TOWN OF SPRINGFIELD
BOARD OF SELECTMEN
SELECTMEN’S HALL – 96 MAIN STREET – THIRD FLOOR
MONDAY, NOVEMBER 12, 2012
7:00 P.M.
____________________________________________________________________________________________________________
MINUTES
A. CALL TO ORDER AND ROLL CALL:
Chairman Kristi Morris called the meeting to order at 7:00 PM.
Board Members Present: Chairman, Kristi Morris, Vice Chairman, Michael Knoras, Stephanie Gibson, David Yesman, and Peter MacGillivray,
Also Present: Town Manager, Robert Forguites, Comptroller, Jeffrey Mobus, Town Clerk, Meredith Kelley, Police Chief, Douglas Johnston, and Lieutenant, Mark Fountain.
B. MINUTES:
1. Public Hearing Meeting Minutes– Zoning Bylaws, Monday, October 22, 2012
2. Public Hearing Meeting Minutes – “DRAFT” of Town Plan, Monday, October 22, 2012
3. Regular Board Meeting, Monday, October 22, 2012
Chairman Morris asked if there were any changes to the two Public Hearings of October 22, 2012 and Regular Board Meeting of October 22, 2012. There was a correction to the top heading on the Regular Board Meeting, October 22, 2012. The date indicated at the top heading was October 8, 2012. The date at the top heading should be October 22, 2012.
MOTION: David Yesman motioned to accept the two Public Hearings of October 22, 2012 and accept and the
amended minutes of the Regular Board Meeting of October 22, 2012. Vice Chairman, Michael Knoras
seconded, passed unanimously.
C. ANY REQUESTED ADDITIONS TO THE AGENDA:
Town Manager, Robert Forguites, requested the LEGISLATIVE REPORTS be moved to this time frame as a courtesy
to Senator Alice Nitka. Senator Nitka graciously accepted Mr. Forguites invitation to speak before and with the Board of Selectmen tonight.
Chairman, Kristi Morris, welcomed and thanked everyone for attending tonight’s meeting. Chairman Morris introduced Windsor County Senator, Alice Nitka.
Senator Nitka thanked Mr. Forguites and the Board of Selectmen for the invitation to meet and speak with everyone tonight. She was recently re-elected to the Senate. Senator Nitka shared this year she will be working on the Appropriations Committee. Senator Nitka spoke briefly about education finance. She explained what Consolidation of Superintendents meant. This program was designed to ease the financial burden of small school districts and to share a Superintendent between districts. School Districts would work together to form a Regional School District. Senator Nitka explained this is somewhat of a lengthy process. The newly formed Regional School District would receive tax breaks.
Senator Nitka also shared she had been part of the Gang Task Force for the State. The Drug Task Force focused on drug rehabilitation, reducing the amount of people in prison and figuring out gang activities.
Chairman Morris asked if anyone had questions for Senator Nitka.
Vice Chairman Knoras asked Senator Nitka if the Drug Task Force had discussed getting the drugs out of the Vermont Prisons. He also commented about reducing the amount of inmates in prison by sending inmates back to their own states.
Senator Nitka said the Drug Task Force did discuss the drugs in the prison system. The Drug Dealers and Drug Users are very creative. Drugs go into the prisons on stamps, markers and clothing. Drugs have even been thrown over the fences in the prison yard.
Mr. Knoras said he did not think the State of Vermont had a very good Judicial System when it comes to enforcing penalties once people are arrested. He said there are too many deals cut.
Mr. Morris touched base on the drugs coming into Vermont from other states. He asked the Senator why Vermont doesn’t have stiffer penalties and longer sentences for out of state Drug Dealers. He wanted to know if Senator Nitka thought the Legislature would support this idea.
Senator Nitka stated she knows of some cases where States will trade inmates so they are incrassated in their own states. She also cautioned about keeping inmates longer in prison because of the financial burden to the State.
Chairman Morris also inquired of Senator Nitka if there was extra funding for police coverage available for communities with a large population of lower income homes. The Southern County of Vermont is rated with having 47% lower income homes.
