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[0:11]
It's 6:32. I'm going to bring the
[0:12]
meeting order. Would you like to stand
[0:16]
alone?
[0:21]
I pledge algiance to the flag of the
[0:25]
United States of America and to the
[0:27]
republic for which it stands. One nation
[0:31]
under God, indivisible, with liberty and
[0:35]
justice for all. Thank you.
[0:40]
Agenda review. Is there anything on the
[0:42]
agenda that anyone would like to change
[0:44]
or move around?
[0:47]
Um, is this a point to add for future
[0:49]
agenda items, too? Was that No, we'll do
[0:52]
that when we get that. Okay. All right.
[0:56]
Okay. Okay. Comments from any select
[0:59]
board members. Anything not on the
[1:01]
agenda? I just want to say as I just
[1:04]
said to Kelly, I have seen more of the
[1:06]
sheriff's department in the last nine
[1:09]
days than I have seen
[1:12]
of our previous chief in many years many
[1:14]
years.
[1:16]
which makes me very happy.
[1:20]
Manager, anything? Oh, I can reserve our
[1:23]
report. Thank you. Citizens, anything
[1:26]
not on the agenda?
[1:29]
Mrs. Erison. Oh, yes. Erison. Uh, Chip
[1:34]
Co wanted me to uh make sure that
[1:36]
everyone knew that he had written a
[1:38]
comprehensive history of the
[1:40]
Weathersteel Veterans Memorial Monument,
[1:42]
the Monument Committee, and the Veterans
[1:43]
Committee. copies are available at the
[1:46]
library and at the historical society,
[1:49]
but the library's copy will be the one
[1:51]
that will circulate. Anyway, he just
[1:53]
wanted me to to make sure that everyone
[1:55]
knew that all questions can be answered.
[1:59]
Thank you.
[2:01]
Anybody else?
[2:05]
Review minutes from the previous
[2:06]
meeting.
[2:11]
Um, yes, there were
[2:15]
Oh, there's one place where it says I'm
[2:16]
Mr. Henderson.
[2:19]
And there's one of the fireworks display
[2:25]
calls for fireworks right there. Um,
[2:29]
then there was something else that was
[2:32]
also not grievously well, but it's
[2:36]
sitting next to a long
[2:46]
Motion to approve minutes. I am approve
[2:51]
that minutes to mister. No m
[2:56]
we approve the minutes of May 27th,
[3:00]
2025.
[3:03]
There a second. I second.
[3:07]
Any discussion?
[3:10]
All those in favor? I I
[3:14]
Oh, I know. Um,
[3:17]
is Janessa Road is that still
[3:19]
recognition
[3:34]
fireworks display?
[3:36]
Did everyone have an opportunity to
[3:38]
review the memo? Any questions for me?
[3:44]
Um, not in terms of this particular case
[3:47]
and any broader question of fireworks.
[3:49]
So, let's do this one. Okay.
[3:56]
Great. Uh, the recommendation is to deny
[3:58]
the application.
[4:08]
It was graduation tonight. Um, yeah, he
[4:12]
wasn't able to make it over here. I did
[4:15]
I have been in communication with him
[4:17]
and I told him I'd give him an update
[4:19]
tomorrow. So
[4:27]
did he did he have any comments or
[4:29]
questions regarding the
[4:32]
questions that
[4:34]
you you post in the in the the memo?
[4:36]
Yeah, there has been ongoing
[4:38]
communication. Um we did a lot of
[4:40]
research and um what we found is that
[4:43]
Springfield is also in a similar issue.
[4:45]
They haven't approved any applications
[4:47]
this year. After the Supreme Court
[4:49]
ruling, evidence discovered that um the
[4:53]
select board only has the authority to
[4:55]
approve uh supervised public displays.
[5:00]
Um and this is for a a private display.
[5:08]
The implication being the others can't
[5:11]
be held or we just don't have any
[5:13]
control of them.
[5:15]
Um, according to the law, the select
[5:17]
board can only approve public displays.
[5:22]
This isn't a public display.
[5:37]
So in in the second paragraph there, in
[5:40]
accordance with 20 VSA 3132, it has been
[5:43]
interpreted by the Vermont Cycling Court
[5:45]
and also as guidance from the Vermont
[5:47]
Division of Fire Safety directs the town
[5:50]
is only authorized under title 20 of the
[5:52]
Vermont statutes to issue permits for
[5:54]
supervised public displays of fireworks.
[5:59]
Um the way that the town attorney is
[6:01]
interpreting that um is fairs holiday
[6:05]
celebrations or other public gatherings,
[6:10]
but this is a private display. Correct.
[6:13]
So that doesn't apply.
[6:16]
No. Okay.
[6:19]
Um can you I understand
[6:24]
back up. I think that Yeah,
[6:30]
that the fact that the insurance doesn't
[6:32]
appear to cover damages from from
[6:36]
fireworks.
[6:38]
He did contact his insurance carrier and
[6:41]
he's waiting to hear back from them on
[6:43]
whether they would cover it.
[6:45]
And I think based on what I've
[6:50]
what we've been talking about with the
[6:52]
town attorney and also other towns, if
[6:55]
the town granted the firework
[6:58]
defleation,
[6:59]
it wouldn't be following the letter of
[7:02]
the law. And if something did happen, we
[7:04]
could be at risk of liability if the
[7:09]
damages were beyond with an insurance
[7:11]
cover. So, which letter of the law would
[7:13]
we not be in compliance with if we
[7:15]
approved this application? It's not a
[7:18]
public a supervised public display, but
[7:20]
it's not a public display. It's a
[7:22]
private party, right? Correct. I'm I'm
[7:25]
confused. So, it's the town only has the
[7:28]
authority to grant uh firework permits
[7:32]
for supervised public displays. Oh, so
[7:35]
we can't approve any application for
[7:36]
private. Correct.
[7:41]
But can we prohibit it? And is that
[7:43]
based on I'm sorry. Is that based on the
[7:47]
recent Supreme Court ruling? It was
[7:49]
certainly our This person didn't stand a
[7:52]
chance at complying because our policy
[7:54]
says nothing about that. That is
[7:56]
correct. Um and I did go over that with
[7:59]
the town attorney and the town attorney
[8:01]
did issue additional guidance for that
[8:03]
if you'd like me to.
[8:06]
Well, I would. Yes. Okay.
[8:09]
because this isn't in the Supreme Court
[8:11]
decision is not in the state statute
[8:13]
which as of today said it was current to
[8:16]
2024. So was this Supreme Court decision
[8:19]
since then? It was the 2020
[8:24]
Supreme Court ruling the town of
[8:26]
Colchester um versus
[8:35]
certainly the language supervised public
[8:38]
displays is not in the state statute.
[8:40]
It's not in our policy.
[8:42]
So
[8:44]
given that it's my understanding we
[8:46]
approved this application last year. I
[8:50]
there was no approval for an application
[8:52]
last year. There wasn't an application
[8:53]
last year. I think it's a
[8:55]
misunderstanding.
[8:57]
Okay. So the fireworks that we set up
[8:59]
last year were done without a permit.
[9:00]
Correct. Yep. I feel better now. So
[9:05]
according to town attorney, it looks
[9:07]
like many of the past applications had
[9:09]
Northstar fireworks as the operator and
[9:11]
they had insurance. So if those were for
[9:13]
public displays, I think those permits
[9:16]
were appropriate. Even if they were not,
[9:18]
the Supreme Court has highlighted that
[9:20]
the statute is very poorly written and
[9:22]
lacks clarity. So the town would not be
[9:24]
bound to approve similar permits going
[9:26]
forward just because it may have done so
[9:28]
in error in the past.
[9:30]
I I think that makes more sense. the
[9:32]
fact that this is not a public display.
[9:35]
I wouldn't bring into this because I
[9:37]
don't think our policy or state statute
[9:40]
says that.
[9:42]
Yes. And and we both uh both the town
[9:45]
attorney and I do believe the policy
[9:47]
needs to be updated. Um so we're going
[9:49]
to be bringing that forward. There's
[9:52]
also been another fireworks application.
[9:54]
We're working with um with that
[9:57]
gentleman to determine whether his is a
[9:59]
supervised public display or not. And if
[10:02]
it is, we'll be bringing that
[10:03]
application forward. So the lack of a
[10:06]
competent operator. Yep. That's one.
[10:09]
This despite there being no definition
[10:11]
of that, but no one has been identified
[10:13]
in this application as being
[10:15]
responsible.
[10:18]
Northstar fireworks in the past has been
[10:20]
the competent operator for but in this
[10:22]
application they're not mentioned. Nope.
[10:24]
So okay. and the lack of insurance and
[10:28]
we did not have police sign off on this
[10:30]
application. If I recall, we had fire
[10:32]
department but not police. Yes, that is correct.
[10:37]
[Music]
[10:38]
I had Josh over here first hand up.
[10:44]
Um my question is is state law is there
[10:46]
a state law that prohibits any type of
[10:49]
fireworks that are personal use not for
[10:51]
public use? Yes. So if we
[10:55]
it's just as simple as I'm gonna pull
[10:58]
this up here.
[11:01]
So if you go to just Google are
[11:04]
fireworks legal in Vermont. Um what you
[11:08]
find is in Vermont fireworks are
[11:11]
generally illegal with the exception of
[11:12]
permitted supervised public displays. Um
[11:16]
the use, possession, sale and
[11:17]
distribution of fireworks are only legal
[11:19]
after a permit is obtained for a public
[11:21]
display. And then if you type in
[11:23]
somewhere like Maine, yes, consumer
[11:26]
fireworks are legal in Hampshire.
[11:29]
Yes, Mr. Palmer. So there's a difference
[11:32]
even when you just search.
[11:36]
Uh so just to jump in here, talking
[11:38]
about police approval, doesn't sound
[11:40]
like anything that I would sign off on.
[11:42]
It sounds like it's uh going to cause a
[11:45]
lot of headaches. People in town
[11:46]
generally complain about fireworks that
[11:48]
are not part of a public display during
[11:50]
late July 4th or those type of things.
[11:52]
We get a lot of complaints on that. And
[11:54]
uh just as Brandon said there, fireworks
[11:57]
are not legal to uh shoot off or possess
[12:03]
a town permit. in the
[12:06]
however where Turby is is not to me it
[12:10]
doesn't sound like it meets the
[12:12]
you know the category of a public
[12:15]
display and stuff. So my advice is law
[12:18]
enforcement for your community would be
[12:20]
just to exist and unfortunately it's too
[12:23]
bad for them
[12:26]
I don't think it would make sense to
[12:27]
approve it. soon.
[12:31]
So, you're saying he won't sign this
[12:33]
application?
[12:34]
From the little bit I know, it sounds
[12:36]
like it doesn't meet that
[12:40]
um laid out in statute and I miss what
[12:42]
the Supreme Court decision was. Branch,
[12:44]
what did they say in the Supreme Court
[12:46]
decision? So, the um let me pull that up
[12:49]
real quick. Can I just finish my
[12:51]
thought? I just our application, our
[12:54]
policy requires sign off from police and
[12:57]
fire. And if we have fire, but if the
[13:00]
police department is not going to sign
[13:02]
the application, then that does give us
[13:03]
very clear grounds without getting into
[13:06]
the Supreme Court decision on this
[13:08]
application or denying. Okay. I'm
[13:12]
uncomfortable denying it on the grounds
[13:14]
of something that none of us had seen
[13:16]
before tonight and certainly this
[13:17]
applicant was not aware of. I think but
[13:20]
state statute is very clear that state
[13:22]
statute does not reference the Supreme
[13:24]
Court decision. Okay, sorry. But state
[13:27]
statute does say that the select board
[13:29]
only has the authority to approve
[13:30]
supervised public displays. I did not
[13:32]
find that language in 3132.
[13:36]
But so case law and statute are two
[13:38]
different things. But the Supreme Court
[13:40]
so case law is a a court interpreting
[13:43]
the statute and if so if their
[13:45]
interpretation
[13:47]
uh which happened after the statute was
[13:50]
passed if they say u is for public
[13:53]
displays that's the interpretation of
[13:55]
the law and that's how the law ends up
[13:57]
being enforced. So even though the
[13:58]
statute has some uh
[14:02]
vagness there with the Supreme Court
[14:04]
making a ruling on it, that's how that's
[14:06]
called case law. And so that's how
[14:08]
legally then um law enforcement in the
[14:12]
lands to interpret how that statute is
[14:15]
to be enforced. And I beg forgiveness.
[14:17]
Under item uh B, the state fire marshall
[14:21]
may adopt reasonable rules for granting
[14:23]
permits for supervised public displays
[14:25]
of fires. It's not under the part that
[14:27]
applies to what we can do. So that's why
[14:29]
I blanked that out, but it is there. So
[14:32]
anyway, I I'm just I want to be very
[14:34]
clear on if I vote to deny this that
[14:37]
it's on
[14:38]
grounds that are quite solid and clear
[14:40]
that the applicant is not able to comply
[14:42]
with our current policy in our
[14:44]
application.
[14:48]
John
[14:55]
fireworks for about 13 years for
[14:57]
Northstar fireworks. And most all the
[15:00]
shows that I've done have been display
[15:02]
which are the bigger stuff. Uh once in a
[15:05]
while Northstar does do class, it's
[15:07]
called class C and 1.3 which is the
[15:11]
display. Um, I took the time because it
[15:14]
interested me because of uh my
[15:16]
association with Northstar to try to
[15:18]
follow this and see what u interpret it.
[15:22]
So I contacted U Landon Wheeler with
[15:25]
second command at fire uh safety in
[15:28]
water and I asked him about public
[15:31]
versus private and his comment this is
[15:34]
going to be pretty much a quote. If it's
[15:36]
in front of an audience it's public. He
[15:39]
said, he said, "We do not consider any
[15:42]
show private."
[15:45]
What he said. Um, but with that said, I
[15:48]
will say that Vermont state law has not
[15:51]
been changed in a long time. I'm not
[15:54]
even sure when the the statute that's in
[15:56]
force right now was written, but it it
[15:59]
and it's and it's lacking. And uh
[16:01]
there's been some efforts in the past to
[16:03]
get it modified so that it was a little
[16:05]
cleaner and didn't throw the
[16:07]
responsibility on every select board in
[16:09]
the state of Vermont to decide yay or
[16:12]
nay. And I asked him about responsible
[16:14]
operator. This is what he said. And this
[16:18]
once again I'm talking about the
[16:20]
consumer stuff that you can buy in
[16:21]
Vermont. There's two stores in Vermont
[16:23]
that sell fireworks or you can buy
[16:24]
across the river. And he said did they
[16:28]
read the directions that came with it?
[16:30]
Did they follow him? And that was the
[16:32]
end of what he said. Uh there is no
[16:34]
certification in Vermont for a certified
[16:38]
fireworks operator. I don't have a
[16:40]
certification in Vermont. It's expired,
[16:43]
but I have one in New Hampshire that's
[16:44]
tested. Should Vermont get a little more
[16:47]
strict? They probably should. Are there
[16:50]
problems in Vermont with fireworks? Yes,
[16:52]
there are. But the problem is when the
[16:54]
town doesn't know about them, um,
[16:58]
leaving the neighbors concerns aside,
[17:01]
it's a lot easier if you know that the fireworks are going to go on. As far
[17:06]
as the public or private, if you take
[17:08]
that to an extreme,
[17:10]
um, I'm going to use another example
[17:12]
that was in my house. We put on a
[17:14]
fireworks show for my daughter's
[17:16]
wedding. You wouldn't have been able to
[17:17]
permit because it's not public. You had
[17:19]
to be invited. that would and if that
[17:21]
gets taken to an extreme in Vermont,
[17:24]
nobody will be able to put on a
[17:25]
fireworks show unless they invite the
[17:27]
whole community. Maybe it's a good
[17:29]
thing, maybe that's a bad, but it
[17:30]
nonetheless, it isn't what
[17:35]
fire prevention has in mind. Keep in
[17:37]
mind, they said, and this is a quote,
[17:39]
it's not in writing. He just said, if
[17:42]
it's in front of an audience, it's
[17:44]
public. I would challenge that if I was
[17:47]
a grammar expert, which I'm not, but
[17:51]
they really do need to to tighten up the
[17:53]
laws and and figure out so that it
[17:55]
doesn't put the onus on you guys. And
[17:57]
another thing he said was it's whatever
[17:59]
the select board is comfortable with.
[18:01]
And you know, I looked at the
[18:02]
application and his sentbacks met code
[18:07]
um in NFDA. Part of the law is NFDA 1193
[18:12]
and it says 70 ft for every inch of
[18:15]
shell. He's got inch and 3/4. So he's
[18:17]
got to be 125 ft away from uh his
[18:20]
audience and he's got that. Um the even
[18:23]
the shows that we shoot, we shoot up to
[18:25]
6 in and then you go out 350 ft. And if
[18:29]
it's even a variances on that, you can
[18:31]
angle it and you can cut it by one/3.
[18:34]
Um, but anyway, that that's kind of a
[18:36]
secondary thing. But I think the way
[18:38]
that fire prevention is interpreting it
[18:41]
is is important. Um, but it's your guy's
[18:44]
decision to make
[18:48]
somebody else over there. I can't see
[18:50]
who it is.
