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Town of Panton Selectboard Meeting
Monday March 14, 2005
Panton Town Offices
Minutes


Selectboard
 Administration
 Guests/Visitors
R. Atkins
 P Bodington, Road Foreman
 Joseph Bogan
 Paulette Bogan
J. Moulton
 S. Torrey, Town Clerk Dan Bourgeois
 Stephen Hofmann
A. Sullivan
Terry Kuczynski
 Joseph Kuhn


Robert Moulton

Call to Order:  Chair R. Atkins called the meeting to order at 7:01 p.m.
 
Election of Selectboard Chair:  Motion by A. Sullivan to nominate Ron Atkins. Hearing no other nominations, J. Moulton moved, seconded by A. Sullivan to close nominations and cast one ballot for R. Atkins as Chair. So voted.
 
Approval of Minutes:  Minutes of February 16 and February 22, 2005 meeting were approved as written on a motion by A. Sullivan and seconded by J. Moulton. So voted.
 
Road Foreman Report:  P. Bodington forwarded to the Selectboard the grant application for Class II road paving.  The Board will review the application and leave it with the Town Clerk for transmittal to the State of Vermont. P. Bodington questioned applying for grant money to repair culverts and added that if so, the work would need to be subcontracted out as he did not have the time to do it. When questioned by the Board as to why he replied that he just wouldn’t have time to do it as he is just one person and can’t do everything. Chair Atkins asked about the criteria for the grant and P. Bodington responded that the State will give the town money to replace any bad culverts. Chair Atkins said they will look over the grant and determine if there is still enough time to apply for the grant as the date for submission was September 13, 2004. P. Bodington advised that the wing arms on the 1999 truck are worn and should be replaced or repaired. He further explained that although he hadn’t looked into the cost of replacement he will inquire but that the work wouldn’t be done until summer anyway. He advised the Board that he will be taking vacation sometime in April and also reminded the Board that his annual review is due. J. Moulton asked if he can give notice of exactly when he intends to take his vacation to which he replied that it would depend on the weather. Clerk S. Torrey reminded him that he should take his comp time in lieu of vacation time as he has comp time hours that need to be used. Chair Atkins asked that P. Bodington keep the Board informed of when he intends to take his vacation. The budget line item for truck repair was discussed and Clerk S. Torrey advised the Board that the line item is already over budget for the year. J. Moulton noted the expense for Other Salaries (Road Foreman helper) is nearly at budget and asked P. Bodington if he would be within budget. He responded that if it didn’t snow much more he should be all right. A. Sullivan remarked that the salt expense seemed within budget. P. Bodington responded that he will need to obtain more salt to fill the bin before summer as salt can’t be purchased in the summer months. S. Torrey noted that the fuel oil and electricity expense was down considerably than the prior year and Chair Atkins said that according to the garage architect, Susan Davis, there is less fuel being used than in the old garage and twice the area is being heated. J. Moulton asked P. Bodington if he was shoveling the snow off the garage roof. He replied that the contractor was removing snow to determine if the roof seals were adequate due to the condensation problem with the ceiling in the garage. Chair Atkins added that the problem has been determined to be heat loss because contractors Neagley & Chase did not adequately seal the two roofs where they join therefore creating condensation. This will require replacement of the seal between the two roofs. Chair Atkins advised P. Bodington that although they did not have his review ready it would be complete and discussed with him at the April 11, 2005 Selectboard meeting.

Public Communication:
 
Solid Waste - J. Kuhn forwarded information on recycling to the Board which included graphs and charts (on file in the Town Office) showing how the recycling costs have escalated from 1994/5 since contracting with Vergennes. He further added that the total recycling tonnage (according to ACSWD) for the Town of Panton that went through Vergennes did not make sense. Options were discussed such as curb side pickup versus a contract with Vergennes. T. Kuczynski, District Manager of ACSWD, explained that by population Panton and Waltham are the lowest and that the Town should speak to the Vergennes City Manager to determine how the expense is allocated by town as it appears that the calculation is high. Various means of recycling was discussed; composting, curb side pickup, etcetera. T. Kuczynski added that would cost approximately $10,000.00 to start up a recycling center. A. Sullivan explained that after two meetings with the City Manager (and unreturned phone calls), that anyone can use the recycling center at no charge so why should the Town of Panton pay Vergennes over $4,000.00 when it’s free to anyone who wants to use it. It was mentioned that people with New York and Quebec plates have been seen dropping off recycling. A. Sullivan added that she had asked Vergennes City Manager R. Perry for a sticker system but that he hasn’t returned any of her phone calls regarding this. She added that based on an informal survey a while ago only thirty (30) people in Panton used the recycling center. It was discussed that no one is challenged when using the recycling center to determine what town they are from. Kuczynski informed the Board that there is no charge now at the transfer station for scrap metal and hazardous waste.
 
Town Plan – D. Raphael advised the Board that the new Town Plan had been filed with the Town Clerk and copies are available for the public. He advised that the Selectboard has not less than 30 days and not more than 120 days to warn a hearing for the adoption of the Plan. He further added that the Selectboard could make revisions as they see fit. If the Hearing was conducted at a Selectboard meeting, the vote then can be made by Australian ballot to adopt or not to adopt the Plan. Or, if revisions are necessary it can be returned to the Planning Commission and the process would start again. Revisions could be made within 15 days of the Hearing without sending it back to the PC.  D. Raphael will leave a copy of Checklist for the Adoption, Amendment or Repeal of a Municipal Development Plan per the Addison Regional Planning Commission (ARPC)  for Chair Atkins review. Discussion of the Town Plan was as follows;
Chair Atkins asked what happened with the 2001 Town Plan, which was readopted and forwarded to the Selectboard and who in turn, re-adopted the Plan in 2002. D. Raphael responded that there isn’t a record of the Plan according to Addison County Regional Planning and that the appropriate procedure wasn’t followed; there probably there should have been a Hearing.

