Wallingford Selectboard Minutes

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March 21, 2011

Present:  Bill Brooks, Frank Bruce, Charlie Angel, Joshua Gilman, and Nelson Tift

Visitors:  Joyce Barbieri, Jerry Tift, Peter Hathaway, Tom and Kim Phillips, Charlie Woods, Sandi Switzer, and a student observer from VTC

Zoning.  Zoning Administrator Peter Hathaway came to the meeting to explain how he intends to react if Tom Phillips’ plans to excavate his Waldo Lane property without obtaining a zoning permit.  Mr. Phillips reported that he received his first permit in 2007 for a subdivision, which he feels included the excavation of the site.  He described how he appeared before the DRB on September 21, 2009 with a new zoning application; however, was informed that he could continue excavation under his expired permit; therefore the zoning permit application was withdrawn. However, there is no documentation to be found on this.  Mr. Phillips is adamant that he does not need a new permit and cited case law in regards to another Wallingford permit that had expired, was renewed but then appealed unsuccessfully, which he perceives is similar to his situation. 

This matter is also complicated by the fact that there is a court settlement agreement signed by the Phillips, the Whittemores and the Town, which states that “Phillips may remove up to an additional 20,000 cubic yards from his property no later than 10/1/09……  After the removal of this material, Phillips shall request site plan approval from the Town if he wishes to make any further development of his property”.  Mr. Hathaway feels that Mr. Phillips needs to apply for a permit for additional excavation because not only did the 2007 permit expire after two years, but that the good faith ended when the Phillips signed the court settlement agreement.  

Mr. Phillips also submitted to the Selectboard a written estimate for him to reclaim the town’s property per the specs and drawings from Willis Consulting Engineers by taking material from his property at a cost of approximately $90,000.  He reported that he shared this quote with Bill Burke as well. 

The discussion concluded that the Zoning Administrator must administer the municipal bylaws pursuant to Vermont statutes and respond accordingly.

Minutes.  J. Gilman wanted to clarify who made the motion to nominate Ben Clark to the DRB.  F. Bruce approved the minutes dated March 7^th; motion seconded by C. Angel.  Motion carried (5-0). 

Selectboard Orders.  F. Bruce made a motion to approve the pay orders totaling $22,745.51, which was seconded by C. Angel.  Motion carried (5-0).  

Constable Jerry Tift.  Newly elected Constable Tift introduced himself to the Board and reported that he is completing training at the police academy now.  He requested $600 from this year’s budget for installation of a radio.  N. Tift explained what is needed to receive provisional certification.  The radio purchase was approved on a motion made by J. Gilman and seconded by F. Bruce.  Motion carried (5-0).  

Road Commissioner’s Report.  Newly appointed Road Commissioner Charlie Woods discussed wash outs, road ruts, and sure pak.  There was discussion on finding a part-time worker for the Highway Department.  At the request of C. Woods, F. Bruce made a motion to authorize Charlie to receive a paycheck for 40 hours of his accrued comp time; motion seconded by B. Brooks.  Motion carried (5-0).  

Use of Town’s Mailing Permit Request.    On a motion made by F. Bruce and seconded by C. Angel, approval was given to the Gilbert Hart Library to use the town’s mailing permit.  Motion carried (5-0).  

2011 Liquor License Renewals.  On a motion made by N. Tift and seconded by F. Bruce, approval was given for liquor licenses for Sal’s, the Pub, the Victorian Inn, Mac’s, Wallingford Country Store & Deli, Midway Mobil, White Rocks Inn, and Cumberland Farms.  Motion carried (5-0).  

Annual Appointments.   Larry Miller turned down the DRB reappointment as he wishes to retire and Ben Clark did not accept the DRB appointment due to his work schedule.  Hans Huessy has agreed to serve on the DRB and was appointed on a motion made by N. Tift, and seconded by J. Gilman.  Motion carried (5-0).  J. Gilman agreed to serve as the alternate on a motion made by B. Brooks, and seconded by N. Tift.  Motion carried (5-0).  Dog Warden Ben Morgan has given his two weeks’ notice, and F. Bruce agreed to accept this position, on a motion made by B. Brooks and seconded by N. Tift.  Motion carried (5-0).  N. Tift stated that this position should be responsible for all animals, and Joyce thought all animals should be looked in to.  

Other Business.    There was more discussion regarding the zoning issue.  It was agreed that the Selectboard has to back up the Zoning Administrator and that the court settlement agreement must be adhered to.  Joyce suggested that the Zoning Administrator document a timeline of events.  B. Brooks wants to work with Mr. Phillips to reclaim the slope.  J. Gilman made a motion that the Town Agent has permission, if needed, to contact an attorney; motion seconded by N. Tift.  Motion carried (4-1) with B. Brooks opposed.  

On behalf of Tom Larson from Finley Engineering, Joyce requested permission to place new fiber telephone cable for VTEL to the Town Hall.  Entrance points will be near the electric panels/meters.  This request was approved on a motion made by B. Brooks, and seconded by N. Tift.  Motion carried (5-0).  

J. Gilman will talk to Jay White and get the quotes on the rehab for the town garage so they may be presented to the Selectboard for consideration.  

There being no further business, the meeting adjourned at 7:45 p.m.

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