[18:52]
Yes. I don't know what Wayne Johnson I
[18:54]
don't know what's the laws have changed
[18:56]
over the years but I do know that when
[18:58]
my kids graduated college I came to the
[19:01]
town it was back a few years when Peter
[19:03]
Cole was still the town manager and Dick
[19:07]
uh Brown was the chief of police and I
[19:09]
asked if I could get a firework display
[19:11]
what could I do could I put on put on
[19:13]
fireworks the what Dick told me is
[19:17]
fireworks other than the spacers and
[19:19]
stuff are illegal in Vermont illegal to
[19:21]
be sold or purchased in Vermont. He
[19:23]
goes, "No, if they miraculously somehow
[19:25]
appear in your garage, his words, he
[19:28]
goes, I don't know anything about it,
[19:29]
but he goes and Peter told me, uh, well,
[19:34]
there is no fireworks commission. I
[19:36]
don't know when the select board started
[19:37]
granting permits. I don't know when that
[19:39]
happened. My wife was actually working
[19:41]
for the town half of the time, and they
[19:43]
did actually have a fireworks commission
[19:45]
to get grant permits for licensed
[19:48]
operators to put on public fireworks
[19:50]
displays. So it's my understanding that
[19:52]
all fireworks are still illegal over as
[19:54]
what John said there's two places that
[19:56]
you can purchase them. I that's news to
[19:59]
me. I didn't know and I'm you know uh
[20:02]
but from my understanding it was always
[20:04]
did I put on a show? Yes, I did. I still
[20:07]
put on a show but as uh uh
[20:12]
Peter Cole and Chief Brown also told me
[20:15]
at the time. However, be aware that he
[20:18]
said, "If something from your fireworks
[20:22]
lands on your neighbor's roof, sets a
[20:24]
fire." He goes, "You could be setting
[20:26]
yourself up for a lawsuit." And at the
[20:28]
time, the select board was not granting
[20:30]
permits because, as Peter said, also
[20:33]
that could be setting the talent for a
[20:35]
lawsuit. If they're granting permits and
[20:36]
they don't have a firework commission,
[20:38]
the select board, now I don't know when
[20:39]
the select board became the firework
[20:42]
commission, too, but that's all I have
[20:44]
to now. lawsuits could change. I may be
[20:46]
behind foot
[20:49]
people.
[20:52]
Thank you.
[20:54]
I see what I said before. Fireworks
[20:56]
aren't illegal. They're illegal to to
[20:59]
disasseal
[21:01]
to shoot without permit. So waiting.
[21:06]
Uh I was on the board when the existing
[21:09]
ordinance was uh uh hatched out and we
[21:12]
had all the same discussions that you're
[21:14]
having tonight and all the aspects of
[21:16]
it. Nothing's changed in state law. I
[21:19]
can't speak for fire prevention. They've
[21:21]
become more lax or less lax. I I I don't
[21:25]
recall consulting with them. But
[21:27]
nonetheless, we we did take all the
[21:28]
things that you're taking into
[21:30]
consideration.
[21:31]
And we also felt that it was important
[21:34]
to have something on the books so that
[21:36]
people could legally, if you will, shoot
[21:39]
them. And at least the neighbors would
[21:42]
know, and this is a good example, if
[21:43]
that ferment didn't come in, he did it
[21:45]
anyway. By the time um the sheriff's
[21:48]
department got there, whoever happened
[21:50]
to get there, they'd be all done and it
[21:52]
would be their choice whether or not
[21:53]
they cighted. I think it's much better
[21:55]
to have something on the books so that
[21:57]
people can come in and at least attempt
[21:59]
to do it legally as opposed to just
[22:01]
let's face it, you go around on the 4th
[22:03]
of July, there's stuff flying in the air
[22:05]
everywhere. It's part of summer.
[22:12]
Um so
[22:20]
I agree with John and thank you John
[22:22]
because I thought of you. I just didn't
[22:24]
bring you up. I figured you'd come along
[22:27]
some.
[22:29]
Um
[22:32]
maybe would it be possible if we if we
[22:35]
hold off on this until our next meeting
[22:37]
that brings it to the 23rd and brings us
[22:39]
inside of the window. I think it
[22:42]
requires 15 days or prior to the event.
[22:46]
Can we wave that 15 days based on our
[22:49]
situation? give him another two weeks to
[22:53]
give us a writer on the insurance policy
[22:57]
and the name of a qualified individual
[23:00]
if that like you said even
[23:04]
John you could go fire him for him in my
[23:05]
opinion you know more about it than
[23:07]
anybody in the room
[23:10]
um
[23:15]
is that possible
[23:18]
Yeah,
[23:20]
I mean it would have to be a published
[23:22]
display and not a private. Well, I think
[23:25]
but if that definition is correct,
[23:28]
he still need at least to sign off. He's
[23:32]
already said he would
[23:34]
I would have to sign off on it as well.
[23:38]
I mean, if really wants it, I fine. I
[23:41]
sign off. I guess my what I meant by
[23:43]
that is my advice. It sounds like it
[23:45]
doesn't meet the definition. I think
[23:47]
some hearsay of oh this guy said anybody
[23:50]
watching this public from a law
[23:52]
enforcement standpoint somebody's
[23:54]
private property the people you invited
[23:56]
I wouldn't consider that a public
[23:58]
display but not sure that if you guys
[24:00]
really want this person fireworks
[24:02]
display it's fine just sounds like it's
[24:05]
it also if I it also gives the gentleman
[24:09]
an opportunity to come before us as we
[24:11]
had requested he's missed that tonight
[24:12]
because of graduation that's you know
[24:14]
just a scheduling thing. Uh I I would
[24:17]
also Is auxberry online? No, he says
[24:20]
graduation. Oh, because there was the
[24:23]
concern there with the animals. Yeah.
[24:26]
Which I understand as well. See, I would
[24:28]
also maybe afford him another
[24:30]
opportunity to weigh in on this. Um
[24:34]
perhaps there's a question.
[24:37]
He said he was firing an inch and 3/4.
[24:39]
John, excuse me. You said he was firing
[24:42]
an inch and 3/4 was his request. That's
[24:44]
what it says on the application. So, but
[24:48]
we don't know how many how long.
[24:51]
Um I I had some other questions kind of
[24:55]
based on the drawing of where he's
[24:57]
firing the direction he's firing. He
[25:00]
shows a tree line. Is that didn't go
[25:02]
into a field or is that over a forest?
[25:04]
He didn't put down the fallout zone. um
[25:08]
that that ambassador and and I'm not
[25:11]
going to say there's no fallout from
[25:12]
consumer fireworks, but it's pretty
[25:14]
minimal. Okay. Well, again, thank you.
[25:19]
I'm learning more as we go along. I
[25:21]
could ask everybody in the room that has
[25:23]
shot fireworks in their life to raise
[25:25]
their hand.
[25:28]
I I did it. I did it once.
[25:35]
Um obviously over the over the years
[25:38]
since the application
[25:40]
um was presented by whenever that was um
[25:44]
the fire department standpoint has been
[25:47]
meet that we look at the criterias of
[25:50]
the mapping what the safety protocol
[25:52]
that he puts in place and obviously the
[25:55]
conditions of the weather at that point.
[25:58]
Um obviously on there it is um both fire
[26:01]
department permits have to sign off on
[26:02]
it. Didn't matter what side of town it
[26:04]
was. also the fire warden and it does
[26:07]
state in the permit um that that uh I
[26:10]
think it's two days prior to the event
[26:12]
and they have to reach out to the fire
[26:13]
warden uh to uh find out what the uh
[26:17]
fire statuses of um uh if we're going to
[26:22]
allow it or not allow it depending on
[26:25]
the level of fire safety for the forest
[26:30]
fire. Uh but that that's that's why both fire departments have been under
[26:35]
the pressure. Obviously what was brought
[26:37]
up tonight about the statute change uh
[26:40]
versus private versus you know that was
[26:43]
never
[26:45]
this was brought up prior to that.
[26:49]
Thank you.
[26:52]
John made a really good point though if
[26:54]
people are there watching it. It's
[26:55]
public display.
[26:58]
Um, and I think he clarified private
[27:01]
with with the wedding uh analogy, which
[27:05]
is, you know, those are invite invites
[27:07]
only. And maybe I still think if you got
[27:10]
300 people that you invited to a wedding
[27:12]
and you were shooting that's still
[27:14]
public display, you got 300 people
[27:16]
watching it, still an audience.
[27:20]
One of the thing that that Wheeler said
[27:23]
was that they are trying not to adore
[27:27]
it. They don't want to have regulations.
[27:29]
He understands that the existing law
[27:32]
leaves problems like this. But believe
[27:36]
it or not, in Vermont, they don't want
[27:37]
to overregulated or adds add things.
[27:40]
They uh I think they're they're really
[27:42]
uh sherping their responsibility.
[27:45]
And I'll I'm going to pursue that a
[27:47]
little bit with land that um it's not
[27:49]
fair to dump it on every 252
[27:53]
boards in Vermont to make their own
[27:55]
decision. Most of the I tell you right
[27:57]
now that a lot of towns don't even have
[27:59]
a permit system for display fireworks.
[28:03]
We did one in Andover, Vermont, and they
[28:06]
didn't have a thing. So, the office
[28:09]
sends out a generic one. The select
[28:11]
still has to sign off on it, but
[28:13]
nonetheless, it's a generic format.
[28:17]
Do we need a motion to continue? Yeah, I
[28:20]
make a motion to continue review this
[28:22]
application to our next meeting.
[28:26]
So 23
[28:29]
23rd
[28:31]
I'm sorry. No, no, we're we're second before, right? Two weeks
[28:35]
would be 23rd
[28:38]
June 23rd meeting
[28:41]
with the request that the applicant be
[28:43]
present and then
[28:46]
additional insurance information. I
[28:49]
think also answer
[28:52]
public display which I think is the
[28:54]
thing that makes our decision.
[29:02]
Yeah,
[29:04]
that that one bothers me less than the
[29:07]
um um I'll second the motion invincibly
[29:11]
for now and now we go into discussion.
[29:14]
Um I'm more concerned with the you know
[29:17]
somebody knowing that somebody knows
[29:19]
who's handling the event and the fire
[29:22]
that's kind of important.
[29:25]
What does the select board consider a
[29:26]
competent operator? Well, that's what
[29:28]
John Harrison
[29:34]
Well, he might know fireworks. He might
[29:36]
not be confident, but everybody that
[29:38]
comes home with all their appendages.
[29:43]
Um, hold on, Brian. Oh, well, I almost
[29:48]
I mean,
[29:50]
maybe get to the first town controversy
[29:52]
here, but I mean the division of fire
[29:53]
safety's own packet that they put out on
[29:56]
their website. I mean, fireworks are
[29:57]
dangerous in particular, blah, blah, Uh, public fireworks displays
[30:01]
conducted by trained professionals and
[30:03]
supervised by the local fire department.
[30:05]
They're good alternatives. Um, and
[30:07]
again, I just think
[30:10]
I think there's a lot of literature out
[30:11]
there that saying needs to be a public
[30:13]
display. And if you're saying, well, 300
[30:16]
people, but if I wasn't but if you
[30:19]
weren't wanted there, they could kick
[30:21]
you out, right? That's not public. If
[30:23]
you guys hold a Fourth of July
[30:24]
celebration and light off fireworks,
[30:27]
that's public display. I really disagree
[30:30]
uh from a legal standpoint that someone
[30:32]
would say that just because you have
[30:33]
people at your house, that's a public
[30:34]
display. Uh you're on private property,
[30:37]
people are there by invitation only. Um
[30:39]
and I think the idea that there might be
[30:42]
not a a definition of a trained
[30:44]
professional or wherever the or
[30:46]
competent operator um you know just a
[30:50]
random person saying oh yeah I'm I'm
[30:52]
trained in this um I think you're also
[30:54]
opening yourself up
[30:57]
you know to everybody's going to start
[31:00]
applying for fireworks permits and then
[31:01]
what do you say no this doesn't make
[31:03]
sense
[31:04]
and also wants to be supervised with
[31:06]
fire department I'm just saying I
[31:09]
you're going down a road here
[31:12]
seems I don't know a lot of other towns
[31:14]
have approved this
[31:21]
and I uh clearly I'm catching up but I I
[31:24]
do agree with what John said about have
[31:26]
it is right if people are going to do
[31:28]
fireworks it's kind of nice to know
[31:30]
ahead of time some of us with animals it
[31:32]
is nice to know say you have in the barn
[31:35]
out on a one strand electric fence uh
[31:38]
you know uh it is I mean there and maybe
[31:41]
there isn't a legal pathway because
[31:42]
there isn't a legal it's not legal but
[31:46]
uh making sure that we're correct on
[31:48]
that because if there is a pathway to
[31:50]
permit it that is the better pathway uh
[31:54]
in my opinion so that the neighbors know
[31:56]
etc etc
[31:59]
I don't I don't love fire fireworks
[32:01]
going off on the 4th of July because you
[32:03]
know out talking the dogs but uh but
[32:05]
that's I have a kid who should fireworks
[32:08]
completely um or or start fireworks. Um
[32:14]
I think the problem is state statute not
[32:19]
being conflicting.
[32:21]
Um
[32:23]
I'll send a bad position which leaves
[32:25]
town council very skeptical the sheriff
[32:29]
myself.
[32:30]
Um I will I will obtain this clarity
[32:35]
before the next meeting.
[32:38]
As you say it has to be within 15 days.
[32:41]
That was our that was our own policy.
[32:44]
Well the state of Vermont their little
[32:48]
hand out the fire division fires in 15
[32:50]
days needs to be approved. So I don't
[32:52]
know. Okay. I'm aware of that 15 days,
[32:54]
but if you have a policy in the division
[32:57]
of fire safety has a policy, it might be
[32:59]
under the title 20 30 31 in that area
[33:04]
that um under permitting in 15 days. I
[33:08]
can't imagine if you guys made that up
[33:09]
and fire safety made it up all at once.
[33:13]
So, I think
[33:17]
we could hold a special meeting if you
[33:19]
guys want to meet that requirement.
[33:22]
But policy reference I I could have
[33:25]
missed it when I read it, but does it
[33:27]
reference an application date or an
[33:28]
approval date?
[33:32]
The the other that would put the other
[33:34]
in jeopardy as well because it's not
[33:36]
that
[33:39]
and we've kicked the can twice now down
[33:42]
into 90. Yeah. You know, it's not the
[33:45]
applicant's error that he's late on the
[33:48]
application.
[33:49]
That's why I mentioned possibly waving
[33:52]
that. Um because he certainly meant that
[33:56]
it's us that's holding that up, right?
[34:01]
And the fire departments are aware, you
[34:03]
know,
[34:05]
neighbors are aware. Says applications
[34:07]
for permit shall be made to the town
[34:09]
manager and writing at least 21 days in
[34:12]
advance the database. And he's more than
[34:14]
met that. Mhm.
[34:19]
This was at our last meeting
[34:21]
14 days ago.
[34:26]
And one last thing then I'll shut up.
[34:30]
Part of I did check on this.
[34:34]
Hard to believe.
[34:36]
But what triggered it was that people
[34:39]
were showing up, especially in the
[34:40]
Rutland area, with a U-Haul full of
[34:43]
fireworks and putting up beside their
[34:44]
own and selling them. And that wasn't a
[34:47]
great setup because they didn't have
[34:49]
proper ATF um proper credentials or um
[34:54]
and that really is what triggered it,
[34:57]
I'm not disputing what it says because
[34:59]
it does talk about the displays, but
[35:02]
it's that was what triggered that
[35:04]
Supreme Court case. was a sale of
[35:06]
fireworks and that pretty much has been
[35:08]
snuffed out. Um the only place right now
[35:12]
that I'm aware of you can buy them are
[35:13]
any
[35:27]
motion to carry this to the next
[35:28]
meeting. Everyone in favor?
[35:33]
Any extensions? Motion carries. Next
[35:35]
meeting
[35:37]
agenda.
[35:41]
Okay. 1034.
[36:02]
I'd like to take a moment to recognize
[36:04]
our significant milestone for the town
[36:06]
of Lisfield.
[36:08]
As part of our continued efforts, the
[36:09]
fire department committee and I work
[36:11]
collaborative collaboratively to create
[36:13]
the new position of municipal fire
[36:15]
chief.
[36:17]
After a thorough and thoughtful
[36:18]
selection process, the committee
[36:21]
unanimously recommended Josh Combo for
[36:23]
that role.
[36:25]
In accordance with that recommendation,
[36:27]
I officially appointed Mr. Cono as well
[36:29]
as Phil's first ministerial fire chief.
[36:33]
At this time, I'll turn the meeting over
[36:34]
to the town clerk, Fan, who will
[36:36]
administer the oath of office to
[36:59]
Um I the undersound undersigned town
[37:01]
manager of the town of Wesfield, Vermont
[37:04]
under the authority given to me by law
[37:06]
do hereby
[37:08]
by these presents constitute and appoint
[37:10]
you fire chief in and for the town of
[37:13]
Leisfield with all the powers and duties
[37:16]
appertaining to said office pursuing to
[37:18]
the laws of Vermont.
[37:20]
Set appointment shall remain in force
[37:21]
unless sooner revoked for cause. This
[37:25]
new appointment supersedes prior
[37:27]
appointments.
[37:29]
given under my hand at the town of
[37:31]
Wisville and said county of Windsor this
[37:35]
9th day of June 2025
[38:11]
I, Josh, do solemnly swear that I will
[38:14]
faithfully execute the duties of fire
[38:16]
chief in and for the town of
[38:18]
Weathersfield during my continuence of
[38:20]
office and therein do equal right and
[38:23]
justice for all men and women to the
[38:25]
best of my judgment and ability.
[39:03]
I'm going with this badge.
[39:07]
Fire chief.
[39:10]
Thank you.
[39:29]
Doesn't the new fire chief have to give
[39:31]
a speaking
[39:34]
lately?
[39:41]
Thank you all.
[39:48]
I have a couple more things in my
[39:50]
report. Any questions about the appointment of the municipal
[39:54]
fire chief? Is it this an open-ended
[39:58]
thing? It's on a term that it's good for
[40:00]
so many years or something like that.
[40:02]
Um, it'll remain in full force in effect
[40:04]
unless they're built for just cause.
[40:05]
Okay, let's wait. That's my
[40:07]
understanding. Okay.
[40:09]
Um, I'd like to pass it over to Sheriff
[40:12]
Palmer to give an update on policing,
[40:14]
but I'll follow that a couple of updates
[40:16]
on our bill of sale.
[40:20]
Well, hello. So, uh, besides fireworks,
[40:23]
um, we took over June 1 and, uh,
[40:26]
basically midnight. Um, we think by the
[40:28]
next day we got called out. Everything
[40:30]
seems to be going pretty smooth. Josh,
[40:32]
even though I just left, um I think this
[40:34]
is a huge step forward public safety
[40:36]
wise for town Weathersfield and that was
[40:39]
clearly a right choice because the last
[40:43]
month or so that I've been interacting
[40:44]
with him been fantastic and just
[40:47]
welcoming and we've been working
[40:48]
together uh fantastic. I don't know if
[40:51]
you're following us on social media or
[40:52]
whatever, we've had a couple arrests
[40:55]
already. um impaired driver crashed into
[40:58]
a vehicle um on 131, full quart off of
[41:04]
him and
[41:06]
arrested him with a bunch of charges
[41:07]
there. Uh the next night we arrested a
[41:09]
driver who was about two and a half
[41:11]
times the legal limit uh for DUI. Uh so
[41:15]
we're continuing a little late
[41:19]
weather still got called out to um and
[41:22]
the car took off just before we got
[41:24]
there.
