Wednesday, January 21, 2015

NO NEW GUN CONTROL LAWS


The Vermont Federation of Sportsmen's Clubs has booked the large Vermont State House Cafeteria
on Tuesday, Jan. 27 for Vermonters to use to express their opposition to gun control legislation.
VTFSC will be working there 2 PM to 7:30 PM and encourages gun owners  to be there and be heard.

Delores Luebke of West Pawlet is working to get a bus that people from Rutland County could go up together on. At 5:30 on the same day, the VTGOP is hosting their 2015 Inaugural Celebration at Capitol Plaza. Its possible that the bus could return at the end of that event. If you would be interested contact her atluebked@aim.com




Vermont Federation of Sportsmen's Clubs, Inc.
Proudly Serving Vermont Since 1875

ATTENTION:  VERMONT SPORTSMEN & SPORTSWOMEN
Let's Tell Our Legislators:  NO  NEW  GUN  CONTROL  LAWS

Where:  Vermont State House, Montpelier
When:  Tuesday,  January  27th,  2:00PM  to  7:30PM
What:   Vermont  Sportspersons  Filling  the  State House

Vermont's Gun Control lobby is telling our legislators that the population of Vermont has changed; that your rights and values are no longer relevant.  They say that you are not willing to be bothered to protect your rights, and that you will not oppose their laundry-list of New York City-type of gun control.  They say 2015 is the year for Vermont to enact big city gun control restrictions and you will passively not object.
Even though Vermont has an existing law which states that no municipality can attempt to regulate the "possession, ownership, transportation, transfer, sale, purchase, carrying, licensing or registration of traps, firearms, ammunition or components of firearms or ammunition" (V.S.A. Tile 24 §2295 - better known as the "Sportsmen's Bill of Rights"), last year the politicians of Burlington acted in utter contempt of this law by moving forward to the State Legislature several anti-firearm resolutions to change their Charter.  If these Charter changes are passed this will gravely impact ALL Vermont Sportspersons because towns and cities across the state would then be empowered to enact their own shooting, hunting and trapping bans, ending up with state-wide patchwork of conflicting ordinances.
          Beyond that:  There is now an anti-firearm group in Vermont spending a lot of money for the most expensive lobbyists in the state.  This group claims to be a "grass-roots" Vermont organization, but does not show the exact source(s) of their funding. 
We believe the following facts speak for themselves:
·        At least 2 of the anti-firearm ordinances proposed for Burlington have been ruled by courts as unconstitutional in other states, the third is virtually unenforceable, and all are against existing state law
·        Vermont is the safest state in the nation due to Vermont having the lowest violent crime rate per capita
·        Criminals do not obey laws, criminals will always be able to get firearms, and senseless restrictions on honest citizens will most assuredly be appreciated by violent thugs and criminals

NO ONE CAN DO THIS FOR YOU - THIS ISSUE EFFECTS US ALL

Wear Orange, Be Polite & Respectful, but let us FILL OUR STATE HOUSE!

Mark Your Calendars, Further Details Will Be Forthcoming










-- 

PS 73v28
As for me, it is good for me to draw near to God: therefore I have put my trust in the Lord God, that I may declare all thy works.

