed by voice vote 5-0

Approval of Minutes:

Rodney motion to approve the special meeting on December 28th . Seconded by Francis. Motion passed by voice vote of 5-0.

Bill moved approval of minutes of January 3, 2011. Seconded by Art. Rodney abstained because he was not in attendance. Motion passed by voice vote 4-0.

Manager's Report:

Garrett presented the Board with a letter from Simons Operations Services contract expires on June 30, 2011. Would the Board like to renew, modify or terminate the contract. The Board agreed to modify the contract and bring it to the next meeting. Garrett will send a letter to Simons with the Board's decision to modify.

The Town of Barre asked if we would be interested in applying jointly for a paving grant on West Road adjoining Falls Bridge Road in Williamstown. After further discussion the consensus of the Board agreed.

Garrett has sent a letter for a traffic study of Rte 14 to address the 40 MPH signs near the crosswalk by Pump N Pantry.

A response about the state property both he and the former town manager sent letters expressing the town's interest in the property. He understood that the town wanted to acquire that property through the conveyance of one dollar. More than likely the town would be able to buy that property for a dollar, realizing they could never sell that property to put back on the tax roles. If they did want to sell that property we would have first option to buy it back for a fair market value.

Rodney was approached by a citizen that the old sidewalk which was cleaned, a state truck came by and plowed loading the sidewalk up again with snow. Then it was not plowed again. Garrett will talk to Bob Hood and call District 6 to ask them to slow down their trucks.

Larry asked if we could clean up where they stock pile snow by the back of hardware store and the church. The banks on the corners are getting deep.

Unfinished Business:

Salvage Yard - Hebert Road

Larry Griffin explained to the Board that the process takes a lot longer than he expected. He has been removing cars and cleaning up. The engineer has problems with the weather. Larry asked if he was in the process for getting permits. Larry Griffin explained he was moving forward with cleaning up and obtaining the permits. Larry said this is a bad situation for you and this Board. We are getting heat from the state to do something about it. We need to have something more specific going to apply for that permit now is after the fact. You need to clean up what you have and if that is what you choose to do in the future you need to get all your permits in place. The Board does not have much choice at this point we have seen some email from the state working to start enforcement action against you. We have tried to work with you. Francis understood he was cleaning it up by bringing a lot of vehicles out of there. That is your intent to continue that and then go forward with the engineer when he can come in the spring and you will continue to take vehicles out. Up to the point you can or cannot do a salvage yard. No matter what you will clean it up. His statement was everything will be cleaned up by May 31st. Art asked for something in writing. Mike Pierce was concerned about his property across the road and the fluids when the road is frozen gets into the surface runoff and the first place it goes is to his property. Are the fluids being drained from the vehicles and taken care of properly. He would like some assurance, a record of the disposal of the fluids. Larry Hebert asked Larry Griffin to include a record of the drainage of the fluids in the letter.

As of now he is putting the drainage in barrels and sells it. He says he is following proper procedures now. Larry asked Arthur Kramer, Town's Health Officer if he could look and see if what he is doing. Art was asked to contact the state and see what procedures he is looking for. Larry asked Larry Griffin put everything in writing and state what your intentions are and we will pass that information on to the state. The Board agreed to that.

New business:

Creation of Fund - Samantha Avery & Alicia Rominger

Tabled till next meeting.

Order of the Moose - Tax Exemption

David Martin from the Family Fraternity Moose in Williamstown came to the Board asking to put an Article on for Town Meeting to vote them tax exempt as a non-for-profit organization. Larry read the proposed article that was put on the Warning in anticipation of them coming in after receiving the letter they sent to the Manager. By consensus the Board will put their Article on the town warning.

Richard Dybvig - TEFRA

Richard spoke to the Board first explaining TEFRA - Tax Equity and Fiscal Responsibility Act of 1982. Richard thanked the Board for the new street lights. He is the builder and operator of Williamstown Square which is Hud -Section 8 housing the contract was for 30 years that has expired. He is selling and has a buyer. The Federal Government requires this FETRA hearing. Which is a public hearing under the proper local authority. It says this is going to be a bond offering that involves this type of funding and the public is invited to a hearing to comment. He is asking the Board to host that hearing and to assuming you are agreeable to what the comments are you would be in agreement to sign the resolution. This is no way any obligation to the town in any respect. The Board will host the hearing at 6:30 pm at the Williamstown Middle/High School, February 7th before the regular Selectboard meeting.

Articles Town Meeting - Selectboard Approval

The Town Clerk asked the Selectboard to review and approval of the Warning for Town Meeting. Rodney asked if all the special articles including the Historical Society actually requested these. Francis said she has to be asked and not automatically put them on. Rodney wanted to be sure everyone was asked and not just being put on. As a Selectboard we do not see these requests which we are suppose to approve. Francis said the clerk needs to verify it. Mike Sprano did not understand why the Selectboard has a different warning than what was in the board packet he reviewed on Thursday. The Board explained the warning in the Board packet was an F.Y.I and tonight the warning was updated and presented to them as it needs to get to the printers. After a discussion Bill move to approve the articles for subject to the conformation of the town clerk that these special requests have been properly requested. Seconded by Francis and the motion passed by voice vote 5-0.

Visitor's Comments: None at this time.

Around the Table:

Francis: Nothing at this time.

Rodney: Nothing at this time

Art: He was told the dry hydrant on South Hill apparently got buried when they put in the new culvert. Garrett explained it was broken for awhile. Rodney clarify it's the standpipe. It was open water in that pond and the fire fighters could have just dropped in a hose to suck up the water. But there was only one set of footprints to that stand pipe he would have to question how hard someone tried to get the water out of there.

Bill: Nothing at this time.

Larry: Thanks for coming.

Motion made by Francis to adjourn and seconded by Bill. Motion passed by voice 5-0.

Approved February 7, 2011