[41:26]
again 131. So, it's been busy. Uh I
[41:31]
think that you've seen hopefully a
[41:33]
little bit of local presence. We're covering till late into the night
[41:38]
and uh we were at the school the other
[41:41]
day. Um
[41:43]
Deputy Mike Keith and I stopped with the
[41:44]
school, met with the school, talked
[41:46]
about emergency planning, uh handed out
[41:48]
about 4,000 stickers. I don't know how a
[41:50]
couple hundred kids ended up with 4,000
[41:52]
stickers, but uh
[41:55]
And so that's been very good. We'll be
[41:56]
at field day Wednesday and hopefully
[41:58]
make an appearance for myself. So, uh,
[42:00]
we're building those relationships and
[42:01]
everything seems to be clicking very
[42:03]
well. Doc came
[42:08]
out the other night to help us with this
[42:10]
accident scene with the car driver with
[42:13]
drugs. It's just been it's been very smooth so far. Any questions?
[42:25]
May we have to step up to the podium and
[42:28]
say who you are please.
[42:34]
I'm Mal Spalding and I just wanted to
[42:36]
thank uh you guys for making that
[42:38]
decision as well as having Ryan here.
[42:40]
We've actually had to deal with them uh
[42:42]
three times actually right outside of
[42:44]
our house um already which is kind of
[42:47]
annoying but it's been nice to have them
[42:49]
almost immediately. And one of the other
[42:52]
times was also right outside our house,
[42:53]
but we were away. Um, and I don't know
[42:55]
if I should publicly say this, but it
[42:57]
was nice to know as well that my house
[42:58]
was being watched. Um, because I have
[43:00]
huge concerns about the people that are
[43:02]
around us. So, all of them have been
[43:04]
wonderful at firefalls. Um, I can't
[43:06]
speak highly enough of that. So, I want
[43:08]
to thank you very much.
[43:13]
They're kind of annoying because I was
[43:15]
there. I'm not sure what she
[43:19]
that right. Yeah. Um, yeah. So, any
[43:22]
other thoughts, questions, concerns,
[43:24]
direction?
[43:27]
So, for the past several weeks, I mean,
[43:29]
initially upon you taking over that
[43:31]
following Monday, we transferred all um,
[43:34]
police equipment over to the sheriff's
[43:36]
office just to have it in holding in a
[43:39]
safe place.
[43:40]
um the accountant and I went over there
[43:42]
uh with Sheriff Palmer and a couple of
[43:44]
other deputies and we took an inventory
[43:46]
of all the equipment, serial numbers,
[43:48]
models and we developed a list. Um all
[43:52]
pictures were taken of all equipment and
[43:55]
the accountants currently working on
[43:56]
value. Um so we think within
[44:01]
20 to 30 more days we'll have we'll have
[44:04]
everything drafted for the select board
[44:06]
to review.
[44:12]
Next update is a solid waste update. Um,
[44:18]
thank you sir.
[44:21]
on the last meeting I I had mentioned
[44:24]
that um
[44:37]
the last meeting I mentioned I do an
[44:38]
update on the solid waste contract. Um I
[44:42]
am still currently working through that
[44:44]
with the Windsor County solid waste
[44:47]
venture out waste. Nothing's inside at
[44:50]
this point.
[44:53]
I'm hoping building agreement within the
[44:55]
next week or so.
[44:58]
The website I have a meeting Wednesday
[45:01]
or Thursday. Still waiting to schedule
[45:04]
an exact date and time, but it will be
[45:06]
this week. Um to talk to our
[45:09]
administrative assistant about taking on
[45:11]
website responsibilities, um including
[45:13]
the training to get up to speed. Um,
[45:16]
we're also going to talk about whether
[45:18]
we want to contract out um, one of the
[45:21]
companies that in the project, I did
[45:24]
reach out to them and they did say they
[45:26]
would still be interested on getting the
[45:27]
website to park and then having our town
[45:32]
office, our administrative assistant
[45:35]
handling it going forward.
[45:37]
So, we're going to I hope to have it
[45:40]
flushed out before the next meeting. Um,
[45:44]
the last thing is rosters and mission
[45:46]
statements. That's one thing that I
[45:49]
haven't fully got to yet. I hope to have
[45:51]
all those completed by the next meeting.
[45:53]
Sorry.
[46:00]
Any questions for me?
[46:06]
I just have one quick question and I
[46:08]
didn't know this and I didn't want my
[46:10]
apologies. Is the new number to get a
[46:13]
hold of the new police department been
[46:15]
changed on the website? Yeah, it's not.
[46:17]
Thanks for bringing that up, Ar. You're
[46:19]
welcome.
[46:24]
Thanks. At least I haven't done it.
[46:27]
Suzanne might have
[46:34]
next thing on the uh agenda. Warrant to
[46:37]
impound unlicensed l uh unlicensed dogs.
[46:43]
This is uh Floan.
[46:46]
You do it or does Floan? Floan. Okay.
[46:51]
Oh, there you go. Chloe, get up to the
[46:53]
podium and explain to us why you want
[46:55]
this done.
[46:57]
I really don't want to get up there.
[47:00]
Wow.
[47:04]
Incidentally, we used to affectionately
[47:05]
call it the kill blob
[47:08]
letter. It's really severely worried
[47:12]
and that's in stat that's not but every
[47:16]
year um at this time in June I have to
[47:19]
hand the list of delinquent dogs over to
[47:21]
the select board and then it's their job
[47:24]
to go out and get the unlicensed dogs
[47:27]
put somebody in charge of it that hasn't
[47:29]
happened in many many years and we are
[47:32]
so down on registration
[47:35]
and the vote Well, one of the whole
[47:37]
thing is because it's stacked up because
[47:40]
you just stacked, but it's a health
[47:42]
issue because we don't know what adult
[47:44]
dogs have had rabies, you know, vaccines
[47:47]
or whatever. And if they bite somebody,
[47:49]
it's a very costly thing for somebody to
[47:51]
go through. So, I'm thinking of I do a
[47:56]
lot to please try to get this situation
[47:59]
out. We did have so many years ago we
[48:02]
did a job and we have a nearly $700
[48:05]
register. Now I don't even have three.
[48:08]
So each year it keeps going down.
[48:11]
And I gave you another paper there
[48:13]
trying to reinforce how important this
[48:15]
is. And that is state statue. And um we
[48:19]
sent them a card a little postcard in
[48:22]
January telling them that they have to
[48:24]
register their dog. I'm sure they
[48:25]
haven't. And then the middle of April,
[48:28]
we send another reminder to tell them to
[48:30]
do it by May 30th because then it's
[48:32]
after that that I have to turn this
[48:34]
year. And I have a sign out front. Um
[48:39]
little Fred fell over when it rained.
[48:42]
But um
[48:44]
that's it in a nutshell. It's law and
[48:50]
that what's true should be done. There
[48:52]
are people on that board that have
[48:55]
how do how do we enforce this?
[48:59]
How how do we
[49:02]
start starts by following the state law
[49:05]
by designating one or more persons to
[49:07]
maintain a list?
[49:09]
We have lists. We have the list. Have a
[49:11]
list. They have
[49:13]
basically not
[49:16]
um approach
[49:18]
the letter.
[49:20]
Um, one of the clerks said that how they
[49:23]
handled it is based on how a notice and
[49:26]
said that if they weren't registered by
[49:28]
section of China, it's going to be a
[49:30]
$100 fine. We tried a few years ago
[49:33]
around the $25.
[49:35]
That didn't help. So,
[49:38]
I don't know what that's going to do.
[49:40]
And also the state raised it this year
[49:43]
um their part of it to $2 helps pay for
[49:48]
the um babies or sp and um it's it's
[49:52]
hard to just get to pay $10 never mind
[49:56]
$5 for license. So and now it's on a new
[50:01]
but so who's who's maintaining this
[50:03]
list?
[50:05]
I did. Were you designated? Did you say
[50:08]
list? Who is maintaining the list of
[50:12]
unregistered dogs? Yes. My offices.
[50:16]
Did the select board designate somebody
[50:19]
in your office to do that? No, we do
[50:22]
with our statute. That is the statute of
[50:25]
FL. Yes. But now it's turned over to the
[50:27]
school board. If you read those I just I
[50:30]
have it right in front of me. The
[50:32]
legislative body shall annually
[50:34]
designate one or more persons to
[50:36]
maintain a list. Who has been designated
[50:39]
by this board to maintain that list? I
[50:42]
give you the list which you have there.
[50:44]
And then you're not answering the
[50:45]
question.
[50:47]
is who did this board
[50:50]
designate to do that? We haven't done it
[50:52]
yet. Thank you. So we have not followed
[50:56]
the statute flowing. No, you haven't.
[50:58]
Yes. That's why I'm asking you, who is
[51:01]
maintaining the list? Maintenance of the
[51:04]
list. What would that be? That would be
[51:07]
knocking on people's doors that you
[51:10]
think have a dog that's not registered
[51:12]
and
[51:14]
verifying they have a dog, write their
[51:16]
name down, and they're now on the list
[51:19]
by the designated person from this
[51:21]
board.
[51:23]
That would be the statute to start with,
[51:25]
following the law, right? you're
[51:27]
following the law with fireworks and
[51:29]
other things. We're following the law,
[51:33]
which I'm okay with. Um, but that's the
[51:36]
first thing that hasn't happened. So, my
[51:38]
question is the list you claim to have,
[51:41]
you claim it's been maintained. How has
[51:43]
it been maintained and by who?
[51:47]
I'm talking about my delinquent list
[51:49]
that I turned over to you by statute.
[51:51]
It's going to be another list. I do not
[51:53]
know. You'll have to come up with your
[51:54]
own list if if you go knocking on doors,
[51:57]
whatever. But I don't I get a lot of
[51:59]
Well, the question is about the list
[52:01]
that you have. How did it how did you
[52:04]
determine that? Because people that have
[52:07]
registered last year did not register
[52:10]
this year. That's how they get on. Okay.
[52:13]
All right. Well, that's an answer.
[52:18]
Excuse me. That brings up the question
[52:21]
then if somebody has a dog and it's
[52:23]
registered and it dies deceased, should
[52:26]
we be telling the the town clerk? So
[52:29]
because my dog passed away last year and
[52:34]
uh so that's why I have a rush this
[52:35]
year. Uh everybody from here to my house
[52:40]
knew my dog because she could get out of
[52:42]
anything and she knows of her. So every
[52:44]
house from Thrash Road to here was her
[52:46]
mom. think everybody adopted there. So,
[52:50]
but I didn't sure this year, but you
[52:52]
know, the people didn't know. I mean, we
[52:55]
actually had a party for all all the
[52:57]
neighbors from Europe to my house to
[52:59]
come up to that. Everybody knew Benny.
[53:01]
So, um and there are a few few dogs that
[53:05]
have that have disease, but we don't
[53:08]
know that unless somebody called and
[53:11]
it's time report say this, do that.
[53:16]
We get reports all the time of dogs that
[53:19]
bother people and they ask if they get
[53:22]
registered in that.
[53:25]
So, so through that process you update
[53:27]
the list accordingly as best you can
[53:29]
those shoes. Yes. Not if the dog wasn't
[53:33]
licensed before. I cannot do that.
[53:36]
If somebody that would bring them back
[53:38]
to this person that's responsible for
[53:40]
it. Well, you come up with a person.
[53:44]
I'm just saying thank you. I nominate
[53:46]
you. I'm just saying that
[53:49]
we have we have to follow the law if
[53:50]
we're going to follow the law. Right.
[53:55]
So, well, what I heard you say is years
[53:58]
ago you had a system that worked well.
[54:00]
Right. Can you tell us what that system
[54:02]
was that was working?
[54:05]
Um the person sends a letter um with
[54:09]
statute. But I've done that too and I
[54:11]
got regular polls for what the statute
[54:13]
says
[54:16]
that's not my words.
[54:19]
But anyway, um this person
[54:22]
got the prior list. Yeah. Who was the
[54:25]
person at that I mean I don't care what
[54:26]
their name is, but what was their role?
[54:29]
That's what they were hired for. just to
[54:32]
do it.
[54:33]
[Music]
[54:41]
And um
[54:43]
they um the prior list and the ones that
[54:46]
were not registered on the prior list
[54:47]
and letters were sent out and I mean
[54:50]
there are fines attached to this
[54:52]
sheriff, the police, the police can't
[54:54]
remove
[54:56]
the animal control.
[54:59]
We have an animal patrol officer, but I
[55:02]
don't think she has many hours here. She
[55:04]
works out in New Hampshire.
[55:07]
And um we did get a lot. We got more
[55:11]
dogs registered that time than I had
[55:14]
ever seen.
[55:16]
Then they each year.
[55:23]
So did the select board authorize hiring
[55:26]
this person to do those years ago? Yeah.
[55:30]
Who hired the person to do that? The
[55:32]
town.
[55:36]
I I can't say that that they were hired.
[55:38]
I'm not sure. Might have been volunteer.
[55:41]
Was the person an animal control
[55:43]
officer? No. Okay. What was the person's
[55:46]
title?
[55:51]
She was I don't really know what the
[55:53]
title was. Wear dog
[55:59]
was it? Yes. Okay.
[56:09]
What happened to the position?
[56:32]
can't see out of the corner of my eye
[56:34]
when you're sitting over there. I
[56:35]
believe at the time Lynn was constable
[56:37]
back
[56:45]
excuse me.
[56:48]
That's how
[56:53]
We don't have we haven't since that was
[56:56]
back in 2014.
[56:58]
I I can give you a little bit of history
[57:01]
um on how it evolved um at different
[57:05]
times. We had people that were people a
[57:08]
little overzealous in their in their
[57:10]
position and it was causing
[57:15]
amount of strife in town. We didn't feel
[57:17]
doing a good job and now we don't have a
[57:19]
constable at all. And when the we went
[57:24]
with the gal over in Claremont, yeah, it
[57:27]
has been really a good system. I mean,
[57:30]
she has done as far as I'm concerned.
[57:34]
Don't do something to annoy her so she
[57:37]
doesn't want to come over here because
[57:38]
it's really important. But that's a
[57:40]
little bit separate from the
[57:41]
registration.
[57:44]
You mean you mean you you're referring
[57:46]
to animals or water?
[57:52]
That's not the same as the con. No.
[58:00]
Next motion to appoint Nathan.
[58:06]
I just wanted to get out of that. I
[58:07]
didn't want to point to me. So I I I
[58:11]
mean I think what would happen Brandon
[58:13]
present us is what you would suggest is
[58:15]
a solution at the next meeting on on how
[58:19]
to address making sure we're we're
[58:22]
following the law would be
[58:26]
but in a reasonable way that doesn't
[58:28]
make the entire town angry, right?
[58:30]
Sounds like the history. Yeah.
[58:43]
Thank you. Thank you for Nathan.
[58:48]
He's shaking his head.
[58:53]
Okay. Next item on the agenda. Legal
[58:57]
trail six discussion. What this is,
[59:00]
right? Yep. Mr. Tar is here.
[59:06]
Mr. Carr, are you there? Yes. Can you
[59:08]
hear us? Okay. Yes. Yep. This is Joe and
[59:12]
this is CC, my wife. Um, Brandon, should
[59:15]
we just kind of walk through what we're
[59:17]
looking to propose? Yeah. And, uh, I
[59:20]
have your PowerPoint up on the other TV
[59:23]
in the room. Okay. I'm currently on the
[59:26]
first slide. Can you see it? Um, I
[59:29]
cannot see it. Okay. I'm following on
[59:31]
the I I have it up on my side though, so
[59:33]
I can kind of follow and direct you when
[59:35]
we go to the next slide. So, right now
[59:37]
we're on the cover page and I'm going to
[59:39]
move to the second page where it says
[59:42]
utilizing legal trail 6. What, where,
[59:44]
why, and when. Perfect. Great. So, hello
[59:48]
everyone. Um, my name is Joe Cece. We're
[59:51]
originally from the area. We currently
[59:53]
reside in Portsouth, New Hampshire, but
[59:54]
are looking to start making strides of
[59:56]
coming back to this to that area to the
[59:58]
Weathersfield area. And one of the
[1:00:00]
options we're looking to pursue at this
[1:00:01]
point is possibly build a house um on
[1:00:04]
John and Patty Erison's property. Um and
[1:00:06]
working through the details of that now.
[1:00:08]
Um so what we're coming to the select
[1:00:10]
board today to ask for guidance in your
[1:00:12]
approval for is utilizing the legal
[1:00:14]
trail 6 as a partial driveway. There's
[1:00:17]
about 250 ft um of legal trail 6 that
[1:00:20]
we'd like to up upgrade a little bit and
[1:00:23]
utilize that piece to reach a potential
[1:00:25]
driveway site at some point. Um, right
[1:00:27]
now we're looking just to get approval
[1:00:29]
on using and making the updates
[1:00:32]
necessary for that legal trail 6 and
[1:00:34]
like I said for a future home build and
[1:00:36]
we'd like to start making improvements
[1:00:37]
from like a timeline perspective to that
[1:00:40]
um sometime this summer. Um, I put some
[1:00:44]
photos here from like a driveway
[1:00:45]
location perspective if Brandon you want
[1:00:47]
to scroll down further
[1:00:50]
of how it would like flow. Um, so one,
[1:00:53]
two, they go in, you know, subsequent
[1:00:54]
order here. um where the signage first
[1:00:58]
starts where it says no motorized
[1:00:59]
vehicles and kind of how the plow
[1:01:01]
trucks, you know, managed their way up
[1:01:03]
to there today. Um go further up and
[1:01:06]
then you can see how it's like about two
[1:01:09]
I think it's 250 to 300 feet is what
[1:01:11]
we're looking to utilize um once it's
[1:01:13]
all said and done. And if you scroll
[1:01:16]
down further, there's an aerial view
[1:01:19]
as well as the actual snippet from the
[1:01:23]
mapping designating that it's legal
[1:01:25]
trail 6.
