WILLIAMSTOWN SELECTBOARD MEETING

January 4, 2010

Williamstown Middle/High School Library

MINUTES

PRESENT: Larry Hebert - Vice Chair, Chris Peloquin, Rodney Graham, Art Stone

Town Manager: Garrett Earls

VISITORS: Kathleen Lott - Northfield News, Irvin Stephenson, Mike Sprano, Al Day, Barry Duquette, Vincent Dellone, Stanley Wood, Robert Boule, Frieda Hollyer, Crystal Whitcomb

SELECTBOARD MEETING

Larry Hebert, Selectboard Vice-Chair opened the January 4, 2010 meeting of the Williamstown Selectboard at 7:00 p.m.

Announcements:
Larry announced with regrets that Stan Corneille - Chair of the Williamstown Selectboard has resigned. Larry read a letter from Stan stating health issues for the resignation. Chris was sorry to hear that announcement and made the motion we accept the resignation and open up the empty seat to the community and ask for names to volunteer to finish the unexpired term. Second by Rodney. A discussion followed to advertise in the newspaper and to post around town. Names to be in the Board packet or emailed before the next meeting. Rodney wanted to point out the term would expired March 3, 2010 and the person would need to run for the seat if they choose.

Larry asked for an Executive Session inviting the Treasurer to attend.

Chris wished a Happy New Year.

Visitor's Comments:

None at this time

Review and Approval of Warrants:

Rodney motioned to approve Warrant SBSB2. Second by Chris. A discussion followed of the invoices. Motion passed by voice vote 3-1.

Approval of Minutes:

Rodney moved to approve the Selectboard minutes of December 21st. Second by Chris. The motion passed by voice of 4-0.

Rodney moved to approve the Special Meeting minutes of December 22nd. Second by Chris. Motion passed by voice vote of 4-0.

Manager's Report:

Garrett reported at the last meeting he was asked who he reported his time off to. He read from VLCT's Attorney that he if asked was to report his time off to the Selectboard.

Reminder Town Caucus on January 13th at 7pm will be held at the Fire Station meeting room.

We need a candidate for moderator because Mr. Chase will not be carrying on after this year's Town Meeting.

Rock of Ages, John Taylor has been contacted. He would like direction from the Board on what they would like him to do. Larry recluses from the Rock of Ages because of doing work for them.

Unfinished Business:

ACO - Review of Policy

The policy was added to and changed with the suggestions from the previous meeting and Rodney motion to approve the amendment to the Dog & Pet Ordinance. Second by Chris. Motion passed by voice vote of 4-0.

High Street - Attorney Letter

Larry explained they had a letter drafted by an attorney hired by the Town, Paul Gullies. It appears from the letter High Street does extend to the Boule property. Rodney and Chris were in agreement with the letter. Vincent Dellone said based on the survey that was done six years ago, where Bob Boule has been accessing his property is not in the right of way. The right of way is through a slope to the west. The paved part in front of my house is half in the right of way and half on my property. Larry asked Vincent was he satisfied where the right of way location is here, he was. Larry asked Bob Boule if he was satisfied of the right of way was on the survey, he was. Larry explained the Town owns the right of way. A meeting was scheduled to review the road the next day.