Tuesday, January 20, 2015

Town Of Mount Holly Ordinance All-Terrain Vehicle Regulations

Town Of Mount Holly Ordinance
All-Terrain Vehicle Regulations
Authority
Under the authority granted in Vermont Title 24 V.S.A. Chapter 59, 24 V.S.A Section 2291 (4) and Vermont Title 23 V.S.A. Chapter 31, Section 3510, the Select Board of the Town of Mount Holly hereby adopts the following civil ordinance regulating the time, manner and location of operation of all-terrain vehicles within the town. This ordinance and accompanying regulations are adopted as a supplement to and not a substitute for any Vermont statutes and regulations pertaining to all-terrain vehicles.
Purpose
The purpose of this ordinance is to allow Mount Holly residents, landowners, and their guests, who have the appropriate permission to travel on private land, limited approval for their all terrain vehicles to travel on identified and approved town highways (or sections of highways), to connect to other private property, while protecting the health and safety of all vehicle operators, residents, animals, property and the environment.
Definitions
This ordinance will adopt the definitions of “All-Terrain Vehicle” or “ATV” and “Operate” as defined in Vermont Title 23 V.S.A. Chapter 31 section 3501.
Operation Requirements
The requirements below must be strictly adhered to when operating an all-terrain vehicle on town highways. Any violations will revoke the permission from the Town of Mount Holly to operate an all-terrain vehicle on the town highways and the applicable State laws will apply.
1) All-terrain vehicles must be registered and operated in accordance to the requirements of Vermont Title 23 V.S.A. Chapter 31.
2) All-terrain vehicles may only be operated on town highways when they are not posted for weight restrictions. Agricultural use is exempt from this restriction.
3) All-terrain vehicles may only be operated on town highways from one hour before sunrise to one hour after sunset.
4) All-terrain vehicles may only be operated on sections of town highways that have been
designated and approved by the Select Board.
5) All traffic control devices apply to the operation of all-terrain vehicles.
6) All-terrain vehicles on the town highway will travel to the far right side, single file, at a spee not to exceed 20 miles per hour.
7) The operator of an all-terrain vehicle being operated on a town highway will yield right of way to all other vehicle and pedestrian traffic including but not limited to bicyclist
and horses.
8) The operator of an all-terrain vehicle being operated on a town highway must possess a
valid motor vehicle operator’s license.
9) An all-terrain vehicle being operated on a town highway must be covered by a liability insurance policy.
10) The operator of an all-terrain vehicle being operated on a town highway must properly wear a D.O.T. approved helmet.
Highway Approval Process
1) All-terrain vehicles will only be allowed to travel on town highways (or sections of
highways) approved by the Select Board.
2) Each highway (or section of highway) will require someone to volunteer to act as a
contact person for the highway and will be responsible for the following:
A. Submission of the permission application to the ATV Liaison. The application will
include address and contact information of the contact person.
B. Purchase and post the required signage at both ends of the area opened for all terrain vehicle travel. Only those signs approved by the Select Board will be allowed.
C. Assist local law enforcement investigating violations of this ordinance when possible.
3) The ATV Liaison(s) will be appointed by the Select Board and will be responsible for:
A. Reviewing permission applications for completeness and compliance.
B. Verifying that the approved signage is properly posted (once approved).
C. Posting notice of highways to be opened in the Chit Chat and News Flash to allow residents to comment on the opening of the highway.
D. Making recommendations to the Select Board on the approval decision.
E. Receiving complaints and concerns related to the ordinance from residents and attempting to address them.ATV Ordinance Dec 2014 Page 3 of 5
F. Reporting to the Select Board when requested.
4) The Select Board reserves the right to allow or deny permission to operate an all-terrain vehicle on any town highway (or section of highway). The Select Board reserves the right to rescind any or all permissions to operate an all-terrain vehicle on town highways at any time.
Enforcement
This is a civil ordinance and shall be enforced by a constable/sheriff/police officer or any person(s) duly appointed by the Selectboard as an issuing Municipal Officer through the Judicial Bureau in accordance with the provisions of 24 VSA Chapter 59.
Severability
If any section of this ordinance is held by a court of competent jurisdiction to be invalid, such finding shall not invalidate any other part of this ordinance.
Effective Date
This ordinance shall become effective 60 days after its adoption by the Mount Holly Select Board. If a petition is filed under 24 V.S.A Section 1973, that statute shall govern the taking effect of this ordinance.
Signatures
_____________________________________
James Heald
_____________________________________
Raymond Tarbell
______________________________________
Tim Martin


ATV Ordinance Dec 2014 
Adoption History
1) Agenda item at regular meeting held on _________________
2) Read and approved at regular Select Board meeting on ______________ and entered in the minutes of that meeting which were approved on___________.
3) Posted in public places on _____________.
4) Notice of adoption published in _______________ newspaper on _____________ with a notice of the right to petition.
5) Other actions (petitions, etc.).ATV Ordinance Dec 2014
All-Terrain Vehicle Town Highway Permission Application
Town Highway You Are Requesting Permission To Operate An All-Terrain Vehicle On:
_________________________________________________________________
Starting And Ending Locations On The Above Highway:
_________________________________________________________________
Requestor’s Contact Information:
Name:__________________________________________________________
Address:________________________________________________________
Telephone:_______________________________________________________
Email Address:____________________________________________________
By signing this application you affirm that the approved signage will be appropriately placed (once approved) and agree to be a contact for local law enforcement investigating complaints of violations of the Mount Holly All-Terrain Vehicle Ordinance.
Signed:___________________________________ Date:_______________________
Approved by the Town of Mount Holly Select Board on