Stephanie Gibson stated she would like to see more accountability to state from people receiving benefits from the State. She sees individuals and families receiving benefits from the State. There are many individuals and families that need help, but there are also people abusing the system. Ms. Gibson has heard of people selling their food cards, using their cash allowances for beer and cigarettes, and sometimes living together to save on housing costs.
Senator Nitka said the Town of Burlington recently passed ordinances restricting the amount of people living in a rented house or apartment. She suggested the Town of Springfield contacting the Town of Burlington for suggestions.
Mr. Knoras took the opportunity to ask why people receiving state benefits for housing receive the funds directly from the State. He wanted to know why the Landlord does not receive the funds directly. He knows of a Landlord that is out a lot of rental income. He also shared that he thought there was a disconnect between the Springfield and Montpelier Fraud Division.
Senator Nitka admitted she did not know what the process was for receiving housing benefits, but she did suggest, what she thought to be a very successful program, “Rent into Court”. Once a Landlord starts having trouble receiving rental payments they should go to court right away. The Landlord would fill out the necessary paperwork. The court system would hold the Landlord’s money until whatever problem between the Landlord and Tenant were worked out. Once the problem was resolved the court would send the Landlord his rental income.
Mr. Knoras also wanted to know what Senator Nitka thought about people playing Leap Frog. They stay in one place a while, build up a bunch of bills and then move on to a different place.
Mr. Yesman asked Senator Nitka if there were any states that required a person to be a resident for so long before they could receive state benefits.
Senator Nitka stated she didn’t think that would be possible because the money is Federal money therefore, the State cannot require such a stipulation. Senator Nitka urged citizens not to give up on the Fraud Department. She said to just keep reporting to the Fraud Department.
At this point Chairman Morris asked Senator Nitka what she thought the Drug Task Force would recommend to the State Legislature at the beginning of the new year.
Senator Nitka shared she did not know the direction the State would go. She certainly hoped the Drug Task Force was going to have recommendations.
Mr. Forguites said he came across an interesting article about the Judicial System asking the courts to reduce the number of Detainees to be reduced daily to 300. During the last six months of 2011 the daily average was 376. Is that because sentencing isn’t happening fast enough? There are Detainees arrested in 2010 that still have not been sentenced.
Senator Nitka felt this was a combination Detainees that can’t be released because they would be a danger to society. The others have not been sentenced yet. Some of these Detainees do not have the bail money to get out either. There are also inmates legible to leave, but they don’t have a place to live.
Comptroller, Jeffrey Mobus, shared that just a little while ago some states passed Drug Testing requirements in order to receive State benefits.
Senator Nitka thought that information was interesting but didn’t feel the State of Vermont would ever require drug testing in order to receive State benefits.
Chief, Douglas Johnston, expressed his frustration with the State’s Benefit Programs. He gave a couple of examples that gave him heartburn. One of the examples was single parents trying to make a go of supporting themselves and their families. These individuals work hard and just can’t make it work. Therefore, they end up receiving benefits and staying home. They make more money living on benefits than actually working because childcare is too expensive or they can’t find the right kind of childcare.
The other situation is people who are receiving state benefits. You would think because they are accepting State assistance they would be living on the bare necessities. Chief Johnston said he has gone into a few homes and there are a 52” TV, cell phones and all sorts of electronic gadgets. Chief Johnston understands that sometimes people need to be helped out. He also feels very strongly there needs to be a better accountability system.
Senator Nitka said she understood what the Chief was talking about. She did mention there was subsidized childcare through the Reach Up Program. However, there are very few childcare providers willing to provide childcare in the evening or all night. There are also not enough childcare providers for infants. Senator Nitka also agreed with Stephanie Gibson in many cases transportation is a big issue too. It is also mandatory for some people receiving benefits to participate so many hours in school and/or working.
Chief Johnston also shared with the Senator that he has a little concern with the Educational System too. The State of New Hampshire has passed a mandatory law that makes the school system accountable if they do not report any act of school violence to the local Police Department. Chief stated the Springfield High School does not always share information with the Police Department. The school district will deal with the act of school violence without the assistance of the law.
