Wallingford Selectboard Minutes

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

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September 4, 2007

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

Visitors:  Mark Blucher, Jill Burkett, Joan Crowley, Tom Phillips, Dennis Smith, Rob and Sue Carey, and Sandi Switzer  

Chair B. Lohsen opened the meeting at 7:02 p.m.  

Minutes.  The August 20^th minutes were approved on a motion made by G. Gilman and seconded by C. Angel.  Motion carried (3-0).  

Selectboard Orders.  Julie reported that the Mac’s bill should be changed to Mac Equipment & Steel for a hydraulic line for the Ford 550 (#5305) with no change in the amount.  She explained the bill to the East Wallingford Fire District.  Pay orders totaling $33,563.50 were approved on a motion made by C. Angel and seconded by G. Gilman.  Motion carried (3-0).

Public Comment.  Rob and Sue Carey attended the meeting in response to a complaint by Judith Brown  about the smell and constant noise coming from their chickens being housed in their garage.  Mr. and Mrs. Carey were cited by Town Administrator J. Sharon to be in violation of Title 4: Health and Welfare, Regulation of Animals, §4213 which prohibits the keeping of animals within 150 ft. of the dwelling of an adjoining property owner.  The notice was issued by the Town after receipt of a report from Doug Johnstone of the Agency of Agriculture, who visited with the neighbor and declared that the raising of guinea hens did not appear to meet the required criteria for the “farm structure exemption”.  The Carey’s felt the ordinance was illegal as they live in an area zoned Agricultural/Rural Residential.  The Town Plan does not include this ordinance and in fact, encourages small agriculture.  Following further discussion about the ordinance, the Selectboard agreed to “stop the clock” on this issue until Mrs. Carey hears back Mr. Philip Benedict, Director of the Agricultural Resource Management and Environmental Stewardship Division.

Municipal Planning Grant.  Mark Blucher gave an update on the municipal planning grant that the Planning Commission received last fall.  Future development potential within the village and its effects on town utilities can be developed by using the software provided by the grant funds.  The Rutland Regional Planning Commission has already done a lot of work with this project.  A few meetings were held with an informal village working group last February and the RRPC made a presentation to the Wallingford Rotary Club in March in order to begin the community outreach phase.  Since then, no additional meetings have been held; the Selectboard rep resigned and the Planning Commission did not assign a representative.  Mr. Blucher plans to make this same presentation to the Planning Commission next Monday night.  The Selectboard agreed this project will benefit the Planning Commission with future planning.  Mr. Blucher stressed the need for Selectboard input.

Route 140W Traffic Count Report/Changing Speed Limit.  The Selectboard reviewed the data provided by RRPC as a result of the traffic counter placed on Route 140 West for a two-week period.  The counter recorded an average of 1,635 vehicles daily.  The 85^th percentile speed (the speed at which 85% of the vehicles are traveling or lower) was 45 mph.  The pace speed was 36-45 mph (the 10 mph block the largest number of vehicles can be expected to be traveling).  The calculation showed a high number of 42 mph and a low number of 36 mph.  Based on these calculations and the recent study, RRPC reported the current speed of 40 mph seemed reasonable and within the statutes.  The current speed is 25 mph from the intersection of Route 7 westerly to the crossing of Otter Creek, then 40 mph to the Tinmouth town line.  The Selectboard had discussed continuing the speed of 25 mph past the bridge to a point east of the Elfin Lake Road as they felt vehicles traveling 40 mph when approaching the bridge was excessive.  Mark Blucher agreed that this speed reduction would be a compromise, based on the results of the report.

Mr. Blucher plans to talk with the Planning Commission about changing the Town’s flood hazard regulations as a result of the proposed flood plain maps recently released by FEMA for towns in Rutland County .  Mark brought maps prepared for the town that show the existing flood hazard area, the proposed flood hazard area, both shown with an overlay, and the areas that have dropped out and have been added to the flood hazard area.   He reported that he has a list of addresses of those properties that are now “in” and those that may “no longer be in” the proposed flood hazard areas.

Caterer Licenses.  B. Lohsen moved to approve a caterer license for Rubber Boot Farm for a wedding at the White Rocks Inn on 9/29; motion seconded by G. Gilman.  Motion carried (4-0).  B. Lohsen moved to approve a caterer license for Constance Mendell’s Occasions Catering for a wedding at the White Rocks Inn on 9/22; motion seconded by G. Gilman.  Motion carried (4-0).

