BS0650

POWNAL SELECT BOARD

TOWN OFFICE

POWNAL, VT

 

REGULAR MEETING

THURSDAY, NOVEMBER 2, 2006

 

MINUTES

 

Board Members Present:  Chairman Nelson Brownell; Vice Chair Don Prouty; Steve Kauppi; Ron Bisson; Frank Saunders

Also Present:  CAT-TV, Banner, North Adams Transcript, Penny Fehr, Town Attorney Peter Van Oot, Louise Larus, Joanne Prouty, Cindy Towslee, Mr.  & Mrs. Bill Petitt, Frank Lamb

 

Chairman Nelson Brownell opened the Regular Meeting at 7:30 p.m.

 

1.      Agenda Approval

 

Mr. Saunders moved and Mr. Kauppi seconded to approve the agenda.  The motion carried.

 

2.      Approval of Minutes

 

 

Mr. Kauppi moved and Mr. Prouty seconded to approve the Public Hearing Minutes of  October 11, 2006 for the Town Plan.  The motion carried.

 

Mr. Saunders moved and Mr. Kauppi seconded to approve the Public Hearing Minutes of  October 11, 2006 for the Zoning Bylaws.  The motion carried with Mr. Bisson abstaining.

 

Mr. Saunders moved and Mr. Kauppi seconded to approve the Public Hearing Minutes of  October 12, 2006 for the Town Plan.  The motion carried.

 

Mr.  Prouty moved and Mr. Kauppi seconded to approve the Public Hearing Minutes of  October 12, 2006 for the Zoning Bylaws.  The motion carried.

 

Mr.  Saunders moved and Mr. Prouty seconded to approve the Regular Meeting Minutes of  October 19, 2006.  The motion carried.

 

3.  Warrants:

 

Mr.  Kauppi moved and Mr.  Saunders seconded to approve the Payroll Check Warrant for Pay Period Ending 10/22/06 in the amount of $ 3,647.67.  The motion carried with      Mr. Prouty abstaining.

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Mr.  Kauppi moved and Mr.  Bisson seconded to approve the Payroll Check Warrant for Pay Period Ending 10/29/06 in the amount of $ 6,179.54.  The motion carried with      Mr. Prouty abstaining.

 

Mr. Saunders moved and Mr. Prouty seconded to approve the Accounts Payable Check Warrant #17 dated 10/27/06 in the amount of $ 15,972.03.  The motion carried.

 

Mr.  Saunders moved and Mr. Kauppi seconded to approve the Accounts Payable Check Warrant #18 dated 11/03/06 in the amount of $ 7,045.92.  The motion carried.

 

 

Wastewater Project:

 

Mr. Saunders moved and Mr. Kauppi seconded to approve the Wastewater Project Payroll Check Warrant for Pay Period Ending 10/23/06 in the amount of $ 405.76.  The motion carried with Mr. Prouty abstaining.

 

Mr. Prouty moved and Mr. Saunders seconded to approve the Wastewater Project Accounts Payable Check Warrant #WW17 dated 10/27/06 in the amount of $ 2,375.05.  The motion carried.

 

Mr. Prouty moved and Mr.  Saunders seconded to approve the Wastewater Project Accounts Payable Check Warrant #C1-36 dated 10/27/06 in the amount of $ 2,296.26. The motion carried.

 

Mr.  Prouty moved and Mr.  Kauppi seconded to approve the Wastewater Project Accounts Payable Check Warrant #C2A11 dated 10/27/06 in the amount of $ 39,608.98. The motion carried.

 

Mr. Prouty moved and Mr.  Kauppi seconded to approve the Wastewater Project Accounts Payable Check Warrant #C4-28 dated 10/27/06 in the amount of $ 3,347.77. The motion carried.

 

Mr. Saunders moved and Mr. Prouty seconded to approve the Wastewater Project Accounts Payable Check Warrant #C5-23 dated 10/27/06 in the amount of $ 25,279.19. The motion carried.

 

Mr. Kauppi moved and Mr. Prouty seconded to approve the Wastewater Project Accounts Payable Check Warrant #C7-12 dated 10/27/06 in the amount of $ 15,113.79. The motion carried.

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Mr. Saunders moved and Mr. Kauppi seconded to approve the Wastewater Project Accounts Payable Check Warrant #C8-12 dated 10/27/06 in the amount of $ 16,427.56. The motion carried.

 

Mr. Prouty moved and Mr.  Kauppi seconded to approve the Wastewater Project Accounts Payable Check Warrant  # Replumb R-08 dated 10/27/06 in the amount of        $ 11,891.47.  The motion carried.

