Town of Pomfret 5218 Pomfret Road

North Pomfret, VT 05053

Regular Meeting Agenda for 8/1/2018 at 7pm

Agenda Item Presenting Individual Timeframe

1. Call to Order Chair 7:00pm

2. Public Comment Chair 7:00-7:05pm

3. Review of Agenda Chair 7:05-7:10pm

4. Recurring Items and Reports, Including Items for Possible

Vote:

a) Minutes: 7/11/18 & 7/18/18

b) Municipal Reports

c) Warrants for Payment: Accounts Payable & Payroll

Chair

7:10-7:25pm

5. Business Items for Possible Vote:

a) Highway Items

i) Road Commissioner Update

ii) Highway Reserve Rainy Day Funding

iii) Open RFP's for Engineering for Cloudland Road

Culvert/Bridge

iv) Maxham Road (Collier)

v) FEMA Update

vi) Highway Road Crew Advertisements

v) Division of Duties between Highway Team

Leader & Road Commissioner

vi) Review of FY19 Highway Gross Labor Budget

d) Pay Policy

e) Appointments:

i) TRORC Alternate Representative; and

ii) EC Fiber Governing Board Alternate Representative

f) PILT Class Action Lawsuit (Federal Payment in Lieu

of Taxes)

g) Holden Engineering Study

i) Review Draft (http://www.holdenengineeringinc.com/pomfretstudy.html)

ii) Consider Actions (eg. Speed Limit Study,

Lighting, etc., Budget)

h) Outside Consumption Liquor Permit (Suicide Six)

Joint

7:25-8:45m

6. Business Items for Discussion:

a) Review of Assignments

b) Selectboard Correspondence

c) Agenda for Next Regular Meeting - 8/15/2018

Chair 8:45-8:50pm

7. Closing public comments & Adjournment Chair 8:50-9:00pm

Town of Pomfret

5218 Pomfret Road

North Pomfret, VT 05053

Draft Minutes of the July 18, 2018 Pomfret Selectboard Regular Meeting

Present: Frank Perron (Selectboard Member), Emily Grube (Selectboard Member), Scott Woodward

(Selectboard Member, present by phone from 1-11 below, and present in person from 12 until the end

of the Meeting), John Peters (Selectboard Member), Michael Reese (Selectboard Member), John

Moore, Ona Chase, Betsy Siebeck, Phil Dechert, and Curt Peterson (Vermont Standard).

1. Call to Order: Frank Perron called the meeting to order at 7:02 pm.

2. Public Comment: Betsy Siebeck believes the Town's natural attrition of employees in highway

department provides opportunities for improvements, and she suggested hiring one person for

now.

3. Review of Agenda: Frank Perron moved, and Michael Reese seconded to add: 1). Two liquor

catering permits at the end of section 5; and 2). Move Planning Commission following 5.a). The

roll was called. Voting in the affirmative were Scott Woodward, John Peters, Emily Grube,

Michael Reese and Frank Perron.

4. Minutes: Michael Reese moved, and Frank Perron seconded, to approve the July 3, 2018

Minutes with changes. The roll was called. Voting in the affirmative were Scott Woodward,

John Peters, Emily Grube, Michael Reese and Frank Perron.

5. Municipal Reports: None. Scott Woodward referenced postings on a statewide municipal listserv

discussing how the Vermont Department of Taxes is behind the processing of homestead

declarations and property adjustments leading to errors on certain tax bills. Some Pomfret filers

are affected, and there will be adjustments to their tax bills.

6. Warrants for Payment: Frank Perron moved, and Michael Reese seconded, to approve check

warrants numbered 18003 ($1,858.22), 18007 ($10,115.46), and 18006 ($5,694.84). Scott

Woodward asked about highway expenses. Frank Perron noted that part of the expenses were

for caution signs at a culvert on Wild Apple Road, and pump and supplies for culvert cleaning.

The roll was called. Voting in the affirmative were Scott Woodward, John Peters, Emily Grube,

Michael Reese and Frank Perron. The warrants were signed.

7. Highway Reserve Rainy Day Funding: Frank Perron briefed the Board. The slope bank money

did not come in. He estimates about $20,000 is required to fund reserve account. The Board

agreed to consider the correct amount once the accountant has completed his review at the next

meeting.

8. Appointment to TRORC (Two Rivers Ottauquechee Regional Commission): The Board

received letters of interest from Phil Dechert, Karen Hewitt and Laura Kent. John Moore noted

the Planning Commission will review the candidates at its next Meeting on August 6th. The

Board agreed to defer the appointment until its next meeting and agreed to let the candidates

know when it will discuss this topic.

