To the Voters' of Cavendish Fire District 2

To the Voters of Cavendish Fire District Number Two,

I know that there have been some concerns raised about the validity of the posting and the publishing of the warning for the upcoming informational meeting on Monday the 16th and Australian ballot vote scheduled for the 24th of November. As your elected moderator, I've spoken at length with Mr. Jean Paul Isabelle, the Elections Administrator for the Vermont Secretary of State's office. With his permission, Mr. Isabelle's email correspondence with me about this matter is available for public viewing with the town clerk. If you would like to speak with Mr. Isabelle for yourself, please feel free to call the Secretary of State's office.

After discussing it with Mr. Isabelle and conferring with several elected officials, past and present, here is my understanding of the situation:

In paragraph (c) of 17 § 2641 VSA – Notice and Warning requirements, it states: “No such warning shall be required for municipal informational meetings at which no voting is to take place.”  So no matter what deficiencies there may or may not be in the warning, the informational meeting is legally valid since it has no warning requirements and no votes will be taken.

Which brings us to the question of the validity of the warning for the ballot. At this point it seems to have failed to meet the requirement of sufficient time between the initial posting and the vote. Note well, this is not due to the publishing date of the warning in the paper of record. The publishing requirements for a “bond-like” action are different from the posting requirements for the same action. It is easy to see how the confusion occurred. The posting requirement is:

The legislative body of a municipality shall warn a meeting by posting a warning and notice in at least two public places in the municipality, and in or near the town clerk's office, not less than 30 nor more than 40 days before the meeting.

There is no publishing requirement usually, but because this is a “bond-like” vote there are additional publishing requirements, but they don't have to be 30 day in advance. The publishing of the warning must be in the paper of record for three consecutive weeks; on the same day of the week; with not less than 5, nor more than 10, days in between the last publishing and the vote.  Although great effort was made to meet the specific publishing requirements, the posting requirement appears to be 3 days insufficient.

There are two ways that a municipality, Cavendish Fire District Number 2 in this case, can remedy this situation.The first of which is found in VSA 17 § 2662 – Validation of Municipal Meetings, which reads:

When any of the requirements as to notice or warning of an annual or special municipal meeting have been omitted or not complied with, the omission or noncompliance, if the meeting and the business transacted at it is otherwise legal and within the scope of the municipal powers, may be corrected and legalized by vote at a regular meeting or special meeting of the municipality called and duly warned for that purpose.

I specifically asked, and it was confirmed to me, by Mr. Isabelle, that for the purposes of validation, a vote by Australian ballot could be treated the same as the “meeting” mentioned above.  So, the Prudential Board can set a legally warned special meeting, with no publishing requirement, to validate the vote, after the vote has been taken.

The second way that the Prudential Board could remedy the noncompliant warning would be to cancel the vote scheduled for the 24th and then post and publish the warning for a new ballot.  According to my conversation with Mr. Isabelle, there still would be no requirement to publish the signatures of the Prudential Board members, or have the Fire District clerk “attest” to the warning. Although a new vote would usually be the preferable option to take, there are some significant financial considerations to this action. There is the added expense for another publishing of the warning, and the price for the proposed fire apparatus is set to increase on the 1st of December, so the amount to be voted on may have to be increased. This latter factor does at least explain, if not fully excuse, the mistake-causing haste in scheduling the vote.

Therefore, it is my plan at the scheduled and fully legal informational meeting, at which no votes will be taken, to “poll” the assembled voters as to what their preferred option for the Prudential Board to utilize.  This will not be an official vote, nor will it be binding on the Prudential Board, but it will be, in my opinion, the best legal option.

