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Town of New Haven Selectmen’s Meeting

7:00 PM Town Clerks Office

Tuesday June 8, 2004

Present: Amos Roleau III, Burt Allen, Larry Buck, Barb Torian

Others:  John Perkins, Phil Busier, Scott Busier, John Spackman, Joanne Cimino, Ann Vernon, Wayne Marcelle, Langdon Smith, Jean Smith, Debi Price, Betty Bell, Adam Kane, Andrea Kane, Margot Merritt, George Merritt, Ralph Farnsworth, Wesley Kimball, Tim Decoff, Keith Hall, Tony Conant, Wendy Conant, Kim Callahan, Suzy Roorda, Daenen Norris, Jim Dumont, David Mace, Ray Fortier, Debbie Fortier.

AGENDA: Results

Read and approve minutes make corrections if needed.  Correct minutes from May 18th meeting to read Larry Buck provided overview of what had happened for the Conant’s. 

NEW BUSINESS

• Debi Price – Principal Beeman Elementary – Pre-Kindergarten programming.  She will be working on a forum for the new pre-K program.  She would like to do an out reach program and is looking for input from the selectboard.  Burt Allen suggested that the child care providers in the area be consulted, and show whether the money would be well spent or left as is would be better.  Discussion of how or if this will be mandated should also be explained.  Show research.
• Andrea Kane – Kimball Feeds – Zoning issues – Lives next to Kimball Bakery Feeds on North Street.  They were issued a permit in 2001 by the Zoning Board of Adjustment, for agricultural use.  She believes this should have been a variance.  The new owners have exceeded the conditions which were stated in a letter from Wesley Kimball to Craig Newton and Brian Elithorpe.  They are currently constructing grain silos and will be converting to grain.  The first foundation has been poured.  She would like the Selectboard to look at this business as it relates to the RA-2 district.  This was a big error and should not have been allowed to move forward.  At this point they have not applied for any permits.  When the business started it was limited by the collection of old bread products, if they change to grain there will be no limits and there will be traffic issues. They could be bringing in grain by the tractor trailer load.   Wesley Kimball was asked to speak.  When he came to the town for permits they had agreed to working hours from 6 am to 6 pm six days a week (Mon. thru Sat.)  With no more then 8 trips per day.  There was no tractor or hammer mill.  He used a skidsteer.  All equipment was inside the building.  Discussion of Newton thinking he can do whatever he wants and some kind of a non-compete clause. When Wesley Kimball first talked with them about selling the business the barn was not going to be part of the deal.  Then they decided to buy the barn as well.  The only way he would sell the barn was if they agreed to the terms listed above.  Keith Hall (Zoning Administrator) has been looking in to the minutes from the Zoning Board of Adjustment (ZBA).  The minutes mention the hours from six to six and the limited number of trips.  There did not appear to be a list from the ZBA of things that needed to be complied with.   The letter did have terms but it is not signed.  Keith Hall was there today and spoke with Mr. Newton.  Newton said that the cement pad was for feed bins.  They went through the feed records for total truck traffic.  Allowable would be 8X 6 = 48 trips per week.  Average number of trips per month in 2001 was 106, 2002 – 107, 2003 – 106 and 84 so far in 2004.  Newton’s lawyer is supposed to be writing a letter to explain the current operations of the business.  Wesley Kimball spoke of the operation not being the same.  He used 20% chocolate.  They are not.  He did not have a tractor or hammer mill.  The neighbors can hear the noise inside their houses.

Keith Hall – Will wait for lawyers’ response and continue to look into the issues.  Then he will make a decision as to whether they are in violation or not. Andrea Kane – Spoke about process if he is not in violation.  How can we approach this?  We need to decide as a community what we can do.  Keith Hall spoke of the need to change the zoning regulations.  That is the way to make things change.  More discussion of zoning regulations.  Discussion of this business originally having been a small home occupation and it has now grown beyond that.  Discussion of the ZBA making a decision that this business is agricultural in nature.  Adam Kane spoke of the business not fitting the states definition for an agricultural business. Discussion of laws for agricultural purposes being different then for other businesses.

• VELCO - representative from VELCO, David Mace and Mitigation Attorney, Jim Dumont – Jim Dumont had written a letter for the town to VELCO regarding the under-grounding of wires across a town road. He asked if VELCO would like to send a representative to discuss this with town.  They have sent David Mace.  Burt Allen – Lived in town for 60 years and there has always been high tension lines over head.  Spoke of the need to look at the economics of the situation.    The lines don’t bother him.  Amos Roleau asked about the stakes with orange tape all over his property.  He wondered why no one had spoken with him prior to them appearing. Discussion on whether the sub station will be moved or not.  At this point VELCO is claiming it will cost too much to move. Jim Dumont was told by VELCO that they will not move the sub station. However VELCO is currently negotiating with Shelburne and some other towns to put wires under ground which will cost millions.  Discussion of the noise from the substation being a problem now and will be worse if the station gets bigger.  Would help a lot if they were to move the sub station.    Jim Dumont – spoke of the selectboard having the ability to make VELCO put wires underground but might be willing to negotiate for moving the sub station. Discussion of the law allowing all towns to do the same.  David Mace thought the appropriate place to deal with this issues is in front of the Public Service Board and that is what they intend to do.   Discussion of how costs are divided up among the ISO.  We are currently paying for under-grounding in Conn.  Jim Dumont will draft another letter for Selectboard to send to VELCO.  

