(Original MS-Word document)

Wilmington Selectboard - Minutes June 12, 2002 7:00 p.m.

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

VTRANS present: Gary DuBray, Kim Murray. VHB present: Lisa Standley, Tom Hooley, and Brian Noyes.

Others Present: Sonia Alexander, Mary Towne, Cliff Duncan, and the following who signed in: Chris Richter, Dawn Nieters, Chris DeBonis, Kevin O'Connor, Mark Hardy, Robert Covey, Susan Manton, Michael Gilberg, Ellen Gilberg, Ted Blackburn, Gary Gale, Linda Green, Donald Towne, Cynthia & Jim Wiesner, Jack and Marianne Kipnes, Geno Lomba, Tom Manton, Kevin Downey, Fred Craven, Peter Morris, Gary Austin, Arlene and Brian Palmiter, Louis & Cynthia Beaudette, Thomas Aiksnoras, Sally & Peter Gore, Steven Brown, Deborah & Ed Haslund, Pete & Harriet Maynard, Donald Perna, Carrie Perna, Daniel Watts, Margaret Frost, Nancy Gassett, Maureen McConnon, Joseph Reagan, Jim Edwards, Don Horton. Richard Covey, David Dusseault, Clyde Ekstrom, Phil Markham, Joanne Ruppel, Diane Warren, Kip Adams, John Cerrato, Jack Dolan.

1. Goals and Objectives: GS Precision/Town Garage was added to the list.

2. VT Agency of Transportation and Lisa Standley, Project Manager, VHB re: Proposed Bypass - Realignment, Noise and Visual Studies: The Selectboard had previously requested information on possibly moving the alignment south of the crest of Castle Hill Road to see if it would be less visible and less noisy to the village. Lisa Standley gave an overview of the new alignment (alternative B) and comparison with the previous one.

Brian Noyes presented an overview of the engineering of the two alignments. In alternative A, the previous alignment, the grade was 5% or less and with alternative B the grades were steeper, up to 7% which is not desirable for trucks. Alt. B would also cost about $10 million more and the amount of cut and exposed material would be much more and more noticeable. Alt. A is closer to a balance between the amount of material taken out and put back.

Tom Hooley presented the noise findings and described how a study is done. If Alt. A is built as opposed to a no-build alternative there is a 4-6% reduction in noise in the village. He found there is less than 1% difference between Alt. A and Alt. B, so there is virtually no noise impact by changing the alignment.

The Draft Environmental Impact Study has the study information on Alternative A. If anyone wants to look at it, there is a copy at the Town Manager's office.

2. Visitors and Public Comments:

  1. Inquiry about the status of the Act 60 issues: The Oversight Committee consisting of the Selectboard, School Board, and Budget Committee will meet on Tuesday, June 18, 2002 at the Wilmington Middle/High School at 5:45 p.m. to discuss Act 60 Issues.
  2. Cliff Duncan expressed concern about the PUD case and the summary judgment concerning interpretation of the PUD wording. All three lawyers in the case have asked the judge to reconsider as they are all in agreement as to what was intended by the ordinance amendment. The Selectboard will put it on their next agenda.

3 Selectboard/Manager Comments:

  1. The Board decided to hold their meeting next week on Tuesday following the Vermont Agency of Transportation meeting at 7 p.m. and cancel their Wednesday meeting.
  2. Rob Wheeler expressed annoyance that audience members were speaking without being recognized.
  3. Fred Skwirut said he received a call from the Brattleboro Reformer that the legislature voted to move Wilmington into the Bennington senatorial district.

5. Building Codes:

  1. A letter was received from Building Inspector Mark Snow clarifying and correcting several statements from the previous week's meeting and expressing his opinion that the building code is needed.
  2. Sonia Alexander said she had researched as requested and found that the Selectboard can repeal the ordinance under the same process that they adopt ordinances.
  3. Kasanoff moved to repeal the Building Ordinance of 1972 and Wheeler seconded the motion.
  4. Discussion included:

      1. Kasanoff doesn't feel it can be administered properly without spending a large amount of money and he does not want to impose requirements that may be an imposition on everyone.
      2. Redd asked how the transition would be handled. The repeal would not go into effect for 60 days. Would building permits continue to be issued or could just the ones in progress be finished? No decision was made and Alexander will look into it.
      3. Skwirut suggested that if the code and inspections are eliminated, a packet could be given out to people advising them that they may want to discuss codes with an architect or professional builder.
      4. Alexander was asked to prepare plans for the office and ramifications upon the current workload.
      5. Zoning fees were discussed.
      6. The State is responsible for public buildings. People could hire a private licensed person to inspect their buildings if they wish. Some banks require this.

Vote: Four in favor and Penson opposed. Alexander will prepare a document for them to sign next week.

