Selectboard Special Meeting Minutes 6/10/14

PEACHAM TOWN

SELECTBOARD SPECIAL MEETING MINUTES

Town Hall Clerk’s Office

Tuesday, June 10, 2014 6:30 AM

UNAPPROVED

The meeting was called to order by Chair of the Board Andy Cochran at 6:30 AM

Present:

Selectboard Members: Andy Cochran, Nate Giroux, and Annette Lorraine

Others: Becky Jensen

1. County Road Box Culvert
   1. Opened & examined proposals on the concrete work for wingwalls and multiple footings.
   2. Each proposal was more money than we had budgeted for the job. The Selectboard agreed to table this until Nate and/or Andy can speak with either Shauna Clifford or the VT-AOT engineer to see if the design can be modified, or grant increased. Worst case scenario is we can postpone the construction under grant and budget more town funds toward this project in 2015, although we hope we don’t have to do that.
2. Additional Discussion
   1. The survey plat for the Town/Peacham Historical Association lot line adjustment was available so the Selectboard took a look at it in advance of the June 12 Development Review Board hearing.
   2. Proposed Amendment to the Peacham Zoning Bylaws regarding flood hazard mitigation and minor lot line adjustments under subdivision, following adjournment of the Selectboard hearing June 4, 2014.
      • Annette clarified that the Selectboard’s June 4^th hearing on the proposed Amendment was properly re-noticed and valid, and it was fine to proceed with the hearing then and fine to proceed with a vote on the matter now. When the Selectboard acts in a quasi-judicial capacity, it does not have to deliberate in public. It makes its decision in a meeting separate from the hearing. 24 VSA § 4442.
      • Although Cher Smith previously attended and voiced concerns about the procedure, the applicable statute, 24 VSA § 4444, provides that “No defect in the form or substance of any public hearing notice under this chapter shall invalidate the adoption…”.
      • Annette moved to accept and adopt the Amendment to the Zoning Bylaws as proposed by the Planning Commission. Nate seconded. So voted.
      • Since there is no evidence of the Planning Commission’s report or its mailings required by the statute to be found, Annette proposed that the Planning Commission and Selectboard re-do the hearings after-the-fact with the written Report and proper certified mailings, publishing, etc., so that Stan can eventually produce a Clerk’s certificate consistent with 24 VSA 4447.  That way the Amendment, assuming it is adopted again, will be above challenge. By the time anyone were to appeal the bylaw amendment, the re-do will make any procedural issues moot, especially in light of 24 VSA § 4444.

 Nate moved to adjourn. Annette seconded. So voted. Special meeting adjourned at 6:50 AM.