9. Brick Building Roof:

(a) John Moore briefed the Board. In addition to two quotes previously received, the Board

reviewed a third quote from Kevin Butler, of L&B Roofing, in Newport, New Hamshire,

who worked on the Abbott library roof. Mr. Butler suggested against an ice and water

shield, because the slates sticks to the water shield, making repairs harder. All bidders are

qualified, but Mr. Butler’s quote was significantly less.

(b) Emily Grube moved, and Frank Perron seconded, to extend a contract to L&B Roofing for

up to the contract price of $15,390 and will make decisions on the ice and water shield, type

of slate, chimney work, and plywood at a later date. The roll was called. Voting in the

affirmative were Scott Woodward, John Peters, Emily Grube, Michael Reese and Frank

Perron.

(c) John Moore noted painting will eventually be required on window sills and trim as well as

re-pointing bricks on southeast corner of building.

10. Road Commissioner Update:

(a) Frank Perron noted he and Emily Grube met with the VTrans District Engineer at a culvert

at the intersection of Pomfret Road and Galaxy Hill Road (northern one). They agreed to

request a hydrological survey, eliminate the manhole drain and run the culvert just as it is

now. The Town will probably contract it out. They also had the engineer look at the

Labounty Road intersection with Pomfret Road. Because it is an unsafe intersection, the

engineer encouraged the Town to apply for a structures grant, because we may need to put

in more than a culvert.

(b) Frank Perron learned that grader operator Alan Rowell can give us a week in August to

work on getting rid of grader berms and cleaning up roadside issues. Rough estimate is

$4,000-$5,000.

(c) Art Lewin has been busy roadside mowing. He made some cutouts before the recent

rainstorm, especially on LaBounty Road.

11. Road Access (Driveway) Permit Application (Applicant: Grove; Location: Sugarbush Road):

Frank Perron updated the Board on his conversations with the applicants, who are researching

the identities of neighboring landowners.

12. RFP for Engineering for Cloudland Road Bridge Project: Emily Grube moved, and Michael

Reese seconded, that we send the draft RFP (Request for Proposals) out tomorrow with a due

date of August 1st at noon and to be opened at meeting at 7pm. The Board unanimously

approved the motion.

13. Sale of MoTrim Flail Mower: Frank Perron moved, and Emily Grube seconded, that the Board

sell the old MoTrim flail mower to Harry Bumps for $500. The Board unanimously approved

the motion.

14. Paving Plans: Frank Perron suggested we limit paving to the top of Howe Hill Road and

possibly the Galaxy Hill Road apron. No board members objected to putting off larger paving

projects. Scott suggested modifying the TA-60.

15. FEMA Paperwork Update: Frank Perron is trying to connect by phone with the FEMA official

regarding use of differing sizes of stone, especially on Starbuck Road.

16. Highway Job Descriptions:

(a) Frank Perron moved, and Michael Reese seconded, to approve the existing Road

Commissioner Job Description with the following changes: 1). Remove references to Road

Foreman; 2). Add “must be able to carry out all the duties and responsibilities of a Road

Crew Worker” to Responsibilities; and 3). Add “[t]he Road Commissioner and all

employees of the highway department, both full and part-tie, will enter time in an electronic

time clock for all hours worked for the Town.” The Board unanimously approved the

motion.

(b) The Board discussed advertising for the positions, which Scott Woodward and Michael

Reese will work on.

17. Requests for Proposals (RFP's) for Road Materials: Emily Grube and Michael Reese will work

on these for next meeting.

18. Selectboard Priorities and Allocation of Effort: Scott Woodward suggested the Board consider

which short and long term issues we wish to address instead of applying a ‘kitchen sink’

approach. Board members agreed.

19. Cost of Living Adjustments for Hourly Employees and Officials: Scott Woodward noted the

Board approved 2% cost of living adjustment for three fulltime employees. He suggested we

decide how we wish to adjust pay for the Town’s other employees, nonexempt employees,

appointed officials, and elected officials. Board members agreed.

20. Communication by Board Members on the Pomfret Listserv: The Board discussed how and

when individual board members communicate on the Pomfret listserv.

21. EC Fiber Board: Bob Merrill stepped down as primary representative for the Town. He

suggested Scott Woodward as an alternate. The Board agreed that Alan Graham has

automatically become the primary representative. The Board will invite interested applicants to

apply.

22. Liquor Catering Permits; Frank Perron moved, and John Peters seconded, that the Board

approve two catering permits requested by Woodstock Resort Corporation for events occurring

on July 21, 2018 and July 22, 2018 at the Ski Runner's building from 11:30am to 6pm. Michael

Reese recused himself from the discussion and vote. The Board approved the motion.

