Wallingford Selectboard Minutes

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July 6, 2011

Present:  Bill Brooks, Nelson Tift, Joshua Gilman, and Rose Regula  

Others Present:  Julie Sharon, Joyce Barbieri, Paula Baker, Jane Quigley, Robert McClallen, and Sandy Switzer  

Chair B. Brooks called the Selectboard meeting to order at 6:30 p.m.  

Minutes.  The minutes of the June 20th meeting were approved with one sentence change, on a motion made by J. Gilman and seconded by N. Tift .  Motion carried (4-0).  Under the Quigley Dog Complaint, “N. Tift was not in favor of keeping the dog in Wallingford ” was changed to “ N. Tift was not in favor of passing the problem to another town.”  

Selectboard Orders.  J. Gilman made a motion to approve the pay orders totaling $18,428.49, which was seconded by R. Regula.  Motion carried (4-0).  

Quigley Dog Proposal.  The Selectboard discussed the report issued by Myrna Milani, BS, DVM regarding Jane Quigley's dog, Arlo in regards to her consultation process, recommended treatment protocol, and prognosis for the dog following eight weeks of treatment.  N. Tift pointed out that Arlo is not just a Wallingford problem.  In his capacity at Constable of Mendon, he distributed a report he took on July 3rd, from a man who alleged was bitten by the Quigley dog while jogging in Mendon sometime in May.  Both Ms. Quigley and Ms. Baker refuted the report.

 

They also reviewed Nelson Jaquay's letter dated July 1st, which outlined his conditions for vacating the order as follows:  installing a fenced-in dog yard; Arlo will be leashed and muzzled when not in the home or fenced-in dog yard; and the owners cannot appeal any future order if the Arlo bites another person.  Attorney McClallen explained that the dog will wear a gentle leader head collar, not a muzzle.  Both women agreed that if the doctor agrees that the dogs are not trainable after the eight-week period, they will be euthanized.  B. Brooks pointed out that the Selectboard voted to stay the order at the last meeting, and he would like to leave as is until the doctor's report is received, or if Arlo bites another person.  J. Quigley stated that she is looking into getting a fence attached to the house.  J. Gilman felt it was a mistake to amend the original order, but at the same time, it is unfair to the owners not to reconsider this proposal.  R. Regula was not 100% satisfied with the doctor's report.

 

Attorney McClallen pointed out that the Town's ordinance wasn't complied with because per the ordinance, the person bitten has to require medical attention.  If the original order is reinstated, his clients plan to appeal.   His clients wish to avoid further legal costs and have taken the responsibility to hire a qualified trainer.  He stated that Mr. and Mrs. Jaquith are comfortable after speaking with Dr. Milani.  N. Tift wants the original order reinstated adding that the owners should have reacted years ago.  N. Tift made a motion to reinstate the original order; R. Regula seconded the motion.  The motion failed due to a (2-2) vote. 

 

J. Gilman wished to vacate the original order and incorporate the conditions by Mr. Jaquay, especially confining Arlo indoors or leashing and muzzling him when he is outdoors.  The Selectboard's actions at the June 20th meeting will remain in place.     

 

Dept. of Taxes Agreement.  The State of Vermont Dept. of Taxes Letter of Agreement for Computer Appraisal Services requires a signed agreement for a one-year license.  B. Brooks moved to approve this agreement, which was seconded by N. Tift.  Motion carried (4-0).       

Planning Commission Resignation.  Because he is moving away from Wallingford, the Selectboard unanimously agreed to accept Ben Clark’s resignation from the Planning Commission.  

Year-End Financials/Tax Anticipation Loan.  Year-end financials were reviewed by Joyce Barbieri who reported an ending cash balance of -$1,605.38.  This is good news given the long winter that came into play during the past year.  However, delinquent taxes currently exceed $117,000 so she is borrowing from the reappraisal fund to help her through until tax payments start coming in during August.  Together with the reappraisal funds and the highway money expected next month, no tax anticipation loan will be necessary.  Results of the grievance hearings held June 28th were discussed.  The Selectboard will set the town tax rate at their next meeting so that the tax bills can be printed and mailed ASAP.  

Creek Road Bridge Engineering Cost. The Selectboard reviewed the project phases and tasks from DuBois & King, the only bidder, to evaluate the existing conditions of the bridge and design repairs.  Their cost is $21,139 and the budget is only $15,000.  Therefore, they will be asked if they will perform all of the services for $15,000; reduce their scope to $15,000; or evaluate the deficiencies and come up with a rehab plan including making it a one lane bridge.  

Request for Architectural Services for Town Garage.  A draft was reviewed by the Selectboard.  J. Gilman made additions to include requesting the cost for each option (rehab vs. new), and the reports from VLCT, the energy audit, and scope prepared by Jay White will be mailed along with the request.  J. Gilman made a motion to mail out the requests with the changes noted and a due date of August 31st, which was seconded by B. Brooks.  Motion carried (4-0).  

Other Business.  Julie reported that Mark Youngstrom from Otter Creek Engineering stopped in today to report that his company will be working with the South Wallingford Water Company to replace the water line along Homer Stone Road , from the railroad tracks southerly to Audy Lane.  He and Road Commissioner Charlie Woods inspected the site, and O.C.E. will submit a street excavation permit to Charlie.

B. Brooks moved to enter executive session at 8:00 p.m. with J. Sharon and J. Barbieri present, to discuss a legal issue and a contract.  J. Gilman seconded the motion.  Motion carried (4-0).  The Selectboard returned from executive session at 8:58 p.m.  

Act 250 Land Use Permit Violation Proposal.  The Selectboard approved Attorney John Liccardi's proposed letter to Natural Resources Board General Counsel John Hasen regarding the Town’s violation of the Act 250 Land Use Permit relating to the operation of the former gravel pit on Waldo Lane by the Wallingford Park Association, on a motion made by B. Brooks, and seconded by J. Gilman.  Motion carried (4-0).  

There being no further business, the meeting adjourned at 8:59 p.m.

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