Public Comment.  Dennis Smith discussed his concerns regarding his current zoning application.  There was discussion about having RRPC hold a “ zoning 101” class for all new and existing Planning Commission and Board of Adjustment members.  Mr. Blucher encouraged the Zoning Administrator to contact his office at any time.  Mrs. Burkett had questions on the current status of Mr. Smith’s Route 7 South property violations. 

Notice of Violation.  Julie asked to defer a notice of violation for outdoor storage of junk and junk vehicles because it is difficult to see the alleged junk through the trees in photos taken over the weekend.  She will wait until the leaves are off the trees to take more photos.

C. Angel asked that the piles of garbage in front of a residence on North Main Street be investigated.  He also asked if a residence on Creek Road had applied for a zoning permit.  

07-08 Town Tax Rate.  The education property tax rate set by the state for residents is $1.0765 and $1.0753 for non-residents.  

Joyce Barbieri’s memo reported a grand list of $2,343,599.68, which is an 87% increase over last year’s grand list of $1,255,559.11.  The town budget is $507,453.47, which equates to a town tax rate of $.2165.  Last year the town tax rate was $.3893.  The fire district tax and local agreement tax will be calculated by NEMRC next week.  These figures do not have to be voted on by the Selectboard, as they were already approved by the voters.  B. Lohsen made a motion to set the town tax rate at $.2165, per $100 property value, which was seconded by G. Gilman.  Motion carried (4-0).  

As the Town has just completed its reappraisal, the Zoning Administrator must be diligent in following up on all zoning violations.  The Selectboard discussed the confidentially issue concerning the rebate/prebate information.  

Planning Commission Appointments.  B. Lohsen made a motion to appoint Larry Miller to the Planning Commission, which was seconded by C. Angel.  Motion carried (4-0).  B. Lohsen made a motion to appoint Ed Crelin to the Planning Commission, which was seconded by C. Angel.  Motion carried (4-0).  

Meacham Street .  Steve Jerome from Vt. Local Roads performed a site visit on 8/23 with Charlie Woods.  Mr. Jerome relayed to the Town Administrator that there is a 100’ ditch line that runs into the Town’s catch basin, which should not be allowed.  He indicated that a hydraulic study could be performed to know what is draining into these yards.  He also noticed that the stream near Mr. Csizmesia’s appears to have been altered and asked if a permit was obtained from the state.  Fred Nicholson of the Agency of Natural Resources told Julie that the Town can contact any PE for a hydraulic study, but he feels this water issue is a civil matter.  The Selectboard would like to review Mr. Jerome’s written report.
 

Other Business/ Ann ouncements.  B. Lohsen asked for input on the payment from Currier Memorial School in the amount of $754.  Sue Duskiewicz has requested $463, which is the total due for the Danby kids who participated in the Wallingford summer rec program.  Sue uses the money to buy the daily snacks, crafts, prizes, and lunches when they have their “all day” at the lake.  The Selectboard agreed that Sue should be reimbursed.  B. Lohsen made a motion to amend the pay orders to include a $463 payment to Sue, which was seconded by C. Angel.  Motion carried (4-0).

Someone asked if the zoning permits posted at the Post Office could include all the pages of the permit.  The Town received payment from FEMA for $10,412.93 for the storm damage in April.

B. Lohsen made a motion to move into executive session to discuss contracts; motion seconded by C. Angel.  (Motion carried 4-0).  Board members entered Executive Session at 8:45 p.m. and were joined by J. Sharon .  The Selectboard came out of executive session at 9:20 p.m.

B. Lohsen made a motion to execute an amended contract with DuBois & King, Inc. for $500 to assist the Town in writing the enhancement grant application for the next phase in the Route 140W Bridge .  The motion was seconded by G. Gilman.  Motion carried (4-0).  B. Lohsen made a motion to execute a contract with DuBois & King, Inc. for estimated fees of $6,000 for the bid phase and $25,000 (up from $20,750) for the construction phase.  The motion was seconded by G. Gilman.  Motion carried (4-0).

C. Angel made a motion to adopt the speed limit on Route 140W (TH #1) to a speed of 25 mph from the intersection of US Route 7 westerly to a certain point just east of the Elfin Lake Road and then 40 mph westerly to the Tinmouth Town Line.  G. Gilman seconded the motion.  Motion carried (4-0).

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