Peter MacGillivrary went back to a remark Senator Nitka made earlier that the legislature balanced the budget last year. He applauded her efforts. What has taken place for reducing the deficit; two years ago it was at 122,000,000.00. Senator Nitka said she didn’t know at this time. A couple of items come up all the time. There is the Teachers Retirement Fund and State Employees Retirement Fund. The State is putting more money into the Teacher’s Retirement Fund account every year. The State took over the Teachers Retirement fund in 1940 and there has been an effort to have it funded by the Towns. Many of the Legislatures have fought tooth and nail not to have that happen because that would be a huge burden on property taxes for the Towns.
Robert Forguites agreed that would be a BIG EXPENSE if that got flipped over to the Towns, especially if they have to make up the shortages because it has not been properly funded as opposed to Municipal Retirements. The Municipal Employee Retirement Fund in paid for by partially the employees and partially by the employer, nothing by the State. Mr. Forguites felt the Municipal Employee Fund is in good shape compared with the Teachers Retirement Fund.
Chief Johnston also expressed his concern with some mental health experiences the Police Department has dealt with lately. He understands the Commissioner of Mental Health is trying to act on things; however, the Springfield Hospital based on their association with the Windham Center is now an examination point for involuntary examinations. The Police Department is going to the hospital having to provide some sort of security because of the actions of the individual. This is a drain on the already limited resources the Police Department has to begin with. There needs to be something done about this. He understands, but the solution is just not happening fast enough.
Senator Nitka confirmed with Chief Johnston he meant getting the whole State’s Mental Health System going. Chief Johnston agreed. He heard there were three examination points, and part of the problem with that are people from outside of this community coming in and now Police Department is stuck providing security for the hospital. Chief Johnston feels the Police Department should not be tying up their resources for someone outside the community.
Senator Nitka asked what the hospital had for security. Chief said they have a private security company that basically has a hands off policy. The private security does not deal physically with mental health patients. There was a Deputy Sheriff hired to stand guard, for an individual on emergency hold. It was over a week before a bed was found for this patient. Chief Johnston said that was just not acceptable.
Mr. Forguites thanked Senator Nitka for coming to the Board of Selectmen meeting tonight. Mr. Forguites would like to invite local representatives over the next month and half for discussions with the Board. He hopes to schedule one representative at each of the next three Board meetings. Mr. Forguites would like to have everyone in before the Legislature convenes.
D. CITIZENS TO ADDRESS THE BOARD:
E. PRIORITY BUSINESS:
F. PETITIONS AND COMMUNICATIONS:
G. BOARDS, COMMISSIONS AND DEPARTMENTAL MINUTES AND REPORTS:
1. Springfield Regional Development Corporation Meeting Minutes – September 25, 2012
2. Springfield Senior Center Monthly Newsletter – November 2012
3. Springfield Parks & Recreation – Winter Program Guide 2012
Chairman Morris acknowledged the September 25th Meeting Minutes from the Springfield Regional Development Corporation, the November Monthly Newsletter from the Springfield Senior Center and the Winter Program Guide from Springfield Parks & Recreation.
Chairman Morris asked if there where Citizens to address the Board. There were none.
However, Mr. Forguites asked if Chairman Morris if he would like to open up the Local Control Commission because the applicant was now at the meeting or the schedule could go ahead as listed.
Chairman Morris wanted to move along to OLD BUSINESS.
H. ORDINANCES AND RESOLUTIONS:
I. OLD BUSINESS:
1. Citizen Concerns – a. Police Activity Update:
Chairman Morris confirmed with Chief Johnston and Lieutenant Fountain that Foot Patrols were still happening as often as possible. He also commented he appreciated that. He also mentioned that certain areas of Town were still being patrolled. He said he was still banking on the three individuals being incarcerated.