Young Road - Resident Letter

Garrett met with Mr. Whitcomb last week and he showed him what he has maintained and had maintained the last twenty years. He wanted to recount some of the stories, when he was asked what he would do if the town didn't plow it he said he would do what he has done for the last twenty years. Garrett told him if he wants the Town to get involved with this road it would need to be widened. There is no room on the side of the houses so it would need to be widen on the field side of the road. Which belong to Mr. Pullman and Mr. Carrier. There is no survey. Barry Duquette said they do not know where the center of the road is. He and some of the other neighbors have worked on the road putting in ditches, culverts, markers, and brought up gravel levels. We have put thousand of dollars into the road and requested several time for the road be brought up to Class 3 standards. Every time we were told it wasn't up to par. Larry said the first step is to establish where the right of way actually is. Crystal Whitcomb said they had been given specs, not the exact specs, we were told to add a turn around and we did. It just seems every time we come back it's something different or the rules change. Larry said there is not much we can do this time of the year; we can't help what has happened in the past with Selectboard and Managers. In his opinion if in the spring we could get together and look the situation over and come up with a plan. Larry said the first step is to establish where the right of way actually is. Rodney drove up Young Road it does look like there has been ditching and culvert work. Since there are some health issues up there at this current time that road is wide enough to plow it. He thought we could comprise, maybe not for a dusting but if we get a storm we could plow and drop a little sand. In the spring get a committee or the Highway Committee to access all of our Class 4 roads and try and prioritize we should be looking at to helping the land owners get some of these roads into shape. Art thought it was time we take some action to help the residents. Larry reiterated his feelings: some of the roads like Soucy Lane and Village View Heights and Jamieson all those roads were built to Town spec and paid for by the individuals. If you are willing to contribute to fixing the road Larry would be all for it and for plowing this winter. Larry was in favor of spending Town money to find out where the road actually was. Chris said the Finance Committee has purposed another line Class 4 road funds. He thought they would be in the right position at this point in time and the communications need to be continued through the winter. If the voters approved it he was sure the Board would be willing to spend some money on Young Road. As far plowing the road in the bad times he would support that if we give guidance when it could be done. Chris referred to the plowing schedule which was in no order, he thought it needed order; he is witnessing the no order everyday it snows. If we are going to extend the services of our highway crew then they needed some guidance. Rodney made the motion to plow and sand the Gilbert side of Young Road for this winter season and have the Town Manager get the survey work done this winter and will agree to meet with the land owners in the spring when the snow is gone to come up with a plan as to how to get that road to Class 3 standards. Second by Art. A discussion followed and Chris asked if Rodney was referring to every time our trucks go out, he was asking Rodney's intent. Rodney's intent was the Manager can work with the Road Foreman to decide. Second question Chris asked did we spend all the Class 4 road funds and where would we get the funds to survey this Right-of-Way. Larry asked the Town Manager to get the price of the survey. Rodney withdrew the survey part of the motion. Art second. Motion passed by voice vote of 4-0.

NEMRC Recommendations - Remote Access

Chris asked if there are questions on the recommendations and if that is why it is on the agenda. Rodney said there has not been a decision on the remote access. He said the Board has asked what the recommendations of NEMRC were and did any other Towns allow remote access. Garrett said the only ones they knew about were Wilmington Town Clerk and Bennington to cut purchase orders. He was not sure NEMRC would make a recommendation; Bernie Saunders said it sounds like a remote access policy to establish. He said about security the basic difference is a work station is hard wired to a switch from the router which you access from the work station, if you were accessing that work station from a phone line, modem or internet there is a differences. Chris said a difference not a danger. Chris said NEMRC does remote access to the Towns. Chris made the motion we continue to allow NEMRC and the Treasurer at this time since they are the only two that wish for that. Larry asked for a second and the motion failed. Rodney said they are providing the Treasurer with a computer and an office and believes that having remote access has got to increase the risk for someone being able to hack into our accounts. It is not personal. He believes the person should come into the office to do the work. Rodney made the motion to not allow remote access to our accounting system. Second by Art. Bob pointed out that NEMRC using the same remote access as he does. If you are going to restrict remote access for security reasons then you will need to require NRMRC be onsite to do their job. While Bob was on vacation he access the computer because of payroll issues, accounts payables if questions, working on the audit, making adjustments to the audit, so my primary need would be so I would not have to make a trip into the office. Rodney said that make it easier to carry out those duties and you are required to carry out those duties. And you do take an oath to do that. Bob said he isn't going to make the trip back from vacation to do something. Rodney said there are deadlines to have things done. If things go wrong and if he can't correct it do you want to delay the payroll or the payables. Rodney said you have an assistant. Bob said he doesn't have a full assistant only one to take over the minimal tasks. If there is a problem they are not able to handle it. This system of accounting is very complex. I have assistants to take up the slack when I am not available, not to do my job while I am there. Larry said he has a problem with all the Towns financial information being on the Treasurer's laptop while on vacation. No matter where you are if someone got a hold of it, it's put the Town in a bad situation. Bob said you are miss informed. Larry gave an example of someone being able to access someone computer. Other people he talked with agreed it's just another chance for something to go wrong. He agreed with Rodney the work should be done at the Town Hall. Bob said that's your thought but not necessarily the Statutes. We are still back to two issues, security or personal. Security information, there is no information on his computer that cannot be accessed from any other computer. Our bank accounts can be accessed from your computer; they are on the Chittenden Banks computers. Any one in the world can access our bank accounts if they have the passwords. Chris said we need to take our personnel feelings out of this and do what's best for the Town. Rodney said you believe that's it's in the best interest of the Town to be doing Town Business in a foreign country or a different state. Chris thought it happened once, that the warrants come to our table then we have auditors check and recheck them. Rodney said the warrants are not issued by the Treasurer; the warrants are issued by the Selectboard to the Treasurer. It is not about spending money it's about someone with the ability to spend the Town's money. You believe if they can do that doesn't it increase the risk. We need to keep up with the times and if this firewall is open to NEMRC the danger, if there is a danger, is present there. Mike Sprano asked if the Town Manager accesses the computer from home and Larry said only the Treasurer does. Chris explained they were discussing allowing NEMRC have the remote access and take away Treasurer remote access. If security is the really the excuse then it's only excuse and it seems to be personal. Art said he spoke to someone with knowledge about computers and that normal person would not have the funds to have a high level of security. Bob said we have a very good level of security for the size of our operation. Larry asked if Bob could move money around and he could with the passwords. Rodney said he didn't think the Board had the authority to dictate how he runs the accounts. As long as his accounts are kept. Chris called for the question. Rodney said just before everyone votes it would appear that the school Board can designate the type of accounting and how the accounting is done but the Selectboard cannot. Motion was voted on and there were 3 nays and 1 abstained. Motion did not pass. Chris explained that he thought we go back the way it was since the motion did not pass. Chris motion that we remain the same as far as our remote access to Town computer for staff. Chris restated his motion that the Treasurer and NEMRC have remote access to Town's computers and accounting systems till any problems arises. Art second. Motion passed by voice vote of 3-1.

