Town of Danville

Selectboard Minutes

October 18^th, 2007

The Selectboard met at the Danville Town Hall on Thursday October 18^th, 2007. Michael Walsh called the meeting to order at 6:00 pm. Selectboard present were Marion Sevigny, Marvin Withers, Doug Pastula, Denise Briggs and Michael Walsh. Also present were Kevin Gadapee, Leslie Parker, Jefferson Tolman, Merton Leonard, Jeremy Withers, and Jason Crocker, and visitors Barb & Gary Fontaine, Mary Adams, Scott Palmer, Rick Sevigny, Leonard Carson, Ed Hebebrand, Jerry Randall, Joe Hallowell, Tom Forster, and reporter Sally Anderson Cook.

Doug Pastula amended the minutes noting that the Fire Wardens name is Jason Crocker and the word - the - should be - that - after ordinance. Marvin Withers moved to accept the Oct 4^th minutes as amended, Marion Sevigny seconded the motion, and the minutes were approved as amended.

Leslie Parker introduced the new manager of EarthTech, Jefferson Tolman. After introductions, Mr Tolman presented the compensation adjustment for the plant-operating contract with Earth Tech. As the Consumer Price Index has an increase of 1.84% over last year, this equates to an increase in EarthTech’s contract of $855.46 for the next year. The maintenance budget has $876.00 left in the budget, which they propose be rolled into next years maintenance budget. The cost of heating was $507.40 over the heating fuel cap of $1000.00, which will be billed to the town. Merton asked Mr Tolman if this amount left in the maintenance budget included the amount that was rolled over to the maintenance budget last year, he didn’t know but would check on it and get back to us. Denise moved to accept the compensation contract with EarthTech for the next year pending clarification of last years maintenance balance; motion seconded by Marvin Withers and was approved.

The Speed Ordinance as amended by VLCT, to limit the speed limits on all unpaved roads was again presented and discussed. An opinion from VLCT lawyer Jim Baxter was received to the effect that “ the ordinance, as amended, would comply with all the applicable requirements of Vermont law and would be fully enforceable.”

The Board has long been concerned with the speed of motor vehicles on the dirt roads as more houses are being built every year and traffic is increasing. There has been several requests over the past few years about excessive speed on the dirt roads by homeowners. This year the residents of Morrill Road presented a petition in favor of lower speed limit on their road citing the narrowness of the road, increasing pedestrian traffic, and general increase in traffic using the road. Denise Briggs who also drives a school bus on these back roads said that it isn’t safe to be walking on the dirt roads because of the speed, the cars are not stopping for the school buses, and the children have to walk on the roads after they get off the bus. There is also an increased interest in horseback riding on the rural roads. Doug Pastula feels that a little more time should be taken to think about the ordinance rather than rush into it. Michael Walsh adds that cars just go to fast for the road conditions on his road, and moves to approve the speed ordinance reducing the legal speed limit on all dirt roads in Danville to 35mph, the motion seconded by Denise Briggs. Additional discussion included unanswered questions of how to pay for signs, who would get theirs first, how would the ordinance be enforced, etc., but it was generally felt that the ordinance was the first step. Michael Walsh moved the question, Denise Briggs seconded the motion, which passed, and the vote was then called on the speed ordinance motion, which passed 4 votes to 1.

Forest Fire Warden Jason Crocker and Deputy Forrest Fire Warden Jeremy Withers returned to discuss their revised burn ordinance. Their recommendations would give a warning for the first offence of burning without a permit, and then a fine of $250.00 for each successive burning without obtaining a permit. The revised ordinance also includes a request from the assistant fire chief Troy Cochran that the fire department be allowed to extinguished any uncontrolled fire that the fire department be called to, whether there was a permit or not and to include the out of controlled fire as a ticketed offence. Also included is an exemption for campfires, outside grills, and fireplaces. The discussion was rather limited and generally in favor of the ordinance. Denise Briggs moved to approve the ordinance as written and to move ahead with getting the tickets printed, Marvin Withers seconded the motion, which was approved.

Visitor and former employee Scott Palmer was present to express his dissatisfaction with the way Merton Leonard, copied his file, the time it took to get the copies, the items put in his file, items not in his file, the way the minutes are written, being harassed when he worked for the town, the inaction on his requested leave of absence after he had quit, the denial to his requested mediation, his last evaluation, the conflict of interest of board members, etc. Scott was asked what he was seeking, and after several requests he said he would like a panel setup to investigate his file to see if there is a problem with it. Marvin Withers responded we dealt with it meeting after meeting after meeting. Visitor Rick Sevigny responds that you quit there is nothing more to talk about. Jeremy Withers spoke up, talking about harassment, what do you know about the rat trap placed under his chair at the town garage to intimidate him during working hours, Scott Palmer responded that he does know about it, because he did it. On that the Board ended the current discussion and will decide any action to be taken later.

Kevin reported that they have completed a lot of work including, finishing the FEMA work on Morrill Road, erosion problem running into Joes Pond funded by a grant from the Caledonia County Natural Resource Conservation District, installed signs on Highland Avenue changing it to one way to comply with the Act #250 permit, and they hauled more winter sand. They will be hauling more sand, installing several new culverts, getting plow equipment ready, and he and Donald will attend a Better Back Roads training in St Johnsbury.

Merton reported that: the Planning Commission is holding their public hearing on the revised bylaws upstairs in the auditorium; that he talked to Peter Gallerani about the placement of his new driveway near the fire station, and the result is he will have drawings made of his proposal to present to the town and fire dept; that the West Danville Community Club is requesting to tear down the old bath house at Joes Pond; he has received an application for an act #250 permit for an expansion at Marty’s Store; and paving will take place through Danville Village next week.

A discussion followed about the old bathhouse on Joes Pond and it was felt the West Danville Community Club should pay for the demolition or find a volunteer to do it. They also need to make sure that they will be allowed to replace the bathhouse by the state, that they should request any money that they need at town meeting. Michael will try to visit the building to better understand its condition.

The Board reviewed the budget and expenditures for the past two weeks, and signed the current order sheets.

At the request of Merton Leonard, Marvin Withers moved to go into an executive session to discuss a personnel matter, motion seconded by Marion Sevigny and was approved, the board went into executive session at 7:52pm. The board emerged from executive session at 8:25pm. Merton stated that any action taken by he or Kevin concerning the personnel issues of last year were directed by the lawyer hired by the Board or by the Board itself. Michael Walsh moved to direct Merton to contact the lawyer to request he attend the next board meeting, Marvin Withers seconded the motion, which was approved.

With no further business, the Board adjourned at 8:34pm.

Respectfully Submitted,

Merton Leonard

Clerk of the Selectboard

Town of Danville

Send mail to Mert.Leonard@DanvilleVt.com with questions or comments about this web site.