_____________________________________
James Heald
_____________________________________
Raymond Tarbell
_____________________________________
Tim Martin

ATV Ordinance Highlighted

SELECT BOARD
JANUARY 13, 2015

The meeting was called to order at 7:30pm by Jim Heald. Raymond Tarbell and Tim Martin were present. All stood and recited the Pledge of Allegiance. Jim welcomed everyone and requested that speakers raise their hand to be recognized, state their name and keep remarks civil and short. He also
reminded everyone that we are ALL part of the Town of Mount Holly and should work for what’s best for ALL of the town.
1. Additions/Deletions to the Agenda: There was one addition to the agenda, regarding the Town Report Books, which was addressed first.
2. Town Report Books: Marcy Tanger reported for the Auditors, that they have been considering not mailing the town books to everyone, but rather have the books available for pickup at the Town Office, or mailed by request. She noted that a number of towns have done this, which results in many
fewer books needed to be printed and mailed. The books cost $5.00 each last year to print; total mailing costs were about $450.00. It has been noted at the post offices that a fair number of books are pulled out of boxes and immediately thrown out. This is a question to be voted on by the town, so
it would not be this year. All town books will be mailed this year.
3. Minutes: The minutes of the regular meeting of December 16 and the special meeting of January 05 were sent out before the meeting for review. There were no corrections or additions. Upon motions made and seconded it was
VOTED: To approve the December 16 minutes. (3-0)
VOTED: To approve the January 05 minutes. (3-0)
4. Highways
 The Board reviewed and signed the Certificate of Highway Mileage to be returned to the State. The mileage is used to calculate the State highway aid payment.
 The Board reviewed the Road and Bridge restrictions, which will remain unchanged. Restricted are Bridge 61 on Cole Road and Bridge 66 on Station Road, which is closed until further notice. The restrictions will be updated for this year using the State’s online system.
 The Board reviewed a letter from Daniels Survey regarding two survey issues and the fact that she has not submitted a bill for her work on the garage/school subdivision. The Board agreed to
send a letter requesting her bill.
5. Report of Treasurer
 David Johnson presented an income and expense statement dated December 31, 2014 showing cash balances of $2,755,673. Outstanding property taxes are down to about $90,000. Solid Waste revenue (label sales) is at about half the budgeted amount. Solid Waste expense are about $2,000 over budget, due to increased costs for refrigerant removal, tires and loading of the scrap
metal pile. (The vendor no longer loads the metal themselves.) Under highway expenses, David noted that repairs are under budget. Winter road materials are down (only 9 hauls so far this year vs. 18 last year), but the large price increase for salt means it will require watching. The new
truck is expected to be delivered tomorrow.
 The Division of Property Valuation and Review results of the statewide survey showed the town with a Common Level of Appraisal of 114.41% (vs. 114.51% last year). The Coefficient of Dispersion is at 15.48% (vs. 18.06% last year). Therefore, the requirement for an appraisal is not expected.
 External Audit: The information from the Rescue Squad was delivered to him last week. He promises a draft at the end of this week, so the audit results will be in the town report.
6. Solar Update
Marcy Tanger and Roland Marx presented information on the Boardman Hill Community Solar Farm, which was commissioned on 12/31/14 by Green Mountain Power. The VT Natural Resource
Council and VT Law School have asked Marcy and Roland to make a presentation to them, as this project could be a prototype model for others to use. They also noted that there are 5 panels available and requested the town consider buying them. The panels would cost $4375 and are projected to return $9-10,000 in electric credits over 20 years. In addition there are annual maintenance costs which are expected to be small ($40-45 for the first year). The Board was reluctant to add more costs to the budget and asked if the panels could be held until the March town meeting, so it could be voted on by the town. Ron Unterman suggested someone might buy the panels and donate them to the town.
7. FY2016 Budget
David Johnson presented the budget created at the January 05 work session, which resulted in a large increase. He noted that one-half of the state appraisal payment must be added as an expense ($5,100). He then presented several opportunities to lower some items. Diesel fuel expenses are down this
year, in part due to less usage and in part to lower fuel costs. He suggested lowering the budget amount $8,000. Health Insurance could be lowered $2,000 and the remaining work on Packer Road could be limited to roughing out the road for this year, saving $10,000. There was a surplus for FY2014, however the costs for moving the fuel tank and replacing the fuel pump was not in the
budget, so some of the surplus must cover that.
As a result, the amount to be raised by property tax was lowered to $986,855. This is a 7% increase over FY 2015, 75% of which is for the first bond principal and interest payment ($48,700). The increase in regular expenses is 1.8%. Upon motion made and seconded, it was:
VOTED: To approve the FY2016 budget as presented and adjusted, with $986,855 to be raised by property tax.
The Board will have the opportunity to review the budget once more when they meet to review and sign the town warrant.
8. Date/Time to review the Town meeting warrant
The Board will meet on Thursday, January 22, 2015 at 6:30 pm for this purpose.
9. Transfer Station
Jeff noted that he has spoken with Jim O’Gorman at Rutland County Solid Waste District (RCSWD) to answer questions regarding the Act 148 changes and likely will not attend the VLCT workshop on January 28 on the topic. He also noted that the Town may need to tweak the Solid Waste Ordinance which was passed a number of years ago.
10. Star Lake Dam Reconstruction
Ron Unterman reported that the State has informally okayed the new design. FOSL is awaiting the
formal approval.