[1:01:34]
Joe, John, this is an extension of your
[1:01:36]
like your
[1:01:41]
I mean question. What? Excuse me. What
[1:01:44]
your wife? No, Mike was asking a
[1:01:47]
question.
[1:01:59]
Um,
[1:02:01]
this is this is an extension basically
[1:02:03]
past your house, correct? Correct. Is
[1:02:05]
that a private driveway to your house or
[1:02:07]
is it trail six today? It's 3 to
[1:02:14]
right about
[1:02:16]
well be I guess from my seat it's class
[1:02:20]
three right there. Oh it currently?
[1:02:23]
Yeah. And that's approximate. Yeah. And a little bit of history. We moved in
[1:02:29]
up on the hill in 2001
[1:02:31]
and um the at that time the entire
[1:02:34]
length of it was class 4 and people were
[1:02:37]
going on it on skyline and it's really
[1:02:40]
muddy, really steep. We have people
[1:02:42]
trying to drive over it. Um um and it
[1:02:46]
really shouldn't have been open for
[1:02:47]
vehicles at that time. And that's mostly
[1:02:49]
the end towards skyline. It eroded. It's
[1:02:52]
muddy. Um, some guy came up doing an
[1:02:55]
early Harley-Davidson and anyway and and
[1:02:57]
we own both sides.
[1:03:03]
of Center Grove Road
[1:03:07]
all the way from where it begins at the
[1:03:10]
um the old all the way to Skyline. So
[1:03:13]
there's no other abutters that I know
[1:03:15]
where that
[1:03:18]
I do. I do I agree with that. Um you
[1:03:20]
know um my question uh basically on this
[1:03:24]
comes down to um be because that's a
[1:03:28]
designated trail. There's certain
[1:03:31]
restrictions on that uh that are in
[1:03:34]
statute. Correct. Um wouldn't we have to
[1:03:37]
do let Brandon let that sit there where
[1:03:40]
it was and be fine? Sorry, I was I
[1:03:43]
appreciate it. You're okay. Um
[1:03:46]
uh but
[1:03:49]
wouldn't wouldn't it wouldn't we be um
[1:03:51]
wouldn't it be more appropriate to to
[1:03:53]
take that back to a class three class
[1:03:56]
four at least at least class four class four we don't maintain that
[1:04:00]
would yeah we can allow them to use it
[1:04:03]
exactly um uh is there is there does the
[1:04:09]
if that's a glass three up to your house
[1:04:11]
the town takes care of it that far
[1:04:13]
correct do they they
[1:04:15]
appropriate to have a good turnaround
[1:04:17]
there. I guess it's about as appropriate
[1:04:19]
as a lot of others in town which is not
[1:04:20]
exactly appropriate
[1:04:23]
like a hammerhead. It could be better
[1:04:25]
and part of the plan is to make it
[1:04:27]
better. Yeah. Um
[1:04:32]
right. We we took the time to to uh look
[1:04:35]
up state statute and reviewed it with
[1:04:38]
town statute and state statute. The only
[1:04:42]
differentiation between trail and class
[1:04:44]
4 is the maintainance of bridge and
[1:04:46]
culvers. That's the only thing that's
[1:04:48]
different and state statutes between a
[1:04:50]
four and a trail. There's nothing in
[1:04:52]
there about vehicles that we found. This
[1:04:56]
research I did I should
[1:05:06]
correct. A trail can be used motorized
[1:05:08]
vehicle. This one was posted for no
[1:05:11]
motorized vehicles because it was in
[1:05:13]
good condition and people were driving
[1:05:15]
on it and ruining it. So the board
[1:05:17]
decided to post it um I believe from the
[1:05:19]
homeowner um was requesting it also. So
[1:05:23]
the town did that. That's not a state
[1:05:26]
law. Um, if these folks wish for us to
[1:05:29]
plow all the way to their new driveway
[1:05:31]
going to their house another 300 feet,
[1:05:33]
then we have to make it class three
[1:05:35]
road, they would be responsible for
[1:05:36]
bringing it up to that standard, doing
[1:05:38]
that whole thing. Um, if we make it a
[1:05:40]
class 4, I would be responsible for
[1:05:42]
culberts and any kind of wash out or
[1:05:44]
anything. If you don't want the expense,
[1:05:46]
keep it a trail. You don't have to go
[1:05:47]
through any of that stuff to do to
[1:05:48]
change anything. You would have to have
[1:05:50]
pre hearings. We have to have public
[1:05:52]
notice and all that. you can keep it a
[1:05:55]
trail, get permission them to work on it
[1:05:57]
and do it. Sign a contract. Um Brandon
[1:06:01]
and I have already had discussions and I came up with a little draft that we
[1:06:05]
looked at. Um not to get too much into
[1:06:07]
the weeds, but things to protect the
[1:06:09]
town and the trail would be they
[1:06:11]
couldn't post it that nobody's come in.
[1:06:14]
um people are going to drive that
[1:06:15]
actually 300 feet and they're going to
[1:06:17]
have a place to park would I would
[1:06:19]
assume they're going to know people are
[1:06:21]
going to be able to drive at 300 feet
[1:06:23]
and we can't keep them out of there and
[1:06:25]
then allow them to use it as a as a
[1:06:27]
private driveway because it is a public
[1:06:29]
access. So that's on that's on the
[1:06:31]
homeowner. We've already had that
[1:06:32]
discussion. Um, I just don't want it to
[1:06:35]
end up in a situation where somebody
[1:06:37]
buys the house and it's not written
[1:06:40]
really well with an agreement that they
[1:06:42]
don't know the history and know that
[1:06:43]
this is a public access and it is a
[1:06:45]
trail from wherever they build their
[1:06:48]
driveway. It's still going to be a trail
[1:06:49]
out the skyline and they have to be able
[1:06:52]
to let people are going to drive on it.
[1:06:54]
What now the planning commissioner kicks
[1:06:57]
in. What's the potential for future
[1:06:59]
development beyond this? That would be
[1:07:02]
entirely up to a subdivision and you'd
[1:07:03]
have to go through that whole process.
[1:07:05]
Yeah.
[1:07:07]
And I do the same thing. If you if you
[1:07:09]
subdivided and they wanted to add on to
[1:07:11]
it, then they'd have to follow the
[1:07:12]
subdivision rules and make the road
[1:07:13]
bigger and wider and whatever else they
[1:07:15]
had to do to make that more accessible,
[1:07:17]
but it could still be considered a trail
[1:07:20]
in our eyes and not have to go through
[1:07:21]
the process of making it a four or a
[1:07:23]
three
[1:07:25]
and then it still be a planter. the um
[1:07:29]
driveway access to what we what we tend
[1:07:32]
to look at this as being um what is what
[1:07:35]
are what are the homeowners that are on
[1:07:37]
the on the road this will not be a
[1:07:39]
driveway access this is them getting
[1:07:42]
permission to drive I understand then
[1:07:44]
they'll have to come back I understand
[1:07:46]
that I'm just trying to understand what
[1:07:49]
people that live there want to do
[1:07:56]
I with a local contractor to try to get
[1:07:59]
some idea of what we do. A from here to
[1:08:02]
here is pretty flat. Um it's not muddy.
[1:08:07]
Uh so we don't think that a base is
[1:08:09]
going to be an issue, but nonetheless it
[1:08:11]
it's shows old wheel ruts where the
[1:08:14]
water has gone down through. One problem
[1:08:17]
over the years was that uh it because
[1:08:20]
this this had does slope this way and
[1:08:24]
water would find its way and it was
[1:08:26]
washing up the town road or or excuse me
[1:08:28]
the class 3 road. So a water bar was put
[1:08:32]
in right where the ax turn a little bit
[1:08:34]
back actually and we got to figure out
[1:08:36]
how to do that and the local contractor
[1:08:38]
said well some kind of culvert or
[1:08:40]
something to get the water turned there
[1:08:42]
so people going down and and washing out
[1:08:45]
the town part of the road. Uh which it
[1:08:48]
seems to be working that hasn't washed
[1:08:50]
out significantly for a long time. Uh so
[1:08:53]
it is it is helping quite a bit. It does
[1:08:56]
tend to sheet off the hill a little bit
[1:08:57]
and we try to keep it turned so it
[1:08:59]
doesn't go on the town road. Um, a
[1:09:03]
little bit of history in in research.
[1:09:06]
Thank you. Short left. Uh, try to figure
[1:09:09]
out Patty and I remember coming before
[1:09:12]
the board to limit traffic on the road.
[1:09:16]
We moved up there in 2001. We couldn't
[1:09:19]
find anything in the minutes. um the
[1:09:22]
minutes from and and interestingly the mileage report that you guys sign
[1:09:28]
every year in 2014 said it was a class 4
[1:09:32]
and then in 15 it said that the trail.
[1:09:34]
So I'm going to assume that that had
[1:09:36]
something to do with the ancient road
[1:09:37]
people uh picking up some old paperwork.
[1:09:40]
I don't have any other explanation but
[1:09:42]
then there was a footnote that said what
[1:09:44]
say 2012
[1:09:46]
per something from 2012. The 2012
[1:09:50]
minutes aren't in the ball. We So we
[1:09:51]
couldn't go back and research that. We
[1:09:53]
couldn't find them. I don't know where
[1:09:55]
they are or if they are.
[1:09:58]
So So we couldn't find a history. Was it
[1:10:01]
just down Highway being nicely putting
[1:10:04]
the signs up? Honestly, don't know. Um
[1:10:08]
so as a trail, if I can continue as a as
[1:10:12]
a trail, uh what type of traffic do you
[1:10:15]
see up there? What where are they going?
[1:10:18]
what are they doing? You know, that kind
[1:10:19]
of thing. Down at the skyline end,
[1:10:21]
there's a significant structure to keep
[1:10:24]
people from coming up through there.
[1:10:25]
That's almost a pen road. Um, and not
[1:10:28]
even a trail. Um, because technically
[1:10:32]
somebody if you can drive this and you
[1:10:35]
should be able to drive back too. Uh, so
[1:10:38]
in a way it's a pent road, but it just
[1:10:41]
totally we got a lot of them. There's a
[1:10:43]
lot of fours you cannot drive on. Um,
[1:10:46]
unless you have a tank, but but are
[1:10:49]
there people walking, hiking? Yes. Out
[1:10:51]
through there. All the above. So,
[1:10:55]
I think skiing.
[1:10:59]
Okay. So, horses, bikes, people. We
[1:11:01]
invite people on our property, not only
[1:11:04]
on the town, right? Well, that's that's
[1:11:05]
great. What what I'm trying to get at is
[1:11:07]
if you're going to extend that up
[1:11:08]
through for this next house and I think
[1:11:10]
you said something about putting in a
[1:11:12]
parking area there and stuff. Does it
[1:11:16]
make more sense? I mean, we can do what
[1:11:18]
we need to do to let it go and we can go
[1:11:20]
through the process to take it to a
[1:11:22]
three, get the turnaround that we need
[1:11:24]
for the town. Does that make everybody
[1:11:27]
happy? Get get a parking area up there
[1:11:29]
for the hikers and the people that are
[1:11:31]
using the letting use. I don't know what you guys want. That's the only
[1:11:36]
people that we've had that wanted to
[1:11:39]
park, they were hunters and they
[1:11:42]
traditionally park down here and walk
[1:11:44]
up. As a matter of fact, do you mind
[1:11:47]
funny story?
[1:11:50]
It was a a night that there was supposed
[1:11:52]
to be a significant shooting stars. I
[1:11:55]
mean, at like 4 in the morning, we
[1:11:57]
actually got out of bed and we're
[1:11:59]
standing out here and we saw the guy
[1:12:02]
park pitch dark like 4 in the morning
[1:12:05]
and he's tiptoeing up through here and
[1:12:08]
we hollered at him. He almost passed
[1:12:10]
out. That scared us.
[1:12:13]
What are you guys doing out here? 4 in
[1:12:15]
the morning. He had no idea. But we're
[1:12:17]
hunting just like you are.
[1:12:22]
Anyway, but I don't tell anybody that we GPS used to say this was a way to get
[1:12:29]
the old bow. We haven't had that for a
[1:12:31]
long time. Um people come up and
[1:12:34]
somebody came up turned around today,
[1:12:36]
didn't they? Yes. Yeah. I mean, people
[1:12:39]
just explore. Um and and we don't have
[1:12:42]
any problem with that. as long as they
[1:12:43]
don't smash into one of our cars. Uh the town right now comes up and they
[1:12:49]
back in right about where my pickup
[1:12:51]
truck is.
[1:12:53]
Not perfect. We move some stone walls
[1:12:55]
back to make it a little bit easier. uh
[1:12:57]
if we can improve that a little bit
[1:12:59]
more. Uh that was the goal was maybe to
[1:13:02]
improve it a little bit more because
[1:13:03]
even if it can't turn into a class four
[1:13:05]
somewhere here it's got to be the town's
[1:13:08]
got to turn around and cover because you
[1:13:11]
got
[1:13:13]
Yeah. Right in here to get the water to
[1:13:14]
go out need something.
[1:13:17]
Um Mr. Tara, where where are you at and
[1:13:20]
what you want to put in there? Yeah, I
[1:13:23]
mean the I would I think aesthetically
[1:13:26]
speaking there's some big beautiful
[1:13:28]
maples that are close to that rock wall
[1:13:30]
there. So if we can narrow how much we
[1:13:34]
actually have to go wide with the road.
[1:13:36]
So I think the the like the legal trail
[1:13:39]
um thought process permits us to be able
[1:13:42]
to keep it relatively narrow still and
[1:13:45]
not have to get rid of those big maples
[1:13:46]
that have been there for, you know,
[1:13:48]
decades and decades and decades. Um so
[1:13:50]
we'd like to do that. um if we could,
[1:13:53]
right? We don't want to upgrade the road
[1:13:55]
so much so where we lose all those trees
[1:13:57]
that have been there for, you know,
[1:13:59]
probably 100 plus years, right? So, um
[1:14:02]
that's our initial thought of it, but
[1:14:03]
everything John's speaking about, I
[1:14:04]
mean, we're in complete agreement with
[1:14:07]
Have Have you
[1:14:09]
Is this property already subdivided? Is
[1:14:12]
the the lot that he's on, is it already
[1:14:14]
a subdivided lot? Can you back up to the
[1:14:17]
ones with the orange line? Sure.
[1:14:20]
Matters. It's divided by the road. The part in yellow is actually a
[1:14:25]
separate lot. Uh it doesn't need to be
[1:14:27]
subdivided. Okay. And now that's where
[1:14:30]
he's
[1:14:31]
It gets a little tricky. Yeah.
[1:14:36]
But I didn't.
[1:14:38]
Well, so are you dedicating that whole
[1:14:40]
lot as their their building? And
[1:14:44]
so technically they have frontage. We
[1:14:46]
love our daughter and son-in-law because
[1:14:49]
if we deed them this lot,
[1:14:52]
they get our burn, right?
[1:14:56]
You don't get to use it, but you're
[1:14:58]
going to own it.
[1:15:00]
We have frontage on a class 3 town
[1:15:03]
highway. So, that makes it a legal
[1:15:04]
building, right? You just ask and use
[1:15:06]
the trail as a driveway to access this
[1:15:09]
new house. Yes. Right. We And because
[1:15:12]
it's open, somebody anybody else could
[1:15:14]
drive it. Um, you can't if it's open
[1:15:18]
traffic, it's open to traffic. And and I
[1:15:22]
Joe, didn't we talk about making some
[1:15:24]
kind of little hammerhead there so that
[1:15:27]
if somebody inadvertently comes up
[1:15:28]
through there, they aren't driving all
[1:15:29]
the way up to the house? Would it be
[1:15:31]
accept fire and police and emergency
[1:15:33]
vehicles? That hasn't been discussed.
[1:15:36]
That would be discussed with the new
[1:15:38]
fire chief to make sure that the
[1:15:40]
radiuses are okay. So there's no call to
[1:15:42]
just because you want to make it a
[1:15:44]
driver doesn't mean you have to widen
[1:15:45]
it. It's already a 50 foot wide rideway
[1:15:47]
as long as it's that's correct wide
[1:15:49]
enough to get vehicles through there.
[1:15:51]
shouldn't be any need to widen it.
[1:15:54]
And even think about taking it to a
[1:15:56]
class three. Two things. It would look
[1:15:58]
like the Dickens because you'd cut all
[1:16:00]
the maple trees down and it wouldn't
[1:16:02]
match this half. It doesn't meet class
[1:16:03]
three standards either. Right.
[1:16:06]
I'm okay with it. Now the agreement that
[1:16:08]
was proposed by the attorney, it's only
[1:16:12]
for your daughter and son. Is that
[1:16:15]
correct? It's not transferable at that
[1:16:17]
house. If they decide not to build the
[1:16:19]
house or they circumstances change, they
[1:16:21]
build a house and they have to leave and
[1:16:23]
go somewhere else. Do all this this
[1:16:26]
agreement would apply to current and
[1:16:28]
future owners of this property?
[1:16:32]
That's a good question. I don't have a
[1:16:33]
definitive answer. Yeah, I think that
[1:16:35]
would make sense. Yeah,
[1:16:38]
someday we'll be dead and gone. Uh, and
[1:16:42]
uh hopefully sometime soon. Yeah, but uh
[1:16:44]
at that time um they may decide that it
[1:16:48]
makes more sense to try to come up with
[1:16:49]
a 10acre lot cuz we own beyond
[1:16:54]
there's actually three parcels there and
[1:16:57]
uh we owned a significant chunk beyond
[1:17:01]
to the souththeast of or smuggly south
[1:17:04]
of of the lot that was outlined in
[1:17:06]
yellow. How big is this lot? They want
[1:17:11]
to know that wasn't 20.
[1:17:15]
Yeah, I can't remember off the top of my
[1:17:16]
head. I believe it was about 20 acres,
[1:17:19]
just a little.
[1:17:23]
It was pinned and and on GIF, so you can
[1:17:26]
it'll actually tell you what it is, but
[1:17:27]
I don't recall. It's more than 10.
[1:17:29]
What's the zoning in the street? 10.