He added that ACRP would not approve the 2001 Town Plan at this time because it is too far out of date and is not conforming to State statutes. Chair Atkins asked for assurance this will not happen for the new Plan. D. Raphael said the appropriate procedures have been followed and ACRP will hold a Hearing at the town office to approve the Plan.
 
Question on definition of an accessory apartment, which D. Raphael explained is living in a separate apartment. It was discussed that it was unclear if this was a separate building on the property and R. Moulton stated that it is based on a percentage of the main living area.
 
J. Bogan expressed his concern that whatever construction being performed on the Town Hall/Offices be within the historical character of the building.

A. Sullivan moved that the agenda be taken out of order and the item for Town Hall renovation be moved from Old Business to Public Communication. J. Moulton seconded.  Chair Atkins advised Mr. Bogan that the Board is communicating with Jeremiah Parker who specializes in restoration and sensitive adaptations and also is experienced in the grant process. A. Sullivan further explained that because the Town Hall isn’t utilized except for Town meeting that there is no need to expend a great deal of money replacing windows and insulation the Hall.
 
D. Bourgeois asked what the next step would be to approve the Town Plan. Chair Atkins said that the meeting would be continued as A. Sullivan has not had a chance to review the revisions. Mr. Bourgeois explained that he cannot get a permit for his subdivision because Panton doesn’t have an approved Town Plan. He added that he cannot use a conventional septic system because of the clay but he does have a septic design.  The Board said that they will complete the Plan as soon as possible to prevent further delay of Mr. Bourgeois’s subdivision. Mr. Bourgeois said that he has been trying to subdivide this property since 2003 and is very frustrated. Chair Atkins said that approval of the Plan by the Selectboard would not go until next month and apologized for the delay to Mr. Bourgeois.
 
Discussion of Jeremiah Parker’s proposal (on file in the Town Office) on the construction planned for the Town Hall/Offices. Motion by A. Sullivan to proceed with the construction and accept Mr. Parker’s proposal for $60,498.00. Seconded by J. Moulton. So voted. Chair Atkins will contact Mr. Parker and it is hopeful that the construction can commence by early spring.
 
It was mentioned that the Board did not receive any communication regarding the availability of the revised Town Plan.

Vorsteveld Violation – Chair Atkins advised the Board that Zoning Administrator E. Hanson recommended to the Selectboard that they meet with the Secretary of the Department of Agriculture to discuss the situation and who will also recommend the guideline to use regarding the fine. Then the action would be to put it in the court system whereby the fine would be a court ordered. It was discussed that the Vorsteveld’s have rental properties which are not being taxed appropriately as it appears they are not housing farm help, which gives them a property tax break, but being rented to private individuals. S. Torrey will forward a request to the Panton assessor to check all farms to ensure the rental are taxed appropriately. It was discussed that the Vorsteveld’s do not often comply with Town regulations and that this will not be allowed to continue. 
 
Adoption of Septic Ordinance – Motion by A. Sullivan and seconded by J. Moulton to approve the Septic Ordinance as written and submitted effective March 14, 2005. So voted.
 
New Business:
 
Planning Commission Appointments – Motion by A. Sullivan, seconded by J. Moulton, to go into Executive Session at 9:05 p.m., for the purpose of discussing personnel matters, inviting Clerk S. Torrey to attend. So voted.

The Board returned to Open Session at 9:16 p.m. with the following action was taken as a result of the Executive Session.
 
The Selectboard reviewed a letter from Rejean LaFleche, Jr. who asked the Board to consideration of a position on the Planning Commission/Zoning Board of Adjustment.  Motion by A. Sullivan, seconded by R. Atkins (with J. Moulton abstaining), to appoint the following individuals to the Planning Commission and Zoning Board of Adjustment for four (4) year terms: Robert Moulton, Stephen Hofmann, Rejean LaFleche, Jr. So. voted.
 
New Appointments – Motion by A. Sullivan and seconded by J. Moulton to make the following appointments:
    Town Service Officer – Kathy Ciociola
    Solid Waste Representative – Joseph Kuhn, Tim Walterscheit Alternate
    Town Fence Viewers – William Bingham, Gregory O’Bryan, Eric Visser
    Hazardous Waste Representative – Matthew Fraley
    911 Coordinator – Linda Douville
    Green Up Day Chair – Louise Giovanella
    Tree Warden – Joseph Sullivan
    Weigher of Coal, etc. – Stephen Hofmann
    Regional Planning Delegate – Louise Giovanella
 
Motion by A. Sullivan and seconded by J. Moulton, to go into Executive Session at 9:25 p.m. inviting Clerk S. Torrey to attend, to discuss a salary issue. So voted.

The Board returned to Open Session at 10:53 p.m. Action taken as a result of the Executive Session is as follows:

Motion by A. Sullivan and seconded by J. Moulton to present P. Bodington with a 4% hourly increase, from $14.30 per hour to $14.87 per hour, for the 2005 year. Increase is effective March 1, 2005.    
 
 Worked on updating the current job description for the Road Foreman position which will be completed by the April 11, 2005 Selectboard meeting.

Motion by J. Moulton and seconded by A. Sullivan to recess the meeting to March 21, 2005 at 5:00 p.m. to work on finalizing the Town Plan.  So voted. Meeting recessed at 11:10 p.m.

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