I'm grateful to be able to serve you in this capacity,

Rev. Abraham Gross

Moderator, Cavendish Fire District Number Two

Cavendish Update 11/13/15 SB Mtg/10G vs 4G/Events

11/13/15 11/13/15 Cavendish Update Contains:
1. Cavendish Select Board Meeting 11/9/15
2. Cavendish Related News
3. 4G Cell Phone Vs 10G Internet
4. Raising the Roof in Song
5. Holy Name of Mary Winter Berry, Food & Holiday Sale
6. Events
 
1. CAVENDISH SELECT BOARD MEETING 11/9/15
Select board (SB) meetings are recorded by LPC-TV and are available at their website and on Comcast Television.  Written minutes are available at the town’s website.  The following was discussed at Monday night’s meeting:
• Snow mobile trail crossings for 2015/2016 season approved
• Cavendish Telecommunications Committee Update: TDS to establish 10 G Ring. The state’s now considering Cavendish as an underserved area and interested in the town being part of a pilot project to improve Internet connectivity.
• Transfer Station no longer receives reimbursement for E-waste but doesn’t have to pay for its removal. Metal hauler requires all scrap to be free of mercury. This change may require an additional attendant.
• Cemetery regulations are under review by the Select Board, the first since the 1980s. Reflect conservation of green space as well as a pricing structure to better provide a means of making the cemeteries self-sustaining.
• Flood Hazard Regulations: Presented at the Oct SB meeting by the Planning Commission, the board voted to meet separately to review for adoption.
• Other Town Issues: Within the next two weeks, the following areas will have late season paving-bottom ofBonts Hill , High St by the Town Office, and a patch at the Transfer Station. 
- Animal Control Officers will now have badges and be able to write municipal tickets for those in violation of the dog ordinance
- Interviews are underway with four viable candidates for water/wastewater assistant operator
- While the Cavendish Gulf Road was open this past weekend; it is currently closed while the culvert repair is being completed. This is on the Chester side.
- Still awaiting the report about the safety of the Depot Street bridge to determine if and when the bridge may need to be closed for the winter.
 
A full report on the Select Board meeting is available at The Dish. 
 
2. CAVENDISH RELATED NEWS
Respite Care Funding from Senior Solutions: Does your loved one have a diagnosis of dementia? As a caregiver, are you finding it difficult to meet your own needs while caring for your loved one? Senior Solutions (Council on Aging for Southeastern Vermont) has respite funding available through the Dementia Respite Grant. This grant, funded by the State of Vermont, supports paid respite opportunities for primary, unpaid caregivers in Windsor and Windham counties.  The elder’s income eligibility limit is $2,917.00 per month for an individual or $3,932.00 per month for a couple. FMI: Senior Helpline at 1-800-642-5119 and ask to speak to our Grant Manager.
 
GMP Poised to Top Net Metering Cap: Green Mountain Power says it has 52 megawatts of net-metered solar already built in its territory and has another 54 megawatts of net-metered solar in its queue. That amount of solar will put the company over its net-metering cap either in November or December. Reaching the cap means it no longer has to buy any renewable energy, including solar power, from them or do so at an increased rate. The company will file documents with state regulators on Friday to propose to extend net metering for households anyway. VT Digger
 
3. 4G CELL VA 10 G INTERNET
There is some confusion about 4G for cell phones versus 1G or 10G for Internet speeds. The term 4G stands for 'fourth generation' and refers to mobile network technology. The 10G that is being planned for TDS's Internet backbone for the Cavendish area refers to capacity-10 gigabits per second. Currently, the highest capacity TDS offers in the area (and not for all customers) is 15 Mbgs (Megabyte). There are 1,024 Mbgs in one gigabite. 
 
4. RAISING THE ROOF IN SONG IN PROCTORSVILLE
If you like the idea of a musical cup of coffee, you will love the next concert in the Raise the Roof music series in Proctorsville on Sunday November 22.  The spirited acapella group, House Blend, will fill the Gethsemane Episcopal Church with music from around the world that is spiced with energy, humor and a passion for singing.  House Blend is an assemblage of twenty performers who are self-proclaimed singing addicts whose repertoire includes gospel, village music from Africa and Eastern Europe, Renaissance madrigals, Bach, contemporary music---and anything else the group chooses to add to the mix.  The crisp acoustics in the 1890 Carpenter Gothic church, combined with their powerful voices, will create an eclectic, infectious harmonious brew of music that will raise the roof and fill your cup to the brim.  The concert will be at 4:00 at Gethsemane Church on Depot St. in Proctorsville (next to Crows Corner Cafe).  Your admission of $10.00 at the door will help Raise the Roof Concert Series to continue bring fresh live music to the local community at an affordable price.  And what a great way to spend a late November afternoon.
 