[1:17:32]
So, you have a legal building lot.
[1:17:34]
You've got frontage on two class three
[1:17:37]
town highways. So, you don't have to
[1:17:39]
worry about that. So, he just looking
[1:17:40]
for a driveway. Yeah. Yes. Is there any
[1:17:42]
other reason why he can't create a
[1:17:44]
driveway off the class three?
[1:17:46]
Is this a money-saving thing or Joe?
[1:17:50]
Yeah, it's I mean some of that is under
[1:17:53]
consideration for sure, but also just
[1:17:55]
when any type of future subdivision
[1:17:57]
might happen or subdividing it out, I
[1:18:00]
think it makes more sense for it to
[1:18:02]
follow that line. Um
[1:18:05]
up um as we reviewed it with John, we
[1:18:07]
felt like that was the best practice.
[1:18:11]
So, this is opening the door to future
[1:18:13]
development by allowing this driveway on
[1:18:15]
a trail. Well, we we've been talking to
[1:18:18]
um Upper Valley, we we don't intend for
[1:18:21]
it to lead to more de uh to more
[1:18:24]
development. We've been talking to um
[1:18:28]
Yeah. But but the people at the Upper
[1:18:30]
Valley Land Trust are giving away more
[1:18:33]
of our development. Incidentally, um
[1:18:36]
just another thing if you subdivide it, creates well actually we still got a
[1:18:40]
hurdle to go through with our land trust
[1:18:42]
because even if we sell them to CC and
[1:18:45]
Joe, we have to get permission from
[1:18:47]
them. Uh because they have a
[1:18:52]
develop they have easements on from
[1:18:55]
about here to another stone wall here in
[1:18:59]
conservation.
[1:19:01]
Uh so everything like right here it's a
[1:19:04]
conservation uh there where they're
[1:19:06]
proposing the house. You can see a
[1:19:08]
clearing right here that's not it's just
[1:19:11]
this side of it is where the
[1:19:13]
conservation stone wall that comes from
[1:19:15]
this pin here and basically goes
[1:19:17]
straight to another stone wall and then
[1:19:19]
there's a swath of a conservation that
[1:19:22]
goes all the way over to bridge. Um but
[1:19:26]
this development site is outside of the
[1:19:28]
conation. Well, we still get over the
[1:19:29]
hurdle of um a permission to to uh sell
[1:19:36]
that lot or and this isn't a real good
[1:19:39]
option. We own it and they build on it
[1:19:42]
and and that's not a real good option.
[1:19:44]
That's going to create a major hurdle at
[1:19:46]
some point. But we we actually haven't
[1:19:49]
heard back from them. No. Um because we
[1:19:52]
did with we actually got them out there
[1:19:55]
and we walked the entire perimeter of
[1:19:59]
the conserved land because their wordage
[1:20:02]
reference the seller hole that doesn't
[1:20:04]
exist. Uh it reference it says it's 25
[1:20:08]
ft off the old cellar hole and the only
[1:20:11]
thing we can think of is there used to
[1:20:13]
be an addition on the barn and and I put
[1:20:14]
a stake up and it lines up perfectly
[1:20:17]
with this stone wall and the next stone
[1:20:19]
wall and this is the land that protects
[1:20:20]
the historic not going around skyline.
[1:20:24]
No no like they didn't know either. So
[1:20:29]
that they were supposed to I think they
[1:20:31]
didn't they say they were trying to
[1:20:32]
clean that up? Yes, because that also
[1:20:34]
references a stone wall up here and the
[1:20:37]
stone wall isn't there. It's down here
[1:20:39]
and and they were in agreement that
[1:20:40]
that's where it is.
[1:20:42]
Hey, uh I love the the land lesson, but
[1:20:46]
the real question is around the
[1:20:48]
upgrading and maintenance of the road,
[1:20:49]
right? The rest go through permitting
[1:20:52]
and and and do all that as far as
[1:20:55]
whether you can do whatever or not. Um,
[1:20:58]
so I what I wonder is because I think
[1:21:01]
it's important to be consistent is
[1:21:03]
what's the process if it's a class 4 to
[1:21:05]
give uh people the ability to write
[1:21:07]
maintain or or or improve that road. Um,
[1:21:11]
and what's been the process of for a
[1:21:13]
trail in the past for maintaining uh
[1:21:15]
because we're not right dictating
[1:21:17]
whether you intend to subdivide or not
[1:21:19]
whatever uh like that that that'll be up
[1:21:22]
to you at some point uh as land owners.
[1:21:24]
What we're what all we're doing all the
[1:21:26]
request I see is can we can we upgrade
[1:21:29]
that to use it to access
[1:21:33]
whether it's the field or a home right
[1:21:35]
uh it doesn't matter if they build to me
[1:21:37]
the request is it doesn't matter if they
[1:21:39]
build the house or not they're just
[1:21:40]
asking for being able to upgrade it to
[1:21:42]
maybe potentially build it which gives
[1:21:44]
us context but it could be to be doing a
[1:21:46]
lot of work in that the field right or
[1:21:49]
on the in the wood lot uh so that so I
[1:21:52]
just we need to you know consist process
[1:21:55]
for whether it's class 4 or a trail or
[1:21:58]
when when we consider it allowable or
[1:22:00]
not allowable and to make sure that it's
[1:22:03]
right and it's clear whenever that
[1:22:06]
happens whether it's this trail or a
[1:22:09]
different trail uh that it's clear who's
[1:22:11]
maintaining what uh and so if somebody
[1:22:14]
drives a monster truck down there and
[1:22:16]
wrecks it was right because much as I
[1:22:20]
like mud season roads um uh that I mean
[1:22:25]
so we're just clear about that and that
[1:22:26]
just there's a decision-m process I'm
[1:22:29]
guessing you've decided the board has
[1:22:31]
decided stuff like this in the past on
[1:22:33]
class 4 roads uh and it seems like if
[1:22:36]
there is a process in place for class 4
[1:22:39]
roads and it seems similar to to a trail
[1:22:42]
then that's the process we should use to
[1:22:44]
make the decision
[1:22:47]
and that's ahead if the board is more
[1:22:51]
comfortable with it going to a for the
[1:22:54]
hoops aren't uh astronomical, but
[1:22:57]
nonetheless, it's not a whole lot
[1:22:59]
different than the road that you abandon
[1:23:01]
off of Cook Strong Road. You know, you
[1:23:04]
got to go and framulate. You got to do
[1:23:05]
this, you got to do that to to go from a
[1:23:08]
trail to a four and and then when it's
[1:23:11]
all that said and done, we come in and
[1:23:13]
ask a class 4 and the end results
[1:23:15]
exactly the same.
[1:23:18]
I just I just think we need a consistent
[1:23:19]
process that we follow. I mean, we have
[1:23:21]
one
[1:23:23]
and and right now it's in the hands of
[1:23:25]
the DIB is where that would be. Um John
[1:23:29]
is same is this this is sort of uh a
[1:23:34]
breakdown from the previous uh
[1:23:36]
submission to the planning commission
[1:23:38]
for subdivision that it's not on the
[1:23:40]
back burner and this is a resurrection
[1:23:42]
of it. Uh that that's what I was
[1:23:44]
wondering. Now, if I recall from that,
[1:23:49]
isn't the property
[1:23:52]
um as as we're looking at this your your
[1:23:54]
side where your house is and and that lower lot, isn't that three to five
[1:24:00]
on that side of the road?
[1:24:03]
I I think we found that shaded as 10,
[1:24:07]
but uh I could be wrong. Regardless, I
[1:24:09]
thought it was three to five on that
[1:24:11]
side of the You may be right. You may be
[1:24:13]
right. It's 10. It's 10. X10 on the
[1:24:15]
other side and you were the way you were
[1:24:17]
trying to break it out had to do with
[1:24:19]
the conservation stuff that you didn't
[1:24:21]
want to affect that. So you had moved
[1:24:23]
and shifted and you were actually
[1:24:25]
crossing the road and you would have
[1:24:27]
been creating like a 3acre lot on the
[1:24:29]
right hand side of the road. Yeah. That
[1:24:31]
would have been in C10 which would have
[1:24:33]
been non-conforming in the C10 area. Um,
[1:24:38]
so but but but if you're if you're if
[1:24:41]
you're going to stay on that side of
[1:24:42]
that road, it's 3 to five. And unless
[1:24:46]
this is actually a um accessory
[1:24:49]
dwelling,
[1:24:51]
then it probably should be going through
[1:24:52]
planning, not planning, but DV now
[1:24:55]
because they handle subdivisions. should
[1:24:58]
I mean
[1:25:00]
they I understand that
[1:25:02]
but but it would if it's going to be an
[1:25:04]
accessory dwelling you're putting a
[1:25:06]
second building on No this isn't this
[1:25:09]
isn't a residence on the plot the
[1:25:11]
residence is on the other side of the
[1:25:12]
road correct
[1:25:15]
house what you're looking at that's the
[1:25:18]
barn that's his house that's the
[1:25:20]
proposed house but this building here is
[1:25:22]
a barn okay
[1:25:24]
John's house is on the other side the
[1:25:26]
tea
[1:25:27]
Okay. Yes. So that would be the only
[1:25:30]
residence on the slot. There's no
[1:25:31]
subdividing me.
[1:25:34]
Nothing but memory because I had
[1:25:36]
forgotten that they didn't talk about
[1:25:38]
going across the road to come up with
[1:25:40]
the right uh Yeah. And then you get into
[1:25:43]
a kind of a sticky wicket. Yeah. Yeah.
[1:25:47]
That's what I recall happening
[1:25:49]
there. I'm not not trying to stop this.
[1:25:51]
I'm just trying to find the easiest and
[1:25:52]
the right avenue. Like I said, you're
[1:25:54]
right in consistency in the process. Um
[1:26:00]
I think Yeah, I saw writing his hand up.
[1:26:02]
I might took a pause there. I was
[1:26:04]
waiting to see if he was going to
[1:26:06]
continue. No, it's okay.
[1:26:10]
So, I did do a bunch of research on this
[1:26:12]
to find out what the best way is for the
[1:26:13]
town and the residents. Um you can keep
[1:26:16]
it a trail and they can get permission
[1:26:18]
to work on a trail just like get
[1:26:20]
permission to work on class 4 road. Um
[1:26:23]
that would the same process would be put
[1:26:25]
on if they want to do something down
[1:26:26]
there or any other legal trail we have
[1:26:28]
in town. It would be discussion in the
[1:26:30]
same process. Um if we make it a class
[1:26:33]
four we're going to have legal expenses.
[1:26:35]
We're going to have a lot of time and
[1:26:36]
energy put into laying it out and coming
[1:26:38]
to hearings. I know it's doesn't seem
[1:26:40]
like a big deal but it is a lot of work
[1:26:42]
and it is an extra expense to the town.
[1:26:44]
um we can achieve the same goals by
[1:26:46]
keeping this trail and keep it easy for
[1:26:48]
these folks if there's ever a desire to
[1:26:50]
30 years down the road subdivide this
[1:26:53]
will be here anyway hopefully I'll be
[1:26:54]
done by then um but it'll go through the
[1:26:57]
process of zoning and everything else
[1:26:58]
all the regulations if they want to make
[1:27:00]
it class three road then they would have
[1:27:01]
to bring it up the specs and then down
[1:27:03]
could could or could not take it off so
[1:27:05]
this is the best way I can come up with
[1:27:08]
to describe it to Brandon and and John
[1:27:10]
and these folks on how to do it and all
[1:27:13]
the books and make it reasonable with
[1:27:16]
everybody. So, we are following that
[1:27:20]
procedure to do class. We did meet with
[1:27:22]
the town attorney on this because the
[1:27:24]
proposal was to use legal trail six. Um,
[1:27:28]
it wasn't to change it to a class four
[1:27:30]
road or a class three road. Um so what
[1:27:33]
we we recommended here is in this
[1:27:36]
paragraph here came from the town
[1:27:38]
attorney. Um these would be our proposed
[1:27:41]
next steps on the board
[1:27:45]
and the thing is to protect the town and the residents that
[1:27:50]
are having the house there and make sure
[1:27:52]
we understands and it's clearly written
[1:27:54]
and defined that this is a public road.
[1:27:57]
No private signs. So they can post their
[1:27:59]
driveway and say keep out. But people
[1:28:00]
are going to be able to drive up this
[1:28:02]
road if they accidentally drive up it
[1:28:04]
and you're not going to be able to chase
[1:28:05]
them off pitch books or whatever. You
[1:28:07]
know that that's what I'm trying to
[1:28:08]
protect us from. Um
[1:28:11]
and it would be you know IRF would
[1:28:13]
discuss it with the fire, you know, fire
[1:28:15]
apparatus be good turn fire truck and
[1:28:18]
park there and another truck can go in a
[1:28:20]
fire. you know, it's all kind of has
[1:28:22]
been and and one other thing, there is
[1:28:25]
precedence in the trail being improved
[1:28:27]
and not very far from where we live. Um,
[1:28:30]
if you go out uh you lane and where it
[1:28:33]
turns into a trail has been
[1:28:35]
significantly improved. It was done
[1:28:37]
primarily for logging trucks, but
[1:28:39]
nonetheless, it significantly improved.
[1:28:42]
I think that went before the board, but
[1:28:44]
um maybe it did, maybe it didn't, but I
[1:28:46]
don't think it did. Um and and but I'm
[1:28:49]
going to back and I hope that this
[1:28:52]
triggers a review of the policy u so
[1:28:56]
that it's more definitive answer on what
[1:28:58]
you can and cannot do on the trail. Can
[1:29:00]
you gain it uh when it more or less
[1:29:03]
becomes a dependent road or do you have
[1:29:04]
to leave it open to put up signage no
[1:29:06]
vehicle? I don't know. But um you may
[1:29:09]
want to look at that. There are other
[1:29:10]
trails in town that probably need to be
[1:29:13]
addressed so this discussion is easier
[1:29:16]
to have. Kelly, there there is another
[1:29:19]
place that I do recall the ancient roads
[1:29:23]
committee issue and when those those
[1:29:26]
roads came up or those conversions to
[1:29:29]
trails or whatever at that time uh a
[1:29:33]
trail did say that no motorized needs
[1:29:37]
and so so we do need to find that and
[1:29:40]
make sure that got changed. Um and and
[1:29:44]
the other thing is in in this proposed
[1:29:47]
um uh next steps, the four next steps,
[1:29:51]
would it be appropriate to to include
[1:29:53]
the Arisons in some of that? I know
[1:29:55]
we're talking about changing the trail,
[1:29:57]
but the road and the trail are kind of
[1:30:00]
one and and if you're talking about
[1:30:02]
changes that are needed, they've
[1:30:03]
mentioned a few and what's going on.
[1:30:05]
Should they be listed in there? Is just
[1:30:07]
to make sure that everybody that's up
[1:30:09]
there is on the same page and it's part
[1:30:11]
of your It's up to you guys. I don't
[1:30:13]
have a problem meeting with the TARS and
[1:30:15]
the Arisons to review. Um I I just you
[1:30:20]
know if we're going to move in that
[1:30:22]
direction I'm just suggesting maybe your
[1:30:25]
names are in the these
[1:30:28]
right we are still the owner of that
[1:30:30]
lot. Yeah. And um that we haven't gotten
[1:30:33]
that part of that and how we're going to
[1:30:35]
handle that.
[1:30:40]
We have discussed what happens if you
[1:30:42]
guys get divorced.
[1:30:46]
This being that nonetheless, things
[1:30:48]
happen. Yeah. And if somebody else own
[1:30:51]
the barn across the road,
[1:30:55]
you start charging rent. Yeah.
[1:30:58]
Feeling fluffy. And now now is divorce.
[1:31:01]
I mean he says that but I think it is
[1:31:03]
important right because might not be
[1:31:05]
owned by the same family and that's the
[1:31:08]
way it has to be considered.
[1:31:10]
Well that's what brought me back to the
[1:31:12]
uh the DRB and the planning commission
[1:31:15]
which gave up the subdivisions because
[1:31:17]
you do have property on both sides of
[1:31:19]
the roads here. But I do I do recall
[1:31:22]
this this lower section is three to
[1:31:24]
five. pretty sure on the
[1:31:27]
that would be the south side of the
[1:31:29]
class three where your barn is, right?
[1:31:31]
Yep. That's that's the south side. Yeah.
[1:31:33]
Right. I'm pretty I'm I'm positive that
[1:31:37]
side is three to five maybe. Right. And and pretty from that from that
[1:31:42]
subdivision you submitted a year or two
[1:31:44]
ago. I think it was and the the other
[1:31:47]
side is 10. So I think they got that law is over 10 acres 20 acres I
[1:31:52]
think you said.
[1:31:54]
could easily subdivide three acres off
[1:31:56]
there and separate the barn from those
[1:31:59]
if you wanted to do that. I'm just but I
[1:32:01]
don't think any of that matters in this discussion. It doesn't in the
[1:32:05]
future it may there's I'm just pointing
[1:32:08]
out that it's the ability to do that.
[1:32:10]
You don't have to do 10 acres on that
[1:32:11]
over there for that house. And and there
[1:32:13]
may be a way to to configure it so you
[1:32:16]
don't have to do a land trust. We still
[1:32:18]
own that land, right? And and they
[1:32:22]
wouldn't we don't have front yard. But
[1:32:25]
all I mean is we just have to be
[1:32:27]
consistent around anytime anybody asked
[1:32:29]
for a trail or change it from foot
[1:32:31]
traffic only to motorized. We just have
[1:32:34]
to have a that that's where we have to
[1:32:36]
be consistent whether it's this
[1:32:37]
situation or right any trail that's
[1:32:40]
designated a trail you just be
[1:32:42]
consistent on the process to change it
[1:32:45]
to allow motorized or improvements. I'm
[1:32:48]
all about improving the trails because I
[1:32:49]
think they're a great asset to the town.
[1:32:52]
Uh and I think it's done well by other
[1:32:54]
communities who are using their class
[1:32:57]
four roads and their their trails.
[1:33:00]
Brandon, do you did you craft a motion
[1:33:02]
for this? Uh to approve the request
[1:33:04]
subject to conditions to be outlined in
[1:33:06]
a formal agreement and its proposed next
[1:33:09]
steps. So the select board, if it feels
[1:33:12]
comfortable, would approve the request
[1:33:15]
subject to conditions that the county
[1:33:17]
attorney
[1:33:18]
and I will create for the next meeting.
