Wallingford Selectboard Minutes

The official copy of these minutes can be obtained at Wallingford Town Hall  

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February 26, 2007

Present:  Bill Lohsen, Charlie Angel, Gene Gilman, Christine Davenport, Frank Bruce, and Julie Sharon

Visitors:  Joyce Barbieri, Joan Crowley, Mark Blucher, Ben Morgan, Shari Edmands, Christopher Schmelzenbach, Thomas Schmelzenbach, and Sandi Switzer  

B. Lohsen called the meeting to order at 7:00 p.m.  

Proposed Zoning Bylaws.  Mark Blucher from Rutland Regional Planning Commission fielded questions as to the Selectboard’s responsibility and authority regarding the proposed zoning bylaws.  He interprets Chapter 117 to mean that only minor changes can be made by the Selectboard. Changes must be filed with the Planning Commission who then must prepare an amended report on the proposed regulations. Once the Selectboard warns its initial hearing, the 150-day period for the issuance of permits under the proposed bylaws begins.  Should the proposed bylaws not get adopted, all permits issued under the proposed bylaws must be reissued under the existing bylaws at no charge.  Mr. Blucher explained that if the Selectboard decided to have the voters vote on the bylaws, then all future bylaw amendments must be acted on by Australian ballot.  There was discussion about the choice of the panels -- Board of Adjustment or Development Review Board.  J. Barbieri asked Mr. Blucher if a town could eliminate zoning.  Shari Edmands strongly recommended that the proposed bylaws be put into effect as they include the new statutory requirements, to which Mr. Blucher concurred.  The Selectboard thanked Mr. Blucher for his guidance.  

Minutes.  G. Gilman made a motion to approve the minutes of February 5, 2007 ; motion seconded by C. Angel.  Motion carried (3-0).  F. Bruce and C. Davenport abstained. 

Selectboard Orders.  Pay orders were reviewed and approved by consensus in the amount of $16,141.19.  

Ben Morgan – Zoning.  Ben Morgan asked for an update on the Environmental court case involving Bernier, as the ZA had contacted him recently with some questions asked by the court.  He reviewed the issues he believes are still in violation on the property.  Mr. Morgan is frustrated with the lack of progress in this legal action and questioned if the 12 questions submitted by Attorney Bloomer on 10/31 were ever answered.     Shari gave a status report and said she would follow up with Attorney Liccardi tomorrow.  

Shari explained that the Zoning Board of Adjustment is in the midst of a hearing, which is recessed until Wednesday evening.  However, the five-member board is now a two-member board, due to a death and two resignations.  Following discussion, B. Lohsen moved to appoint F. Bruce to serve as a liaison, if acceptable with the Secretary of State’s office; motion seconded by G. Gilman.  Motion carried (4-0).  F. Bruce abstained.

Joyce brought up the fact that Shari seems to be concerned that the Selectboard reduced her salary by $500 in the proposed budget. She explained that the Selectboard had actually over-budgeted the ZA’s salary in the current year and the $8,000 budgeted at an average of 10 hours per week plus meetings, less time off, is sufficient.  

B. Lohsen made a motion to move into executive session to discuss legal matters with Shari Edmands at 7:53 p.m. ; motion seconded by C. Angel.  (Motion carried 5-0).  The Selectboard came out of executive session at 8:20 p.m.  No action taken.  

Security Policy.  Pursuant to the Security Policy adopted in February 2004, the Selectboard reviewed and approved the list of all persons who have keys to Town Hall, on a motion made by B. Lohsen, and seconded by F. Bruce.  Motion carried (5-0).  

Coin Drops.  The Selectboard was made aware of a safety condition in the VTrans application for highway coin drops.  B. Lohsen made a motion that all coin drops must be conducted at least 100’ away from the Route 140 & 7 intersection; motion seconded by C. Angel.  Motion carried (4-1).  F. Bruce opposed. 

Certificate – No Appeal or Suit Pending. The Selectboard signed a certificate stating that as of today, there were no appeals or suits pending that may affect the 2006 grand list, on a motion made by B. Lohsen, and seconded by F. Bruce.  Motion carried (5-0).  

Town Meeting.  The Selectboard reviewed the warned articles and discussed the status of two of them.  Based on the current grand list figures (which will change following reappraisal), Joyce estimates the town tax rate to increase 1½¢.  

Route 140W Bridge .  Chris and Tom Schmelzenbach of Infrastructure Engineering, Inc. introduced themselves.  Responses solicited from engineering firms for services for the repair of the Route 140W Bridge came from:  Infrastucture Engineering, Inc., DuBois & King, Inc. and Stantec Consulting Services, Inc.  Julie asked that a subcommittee be formed to review the proposals and make a recommendation.  F. Bruce and B. Lohsen volunteered.  

Other Business/Announcements.  Correspondence noted included 1/22 Conservation Commission minutes; 2/5 and 2/12 Planning Commission minutes; 2/7 ZBA minutes; letter from Senator B. Sanders; January Activity and Incident Reports from the Sheriff’s Department; an application for the position of Road Commissioner; and resignation letters from ZBA members L. Miller and J. McTaggart.  Thank-you letters will be sent to these two members. Jay Johnstone, ZBA member, Planning Commission member, Lister, and former Zoning administrator recently passed away.  A condolence letter will be sent to Lois Johnstone.  

Julie verified with the Selectboard that their meeting before town meeting will begin at 6:30 p.m.  

Julie informed the Selectboard that Tom French called about plowing the end of Beaver Meadow Road , which is in front of Jack Pikkarainen’s property, and which borders the Mt. Holly line.  Mr. French discussed this with the Selectboard in December 2002 at which time Dave Morris promised to discuss the situation with Mt. Holly .  Julie called their Highway Department and learned they do not plow the end of that road as they cannot turn their truck around.  Charlie Woods confirmed that our highway department does not plow that road either.  Beaver Meadow Road does not appear on the VT highway map; therefore, it believed to be a Class 4 or private road.  No action was taken on this request.  

B. Lohsen asked that the road crew start eliminating the snow mounds on the street corners in the village.  Many of the sidewalks are still impassable.  The Selectboard would like to remind the Fire Department to shovel out the fire hydrants.

B. Lohsen made a motion to move into executive session to discuss personnel; motion seconded by C. Angel.  (Motion carried 5-0).  Board members entered Executive Session at 8:50 p.m. and were joined by J. Barbieri.  The Selectboard came out of executive session at 9:23 p.m. and requested a memo to the Zoning Administrator reminding her to stay within the 10 hours per week work schedule (excluding meetings) in order to remain within budget, and that based upon the number of permits issued YTD and the additional work regarding the court cases, the 10-hour work week should be sufficient. 

The meeting adjourned at 9:25 p.m.

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