Wendy Conant – Would like to address some errors and omissions from the minutes on May 18^th, 2004.  Things in the minutes were not factual and could reflect poorly on the town. She does not feel the minutes accurately reflect what happened. Her name was being slandered by her neighbors and she did not know about it until she read the minutes. It was inaccurate that Mr. Buck had reviewed what had happened prior to her arrival at the meeting, she was not informed of everything that happened prior to her arrival. This is a problem.  She suggests that the meetings be recorded. That would allow for accurate information and a factual record to refer too, if there were any questions you could go back to the tape.  It is difficult to take minutes when two people are talking, the clerk can not always keep up with what is being said.  More discussion about the practicality of taping or not taping all meetings and how they would be transcribed.

 Wendy Conant - Would like to see some changes to the dog ordinance which would make it better.  Suggested that clear definitions be included, so the ordinance would be more clearly understood and easier to enforce. Starksboro and Lincoln have just been working on ordinances. Wendy Conant was asked if she would follow up and bring back some specific wording for changes to the ordinance.  Wendy Conant – Would like to know what is happening in regards to the dog complaints.  Wayne Marcelle – Has been there three times.  He has spoken with Mr. Armstrong and given him some recommendations.  Mr. Armstrong has ordered a bark box and has put an advertisement in the paper to reduce the number of dogs.  More discussion of problems associated with getting people to accept and follow a dog ordinance.   Wayne Marcelle will keep a written record of what he has done regarding complaints and actions concerning dogs.  This will be given to the selectboard on a regular basis.  Wendy Conant is comfortable with what is being done at this point.  

• List of delinquent dogs – Warrant to kill will be issued – Two letters have already been sent asking people to license their dogs. Still about 20 dogs that have not been licensed.  Selectboard will hold off on signing the warrant to kill.  Would like a certified letter sent giving them an additional 10 days then a fine of $25.00 and a visit from the dog warden.

Betty Bell – Requested that the town supply the Cemetery with two loads of gravel.  Selectboard O.K.  Discussion that there may be a need for a culvert as well.

• Appointments – ZBA – one opening – Andy Dykstra Resigned

    Energy Coordinator

    Alternate – Solid Waste

    Conservation Commission

                                        Emergency Coordinator / Civil Defense

                                        Addison County Transit Resource Board

                                        Transportation Advisory Committee (TAC)

• Junk Yard permit – Packard of Vermont – signed

Burt Allen was contacted by Greg West looking for some assistance in regard to getting his banquet hall and go-cart business up and running ASAP.  Not anything the selectboard can do. 

Larry Buck - Motion to accept the mediation agreement between the School, Town and Library. Second by Burt Allen.  All agree.

There will be a King House meeting with Robie Stoner on Wednesday June 9, 2004 at 5:00 PM.

Amos Roleau made a motion to have a tape recorder ready for use as needed at each selectboard meeting.  Second Burt Allen.   All agree.

ROAD CREW UPDATE

• Employment issues – Discussion regarding newly hired employee quitting.  Discussion of hiring someone else.  Discussion of work ethics. Larry Buck made motion to put Scott Busier on salary as (title to be determined ).  Second by Amos Roleau.  All agree. 

Discussion of two flag people being needed.  Discussion of needing to clean trees from river. 

• Sand / salt shed – update – Building will arrive tomorrow.
• Paving bid from Pike – Will put add in paper to request more bids.  Phil Busier will put together specifications for paving to be done. Did not open bid from Pike.
• Sign Over Wt Permits – Signed
• Sign pay orders        

MISC.  CORRESPONDENCE

• John Madden – request to not pave Hunt Road

• Vermont Environmental Court – Appeal Zoning Board of Adjustment – info to file
• Addison County Regional Planning – Enhancement grant info – Given to Lowell Nottingham – has written letter of intent.

• Green up day info

• VELCO – letter of reply to attend selectboard meeting

• Addison County Regional Planning Commission – Amended / re-adopted regional plan – to file

• Adelphia Cable will be putting cable in town during June and July

• New haven – Zoning Board of Adjustment – decision on salt shed Variance granted, West – Banquet Hall decision

• United States Bankruptcy Court – Agway – no action required

• State of Vermont – Agency of Commerce – Initiative to improve wireless coverage in Vermont – Project will provide technical resources.   Would like two meetings with Planning Commission. – Copy given to planning Commission.

EDUCATION

NEWS LETTERS

·        Candidate Bulletin

·        Chamber News

·        VLCT

·        VSAA Reports

·        Opinions

·        Valuation Views

·        Addison County Regional Planning

·        VOCA  Newsletter

·        Volunteer Voice

·        Vermont Local Roads

·        UST TALK – Underground Storage Tank Owner

 Treasurers Report

 Old Business

 Adjourn 10:10 pm

 Approved:

                                                                                                                                    ________________            ___________________             _________________

Amos Roleau III                                 Burt Allen                                            Larry Buck

 Respectfully submitted: Barbara Torian