[1:33:22]
Okay. So you don't need a motion to make
[1:33:24]
or you do. I don't I don't I'm not
[1:33:26]
ready.
[1:33:28]
That's where I was trying to get, you
[1:33:30]
know, I wanted John I wanted John in
[1:33:32]
here, Patty's answer. So, you guys want
[1:33:35]
us to negotiate an agreement prior to a
[1:33:38]
motion? I do. Okay. I think personally
[1:33:41]
just there seem to be a lot of
[1:33:43]
uncertainties. Number one, it's a
[1:33:45]
precedent to allow residential
[1:33:46]
development off of a trail and I'm not
[1:33:49]
sure what kind of Pandora's box that
[1:33:52]
might open. I'm I'm more comfortable
[1:33:55]
with I know we have given permission
[1:33:57]
when I say we I mean this board has
[1:33:59]
given permission for people to
[1:34:03]
develop residential properties off of
[1:34:05]
class 4 town highways that we've done
[1:34:08]
before and I'm I'm I'm more comfortable
[1:34:11]
with that than I am. This seems like a
[1:34:15]
house of cards to me a little bit. It's
[1:34:17]
this very specific situation. Um the
[1:34:21]
future I want to make an agreement that
[1:34:24]
is going to be solid through the future
[1:34:26]
regardless of who the parties are that
[1:34:28]
are involved so that we're not keeping
[1:34:31]
track of are they still married? Are you
[1:34:33]
guys still talking to each other? Um who
[1:34:37]
who's taking care of the barn? I I just
[1:34:40]
want to see us work out something that
[1:34:42]
gives them the access that they want but
[1:34:44]
is durable through the future regardless
[1:34:46]
of who the property owners are and what
[1:34:49]
trail we're talking about, right? Like
[1:34:50]
this is about this trail, but there's
[1:34:52]
other trails.
[1:34:54]
Do we want to allow development on
[1:34:56]
trails or do we want But what what
[1:34:58]
you're bringing up doesn't isn't that
[1:35:00]
what we did at the planning commission
[1:35:01]
with subdivision?
[1:35:03]
Well, subdivision you have to have
[1:35:05]
frontage on on a high on a town highway
[1:35:07]
and a trail is not a town highway. Class
[1:35:10]
is class which is back to your point
[1:35:13]
which you've given permission. But but
[1:35:15]
when you're talking about the future and
[1:35:16]
longevity and all of that stuff, you're back to creating a lot that is
[1:35:23]
usable in the future. What we talk about
[1:35:26]
providing access to a lot that's durable
[1:35:29]
over time, not a specific agreement for
[1:35:32]
this particular situation in these
[1:35:35]
particular parties that may not hold up
[1:35:37]
in the future.
[1:35:40]
Well, that's why I'm thinking
[1:35:41]
subdivision is probably I don't see that
[1:35:44]
subdivision is necessary in this case.
[1:35:47]
There is a freestanding lot. It's
[1:35:48]
naturally created by the roads that
[1:35:50]
surround it. There's no other house on
[1:35:54]
this lot. So, subdivision isn't
[1:35:56]
necessary. Okay. If they want to divide
[1:35:58]
the house off from the barn, then that
[1:36:01]
becomes they still have front edge on
[1:36:03]
the center road here. Whether it's
[1:36:04]
accessible or not is never been
[1:36:07]
required. Oh, I I see what you're
[1:36:09]
saying. See what I'm saying? Yeah. See,
[1:36:10]
technically they have this lot has
[1:36:13]
usable frontage on two class 3 town
[1:36:16]
highways. In fact, road is class two.
[1:36:19]
Should we ask for review from the DRB on
[1:36:21]
this? I don't think so. I think
[1:36:25]
the question is, do we want to
[1:36:28]
set by allowing residential development
[1:36:31]
off of a trail?
[1:36:33]
That that for me is my piece.
[1:36:36]
I'm I'm more comfortable. Yes, it's just
[1:36:38]
probably an academic exercise, but I I'm
[1:36:42]
more comfortable with
[1:36:44]
upgrading
[1:36:46]
reclassifying that section of this trail
[1:36:48]
to a class 4. It was class 4 before. Put
[1:36:51]
it back to a class 4 and then give them
[1:36:54]
permission to have their driveway off.
[1:36:56]
Then it becomes a highway. And that for
[1:36:59]
me solves a lot of regardless of the
[1:37:02]
importance.
[1:37:05]
Yeah. And being being a separate law,
[1:37:07]
you know, you know, if you lose your
[1:37:08]
barn, that's that's on you. Yeah. You
[1:37:11]
might have to move it across.
[1:37:15]
Well, I just and if we're diligent about
[1:37:17]
it, the trans changing it from from a
[1:37:20]
trail I understand your point completely
[1:37:23]
um into changing it to that section to a
[1:37:26]
class 4 could take place fairly rapidly
[1:37:30]
with a few meetings and you guys come
[1:37:32]
out and visit and all that. You get to
[1:37:34]
see the pretty view and all that. I
[1:37:36]
don't I don't see that as a as a Well,
[1:37:38]
we can formulate it in the pouring
[1:37:40]
array.
[1:37:42]
I'll bring my Do we have to survey it?
[1:37:45]
That's always been thrown up every time
[1:37:47]
we try to reclassify the Crown Point
[1:37:49]
Road to a trail. We have to survey.
[1:37:52]
Yeah, we reclassified part of Katy Hill
[1:37:55]
Road without surveying.
[1:37:58]
We went from a class three to a class 4
[1:38:00]
and it was not survey. We uh went from a
[1:38:03]
class three to a trail. Well, whatever
[1:38:07]
it was, you reclassified it without
[1:38:09]
surveying. So, it's not like we've
[1:38:11]
jumped on this before.
[1:38:14]
What's the one What's the one off the
[1:38:16]
Katy Hill that goes up to Binghams? We
[1:38:18]
did that. That That one got upgraded.
[1:38:21]
Yeah, that was changed. I I don't think
[1:38:23]
that was right. You're still going to
[1:38:26]
have a can of worms if you take and turn
[1:38:29]
it into a class 4 so they can use it for
[1:38:31]
their driveway. How you going to what's
[1:38:34]
going to happen to every trail in town
[1:38:35]
if somebody wants to to turn that into a
[1:38:37]
class four? You're still going to be in
[1:38:39]
the same the same legal basis, right?
[1:38:42]
But you're still going to be in the same
[1:38:43]
You're going to have to really do what's
[1:38:45]
the policy for what's the criteria for
[1:38:47]
making a trail to a class 4. It's in
[1:38:49]
statute.
[1:38:51]
I guess my point is if I came to you and
[1:38:53]
I said I wanted to make
[1:38:56]
another trail in town, a class 4, you
[1:38:58]
told me no because you wanted to keep
[1:39:00]
that a trail. How come you told them yes
[1:39:02]
and telling me no? That's the point I'm
[1:39:04]
trying to make with every case is
[1:39:05]
different. Yeah. You have to review each
[1:39:08]
case separately because every case is
[1:39:10]
absolutely different depending on where
[1:39:12]
you are at the public. We have a public
[1:39:15]
meeting that gets warmed. Um we notify
[1:39:18]
Butters
[1:39:21]
if we're going to go through the class 4
[1:39:22]
road process that's fine as well. In
[1:39:25]
this case the butter list is pretty
[1:39:26]
short.
[1:39:30]
So,
[1:39:33]
is there anything we have to do tonight
[1:39:35]
for this or I I guess I'm just kind of
[1:39:38]
looking for some direction. Do we want
[1:39:40]
to go the class 4 road process or
[1:39:46]
want me to kind of move in the direction
[1:39:47]
of using the trail for the access? Do
[1:39:51]
you guys want to see what both options
[1:39:54]
look like for the next meeting?
[1:39:57]
I don't want this to drag on too long
[1:39:58]
for these folks. Yeah,
[1:40:01]
we already did drag it on a little bit
[1:40:03]
because I was looking to get guidance
[1:40:05]
from town council on this. It did take a
[1:40:08]
couple of couple of meetings to get back
[1:40:10]
to it. Um, which isn't a
[1:40:14]
request to rush the process. Well, I say
[1:40:18]
perhaps the question we got to do is
[1:40:20]
find out about that motorized vehicle
[1:40:21]
thing they used to be paying. If that's
[1:40:24]
I found anything I put something into
[1:40:26]
the LCT the municipal assistance center
[1:40:28]
to ask that question. I couldn't find
[1:40:30]
any statuto reference to that, but I
[1:40:31]
know it was in place on the ancient
[1:40:33]
roads.
[1:40:35]
If it was, it should be it should be
[1:40:36]
repealed. There should be a number for
[1:40:38]
it. It was would have been repealed.
[1:40:40]
Would it be in somewhere located in the
[1:40:42]
minutes or documents of our ancient
[1:40:43]
roads? I I didn't come into the road.
[1:40:48]
I put in a request for
[1:40:52]
municipal see if you can I I think
[1:40:56]
and and maybe that solves part of that
[1:40:59]
problem but you're still talking about a
[1:41:02]
trail and a and you know driveway access
[1:41:05]
off in this case the trail is not being
[1:41:07]
used as frontage
[1:41:10]
technically if it was being used as
[1:41:13]
frontage I would be adamant to vote in
[1:41:15]
the last war But it's not. There's
[1:41:19]
plenty of frontage on this lot to
[1:41:20]
satisfy that require. They just want a
[1:41:23]
driveway.
[1:41:41]
I'm ready. Would be okay.
[1:41:47]
to come back to the select board with an
[1:41:49]
avenue for both and answer all the
[1:41:51]
questions and then they can make a
[1:41:52]
choice to whether go to class 4 trail
[1:41:55]
get more answers on the motorized
[1:41:57]
vehicle and the process and all that.
[1:42:00]
Absolutely. prepared to the next meeting
[1:42:03]
June 23rd. Yeah, if that's the way the
[1:42:05]
board wants, you know,
[1:42:12]
if if that's where we go, then we
[1:42:15]
parallel request to upgrade a class four
[1:42:17]
road exactly the same time so we get to
[1:42:20]
the finish line together.
[1:42:22]
That way we know the whole process for
[1:42:23]
both and you guys can make a decision
[1:42:25]
based on what we want updating for
[1:42:28]
policies.
[1:42:29]
Do you want to see what a general policy
[1:42:32]
would look like? We don't show these as
[1:42:34]
well.
[1:42:37]
Not
[1:42:39]
to do it. Okay. Let's bring this to the
[1:42:42]
finish line. All right.
[1:42:45]
I agree.
[1:42:50]
Thank you.
[1:42:52]
This is
[1:42:54]
Thank you. We see you at our next
[1:42:56]
meeting. Yes, absolutely. Thank you.
[1:43:00]
Started rolling it down. We'll figure it
[1:43:02]
out. Yeah.
[1:43:04]
Okay. Next item. Number 10, purchase and
[1:43:06]
policy. The second reading.
[1:43:21]
Um, what changed?
[1:43:24]
Um, so there there have been some
[1:43:26]
changes. Um, I received uh input from
[1:43:29]
the treasurer and also the accountant.
[1:43:31]
um upon the purching policy. We also
[1:43:34]
made the changes that you requested in
[1:43:36]
the last meeting which is number one. Um
[1:43:39]
section 3.2
[1:43:41]
removed the phrase except for employee
[1:43:43]
reimbursement. We'll continue to use the
[1:43:46]
existing one that's been working well.
[1:43:48]
Um
[1:43:49]
section 3.2 2, we added the requirement
[1:43:52]
that all designates must be approved in
[1:43:54]
advance for the kind of content,
[1:43:58]
which is like if Ray State wanted to
[1:44:02]
designate a person within the highway
[1:44:04]
department to be able to make purchases
[1:44:07]
on his behalf, the accountant would just
[1:44:09]
need to be notified about that
[1:44:10]
improvement.
[1:44:12]
Um,
[1:44:14]
section 3.2 remove the sentence.
[1:44:16]
employee reimbursements regardless of
[1:44:18]
the amount require a purchase order and
[1:44:19]
prepared. Again, our existing form is
[1:44:22]
working well. Um, and it seemed to be
[1:44:25]
fine with the treasurer and also the
[1:44:26]
accountant. Um, and so
[1:44:29]
section 3.3 the wording by changing
[1:44:32]
between to overt adjusted the threshold
[1:44:35]
from 501 to 500 and added up to 4200. So
[1:44:39]
it's just something
[1:44:43]
23 updated language
[1:44:45]
to do not require the approval in
[1:44:47]
advance from the town manager but should
[1:44:49]
be submitted to the finance department
[1:44:51]
within 72 hours. Um and again that's
[1:44:54]
just so that the accountant can be
[1:44:56]
informed
[1:44:58]
um on any purchases that are made so she
[1:45:01]
has an understanding when it comes to
[1:45:02]
the warrant.
[1:45:04]
Sections 3.4 4 replace between with over
[1:45:07]
and add up to and then we added a new
[1:45:11]
clause for employee reimbursements
[1:45:13]
section 3.8 Okay.
[1:45:32]
Is there, forgive me if this is a dumb
[1:45:36]
question, the things that are eligible
[1:45:38]
for reimbursement, is that categorized
[1:45:41]
somewhere, listed somewhere, provided in
[1:45:43]
the purchasing policy? Um so we the way
[1:45:47]
we define that is um
[1:45:52]
as a as an account expense that an
[1:45:55]
employee made. So like if I think for in
[1:46:00]
the highway department for example
[1:46:02]
employees purchase boots and then they
[1:46:04]
get reimbured for them. Um
[1:46:07]
also occasionally if a an employee goes
[1:46:10]
to a conference and then decides to stay
[1:46:13]
overnight we pay for it in advance we
[1:46:15]
would reimburse the hotel with hotel
[1:46:17]
expenses. Um there are other common
[1:46:20]
expenses like when the fire departments
[1:46:23]
um are on scene and they buy coffee and
[1:46:25]
donuts and they ask for reimbursement
[1:46:27]
for that. So it's it's a lot of
[1:46:30]
sometimes it's pizza. Has there been any
[1:46:36]
difficulties with that years ago like
[1:46:39]
but for the most part people understand
[1:46:41]
they need to either ask ahead of time is
[1:46:43]
this eligible or they make the correct
[1:46:45]
assumption I haven't had any issues
[1:46:47]
since I don't want to make it an issue
[1:46:49]
if it's since 2020 I think was the last
[1:46:53]
issue with expense reimbursements and it
[1:46:56]
was cleared up so if it becomes an issue
[1:46:59]
we could always spell it out there but
[1:47:01]
absolutely right now it's not a No, not
[1:47:04]
at all. Yeah, it seems like if it was a
[1:47:07]
request for something that would be an
[1:47:09]
issue, it wouldn't be denied. As long as
[1:47:11]
they seem to ask, too. If they don't and
[1:47:13]
assume it's going to be okay and it's
[1:47:15]
not punishable. Well, problem. Well,
[1:47:19]
exactly.
[1:47:21]
But, um, I don't want to make it a
[1:47:22]
problem. Yeah. Yeah. Everyone's very
[1:47:24]
reasonable. Yeah. That I've worked with
[1:47:26]
in the past and and currently. And this
[1:47:29]
is all receipts. Receipt. It's called
[1:47:32]
reimbursement. you know, you have to
[1:47:33]
produce a receipt for the hotel room or
[1:47:35]
the boots or whatever. The biggest
[1:47:38]
issues we were having in the past is not
[1:47:39]
receiving receipts
[1:47:42]
and we didn't like that too much because
[1:47:44]
like you go to the pizza shop, you get a
[1:47:47]
couple of pizzas. We just want to be
[1:47:49]
sure that it's not fair or anything in
[1:47:51]
there. It's something that the treasurer
[1:47:53]
really wanted. um
[1:47:56]
has to be an item just so that we can
[1:48:00]
have the newspaper that shows it. Plus,
[1:48:02]
it I don't think any employee would
[1:48:04]
actually ask for reimbursement, but
[1:48:08]
maybe it went back
[1:48:13]
to the third reading. Okay, second.
[1:48:16]
Any discussion?
[1:48:18]
All those in favor? I I
[1:48:22]
next time.
[1:48:26]
And uh
[1:48:30]
yeah, Brian Dumbart, you're up next for
[1:48:32]
the nuisance and unkempt property
[1:48:34]
ordinance.
[1:48:37]
Okay.
[1:48:39]
Is that in your packet? Because I didn't
[1:48:41]
see it in there. I don't see it either.
[1:48:44]
There's nothing in it. Yeah, Ryan. I
[1:48:46]
didn't have it in my bingo.
[1:48:49]
I think I had texted and asked if you
[1:48:52]
had sent it.
[1:48:55]
Okay. You you read the email that uh it
[1:48:57]
was shared with the the town attorney.
[1:49:00]
Um he was still reviewing it. We weren't
[1:49:02]
sure if he was going to have any
[1:49:03]
comments in time for tonight's meeting.
[1:49:05]
Um he hasn't he has some general
[1:49:08]
comments, you know, that an ordinance is
[1:49:11]
a good idea. It's probably the the more
[1:49:14]
effective way to handle these issues.
[1:49:16]
Um, but I have a draft. He's reviewing
[1:49:19]
it. Um, do you how do you want to hand
[1:49:22]
do you want me to sort of go over the gist of it just so you're familiar
[1:49:25]
with it when it comes around again? Um,
[1:49:28]
or do you want to wait for that?
[1:49:31]
I have it up. Basically, I can tell you
[1:49:33]
the purpose and how things are defined
[1:49:34]
and how it works generally.
[1:49:39]
Ryan, you can also share your screen if
[1:49:42]
you'd like. Okay.
[1:49:46]
Well, I guess I can request access from
[1:49:47]
you. Yeah, I sent request.
[1:49:56]
Okay.
[1:50:04]
Are you seeing it?
[1:50:06]
You want me to make it bigger?
[1:50:09]
Well,
[1:50:15]
That work?
[1:50:21]
Can you hear me? Is that working?