New Business:

Listers - Equalization Appeal

Chris made the motion to allow the Chair to sign this letter to Director, William Johnson Property Valuation and Review. Second by Rodney. Motion passed by voice vote 4-0.

Al Day - Veterinarian Bill

Al Day said the Town Manager put him on the Agenda, he was just was going to put his bill on the account payable warrant for payment because the ACO did not issue a ticket for the dog that was at large that had bitten his dog. The Town Manager did not put his bill in the warrant and felt he could not approve it for payment after reading the ACO's report. Al said the Town's dog warden on this one occasion didn't go by the Town's Ordinance; he also had a state ordinance that basically says the same thing, He can't collect his bill from this person, the other dog owner, because the ACO didn't issue him a ticket there is nothing he can put in front of the judge. So he feels the Town should pay the bill or instruct the dog warden do his job. Chris said who decided not to put it on the warrant. Garrett said for him to put it on the warrant he would need to approve the expenditure of course you have final say, he couldn't approve because he didn't believe it's the Town's responsibility. He had a statement from the ACO for this situation why he didn't issue a ticket for either party. Chris said we have a copy of the Affidavit and the last sentence stated: At this time I still do not know whose dog started the fight therefore neither party received a ticket. At the last meeting Chris remembered a witness. Has Mr. Pickel spoken to the witness. Al said he hadn't. Chris asked Al you said you were walking your dog on a leash on the Town Roadway. Al said yes. Chris said it seemed that who started the fight was not an important piece of information in this case. If someone is walking a dog on a town road and there is a dog bite, he doesn't appear he isn't denying your dog was bitten. I would think that would be a violation of our dog policy. Larry said not knowing exactly the circumstances, the ACO did state that he talk to several different persons and had several different versions that is why he did not issue a ticket. Regardless of that this Dog Ordinance is a civil ordinance and shall be enforced by the animal control officer, any other officer as defined in his absent in the Vermont Judicial Bureau. This is between the two parties. It's not for the Town to pay the bill. Al said without the ACO doing his job as written in the Dog Ordinance, he is suppose to investigate this thing and come up with a finding. Either Al is at fault for walking his dog on a leash or the other dog's fault for not have a collar, leash or tag which comes running out and bites his dog. The Town hires him, he is working for you and that's who Al is going to come after for the money. Chris said the point in collecting dog licenses is to pay for damage done by dogs or wolf-hybrids. In the past since he has sat on the Board we have to pay for animals that dogs have damaged. But Chris does not think this invoice should be paid by the Town, but by reading Mr. Pickel Affidavit there should in fact be a ticket issued, maybe he doesn't have enough information. Somebody is in the wrong here. Chris made the motion to ask Mr. Pickel to reinvestigate this situation. Second by Rodney. Rodney said make sure he talks to the witnesses and the Ordinances does say Sect 8: The owner of a dog or ferret, etc. that attacks another dog or pet shall be fine in accordance Section 12 and must pay all related expenses such as pound fee, medical expenses, and Veterinarian fees. Motion passed by voice vote 4-0.