 

 

 

4.  Mail:

 

  1. Town Clerk memo for early voting hours
  2. Application to increase the Treasurer’s Bond from $ 250,000 to $ 500,000 per the recommendation of the Vermont Community Development Program.  Mr. Prouty moved and Mr. Kauppi seconded to sign the application.  The motion carried.
  3. CAT-TV Contract Renewal.  Mr. Kauppi moved and Mr. Prouty seconded to sign the renewal.  The motion carried.
  4. The Road Foreman signed off on the road work done by John Patterson on Sweet Rd.
  5. Driveway Access Permit- James & Jean Cottrell, South Stream Rd.

Mr. Kauppi moved and Mr. Prouty seconded to approve.  The motion carried.

  1. Driveway Access Permit- Michael Crawford & Kristy Keir, South Stream Rd.

Mr. Saunders moved and Mr. Prouty seconded to approve.  The motion carried.

  1. Road Foreman’s Weekly Road Reports
  2. Contract Plow- Bruce Burrington

Mr. Kauppi moved and Mr. Prouty seconded to sign the Contract Plow contract with Bruce Burrington.  The motion carried.

8.  Dept. of Housing & Community Affairs   RE:  Village Center Designation for North Pownal and Pownal Center.  The two villages met the statutory requirements.

9.  Petition signed by 196 registered voters of the Town opposing the Selectmen’s action with regards to the Zoning Bylaws to allow for Halfway Houses/Group homes as Conditional Use in the RR1, RR2 and Village Districts.  Mr. Prouty moved and Mr. Kauppi seconded to acknowledge receipt of the petition and to wait for review of the petition by the Secretary of State.  Considerable discussion followed.  The Selectmen did not accept the Planning Commission’s recommendation to make Halfway Houses Not Permitted in the three districts.  Halfway Houses have been a Conditional Use in the three districts since 2002.  Halfway Houses are intended for lesser criminal offenses or minimum security individuals.    There has not been a zoning application submitted for a Halfway House in the past 10 years nor is there an application at this time.

 

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Frank Lamb, Development Review Board Chairman discussed Conditional Uses.  The DRB can set conditions and their decision may be challenged in Environmental Court.  The board heard comments from Jean Prouty and Louise Larus.  Due to the way the petition was presented, residents who signed the petition may have thought that there was a Halfway House coming to Town.  It was discussed that currently, individuals are already housed through out Town with no Town control whereas a home approved by the Town as a Conditional Use there would be control.  The board is awaiting the Secretary of State’s opinion.  The motion carried.

 

Other:

 

William Petitt wished to discuss non-compliance with the Zoning Bylaws.              Mr. Brownell stated that the board cannot discuss the issue per the Town’s attorney’s advice.

 

Louise Larus wished to address a fence that the apple orchard put up that is within the Town’s right-of-way.  Louise presented photos of the fence to the board and a letter signed by residents on West Carpenter Hill Rd. asking the Selectmen to make the orchard move the fence back.  The fence is less than 8 feet tall.  This is not a zoning issue.

 

Mr. Kauppi moved and Mr. Saunders seconded to have the Road Foreman inspect the fence for any safety or maintenance issues.  The Road Foreman will meet with the board next week.  The motion carried.

 

Executive Session- Barlow Landfill

 potential litigation involving real property value

 

At 8:20 p.m., Mr. Kauppi moved and Mr. Saunders seconded to enter into executive session based on the Town’s attorney’s recommendation.  The motion carried.  Also present were Peter Van Oot, Esq., Penny Fehr, Rep. Bill Botzow and Linda Sciarappa.

 

At 9:55 p.m., Mr. Prouty moved and Mr. Kauppi seconded to come out of executive session.  The motion carried.

 

Mr. Prouty moved and Mr. Kauppi seconded for the town’s attorney to respond to the State’s letter of June 20, 2006.  The motion carried.

 

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Adjournment

 

Mr. Prouty moved and Mr. Kauppi seconded to adjourn at 9:56 p.m.  The motion carried.

 

Respectfully submitted,

Linda Sciarappa, Admin. Asst.

 

POWNAL BOARD OF SELECTMEN:

 

 

__________________________________________

Nelson Brownell, Chairman

 

__________________________________________

Don Prouty, Vice Chairman

 

__________________________________________

Steve Kauppi

 

__________________________________________

Ron Bisson

 

__________________________________________

Frank Saunders

 

Approved:  _________________________________