6. Public Indecency Ordinance:

  1. A draft ordinance prepared by Alexander was given to the Board.
  2. Letters in favor of adopting the ordinance were received from Leo & Chris Denby and Craig and Doris Olmstead.
  3. Letters opposed to adopting an ordinance were received from Diane W., Bill and Ellie Mae Falconer, Phil Markham, Morley Schloss, Greg Wilson, Bob and Diana Pinkos.
  4. Kasanoff moved and Wheeler seconded that the Board adopt the Wilmington Public Indecency Ordinance of 2002 as presented.
  5. Discussion included:

    1. The changes made from last week's draft were discussed. Alexander said she had added statutory language and deleted some items because there is existing case law and some definitions such as the breastfeeding statement are not required. Kasanoff would like the statement about breastfeeding put back in and amended his motion to include that and Wheeler seconded the amendment.
    2. Redd said he was concerned about Morley Schloss's letter that said that in other places there have been rulings that it is unconstitutional to discriminate - if women cannot show their breasts then men cannot either.
    3. Kasanoff explained the reason for his motion including that he has no problem with nudity but he respects those who do and the nudity is no longer confined to the one area. People water skiing and boating and walking nude in other areas of the lake do not show respect for others. If the power company could have established one area for nudity then the ordinance might not have been needed. He rejected the economic arguments because probably just as many people do not come because of the behavior as those who do.
    4. Skwirut said that the Board heard a lot of testimony from both sides of the issue last year and last week and he would not allow additional testimony unless the other Board members wanted to ask for it. None did.
    5. The waiver and penalty fees were discussed.
    6. Penson said that he is against adoption of the ordinance. He has lived on the lake all his life and he doesn't think this ordinance will solve any problems. Rather, it will cost the police additional work and costs for enforcement and take them away from other needed work.
    7. Wheeler disagreed saying it is really a big problem and he thinks the police will be able to handle it along with their other duties.
    8. Procedure: If adopted, the ordinance would become effective 60 days after adoption unless a petition requesting a vote at a town meeting is filed by 5% of the voters of Wilmington within 44 days of adoption.

Vote: Four in favor and Penson opposed.

7. Correspondence:

  1. A letter was received from Elizabeth and Frederic Sistare regarding the False Alarm Ordinance. Alexander will reply that the Board declined to make any changes.
  2. A letter was read from Dr. Shapira that he would like to donate his property consisting of 9.4 acres on Old Town Road to the town. The property is assessed at $35,000 and taxes owed are $436.90. Tom Manton said the reason he does not want the land is that it is not legally subdivided and would need an Act 250 permit. Alexander was asked to reply saying no thank you.
  3. The Board was invited to an Open House for Sheriff Bill Graham's Retirement on 6/20/02, 3-5 p.m. at Windham County Courthouse, Newfane.
  4. A notice of Insignificant Waste Disposal Approval for Rt 9 Improvements on Kendall Morse property was received from ANR.
    1. VLCT re: Municipal Training Needs Assessment Project Focus Groups: This was tabled until another meeting.
    2. Green Mt. Forest: Notice of Intent to develop an Environmental Impact Statement to revise the 1987 Green Mt. And Finger Lakes Land and Resource Management Plan. (90 day comments from May 2) John Redd will draft comments for the Board's consideration.

8. A Pole Petition was approved for Castle Hill Road.

9. A 2nd class liquor license was approved for Maple Leaf Brewery.

10. Delinquent Tax Sales:

  1. Alexander gave the Board a spreadsheet of delinquencies that have been sent letters as the first step in a routine tax sale. A few have arranged payment plans. It will take a while to do the title searches before a sale can be held.
  2. Haystack lots: Alexander said she determined that it would cost $7,000 to $8,000 excluding staff time to put all of the delinquent lots up for tax sale. She suggested that if we are going to spend that much, perhaps we should have the town prepared to bid on them so that we would not have to spend that amount again if they do not sell. The Board would like to have the maps before them and go down the list one by one before making a decision.

11. Minutes of June 5, 2002 were approved as written upon a motion by Kasanoff and second by Wheeler.

12. Other Business:

  1. A letter was given to the Board from Cynthia Beaudette regarding the Green Meadows case.
  2. Deborah Wetherby, one of the 2 Town Representatives to the Council on Aging, asked for input on elder issues as the Council will be preparing a 3-year plan. Jennifer Fitzgerald also has requested to come in and update the Board on the progress of the Elder Services Task Force. They will both be scheduled on the agenda in 2 weeks.

13. Civil Actions at Law: A motion was made by Redd, seconded by Kasanoff, to go into Executive Session to discuss Civil Actions at Law. All were in favor and the Board entered Executive Session at 9:03 p.m. with Alexander and Towne also present. They came out of Executive Session at 9:35 p.m.

14. The Wilmington Public Indecency Ordinance of 2002 was signed.

15. A motion was made by Redd, seconded by Kasanoff, to go into Executive Session to discuss Civil Actions at Law. All were in favor and the Board entered Executive Session at 9:38 p.m. with Alexander and Towne also present. They came out of Executive Session at 9:42 p.m.

The meeting adjourned at 9:42 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