Chairman Morris shared that he personally attend a Police Forum in Rutland two weeks ago. A Public Forum was announced for questions and answers with different agencies. Chief Baker of Rutland hosted the Forum that was moderated by David Wolk, the President of Castleton College. A Representative from the Department of Corrections, Parole and Police, Attorney General’s Office, State’s Attorneys and Mental Health Program Representatives. The Forum lasted about two and half hours. He went because the concerns they have in Rutland appear to be the same concerns in Springfield. He thought it was important to see how other areas were trying to handle the situation. Chairman Morris said he was pleasantly surprised to see that some of the activities we suggested are what is happening in Rutland. Providing the budget passes, Rutland is hoping to hire a person to work inside the Police Department to act as a Coordinator of Information for accountability. In addition, Chief Baker is looking at hiring additional staff to decrease drug activities occurring in Rutland.
Chairman Morris asked if someone wanted to report on the Police Activity Sub-Committee.
Stephanie Gibson said Peter MacGillivray and she met with Chief Johnston and Lieutenant Fountain to narrow down what the focus of the Police Activity Sub-Committee will be. They are working with Laura Cody McNaughton, who is a Consultant for the State of Vermont. She will be serving as our Facilitator. She will be working at pulling information from the Police Department Reports to analysis the data and define what the issues are. The next step will be looking at the enforcement and the cooperative enforcement side with the Police, State Attorney, Probation and Parole to be aware of what the issues are and come up with a solution and move forward. A meeting will be scheduled after the holidays between Laura Cody McNaughton, Peter MacGillivray and herself.
Vice Chairman Knoras had a question for Chief Johnson. Mr. Knoras referred to the recent Drug Bust in Chester. He wanted to know if the Chester Police Department shared anything about the Drug Bust with Chief Johnston.
Chief Johnston said sometimes they do and sometimes they don’t. Out of the nine arrested, seven of them were from out of state.
Mr. Forguites shared that he went to a seminar in Rutland last week on Huffing and Synthetic Drugs. There were two Representatives from the Rutland Police Department, a person from a Rehabilitation Unit and a person from the State. Mr. Forguites stated he picked up some pamphlets at the Seminar. He said the synthetic drug stuff is scary. He read from a pamphlet on Bromo Dragonfly, which is a name of a synthetic drug. Mr. Forguites said it was a good presentation.
Vice Chairman Knoras asked why these products are not banned.
Mr. Forguites said rather these products would be banned would be determined by a testing of the product.
Chief Johnston indicated the problem was the product does not have a listing of ingredients because the product is not a food product. The product is supposed to be used as an incense, but people have been smoking it.
Chairman Morris ask about a change or ruling in the legislature lately.
Chief Johnston said there is a ruling coming down, but he hasn’t seen it. The ruling will state these products cannot be sold in the stores. Mr. Forguites said there is a new listing of products, but he doesn’t know if the Town has a copy of it yet.
Laura Cody McNauthon identified herself as working for the State Health Department. She understands there is an Emergency Order that has a list right now.
Meredith Kelley wanted to back up the conversation about sharing information with different Towns. Meredith was contacted by Citizens of Bellows Falls going through some of the same problems that Springfield has experienced. Meredith had passed this information along to Ethan McNaughton. Meredith suggested maybe Stephanie Gibson might want to contact Ethan.
1. Citizen Concerns – b. Ordinance Review:
Mr. Forguites said the Ordinance Review Committee has a meeting scheduled on Wednesday, 11-14-12 at 3:30 PM to continue talking about ordinances and possible changes. At this point Mr. Forguites didn’t feel like there was anything to report to the Board of Selectmen.
Vice Chairman Knoras is hoping to have resolutions to vote on after the meeting.
1. Citizen Concerns – c. Landlord Seminar:
Mr. Forguites informed the Citizens and Board of Selectmen the Springfield Regional Chamber of Commerce is hosting a free seminar for Landlords with residential rental properties in the area on Wednesday, November 28, 2012 from 8:00 to 10:00 AM at the First Congregational Church located at 77 Main Street. Ethan McNaughton from George W. Lamb PC will present on current issues the town is facing and how it impacts our Landlords. In addition, he will share screening mechanisms available in identifying good tenants and information to obtain in advance of signing leases to assist in eviction should it become necessary. Mr. McNaughton will share suggested clauses to include in leases to protect Landlords and their property and simplify the eviction process should it be become necessary. Information regarding current laws, what these require Landlords and Tenants and some common pitfalls to avoid will also be discussed. Please RSVP by November 23rd by calling 885-2779.