23. Correspondence:

(a) The Town received a class action notice for a suit involving the federal government’s

alleged lack of payments in lieu of taxes to municipalities. Because the Town has federal

lands (Appalachian Trail), the Board will need to decide whether to join the class.

(b) Emily Grube volunteered to prepare a letter to Tenney regarding our Highway Ordinance.

24. Public Comment: John Peters noted that two members of the Pomfret Teago Fire Department

assisted in the downtown Woodstock fire for over ten hours. The Board thanked them for their

service.

25. Adjournment: Scott Woodward moved, and Frank Perron seconded, to adjourn the meeting at

9:25pm.

Dated: 7/23/2018 Respectfully Submitted,

Michael Reese, Clerk

Approved by the Board at ____________ Meeting

Re: Agenda request

Good morning Mike,

It was brought to my attention last evening that I didn't make the agenda for tonight's meeting... noworries, instead, I have attached a PDF of the survey proposal (and left a couple hard copies withBecky) which illustrates the Collier's request of the town to convey the last 6-700' (+/-) of the deadend portion of Maxham Rd- the same portion of town road the Colliers have happily maintained-summer and winter, from the time of their purchase of Evergreen Glen in October 2004. (Iunderstand Evergreen Glen's responsibility for this end section of Maxham Rd began sometime duringthe Blake ownership but can't tell you exactly when however).

If, at some point, before the August 1st board meeting you or any of the other board members careto make a site visit (obviously, feel free) and/or wish to discuss during said visit please let me knowas I would be happy to meet and discuss any questions or concerns.

Oh, and by the way, please add me to the agenda for the August 1st board meeting.

Thank you so much,

Dan

Dan Fretz

Farm Operations Mgr

Evergreen Glen

37 Maxham Rd

Woodstock, VT 05091

(GPS/FedEx/UPS address:

37 Maxham Rd, South Pomfret, VT 05067)

802-457-1545 (o)

802-457-3853 (f)

603-398-7471 (c)

danfretz@outlook.com

DFretz@Collier-Management.net

From: Michael Reese <Michael.Reese@pomfretvt.us>Sent: Monday, June 18, 2018 5:06 PMTo: Dan FretzSubject: Re: Agenda request

Thanks Dan. We're pleased to put you on the agenda.

From: Dan Fretz <danfretz@outlook.com>Sent: Monday, June 18, 2018 12:57:42 PMTo: Michael ReeseSubject: Agenda request

Dan Fretz <danfretz@outlook.com>

Wed 7/18/2018 12:03 PM

Inbox

To:Michael Reese <Michael.Reese@pomfretvt.us>;

Cc:Becky Fielder <Clerk@pomfretvt.us>;

1 attachments (209 KB)

EVERGREEN-MAXHAM-2-REV.pdf;

Mail - Michael.Reese@pomfretvt.us https://outlook.office.com/owa/?path=/attachmentlightbox

1 of 2 7/24/2018, 10:39 PM

Good afternoon Mike,

My name is Dan Fretz and I'm the caretaker for the Collier property at Evergreen Glen. TheColliers would like me to address the Selectboard in regards to the disposition of the dead endportion of Maxham Rd.

Since the first Wednesday of July happens to be the 4th, would you be so kind to add me to theagenda for the July 18th meeting (unless you're meeting at another date earlier in July)?

If there are any questions or concerns or further information needed, all my contact information isbelow.

Thank you so much for your help, see you next month.

Best regards,

Dan

Dan Fretz

Farm Operations Mgr

Evergreen Glen

37 Maxham Rd

Woodstock, VT 05091

(GPS/FedEx/UPS address:

37 Maxham Rd, South Pomfret, VT 05067)

802-457-1545 (o)

802-457-3853 (f)

603-398-7471 (c)

danfretz@outlook.com

DFretz@Collier-Management.net

Mail - Michael.Reese@pomfretvt.us https://outlook.office.com/owa/?path=/attachmentlightbox