[1:50:24]
Yeah, it's working. We're just like
[1:50:26]
reorganizing the screen a little bit
[1:50:29]
from the top. Well, I think in generally
[1:50:31]
though, just give us a summary because I
[1:50:33]
want to end this.
[1:50:38]
Sure. So, I'll just I'll read you the
[1:50:40]
purpose and then we'll go through kind
[1:50:41]
of how it works. The purpose of this
[1:50:43]
ordinance is to protect public health,
[1:50:45]
safety, and welfare, preserve
[1:50:47]
neighborhood character, and promote
[1:50:48]
responsible property stewardship by
[1:50:50]
providing the town with a comprehensive
[1:50:52]
framework to identify, respond to, and
[1:50:54]
resolve conditions on properties that
[1:50:56]
constitute nuisances or unckempt
[1:50:58]
property. The ordinance is designed to
[1:51:01]
work in coordination with zoning,
[1:51:02]
health, and solid waste laws to provide
[1:51:05]
the town with a flexible and enforcable
[1:51:07]
set of tools, including and the
[1:51:10]
including the ability to abate
[1:51:11]
violations and recover associated costs
[1:51:14]
via enforcable leans. And so when when
[1:51:17]
we talked the first time, I just sort of
[1:51:19]
brought it up as a general question
[1:51:21]
about how the board feels about this
[1:51:22]
issue of properties becoming um overrun
[1:51:27]
with with junk and discarded items or or
[1:51:30]
things that people say are their their
[1:51:32]
possessions um hoarding situations,
[1:51:35]
different things like that that I get
[1:51:38]
somewhat frequent um complaints about.
[1:51:42]
and the zoning
[1:51:44]
path for violations in compliance is
[1:51:48]
just not that um effective or
[1:51:51]
costefficient. So, if I were to issue a
[1:51:55]
violation on a property
[1:51:58]
um for this this reason, um one of the
[1:52:02]
avenues that's been tried in the past
[1:52:05]
under past administrators
[1:52:07]
um is to issue a violation that the
[1:52:11]
property owner is operating a junkyard
[1:52:14]
as defined without a permit to do so.
[1:52:18]
Um, and that has been appealed to the zoning board in the past who
[1:52:25]
basically said that the zoning bylaw the
[1:52:27]
definition was too vague um and it
[1:52:29]
wasn't enforceable. And so since then
[1:52:32]
nothing's changed with the the
[1:52:33]
definition of that. But um even if the
[1:52:37]
board upheld it um and there was a
[1:52:41]
active violation on the property, in
[1:52:43]
theory that means that it gets fined on
[1:52:45]
a daily basis. But in practice, it does
[1:52:48]
need to be um the the select board needs
[1:52:51]
to dictate that this goes to the court
[1:52:54]
and then the environmental court needs
[1:52:56]
to agree um with the town's decision and
[1:52:59]
they then set the the fines and the
[1:53:03]
amount um and when they become
[1:53:05]
effective. Usually they're a little bit
[1:53:07]
more lenient. They'll give you 6 months
[1:53:09]
to clean up um where maybe this has
[1:53:11]
already been going on for 6 months or
[1:53:13]
more. Um and so the primary difference
[1:53:17]
is that a st an ordinance on its own
[1:53:20]
separate from zoning has the ability to
[1:53:22]
create a lean on the property and um
[1:53:27]
issue fines kind of like um ticketing
[1:53:31]
fees. Um,
[1:53:34]
so there's a definition section that
[1:53:36]
talks about what a nuisance
[1:53:40]
property is and what unckempt property
[1:53:42]
is and how those are different. Um, it
[1:53:46]
defines who the enforcement officer is
[1:53:48]
and a person which is an individual or a
[1:53:52]
group um, basically a land owner.
[1:53:56]
Um, so those are some things that we
[1:53:58]
that might be worth discussing after you
[1:54:00]
have some time to look at it is those
[1:54:01]
definitions and I'm sure that the
[1:54:03]
attorney will have some some advice on
[1:54:06]
those. Um,
[1:54:11]
so there's I guess the next section just
[1:54:14]
sort of clarifies
[1:54:16]
what um
[1:54:18]
what this ordinance does. And then the
[1:54:21]
enforcement framework
[1:54:23]
section basically says there there could
[1:54:26]
be a zoning option if that's the best
[1:54:28]
way to handle it. Um and it can be
[1:54:31]
handled through a notice of violation if
[1:54:33]
there's a health situation like um
[1:54:36]
someone has a lot of garbage and it's
[1:54:38]
bringing in um rats or something like
[1:54:41]
that and there's documentation. another
[1:54:43]
issue that's been kind of hard to move
[1:54:45]
forward with because the documentation
[1:54:48]
of that is difficult and it doesn't
[1:54:50]
really address things ahead of time.
[1:54:51]
There has to be rats already causing a
[1:54:54]
public health problem um before anything
[1:54:57]
can be done there, but that that's still
[1:54:59]
an option. Um we do have a solid waste
[1:55:02]
ordinance. Um it doesn't talk about
[1:55:06]
enforcement or anything like that. um
[1:55:09]
but another potential avenue. And then
[1:55:12]
under this ordinance, um the enforcement
[1:55:16]
officer would issue a municipal
[1:55:18]
complaint. I'm not sure if that's the
[1:55:19]
appropriate term. The the attorney will clarify that. Um and the violations
[1:55:25]
will be subject to penalties. And so
[1:55:27]
there's a section that talks about how
[1:55:29]
those penalties work. Um
[1:55:35]
so it talks about um
[1:55:38]
violations that don't get resolved um
[1:55:41]
and how the town can um can recover any
[1:55:46]
costs associated with this um cost
[1:55:50]
incured by the town shall be build to
[1:55:52]
the property owner and if unpaid after
[1:55:54]
30 days the town may record a cost as a
[1:55:57]
lean against the property and
[1:56:00]
that gives the town some actual leverage
[1:56:03]
to uh to take take their own action. Um
[1:56:09]
and so in practice sometimes what that
[1:56:11]
looks like and I I think I brought it up
[1:56:13]
last time is what Windsor has done in
[1:56:16]
the past from time to time is get a
[1:56:19]
dumpster and put it on the property and
[1:56:20]
say fill the dumpster and we'll get rid
[1:56:22]
of it or something like that. Um maybe
[1:56:24]
that means that they'll build them
[1:56:25]
afterwards. Ultimately, what we're what
[1:56:27]
the goal is is compliance and fixing the
[1:56:29]
issue. Um, so if that's if paying for a
[1:56:33]
dumpster fixes the issue, that might be
[1:56:35]
a whole lot cheaper than going to court.
[1:56:37]
Um, and then so the next section talks
[1:56:40]
about the penalties. Um, and those
[1:56:43]
numbers are just sort of starting points
[1:56:45]
and uh the attorney and and you all
[1:56:48]
should look at those and whether those
[1:56:50]
are appropriate or not. Um,
[1:56:54]
and then
[1:56:56]
let's see. In addition to penalties, the
[1:56:58]
town may seek injunctive relief,
[1:57:00]
including cleanup orders, entering the
[1:57:02]
property to abate the condition, um,
[1:57:05]
recover all associated abatement costs
[1:57:07]
from the owner, and file a lean on the
[1:57:08]
land records. Um,
[1:57:11]
that's that's the majority of it.
[1:57:15]
Do you have any questions on that?
[1:57:28]
I don't hear anybody say well I I've got
[1:57:30]
a lot of them but I mean not right now
[1:57:33]
until I have the document completely to
[1:57:35]
go over
[1:57:37]
and look at. Um any questions about the
[1:57:41]
concept
[1:57:43]
of enforcing these things?
[1:57:46]
The the one question I did have written
[1:57:48]
down is and I know we've had this in our
[1:57:51]
town um where the state uh was notified
[1:57:55]
that there's some language where the
[1:57:57]
state has to actually come in and
[1:57:58]
declare a junkyard. Yeah. Right. I think
[1:58:03]
that's in statute. And we we don't
[1:58:05]
actually get to make that determination
[1:58:07]
that
[1:58:09]
we we have to ask the state for them to
[1:58:11]
come in and and give that determination.
[1:58:13]
I'm just going to direct that to the
[1:58:14]
land use administrator. That question, I
[1:58:17]
think that depends if we're going to be
[1:58:19]
pursuing it as a state enforcement
[1:58:22]
action or a town enforcement action. If
[1:58:23]
we want the state to do the work, um
[1:58:26]
they obviously need to make sure it
[1:58:28]
meets their definitions. But if we're
[1:58:29]
going to pursue it as a zoning
[1:58:30]
violation, it just has to meet our
[1:58:32]
zoning violation or zoning definitions.
[1:58:35]
Um and the problem with the state
[1:58:39]
enforcement is their capacity. they're
[1:58:41]
such a it's such a big area and the
[1:58:44]
number of these types of properties is
[1:58:45]
really high. Um, and their ability to
[1:58:49]
address some of the smaller ones, which
[1:58:52]
would be the majority of what we're
[1:58:53]
dealing with is it doesn't do it doesn't
[1:58:57]
do much. Okay.
[1:59:00]
Well, that answers that question.
[1:59:03]
Um yeah, in definitions there's
[1:59:05]
definitely some things that need to be
[1:59:07]
clarified like interferes with um in
[1:59:11]
number one um what would be considered
[1:59:14]
interference
[1:59:16]
uh by by a neighboring property uh to
[1:59:20]
somebody reasonably reasonable use and
[1:59:23]
enjoyment of their property. That would
[1:59:25]
have to be specifically you'd have to
[1:59:27]
know what that interference if what
[1:59:29]
rises to interference.
[1:59:32]
I' I'd have to know what that is.
[1:59:36]
Um I mean it creates unsightly that's
[1:59:38]
obvious.
[1:59:41]
The other one violates I mean the other
[1:59:43]
the rest of it is pretty obvious but
[1:59:45]
interfering
[1:59:47]
that's big. You know what does that
[1:59:49]
mean? You know I mean is it so bad that
[1:59:51]
it's blocking the road and I can't get
[1:59:52]
to my property? Well, I think if someone
[1:59:55]
wanted to submit a complaint about a
[1:59:57]
property and that was the only section
[1:59:59]
of this ordinance that applied to their
[2:00:01]
situation, um I guess I can think of
[2:00:04]
like rats might be a a situation like
[2:00:08]
that and maybe the health ordin the
[2:00:10]
health order is a better path, but um
[2:00:13]
maybe not if they if they you know can't
[2:00:16]
maintain their you know residential use
[2:00:18]
of the property. So if they can't have
[2:00:20]
like a garden or something like that
[2:00:22]
because of the number of raccoons and
[2:00:25]
you know different things that are there
[2:00:27]
that might be interfering with their you
[2:00:29]
know residential use of their property.
[2:00:32]
Um and similarly a business might have complaints where their you know
[2:00:37]
commercial use of their property is
[2:00:39]
impacted by a neighbor's um you know
[2:00:43]
their their condition. That would be one
[2:00:45]
that I would see comes under one. The
[2:00:48]
other the other couple that you
[2:00:50]
mentioned are three and four. They're
[2:00:51]
already there. But but that's
[2:00:55]
what means.
[2:01:00]
Yeah.
[2:01:02]
Um if we can get a copy of that so we
[2:01:05]
can look at it. Yeah. That'd be great.
[2:01:07]
Yeah. So might have more questions that
[2:01:09]
we might want to have clarified.
[2:01:14]
Yep. Definitely. it. The the other thing
[2:01:17]
I am concerned about is and this is for
[2:01:20]
the for the town side of it is if we
[2:01:23]
were to say, "Okay, you violated we're
[2:01:26]
coming on your property and we're fixing
[2:01:28]
your property." That's a scary thing. I
[2:01:31]
think I mean
[2:01:34]
you summed it up as saying that well
[2:01:36]
maybe you see that as being a town maybe
[2:01:39]
putting a dumpster there. Well, you
[2:01:40]
still kind of got to get permission to
[2:01:42]
do that, don't you?
[2:01:44]
that that's what this ordinance does.
[2:01:46]
That's that's kind of the the idea is as
[2:01:49]
long as they've met the criteria in the
[2:01:51]
ordinance and they haven't they've been
[2:01:53]
given a due it does say after due
[2:01:55]
notice. Um but they've been given you
[2:01:57]
know the due process that's laid out in
[2:01:59]
the ordinance and they've failed to
[2:02:01]
comply then the next step is you know
[2:02:04]
real action because that's kind of where
[2:02:06]
our current regulations
[2:02:08]
fade out is you can say all kinds of
[2:02:11]
things but you can't you can't do
[2:02:12]
anything about it. So that I think
[2:02:14]
that's the that's ultimately the goal of
[2:02:16]
this ordinance, which is why I'm kind of
[2:02:18]
trying to feel out how the board feels
[2:02:20]
about addressing the the issue. Um, but
[2:02:25]
if it is something that that the board
[2:02:27]
wants to pursue, um, I think that's kind
[2:02:30]
of the idea.
[2:02:33]
I I get that and I agree with you. I'm
[2:02:35]
just a little concerned about showing up
[2:02:37]
on somebody's property. Even even with
[2:02:40]
all of this,
[2:02:42]
you know, that could be quite the
[2:02:44]
confrontation. Even even going through
[2:02:46]
the process, it could still be a pretty
[2:02:50]
busy confrontation. I I would assume the
[2:02:52]
sheriffs would be there
[2:02:55]
and stuff and you could you could be
[2:02:59]
looking down the peril and come. You
[2:03:01]
never know.
[2:03:07]
fireworks shop. It's just a little bit
[2:03:09]
of scary situation. I think that's all.
[2:03:12]
I mean, I know we need the teeth. I that
[2:03:14]
I understand.
[2:03:17]
So, I think the next step was would be
[2:03:20]
to get it in writing, right? One and and
[2:03:23]
see what the attorney also says.
[2:03:26]
If we can get if we can get a copy of
[2:03:28]
that and then uh after we hear back from
[2:03:31]
the attorney, we'd like to uh go over it
[2:03:33]
again so we can get our two cents worth.
[2:03:37]
I I got one little more two cents to go
[2:03:39]
with that. Ryan, um should we ask the
[2:03:42]
DRB uh to also maybe give some feedback
[2:03:46]
on what they think the planning
[2:03:48]
commission should do with the zoning
[2:03:50]
bylaws to work with this?
[2:03:54]
I just one one question on Well, I got a
[2:03:56]
question on the floor first. I'm sorry.
[2:03:59]
Go ahead.
[2:04:01]
I guess that question is to Ryan. Okay.
[2:04:05]
Should the DRB advise on this ordinance?
[2:04:08]
Not not on this ordinance, but uh should
[2:04:10]
the DRB uh u review the ordinance and
[2:04:13]
review um the zoning bylaws that that
[2:04:16]
are referenced because there are some
[2:04:18]
references to zoning bylaws in the
[2:04:19]
ordinance, right? Is there something
[2:04:21]
more that could be done that that would
[2:04:23]
be that they might
[2:04:26]
uh request the planning commission look
[2:04:27]
into um
[2:04:30]
dealing with within the zoning bylaws?
[2:04:34]
Might be more of a planning commission
[2:04:35]
question. The DRB basically
[2:04:39]
operates the what the with what the
[2:04:41]
bylaws are. I don't think they've dealt
[2:04:43]
with many um of these types of issues.
[2:04:47]
There was that one that I mentioned
[2:04:49]
maybe five or six years ago um that that
[2:04:52]
was an appeal from a notice of violation
[2:04:55]
was issued and the the uh the appel I
[2:04:59]
guess the violator appealed. Um but
[2:05:02]
other than that I don't know if they've you know that's really in their
[2:05:06]
wheelhouse. It's kind of a legislative
[2:05:08]
question. Should something be done in
[2:05:09]
the bylaws to address it? I I understand
[2:05:12]
that and being being one of the planning
[2:05:14]
commissioners, I was kind of trying to
[2:05:16]
get some help from somebody else while
[2:05:18]
we're tying up to the town plan.
[2:05:21]
Maybe I just don't think it's their
[2:05:23]
role. No, they could make suggestions to
[2:05:26]
us, I guess, is what I was looking for.
[2:05:28]
They could suggestions that that kind of
[2:05:31]
thing that would help us because like I
[2:05:33]
said, we're we're we're we don't have a
[2:05:36]
town plan right now. We're kind of
[2:05:37]
focused on getting through that and we
[2:05:39]
still got a ways to go. you know that
[2:05:41]
you've done a lot of great work there
[2:05:43]
and anyway
[2:05:47]
I just want to add that uh well I agree
[2:05:49]
with most of that especially when it
[2:05:51]
comes to the health or junk and this and
[2:05:53]
that well I would also add that if if
[2:05:56]
someone's property so bad that it
[2:05:58]
lowered the value of your place when you
[2:06:00]
try to sell it but adding to that I
[2:06:02]
would say having owned several acres in
[2:06:05]
the Midwest in a HOA I would also warn
[2:06:08]
against the town starting to operate
[2:06:10]
like an HOA and like who's policing us,
[2:06:13]
what what is decided, who's deciding
[2:06:15]
what is unkempt, you know? I mean, uh,
[2:06:18]
you know, we we dealt with that there
[2:06:20]
where a guy did operate on a small had a
[2:06:24]
small body shop and he had a couple two
[2:06:26]
or three pads out back. Well, the HOA
[2:06:28]
said, "No, you can't do that." Um, they
[2:06:30]
can do that. It's, you know, these might
[2:06:33]
be pass,
[2:06:34]
you know, I I would warn a belt that,
[2:06:37]
you know, you know, it's you're
[2:06:40]
threading on thin ground.
[2:06:43]
There there might be a need to identify
[2:06:46]
a level. Yeah. Like if you're dealing
[2:06:49]
with a junkyard or health hazard. Yeah.
[2:06:52]
Um, you know, just what that is, right?
[2:06:54]
Need to be more clearly defined. I mean
[2:06:57]
that that happened years ago and with a body shop too. He had cars and he moved out of state went down south
[2:07:06]
because he said I couldn't operate
[2:07:09]
in this town. So
[2:07:21]
Janette Rogue discussion it's a good job
[2:07:23]
Ryan. Thank you Ryan. Thank you. All
[2:07:26]
right. Thank you. Good night. Good
[2:07:29]
night.