11. ATV Ordinance
 After last month’s meeting and vote, some attendees had asked for written documentation from Attorney Glover regarding the meeting with Jim Heald. A letter from Attorney Glover was read.

The letter reviewed the ordinance approval and petition process, noting that a successful vote to disapprove the ordinance would not necessarily be the same as asking the voters whether the Town should in-fact have an all-terrain vehicle ordinance. He further stated that the ordinance proposals he reviewed could ultimately be attacked as being invalid for its failure to name the
“location” for ATV operation (23 V.S.A. Section 3510) (no roads were specified). He further noted that the proposals established a somewhat perpetual ordinance adoption process, as each road added would be subject to the procedures of 24 V.S.A Sections 1972 and 1973. The ordinances also seemed to establish a fairly comprehensive administration process, requiring
someone, or the Selectboard itself, to administer. He also noted communications with VLCT’s attorney who agreed that the ordinance should establish an initial set of roads and that the ‘administrative process’ could be streamlined.

 The floor was opened for discussion: Can the ordinance be written so that it doesn’t have to go through the process every time? (That’s a question for an attorney.) Couldn’t roads be added once a year, say December to allow any petition vote at town meeting rather than incur costs of a special meeting? That still leaves an issue for the first year, as no roads specified. Perhaps
neither ordinance is the right one and the Board should consider rescinding last month’s vote and put an advisory question up to a vote at town meeting. Is there anything in the new budget forcosts due to the ordinance? (no)

 Jim Heald stated again that he had wanted this to be a vote at town meeting before voting on an ordinance. There was further discussion about rescinding the vote with a question about opening roads to be put on the town meeting warrant.

 Upon motion made and seconded, it was VOTED: To rescind last month’s approval of an ATV ordinance. (2-1 – T. Martin dissented.)

 Upon motion made and seconded, it was VOTED: To place an advisory question on the town meeting warrant regarding opening up some roads to ATVs, with a vote by paper ballot. (2-0-1 - T. Martin abstained.)

12. Planning Commission
 Tim Martin reported that the Planning Commission is working on a new Town Plan and that Bill McGrath is the new chair of the commission.
13. Other Business
 The Board reviewed and signed the Listers’ Certification for the April 2014 Grand List.
 The Board reviewed and signed the VAST Landowners Permission form to allow snowmobiles on town property. (At the meeting, it was not clear where this was, but Steve Howlett (Snodrifters) clarified that it is a piece of property off Route 155, Scampsville.)
 The State notified the Town of the availability of Aquatic Nuisance Control grants for this year.
14. The Board reviewed and signed the December orders for payment.
There being no further business, the meeting was adjourned by motion made, seconded and approved, at 9:18 pm.

Respectfully submitted,
Rhonda Rivers
Minutes are DRAFT until approved at a Select Board meeting. Approved on: __________________