5. WINTER BERRY, FOOD & HOLIDAY SALE
On Saturday, November 21, 2015, the Holy Name of Mary Church Altar Society is having a Winter Berry, Food, Handmade Crafts, and Holiday Items sale.  The sale will be from 9:00 A.M. to 2:00 P.M. at the church hall on 803 Main Street in Proctorsville.  There will be homemade jams, baked goods, beans, candy, etc. as well as beautiful bunches of winter berries for decorating, knitted & crocheted items, holiday items, and much more. Come and pick up some special treats!
 
6. EVENTS
Upcoming events for Cavendish include:
• Nov. 13 (Friday):  Turkey Bingo at Cavendish Town Elementary School, 6-8 pm
• Nov 14 (Saturday): Christmas Sale at the Cavendish Baptist Church
• Nov. 16 (Monday): Public Information Meeting for Fire District #2 (Cavendish Village) regarding purchase of a truck
- Public information meeting on the Coolidge Solar Power Project (Barker Farm), 7 pm at the Ludlow Town Hall at 37 Depot St.
 
For more information on this and other events, go to the Cavendish Connects November Calendar.  For regional events, check out the Okemo Valley Chamber of Commerce Calendar.

Select Board Meeting 11/9/15

Select board (SB) meetings are recorded by LPC-TV and are available at their website and on Comcast Television.  Written minutes are available at the town’s website.  The following was discussed at Monday night’s meeting

A. Snowmobile Trail Approval: The Cavendish Green Mountain Snow Fleas requested the SB’s permission to cross the following plowed roads: Birmingham; Brook, Carlton, Chaos Turnpike, Ina Butler, Knapp Pond, Meadow Brook Farm, Moriglioni, Old Bailey Hill, Perley Brown, Prior, State Forest Highway, Tarbell Hill, Tierney, Twenty Mile Stream, Whitesville and Winery. These roads were approved, along with the limited use on Mill Street by one family. Three people were present to discuss their concerns about Quarry Rd in Proctorsville. It is hoped that a change in grooming practices will eliminate snowmobilers ending up on private land and disturbing residents at 1 am. It is important to note that Vermont has no statewide curfew on trails but does have a speed limit of 35 MPH.

B. Historic Preservation Project: The following Cavendish landmarks are slated for major preservation activities to continue and/or start Spring of 2016: Stone Church (Belfry, Cupola, Painting and Roof); Museum (Painting, repointing of bricks, door replacement); Civil War Memorial (cleaning); Cemeteries (Cleaning of grave stones, building a stone wall for Twenty Mile Stream Cemetery).

C. Cavendish Telecommunications Committee Update: The Internet Speed Test survey has been completed, showing speeds well below state and federal standards. Before the state’s Division of Telecommunications and Connectivity saw the final results they had concurred, based on previous meetings, that Cavendish is underserved for Internet, and because of the town’s interest in correcting the situation, we are a good candidate for a pilot project and eligibility for state funds. The board was also informed about TDS’s intent to build a 10G “Ring” to serve as the “backbone” for the TDS system. This will primarily benefit the 350 customers being served by the Proctorsville Central Office but could benefit those along the “spur” lines (e.g. Twenty Mile Stream, Chubb Hill etc.). Download the Committee’s Report to the Select Board in PDF format.

D. Transfer Station

E-Waste: Due to dropping prices for E-waste, NCER (National Center for Electronics, Recycling),  the contractor who handles Vermont’s E-Cycles program has amended their contract whereby they will no longer be reimbursing 5¢ per pound for e-waste as of Oct. 1 but will remove it for free.  This change is a direct result of a significant drop in the commodity price of glass, plastic, metals and circuit boards.  The town has signed a new contract to that effect to avoid E-waste ending up in landfills or other inappropriate areas. Weathersfield was dropped as a place to discard E-waste. According to state law, residents have the ability to discard E-waste at other transfer stations, which means that Cavendish’s E-waste could actually increase in the coming months.