Vice Chairman Knoras wanted to know if the Chamber was mailing letters to the Landlords. Mr. Forguites stated he didn’t know. He also didn’t know if the Chamber had a list of all the Landlords in Town. He asked Wendi Germain if she knew.
Wendi Germain had contacted the State and has compiled a list of Landlords. She doesn’t have a master list.
Vice Chairman Knoras asked if the Lister’s Office would have the information. Mr. Knoras pointed out that rental property is taxed a little differently.
Wendi Germain had already called the Lister’s Office.
Mr. Forguites said he would speak to someone in the Lister’s Office.
Chairman Morris asked if there would be a public notice. Ms. Germain said yes.
2. Budget Advisory Committee
Mr. Forguites would like to have a meeting next Monday, November 19th at 6:00 PM. He is planning on having a DRAFT of the Budget ready for distribution. This should be a short meeting and there will not be any Department Budget Presentations. He wants to invite the Budget Advisory Committee, so they may organize at that meeting. He has one or two people he is waiting to hear back from.
Vice Chairman Knoras wanted to know how many people for the Budget Advisory Committee at the present time.
Mr. Forguites said there are 8 appointed and 2 maybes.
Chairman Morris said he would entertain a motion for a Special Board of Selectmen Meeting for November 19, 2012 at 6:00 PM for presenting the budget.
MOTION: Vice Chairman Knoras motioned to adopted Monday, November 19, 2012 as a Special Board of Selectmen
Meeting for the purpose of presenting a DRAFT Budget Only and time to allow the Budget Advisory
Committee to organize. The time for this meeting will be 6:00 PM. Stephanie Gibson seconded, passed
unanimously.
Local Control Commission Opened at 8:12 PM
Mr. Forguites shared the Owner of the Magic Mushroom, Leanna LeBarron, has submitted a Tobacco License Application. Ms. LeBarron had a Tobacco License when she was located at 2 Park Street. She let the License laps and has moved her store to 35 Main Street. Therefore, Ms. LeBarron is applying for a new Tobacco License instead of a Renewal of a Tobacco License.
Vice Chairman Knoras asked Ms. LeBarron what type of products she plans on selling.
Ms. LeBarron said she would like to sell cigars, molasses sheath, hookahs and tobacco wraps.
Vice Chairman Knoras asked for an explanation of the products that Ms. LeBarron was proposing to sell.
Ms. LeBarron answered all of Vice Chairman Knoras questions and invited him to her store.
Peter MacGillivray asked if it was okay to know what the issue was with Ms. LeBarron’s application. Mr. Forguites explained the application needed to have the addresses changed. Mr. MacGillivray also pointed out the Tobacco License Application indicated Ms. LeBarron “owned” the building the store was located in. After further discussion, it was agreed Ms. LeBarron would change her application to “leased”.
Chief Johnston reported there were no problems with Ms. LeBarron’s Business, however, there have been complaints and comments made with loitering in front of her store. Chief Johnston shared with Ms. LeBarron she should discourage loitering in front of her store.
Chairman Morris also explained how other store owners police their store fronts and are expected to keep the sidewalk clean from litter.
Laura Cody McNauthon pointed out the alternative usage of tobacco wraps. They could and sometimes are used to wrap marijuana. She cautioned the Board of Selectmen about the image of the Main Street.
MOTION: Stephanie Gibson moved to approve an Amended Tobacco License Application for Ms. Leanna LeBarron,
(d.b.a. The Magic Mushroom). The Magic Mushroom is located at 35 Main Street and Ms. LeBarron
leases the store. Kristi Morris seconded. 3 Yes (P. MacGillivray, S. Gibson & K. Morris), 1 Abstain
(M. Knoras), and 1 No (D. Yesman)
Peter MacGillivray wanted to know what would be a “Valid Reason” not to approve a Tobacco License Application.