2 of 2 7/24/2018, 10:39 PM

SheilaHopkinsOriginalFY17Numbers RevisedFY19NumbersHiringforMoreSeniorRoadWorker RevisedFY19NumbersHiringforMoreJuniorRoadWorkerSalaryofRoadCommissioner:10hrs/wk@$20/hr $20,800.00 RoadCommissionerPay:$26/hr $54,080.00 RoadCommissionerPay:$26/hr $54,080.00RoadForemanPay:$23.41/hr $48,692.80 RoadCommissionerOvertime: $10,816.00 RoadCommissionerOvertime: $10,816.00RoadForemanOvertime:2014,2015&2016Average $10,007.78 HighwayTeamLeaderPay:$23.41/hr $48,692.80 HighwayTeamLeaderPay:$23.41/hr $48,692.80RoadCrewWorkerIPay:$20.81/hr $43,284.80 HighwayTeamLeaderOvertime:2014,2015&2016Average $10,007.78 HighwayTeamLeaderOvertime:2014,2015&2016Average $10,007.78RoadCrewWorkerIOvertime:2014,2015&2016Average $7,628.32 RoadCrewWorkerIPay:$20.81/hr $0.00 RoadCrewWorkerIPay:$20.81/hr $43,284.80RoadCrewWorkerIIPay:$18.36/hr $38,188.80 RoadCrewWorkerIOvertime:2014,2015&2016Average $0.00 RoadCrewWorkerIOvertime:2014,2015&2016Average $7,628.32RoadCrewWorkerIIOvertime $5,737.50 RoadCrewWorkerIIPay:$18.36/hr $38,188.80 RoadCrewWorkerIIPay:$18.36/hr $0.00

RoadCrewWorkerIIOvertime $5,737.50 RoadCrewWorkerIIOvertime $0.00$174,340.00

$167,522.88 $174,509.70

From: Jill Muhr jmuhr@vlct.orgSubject: RE: Setting Pay Levels - Employees vs. Elected Officials vs. Appointed Officials

Date: May 16, 2018 at 5:08 PMTo: Scott Woodward [Pomfret] scott.woodward@pomfretvt.us

HiSco',Acoupleofobserva4ons:

· Isuggestusingtheterm“regular”,ratherthan“permanent”.Thiswouldhelpavoidanyimplica4onofapromiseofemployment.

· MaybeI’mmissingsomething,butIdon’tseethatpart-4meemployeesareexcludedfromthispolicy.TheyareexplicitlylistedunderHourlyTownOfficials.

Youarerightthatpayinganhourlywagecanbeoneofthefactorsthatindicatessomeoneisprobablyanemployee(andpossiblyeligibleforbenefits,dependingonwhethertheymeetthecriteriainthepersonnelpolicy);andthatpayinganominals4pendcanbeafactorthatcanweighinfavorofthepersonbeingconsideredavolunteer.Yourcurrentstructurelooksfine,whetherhourlywagevs.monthly,quarterly,orannualsalary,althoughperhapstherearereasonstoreconsiderfrequencyforsomeposi4ons;however,youmightneedtotracksomeofficials’amountof4meworked,tomakesuretheyareproperlygrantedpaid4meoffinaccordancewiththeVermontPaidLeaveLaw.Thatsaid,therearecertainposi4ons,suchasanelectedclerk,whoareexemptfromtheFairLaborStandardsAct(thusnoteligibleforminimumwagenorover4mepay)andwhomay,unlessthere’sanagreementwiththeTown,settheirownhoursandreceivetheirsetamountofpayregardlessofthenumberofhourstheywork.Inthatcase,thelawiseffec4velymootiftheygetpaidthesame,regardlessofwhethertheytake4meoff.TheAssistantTownClerk,however,issupervisedbytheTownClerk,andwouldusuallyworkcertainhoursestablishedbytheTownClerk;thus,theassistantmayworkenoughhours(averageof18+perweekthroughouttheyear)tomeritpaid4meoffinaccordancewiththatlaw.And,ifthepersonworksanaverageof24hoursperweekandatleast1040hoursinayear,theywouldqualifyforVMERSre4rement,ifPomfretpar4cipatesinthatsystem.Payingtheassistant(forexample)as4pendwouldnotgetyouoffthehookforkeepingtrackofhourstoseeiftherepersonqualifiesforthesebenefits.I’llbeoutalldaytomorrow(Thursday)butI’minforabitFridaymorningifyou’dliketodiscussanyofthis.Best,Jill

From:Sco'Woodward[Pomfret][mailto:sco'.woodward@pomfretvt.us]Sent:Tuesday,May15,20183:14PMTo:JillMuhr<jmuhr@vlct.org>Subject:Re:SeingPayLevels-Employeesvs.ElectedOfficialsvs.AppointedOfficials I stand corrected - the policy also applies to permanent employees, just not part-timeemployees.

On May 15, 2018, at 3:10 PM, Jill Muhr <jmuhr@vlct.org> wrote:

Yes,ofcourse!Ijustthoughtyoumighthaveasortofovervieworphilosophicalpolicy.Butthatmakessense.

policy.Butthatmakessense.

