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: __________________