[2:07:32]
This is a divorce
[2:07:34]
road. Yeah, I brought this up. The folks
[2:07:36]
on Janess Road have trouble getting
[2:07:39]
packages because ever since the name was
[2:07:41]
changed from Schoolhouse Road to Genesis
[2:07:44]
Road
[2:07:45]
GPS and nobody can get deliver
[2:07:54]
um and and another resident on the road
[2:07:57]
had told me that and confirmed it. It's a very similar situation to Stokes
[2:08:01]
Road where the GPS
[2:08:04]
sent people in the wrong place and and
[2:08:06]
no nothing could change it. So the folks
[2:08:09]
on that road came to the board and asked
[2:08:11]
the board to change the name. I don't
[2:08:14]
think that solved the problem. So I was
[2:08:16]
just wondering would the board be
[2:08:17]
considering would it consider changing
[2:08:20]
the name of Jennis Road back to
[2:08:22]
Schoolhouse Road so people can get their
[2:08:23]
deliveries?
[2:08:25]
I know it was your mom that asked to
[2:08:27]
have it changed to Janess Road and I
[2:08:29]
don't remember the reason why but it was
[2:08:31]
originally intended to be Janess Road.
[2:08:34]
Pardon? Was your mom who had asked to
[2:08:36]
have it changed? I I think I don't
[2:08:40]
recall that she was the person who asked
[2:08:41]
to have it changed, but I think it was
[2:08:43]
changed because Weathersfield has two
[2:08:45]
schoolhouse roads and it was changed at
[2:08:47]
the at the time of 911. Maybe she was
[2:08:50]
the one that said that their name was
[2:08:52]
originally intended to be the first as
[2:08:55]
to change it. They were the first
[2:08:56]
residents of that room. But it is true.
[2:08:59]
GPS can't find can't find it. UPS can't
[2:09:03]
find it and the ambulance can't find it.
[2:09:06]
Um FedEx can't find it. UPS they can't
[2:09:10]
nobody can find it. So what you have to
[2:09:11]
do is give them um the Windsor zip code
[2:09:15]
because if you get your mail delivered
[2:09:17]
at home
[2:09:20]
Yeah. But the but the house numbers
[2:09:23]
don't make any sense. My my parents
[2:09:25]
house is either 54 or 186 depending on
[2:09:29]
what you're looking at because I think
[2:09:31]
we figured out that when the name was
[2:09:35]
changed for 911, the numbers weren't
[2:09:38]
changed but the numbers don't make
[2:09:39]
sense. Anyway, no one can find no one
[2:09:42]
can apologize, right? So, I was asked if
[2:09:46]
I would do something about it and I
[2:09:48]
thought I'd bring it up to the board.
[2:09:50]
Okay, good to know. Um, I know we don't
[2:09:53]
have anything to do with 911 numbering,
[2:09:55]
but we do we can have a say in the name
[2:09:58]
of the road. It used to be called
[2:10:00]
Schoolhouse Road. You could just put
[2:10:01]
back to school. Well, but if you have
[2:10:04]
another road that's schoolhouse road,
[2:10:06]
like Patty said, schoolhouse road isn't
[2:10:10]
um
[2:10:12]
schoolhouse road. Yes, but it's got
[2:10:17]
school. You have you have as road, you
[2:10:19]
have grout road. Yeah, you have to
[2:10:20]
schoolhouse road against schoolhouse
[2:10:22]
road. Okay, it's not the same. All
[2:10:23]
right, solves that question. But going up the hill is schoolhouse road
[2:10:28]
and it used to be all the way but but
[2:10:31]
now it's up the road is schoolhouse road
[2:10:33]
and
[2:10:34]
that leg is Jenna road. Um but it always
[2:10:37]
was called school and Springfield's got
[2:10:39]
that above the uh fire station. You when
[2:10:42]
you head up the hill and you turn out
[2:10:44]
it's it's like one and then and then
[2:10:47]
when you turn right it turns to Wilson.
[2:10:49]
But you don't see. Everybody says they
[2:10:51]
live on Wilson, which is you got like
[2:10:53]
this little section that to get there.
[2:10:55]
No, you can never find it. There is a
[2:10:57]
little sign that says Jennis Road. But
[2:10:59]
if you're somewhere else and you're
[2:11:00]
trying to find it, it doesn't show up
[2:11:02]
correctly on GPS. But and the ambulance
[2:11:04]
has even gone to the wrong house because
[2:11:06]
of the numbering system being screwed
[2:11:08]
up. But is there not a way to update the
[2:11:12]
GPS? I mean, didn't Spring was chain a
[2:11:15]
whole bunch of I mean, road names. We
[2:11:17]
had the same problem. Carly road. I
[2:11:19]
think that was another one that was a
[2:11:20]
problem. It's just impossible. What do
[2:11:23]
we do with that? I mean, I don't think
[2:11:24]
it is.
[2:11:26]
Google and GPS and all those mapping. I
[2:11:30]
won't make a joke about any golfs, but
[2:11:32]
um uh it seems like there probably is a
[2:11:36]
process for registered road. I mean,
[2:11:39]
we're not the only town that has changed
[2:11:40]
names. Your solution might be the
[2:11:43]
easiest. Our solution. I have no idea.
[2:11:45]
According to the books on George there
[2:11:48]
was but somehow or other people if you if
[2:11:53]
you type in Jennis road 05030
[2:11:57]
you won't get you have to type it in as
[2:11:59]
05089 because it's registered in Windsor
[2:12:02]
because the mail comes through right
[2:12:05]
just like you have to type in
[2:12:07]
Springfield to get to it even though
[2:12:09]
it's in field we have five
[2:12:13]
yeah and some wins there are some people
[2:12:15]
live in Weathersfield and Springfield.
[2:12:18]
So, this is a federal government issue.
[2:12:20]
I have a Windsor adder.
[2:12:23]
You want to say you change the name of
[2:12:25]
the back schoolhouse? Isn't it still
[2:12:27]
going to have the same zip code? It will
[2:12:29]
still come from Windsor. That's why I
[2:12:31]
want I want to research it. Um, I'll
[2:12:33]
give you guys an update at the next
[2:12:34]
meeting. Thank you. You're welcome. I
[2:12:36]
can say I brought it out.
[2:12:38]
I fulfilled the promise. Thank you so
[2:12:41]
much.
[2:12:42]
agenda. Did you say you wanted to add to
[2:12:44]
this, RA?
[2:12:46]
Um, under future agenda items. That's
[2:12:48]
where we are. Yes. Okay. Um,
[2:12:52]
uh, questions have been raised lately
[2:12:54]
about whatever became the wastewater
[2:12:56]
feasibility study for Perkinsville. So,
[2:13:00]
we haven't heard anything from that from
[2:13:02]
a long, long time.
[2:13:04]
Um, and in a conversation the other day,
[2:13:08]
I don't even remember who I was talking
[2:13:11]
with now. Uh, but we were talking about
[2:13:15]
how things get communicated in this town
[2:13:17]
and how hard it is to communicate stuff
[2:13:19]
in this town. And the question arose,
[2:13:22]
would it be possible to have I guess
[2:13:25]
they're called sandwich boards?
[2:13:29]
Yeah, I know. You know, we have one here
[2:13:31]
about the dogs and the taxes in front of
[2:13:33]
the town hall, but could would it be
[2:13:35]
possible to have sandwich boards for
[2:13:38]
important meetings or hearings or things
[2:13:41]
like that? That could be for example at Downers at where Weathersfield Center
[2:13:48]
Road comes into 131 where
[2:13:52]
you know in the scutney at the dump of
[2:13:55]
the sorry transfer station
[2:14:00]
you know a couple of key places where
[2:14:03]
people tend to go
[2:14:07]
um just so there's more visibility and
[2:14:10]
you know because not everybody reads
[2:14:11]
front porch forum. Not everybody is on
[2:14:15]
Facebook. Um we I think we just need to
[2:14:18]
find as many ways to communicate and get
[2:14:20]
the word out as possible. When I was at
[2:14:23]
town manager day, actually that and
[2:14:26]
direct mail were were deemed like the
[2:14:28]
most effective at getting the word out.
[2:14:30]
Yeah. Yeah. The question the question
[2:14:33]
become on the sandwich boards becomes
[2:14:35]
who's who's going to main table. Yeah.
[2:14:37]
Right. Right.
[2:14:40]
growing digital signs.
[2:14:46]
The only one of those town right up that
[2:14:48]
state right away was the general
[2:14:50]
everything else state.
[2:14:52]
you come to us. And the other question
[2:14:55]
was whether in in at the Perkinsville
[2:14:58]
post office there is a bulletin board
[2:15:01]
where we post they're both public
[2:15:04]
there's a public notice board and
[2:15:05]
there's a town notice board but they're
[2:15:08]
at the if you come in the front door and
[2:15:11]
most people in fact park around the back
[2:15:13]
side of the building never see they
[2:15:15]
never see it are totally unaware that
[2:15:18]
there's a sideboard. So I just and I
[2:15:21]
don't have no idea what it's like over
[2:15:23]
here in at the Escotty post office. What
[2:15:26]
I just heard is lock the back door.
[2:15:29]
Yeah, we we cannot post
[2:15:33]
we can't post at the post offices. They
[2:15:36]
do that.
[2:15:39]
Yeah. The only reason we're allowed to
[2:15:41]
in Burtonville is because that area is
[2:15:44]
actually not controlled by the post
[2:15:46]
office. So in in li of uh posting at the
[2:15:50]
Scotty post office now we're posting at
[2:15:52]
the library.
[2:15:54]
Oh interesting at Martin Hall and then
[2:15:56]
at the middle post office building.
[2:16:00]
Yeah. Isn't it interesting that we pay
[2:16:02]
for all of that and we can't use it? I
[2:16:05]
mean if it's a government building it's
[2:16:06]
taxpayers dollars. Yeah. Which makes
[2:16:09]
that us. Yeah. I I do pay my taxes. We
[2:16:12]
went back and forth. I think you were on
[2:16:15]
the board actually. I think both Kelly
[2:16:17]
and Mike were on the board at that time.
[2:16:18]
Yeah. And I Yeah, I remember. Yeah.
[2:16:22]
Legal. Well, I've had people gotten
[2:16:24]
fired from the postal department for
[2:16:27]
putting stuff up that they're not
[2:16:28]
supposed
[2:16:33]
to say. That's a good thing.
[2:16:36]
So, I know a lot about So, we're not
[2:16:38]
supposed to mention that politics might
[2:16:40]
have worked its way into that. So, no.
[2:16:43]
I'm sure it did.
[2:16:48]
Yeah, a second. Um, also for future
[2:16:52]
agenda items. Sorry, we have um some
[2:16:58]
I put out something is why I said that.
[2:17:01]
Job performance for Brandon. Oh, yes.
[2:17:04]
There's some paperwork here. No, you
[2:17:07]
don't get one.
[2:17:11]
Yes. So, I didn't know. You guys might
[2:17:14]
want to look at these. These are
[2:17:15]
something that Brandon printed. Also,
[2:17:18]
this is what we use for all kinds. Yes,
[2:17:20]
we do it. Should I do a good job? Yes or
[2:17:23]
no?
[2:17:27]
When I was looking at it this weekend, I
[2:17:30]
um
[2:17:32]
I I want to know I got questions I want
[2:17:36]
to have an answer. So, I don't know if
[2:17:38]
anyone else has questions like um
[2:17:44]
I want to know what are your goal or
[2:17:47]
goals for the coming year and how do you
[2:17:49]
plan to achieve them? Um
[2:17:52]
what support or resources do you need to
[2:17:54]
enhance your performance?
[2:17:57]
I know that he's got a lot on his plate
[2:17:59]
of stuff that
[2:18:02]
is consuming his time and upstairs in
[2:18:05]
the office that shouldn't be. So, I I
[2:18:08]
just think that there's a lot of
[2:18:10]
questions that maybe someone may have
[2:18:12]
that they might want to ask him during
[2:18:14]
this performance. I don't know if they
[2:18:16]
want to ask him prior to the meeting so
[2:18:20]
that he can have time to get answers.
[2:18:25]
Do questions of what kind of support do
[2:18:28]
you need actually fit into an evaluation
[2:18:31]
of a person's
[2:18:33]
probably not performance? That that's
[2:18:36]
the the first question. What was the
[2:18:37]
verdict and that one I didn't seem so
[2:18:39]
bad. What is your goal or goals for for
[2:18:41]
the coming year and how do you plan to
[2:18:43]
achieve that? Well, it does have other
[2:18:45]
goals in here.
[2:18:47]
This factor will measure other areas
[2:18:50]
that are applicable to the employee
[2:18:51]
performance.
[2:18:52]
The only thing I worry about, Kelly, is
[2:18:54]
you give them too much open-ended. It's
[2:18:55]
going to be 12 pages.
[2:19:00]
Do we have Do we actually have a copy of
[2:19:03]
your job description? Is there a job
[2:19:05]
description? It's a It's a contract. I
[2:19:07]
can get a copy of the contract. Yeah.
[2:19:10]
Yeah. That should be that should
[2:19:11]
be with this. I actually I do agree that
[2:19:14]
I think it this is just this is just a
[2:19:17]
check mark thingy. This is not even
[2:19:19]
asking questions. Well, it is in the
[2:19:20]
back, but I do I do agree asking what
[2:19:23]
kind of supports to that you can be more
[2:19:25]
successful in. I mean, it's something in
[2:19:27]
my role like that is something I ask
[2:19:31]
folks when we do evaluations.
[2:19:35]
Kelly, so the way that Can I have that
[2:19:38]
puppy? Yeah. So, this is the one that we
[2:19:40]
use for all time employees and you
[2:19:42]
actually
[2:19:44]
you you check it and then you write
[2:19:46]
underneath it as well. Oh, okay. So what
[2:19:49]
we typically do is we we check one of
[2:19:52]
these four boxes and then we write a a
[2:19:54]
paragraph
[2:19:56]
that correlates to their to their job.
[2:19:58]
So
[2:20:02]
one would not know that by leaving it
[2:20:05]
provided the comment. I have two members
[2:20:07]
asked for you to tell us what you need.
[2:20:10]
So I'm comfortable you writing it down
[2:20:12]
and giving it to us.
[2:20:16]
How are you?
[2:20:21]
manifesto.
[2:20:24]
So, if you guys want to just look
[2:20:25]
through this for our next meeting and
[2:20:28]
then we can discuss it then if that's
[2:20:29]
all right with you guys. You don't want
[2:20:31]
us to do it and hand it in. I don't Can
[2:20:36]
you Yeah, you can hand it in and and
[2:20:38]
then uh you kind of go over it and then
[2:20:40]
call a meeting for us to come together
[2:20:42]
and uh figure out what we're going to do
[2:20:44]
with it before you sit down with him and
[2:20:46]
tell him what we said. Okay.
[2:20:49]
With the red season. I'm I'm pretty
[2:20:52]
blunt so he knows.
[2:20:56]
This is just something that you uh that
[2:20:58]
we signed that needs to go in your
[2:20:59]
folder. Oh, did we advertise it? because
[2:21:02]
I was we should do
[2:21:06]
the mud.
[2:21:08]
It just needs to go in your folder.
[2:21:15]
So, is that what you guys want to do?
[2:21:16]
Fill this out and hand it in? No. No,
[2:21:19]
not yet. No, not tonight.
[2:21:23]
I want to see the contract. I copy
[2:21:30]
that. I have it.
[2:21:34]
Okay. Appointments. There's no
[2:21:36]
appointments.
[2:21:38]
Any other business? Well, do we have did
[2:21:40]
we have one thing?
[2:21:43]
[Music]
[2:21:45]
That was just underneath when your file
[2:21:48]
goes. Oh. Oh.
[2:21:52]
Got it.
[2:21:55]
Any other business?
[2:21:57]
Nobody on the board? No other business.
[2:22:00]
approve the warrant.
[2:22:05]
Thank you, R.
[2:22:07]
I'll see you tomorrow.
[2:22:10]
Make a motion to approve the warrant.
[2:22:12]
General fund 15,000 uh payroll
[2:22:15]
$15,431.92.
[2:22:18]
Operating expenses $78,23452.
[2:22:20]
[Music]
[2:22:23]
Highway payroll $10,13.93.
[2:22:28]
Operating expenses $4,138.74.
[2:22:32]
Solid waste payroll $2,191.34.
[2:22:35]
[Music]
[2:22:38]
Operating expenses $4,7159.
[2:22:42]
Library payroll $2,399.74.
[2:22:45]
[Music]
[2:22:49]
LB project $64.80.
[2:22:53]
What is that? Um
[2:22:58]
second that till after grand totals
[2:23:00]
payroll $30,126.93
[2:23:04]
operating expenses $86,5965
[2:23:06]
[Music]
[2:23:11]
discussion little scutney bridge project
[2:23:17]
we couldn't fit the whole thing there so
[2:23:19]
we had to
[2:23:21]
what was this those missing bolts or
[2:23:23]
something was for advertising
[2:23:27]
or something.
[2:23:32]
No, there's some truth to what I said.
[2:23:37]
I'm sure it was taken care of.
[2:23:43]
I have no questions on
[2:23:46]
I just got I just got one quick
[2:23:48]
question. What is the credential
[2:23:50]
retirement? Who gets that?
[2:23:54]
It's on page
[2:23:56]
five of five of the payroll for the
[2:23:58]
general fund.
[2:24:10]
$215
[2:24:12]
for two people
[2:24:15]
or twice
[2:24:18]
or the same person twice. Yeah, that's
[2:24:19]
right. Oh, it is two different pay
[2:24:21]
dates.
[2:24:25]
I'm pretty sure I I know this. Do you
[2:24:27]
mind if I still giving you the answer at
[2:24:30]
the next meeting? Yeah. Okay. I'm just
[2:24:31]
curious. I just don't remember seeing
[2:24:33]
that before.
[2:24:36]
That's all I had for questions.
[2:24:39]
Any other questions?
[2:24:42]
All those in favor? Any extensions?
[2:24:48]
Carries.
[2:24:49]
Motion to adjurnn. So move
[2:24:52]
second second. Journ 8:56 p.m. in favor.
[2:25:03]
[Music]
[2:25:14]
Heat. Heat.
[2:25:19]
[Music]