From:Sco'Woodward[Pomfret][mailto:sco'.woodward@pomfretvt.us]Sent:Tuesday,May15,20183:05PMTo:JillMuhr<jmuhr@vlct.org>Subject:Re:SeingPayLevels-Employeesvs.ElectedOfficialsvs.AppointedOfficials Jill, As you can tell, we don’t have a pay policy for actual employees. That goesback to our previous thread about developing a tiered pay structure. Scott

On May 15, 2018, at 2:42 PM, Scott Woodward<scott.woodward@pomfretvt.us> wrote:

Jill,

Thank you, as always. Attached, please see our current pay policy.

Is it advisable to pay elected officials a stipend instead of hourly wage? That’s been a point of confusion because paying an hourly wage makesthem sort of look like employees from a benefits perspective.

Scott

> On May 15, 2018, at 10:39 AM, Jill Muhr <jmuhr@vlct.org> wrote:> > Good morning, Scott:> What is your current pay policy? I would be happy to take a quicklook, if it's in writing, to see if there are any obvious issues to address. > > As you may know, the definition of employee can be a bitcomplicated and can differ, depending upon the law. For instance,elected officials are not covered by the Fair Labor Standards Act but arecovered by Vermont's paid leave law. They are often provided withTown benefits when they sign an agreement to abide by the Town'spersonnel policy (except for certain sections such as Discipline andTermination because, of course, they report to the voters, not theSelectboard.) But they are still employees of the Town for legalpurposes such as IRS. > > Municipalities that have a compensation plan may include electedpositions such as Town Clerk and Town Treasurer and even Lister;conversely, I have seen a couple of smaller towns with a pay plan forhighway positions only. Hourly appointees, part-time or otherwise, may

highway positions only. Hourly appointees, part-time or otherwise, maybe included in pay plans. But some, such as DTC may be compensatedthrough fees and that would not fit a pay plan. I think your best bet todetermine the "buckets" is to use the Comp and Benefits survey tocompare Pomfret's positions and pay rates/methods with those ofnearby or near-sized towns. > > Additionally, you may wish to refer to the VLCT SelectboardHandbook as there are references to the statutory responsibilities of"Setting Compensation" and to "Compensation and Benefits." Here isone such excerpt from the Compensation and Benefits section on page15:> > Salary. The town may vote at its annual meeting to compensate itsofficials and employees and it may also fix the amount of thatcompensation. 24 V.S.A. § 932. If the town does not fix the amounts ofcompensation, the selectboard shall do so, except for their own pay,which must be set by the auditors at the time of the annual town audit.If the office of auditor has been eliminated and if the voters do not setthe amount of the selectboard members’ compensation, the selectboardmembers must be compensated at the rate at which they werecompensated during the immediate preceding year. 24 V.S.A. § 933.> > And on page 38:> B. SETTING COMPENSATION> The selectboard is responsible for setting the compensation of townofficers, elected and appointed, and employees, unless the town votershave done so at the annual town meeting. 24 V.S.A. §§ 932, 933.However, if the town votes to compensate (or not compensate) a townofficer for his or her official service at an annual meeting, the voters’decision is binding on the selectboard. 24 V.S.A. § 933. If the town hasnot set the compensation for members of the selectboard at the annualtown meeting, the auditors must fix it at the time of the annual townaudit. Note that the town is only authorized to set compensation at anannual meeting, and if it fails to do so, the selectboard must set thecompensation until the next annual meeting.> > Again, please feel free to email the Town's current pay policy. > > Best regards,> Jill> > > -----Original Message-----> From: Scott Woodward <scott.woodward@pomfretvt.us> > Sent: Monday, May 14, 2018 3:05 PM> To: Info <info@vlct.org>> Cc: Jill Muhr <jmuhr@vlct.org>> Subject: Setting Pay Levels - Employees vs. Elected Officials vs.Appointed Officials>

> > We here in Pomfret could use some help in sorting out the scope ofour pay policy and determining who’s an “employee” within the scopeof the policy. Our pay policy needs to be updated and we want to set astandard for how pay increases are made. However, we also haveseveral elected officials who are paid by the hour and are not employees(e.g., Asst. Treasurer, Asst. Clerk, Listers). To complicate matters, wealso have Selectboard appointees who are paid by the hour, but are notreally employees either (e.g., Delinquent Tax Collector, ZoningAdministrator).> > One of our concerns is not ending up with a situation where there aredifferent levels and practices of establishing compensation betweengroups. We need help in defining the buckets of people and reallydetermining where the Selectboard’s responsibilities fall.> > Scott

<Pomfret Pay Policy.pdf>