Metal: The town has recently learned that it must now provide a written letter to the metal hauler that the current load does not contain mercury. This means that old appliances, and thermostats, bilge pumps and other items can no longer be dumped directly into the metal container without being evaluated for mercury content. All mercury will be removed before it is placed in the metal bin. This may require the transfer station to hire additional personnel who are trained in the removal and safe discard of mercury. Please cooperate with the attendants in this regard because if mercury is found, the load will be rejected and returned to the town at our expense. Further, it could result in the hauler refusing to take scrap metal. 

The reimbursement for metal is significantly down-see article Scrap Metal Prices Plummet in Vermont. Add to that no reimbursement for E-waste and the potential need to add another transfer attendant to deal with the mercury issue, it is not clear how the transfer station can break even, which is what the state wants to see, without significantly increasing tipping fees.

E. Cavendish Cemetery Regulations: Sexton Bruce McEnaney provided the board with draft regulations for the Cavendish cemeteries, which have not been updated or revised since the 1980s. It is going to take several meetings before the document can be adopted as changes are being discussed page by page. Among the changes are the addition of Perpetual Care Fund fees for all internments and lots, as well as costs for burials, with a price differentiation between weekday and weekend/holiday internments. In order to save “green” space, it will now be possible to inter three cremations on top of an existing burial plot. This discussion will continue at the December meeting.

F. Flood Hazard Regulations: Presented to the Board at the Oct SB meeting by the Planning Commission, the board voted to meet at a separate dedicated meeting to review for adoption.

G. Other Town Issues

Late Season Paving: Within the next two weeks, the following areas will have late season paving-bottom ofBonts Hill , High St by the Town Office, and a patch at the Transfer Station

Animal Control Officers: Will now have badges and be able to write municipal tickets for those in violation of the dog ordinance

Water/Wastewater Assistant Operator: Interviews are underway with four viable candidates

Cavendish Gulf Rd Construction: While the Gulf Road was open this weekend; it is currently closed while the culvert repair is being completed. This is on the Chester side. It is hoped that the road will be permanently reopened by mid November.

Proctorsville Depot St Bridge: The town is still awaiting the report about the safety of the bridge for the winter season to determine if and when the bridge may need to be closed.

Cavendish SB Agenda 11/9/15

The agenda for the 11/9/15 (Monday) Cavendish Select Board meeting-6:30 pm at the Cavendish Town Office-  is as follows:

1. Call the Meeting to Order

2. Act upon minutes of the meetings of October 13th, 2015

3. Sign Orders

4. Review Correspondence

5. Adjust Agenda

6. Hear Citizens

7. Presentation of 2015-16 snowmobile trails and proposed road crossings by trail master Joe Marini. Review request for approval of Cavendish road crossings.

8. Update on activities of the Cavendish Telecommunications Committee including recent meeting of the committee with representative of TDS Telecom.

9. Update/discussion on Transfer Station collection of E-Waste and problems with the state’s EWaste Program and Cavendish’s participation in the program and the potential effects on Cavendish Transfer Station operations.

10. Update on Cavendish’s participation in the Vermont ERP (Ecorestoration Program) including recent acquisition of a 9.66 acre lot (P. vanSchaik), allowance of a small time extension and remaining program activities.

11. Review of Cavendish Cemetery Regulations revisions draft. Cemetery Sexton Bruce McEnaney to explain proposed changes.

12. Select Board initiation of review of the revisions to the Flood Hazard Regulations presented to the Board last month by the Planning Commission and review of the administrative process for adoption.

13. Updates on various town activities including: consideration of changes to listers activities; late season paving of High Street drainage repair and transfer station problem areas; update on hiring efforts for a Water/Wastewater Assistant Operator; Animal Control Officers gaining ability to write municipal tickets for ordinance violations; specific complaints regarding truck traffic on certain roads in town, etc.

14. Other business

15. Adjourn