Robert Forguites said it could be the Chief feels the Applicant is not qualified, they have some criminal record and an Applicant could not be delinquent with taxes to the State.
Local Control Commission Closed at 8:26 PM
J. NEW BUSINESS:
1. Town Report Printing Quotes
Mr. Forguites said Town Clerk, Meredith Kelley, has submitted a memo and proposals she has received for the printing of the Town Report. Meredith is present at the meeting if any of Board Members have questions.
David Yesman questioned the size change. He said years ago the size was approximately 8-1/2” x 11”, more printing on each page, less pages. Now the Annual Town Reports are about 6” x 9” with less printing on the page and more pages. Is it cheaper to print the smaller size?
Meredith confirmed the smaller size was cheaper. She also pointed out, if you go way back, the smaller size was printed before the larger size.
Vice Chairman Knoras asked about the PDF Website File charge of $180.00 on the proposal for Springfield Printing which was listed as a separate charge. He noted on the proposal for Print Tech the charge was not listed separate.
Meredith Kelley explained she was fairly confident that Print Tech would have a comparable charge for the PDF Website File as well.
MOTION: Vice Chairman Knoras moved to accept the proposal for 2300 copies of a 6” x 9” Annual Town Report
for $10,264.00 and a PDF Website File for $180.00 from Springfield Printing Corporation.
David Yesman seconded, passed unanimously.
Peter MacGillivray wanted to know why the proposal for Springfield Printing Corporation was selected. He asked if it was because Springfield Printing Corporation is a local business.
David Yesman said because Springfield Printing Corporation does a good job. Vice Chairman Knoras seconded the feeling Springfield Printing Corporation does a good job and Town Clerk’ Staff would have to travel further away. Mr. Knoras also pointed out Springfield Printing Corporation has the Annual Town Reports “Post Office Ready” too.
2. Planning Commission Appointment
Mr. Forguites reminded the Board of Selectmen; Mr. Katz came to a Board Meeting and introduced himself. He stated he was new to Springfield. Mr. & Mrs. Katz were interested in volunteering to help the Town. Mr. Forguites mailed questionnaires to each Mr. & Mrs. Katz. Mr. Katz has returned his questionnaire indicating he would like to be on the Planning Commission. Mr. Forguites has spoken to William Kearns, Administer Officer, who agrees with him to appointment Mr. Katz to the Planning Commission. There are three openings on the Planning Commission. Mr. Forguites and Mr. Kearns suggest his term should expire in 2015.
MOTION: David Yesman moved to appoint Richard Katz to the Planning Commission. His term will expire in
2015. Vice Chairman Michael Knoras seconded, passed unanimously.
K. LEGISLATIVE REPORTS:
1. Senator Alice Nitka – Please refer to Item C of this Agenda.
L. CITIZENS COMMENTS:
Chairman Morris asked if anyone had Citizens Comments.
Comptroller, Jeffrey Mobus, wanted to remind the Citizens of Springfield that Second Quarter Property Taxes are due on Thursday, November 15, 2012. The office will be open until 6:00 PM on November 15th.
M. FUTURE AGENDA ITEMS:
Chairman Morris asked for Future Agenda Items.
David Yesman replied None, Vice Chairman Knoras stated there should be information from the Ordinance Review Committee, Kristi Morris said he didn’t have anything, Stephanie Gibson stated the Police Activity Sub-Committee and a follow up on the Landlord Seminar. Mr. Forguites pointed out we will not have a follow up on the Landlord Seminar because the next Board of Selectmen Meeting is November 26th and the Landlord Seminar is scheduled for November 28th.
EXECUTIVE SESSION: - Contracts
N. ADJOURNMENT:
MOTION: Peter MacGillivray moved to adjourn the Regular Board Meeting. David Yesman seconded,
passed unanimously.
LOCAL CONTROL COMMISSION:
Please note Local Control Commission was discussed between Item I and J of this Agenda.
Meeting adjourned at 8:36 PM.
Respectfully Submitted By
Donna M. Hall
Recording Secretary
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