(Original MS-Word Document)

Wilmington Selectboard - Minutes June 5, 2002 7:00 p.m.

Selectboard Members Present: Fred Skwirut, Paul Kasanoff, Michael Penson, Robert Wheeler and John Redd.

Others Present: Sonia Alexander, Mary Towne, Brian Johnson, Gordon Ketterer, Alan Davis, Barker Willard, Jr., Cliff Duncan, Michelle Maynard, Pete Maynard, Harriet Maynard, Mark Hardy, Ed and Deborah Haslund, Bob Covey, Marianne Kipnes, Jack Kipnes, Kevin Downey, Gary Austin, Jim Wiesner, Joe Reagan, Chris Richter, Dawn Nieters, Donald Towne, Gary Gale, Linda Green, Dan Facilla, Margaret Frost, John Cerrato, and others.

  1. Goals and Objectives: John Redd went over the attached list of goals and objectives that the Selectboard and Town Manager developed during the Manager evaluation process. They also included public input from the last few months. The list will be reviewed regularly and timelines developed. New items will be added as they come up and the Board welcomes input from the public.
  2. Additional items added were telecommunications ordinance and tax maps. The Board will conduct another town manager evaluation in October and then annually thereafter.

  3. Visitors and Public Comments:

a. Inquiry about hiring new police officers and feeling they are not needed in a town this size.

  1. Status of Act 60 committees and shadow tax bills. A lawyer has been contacted to look at the list of suggestions. The committee will meet again before another group meeting is held.
  2. The recent petition to abolish the town manager form of government was from a group of people, not just the town clerk. Skwirut's comments diminished their efforts and he should have stepped away from the table to make a statement. Redd said that Skwirut had prefaced his remarks with the caveat that it was strictly his own opinion and not that of the Board.
  3. Roberts Rules of Order would require that the chair does not participate in debate. The Selectboard has not adopted Roberts Rules of Order for their meetings and operate more informally.
  1. Selectboard Comments: Wheeler said he had attended the Planning Commission meeting as Ex-Officio in Redd's place. He said the upcoming zoning bylaws rewrite is very important and will have long-reaching effects. He encouraged everyone to participate. The 4 p.m. meeting time is difficult for both Wheeler and Redd to attend.
  2. Building Inspector: After Jean Canedy's resignation, a part-time building inspector was hired. He subsequently took a full-time job elsewhere and is unavailable days, but is working part time

Wednesday evening and Saturdays. Funding for a full-time building inspector position was voted down at town meeting. The issue now is whether to have a part-time building inspector or none at all.

Discussion included:

    1. The BOCA code is designed for public buildings and not one and two-family homes, farms, or residential day care facilities. There is also a CABO code for one and two-family homes but the only place it is being used in this area is Connecticut.
    2. The BOCA code is a good code for public buildings but that is covered by the state and the state inspects them. Some BOCA rules are very expensive to comply with and restrictive because they do not apply to single-family homes.
    3. If the town has a part-time or full-time building inspector, the town is liable for everything in the code. We should not have a code at all and let the state assume liability for public buildings.

    The item was tabled until next week's meeting.

    1. Brian Johnson, Fire Chief spoke about the Town's Rapid Response Plan that the Selectboard approved and is updated every year. The plan has phone numbers of who to call for what type of emergency. It also identifies high-risk areas and high-risk citizens such as disabled. There is also a special plan for the elementary school that has a propane facility nearby.
    2. He also explained the All Hazard Communication Program, which is a more detailed plan and is also revisited on a regular basis. This plan includes hazardous spills. He spent 5 hours today with FEMA in Newfane today talking about emergency planning. Assistant Fire Chief Richard Covey acts as a back-up person for Johnson when needed. There is not an evacuation plan as such, but we do have designated evacuation centers - the high school and town hall. The school does not have a power back-up yet, but the town was recently given a huge donation of a generator, for which he is looking into set up costs.

      Johnson also reported that the town has written the Insurance Services Office, Inc. to come and re-check our rating due to improvements. This could reduce some insurance premiums. He said that on Route 9 East the 9th dry hydrant has been installed with the help of a state grant.

      Several people have just completed a training class, but the department is always looking for new volunteers. He said he has excellent dedicated people in the department and he is proud to be a part of it. The Board thanked Brian for coming in to update them.

    3. Access Management Categories for State Highways: This was tabled until next week.
    4. Anti-Nudity Draft Ordinance: The attached letter from Police Chief Joe Szarejko was read by Skwirut and discussed. The Board was given a copy of a draft ordinance to consider. This draft was based on an ordinance that has been upheld in court.

    Discussion included:

    A motion was made by Redd, seconded by Kasanoff, that the Selectboard consider adoption of an anti-nudity ordinance at their next meeting. All were in favor.

    1. Correspondence:

    a. A letter from Tom Montemagni of Mount Snow was read. A reply letter will be sent that all money donated to the Town of Wilmington was given directly to the Wilmington Education Fund. The Town of Wilmington did not receive any checks made out to the Town.

      1. A letter was received from Ann Ketterer, Chair, Pettee Memorial Library. After much discussion the trustees have decided that they cannot agree to the proposal regarding the library and Act 60.
      2. A letter from Ed Haslund and memo from Sonia Alexander regarding Road Supervisor/Selectboard Conflict of Interest was received. Mr. Haslund and Alexander will meet and discuss the issue.
      3. A letter from VHB regarding the Bypass was received. State officials and VHB representatives will attend next week's meeting to update the Board.
    1. Act 250 Log was reviewed and no action taken.
    2. Minutes of May 22, 2002 were accepted.
    3. A motion was made by Redd and seconded by Wheeler to go into Executive Session to discuss Civil Actions at Law. All were in favor and the Board entered executive Session at 9:35 p.m. with Alexander and Mary Towne also present. They came out of Executive session at 9:45 p.m. Action: The Board would like to meet in Executive session with the Planning Commission to discuss pending litigation.
    4. Other Business:
      1. Alexander replied to Kasanoff's question of last week that warnings and minutes are not necessary when Listers are conducting their daily work such as viewing properties, etc. because these activities are not considered "meetings".
      2. Alexander told the Board she will be out of the office Thursday and Friday attending the Vermont Town Manager's Conference.

    The meeting adjourned at 9:50 p.m.

    Respectfully submitted,


    Mary Towne, Secretary


    Approved by Wilmington Selectboard


    Fred J. Skwirut, Chair Paul Kasanoff Robert D. Wheeler


    Michael B. Penson John Redd