Around the Table:

Chris: Delinquent taxes, January 1st deadline is past are we on them. Garrett will give a report of the tax sales for the last six years.

Next do we have a truck broken down, Garrett reported it was Truck number six with a transmission problem.

Chris asked any word back from Orange County Sheriff on the garbage. Garrett spoke to Sergeant Lambert and he will be providing us with a name soon.

Fire Department furnace, Garrett didn't believe it is hook up yet.

Art: nothing at this time

Rodney:

Rodney asked what has happen to the water billing, didn't we have deadlines we were suppose to follow and have the bills out by December 1st. Bob said he never got a response to who was going to set the rate or what going to be done. Rodney asked who Bob asked and was that something the Selectboard was supposed to do. Bob said he sent out an email. Chris said he sent the Manager a follow up email on that matter. Garrett said he sent a response to give him the information and he would bring it to the Board to set the rate. Bob said information is in the computer. Rodney said he does not play computer games so you can forget the emails. Frieda said as a resident it matters to her when she gets that bill. Rodney said we redid and revised the Water Ordinance and had specific dates in it. Rodney remembers the Town Treasurer always set the rate and he didn't remember that changing. If you guys want to play email games you can but he doesn't read emails so he didn't know the Board was suppose to do it a month ago. He would have been sure it was done. Here we are again with the bills overdue, technically they are due February 15 and they have not gone out yet. Bob said he wanted to have a discussion on this, the original date was the December 15th , he wanted to say it was pretty difficult to do that when you start reading meter on the first of November. Reading is not required till November 15th. and with property taxes due and holidays it pretty hard to get them out by the first. The first isn't going to be a good workable date. Secondly we had multiple problems with the readings this time around. The information which we got from the automatic readers was basically invalid. We had 100 errors; it wasn't trust worthy because we didn't do any testing so we had to relay on the manual entry we had before. We did have that information on before he went on vacations, I did ask the question, sorry Rodney you didn't get the email but he finds they are far better than telephone calls. Bottom line is do you want me to set the rate or you guys set it. The way it's been done in the past is Selectboard and Manager set it before he came on Board, the Managers I worked with had no clue as to what was going on and with his experience he started to work with the Selectboard and Mangers to set the rate. But given circumstances going on he is willing to work with anybody but I am not going to take the bull by the horns. If you want me to work with the Manager on this he certainly would. Larry said yes we want you to work with the Manager. Bob asked are you sure. Larry said absolutely it's time it starts. Bob asked if the Manager wants to work with him, it's not just him. He was willing. Chris said he thought this just got over looked. Bob offered his willingness to help and Garrett asked what do you want me to do and he never got an answer. Chris felt this was an over site mainly on the Board. Rodney said Bob gave us those dates he wanted to have in the Ordinance, he did not think we needed to micro manage everything to get it done. We have a Treasurer, Town Clark and Managers and they are all qualified to do their job and if they would just work together and get it done and stop these childish games. Larry agreed this needs to come to an end soon. It's not productive, it's counter productive. Art agrees with the other Board members and he is tired of this bickering that has gone on for the past three years. Chris asked if it would be possible to get this information before we meet at three o'clock to approve a water rate. Bob will have the rate for the Board.

Larry: nothing at this time

Visitor's Comments:

Irvin Stephenson heard a rumor that the Fire Department produced calendars and he was told the Selectboard appropriated $600-700.00 to pay for these calendars. Larry said it was $643.00. Irvin wanted to know if the other departments are going to produce calendars. The Fire Department has quite a lot of money to throw it around and why they think the rest of us should have to dip in our pockets to pay for it. Larry said he wish he mentioned this in the first visitors comments before we approved the warrants.

Irvin said Stanley Wood sitting here tonight could show the road crew how to use the grader. Larry said they have someone and Garrett has spoken to him.

Larry asked for a motion to take a short recess and then enter Executive Session at 10 P.M. So moved by Chris and the motion 4-0.

Entered Executive Session at 10:04 p.m.and came out at 10:55 p.m. Selectboard meeting ended at 10:55 p.m.

Approved 1/18/2010