Weathersfield Select Board
Minutes
June 16, 2005
Present: Dan Boyer
C. Peter Cole
Patricia Daniels
Henry C. Cobb
Others Present: Larry Melen, Town Manger
Wes Hazeltine
Robin Scheffer
Sandra Chase
Barry W. Newton
Julia Lloyd Wright, Eagle Times
Peter Korbet
deForest Bearse
George Simone
Charlene SimoneBruce Johnson, SAPA TV
2. Public Hearing: Mr. Cole opened the Public Hearing for the Proposed Interim Zoning Bylaws. Mr. Melen said the Board saw the proposed interim by-laws on May 19, 2005 and on May 20, 2005 copies of the proposed Bylaws were mailed to the Town of Baltimore, Chester, Cavendish, Reading, Windsor, West Windsor and Springfield as well as to the Southern Regional Planning Commission and to the Vermont Agency of Commerce & Agency Affairs. A copy was posted at the Ascutney Post Office, Perkinsville Post Office, Proctor Library, Martin Memorial Hall, Weathersfield Middle School and Weathersfield Elementary School. It was also posted in The Message on June 1 and June 15, 2005.
Mrs. Bearse said this Bylaw is intended to replace the current Weathersfield Zoning Interim Bylaw that is due to expire and rather than reenact the existing interim for another year she had asked for several changes to it that constituted substantial changes that require adoption of a new interim Bylaw. Mrs. Bearse told the Board where this one differs from the existing one, she said the changes were underlined in the copies they have. Mrs. Bearse also talked about what would remain the same. She mentioned it had a fair amount of flexibility in it and she feels it will work well for the Town.
There was discussion about site visits and Mrs. Bearse said she always encourages a site visit.
Mr. Korbet asked if Act 250 has any jurisdiction over the site location. Mr. Melen explained in certain circumstances they do and gave examples. Mr. Korbet asked if the Planning Commission considered a provision for flying a balloon or other devise at the proposed evaluation for a period of time so people could see the effect on the landscape. Mrs. Bearse said she was familiar with this test but this is not a requirement and although this doesn’t specifically call for it the Board could request a test to be performed. Mr. Korbet asked how many towers were in Town now, Mrs. Bearse said none.
Mr. Boyer made the motion to adopt the Interim Zoning Bylaw language as published on May 19, 2005, Mrs. Daniels seconded the motion. Mr. Korbet said he feels there should be some type of criteria for height. Mr. Melen said there is a provision, the applicant needs to show a site study showing why the height has to be at that height so the burden of proof is on the applicant. Mrs. Bearse said a provision was added that there needs to be legal representation on the other side of the table so they will be a more level playing field. Obviously the height has a lot to do with the number of facilities that can be on the tower, this provision allows the Town to decide each case individually. Motion carried unanimously.
Mrs. Daniels made the motion to close the Public Hearing. Mr. Boyer seconded the motion, which passed without dissent.
3. Comments from citizens: Mr. Melen told the Board Mr. Korbet had left a letter with him from Mrs. Whittemore regarding a Blind Person sign. He confirmed with the Board that they have previously approved the request so he will forward the letter on to the State Signage Division.
Mr. Korbet made mention the crosswalk on Route 106 and across Quarry Road is in the State’s Right of Way.
4. Review minutes from previous Meeting: Mr. Melen asked to pass over this since the recording secretary was not present to note corrections.
5. Application for Large Gathering Permit for Robin Scheffer: Mr. Melen said the application is for 120 attendees from 4:00 p.m. to 9:00 p.m. on June 25, 2005 at 420 Divoll Pasture Road for a wedding reception. Mr. Boyer made the motion to approve the application for a large gathering to Robin Scheffer on June 25, 2005, Mrs. Daniels seconded the motion. Mr. Cole asked Mr. Melen if there were any further conditions. Mr. Melen said two people will be parking cars, the road will be clear for emergency vehicles, and they will supply trash receptacles and chemical toilets. Motion carried unanimously.
Mr. Boyer made the motion to waive the fee for a large gathering permit, Mrs. Daniels seconded the motion. Mr. Cole asked if this was consistent with what we’ve done in the past. Mr. Melen said yes for weddings but we need to re-visit this to amend the fees. Motion carried unanimously.
6. Monthly Reports: Mr. Melen said we should finish comfortably in the black for the General Fund and Highway. The Solid Waste is about 3% over budget due to the disposal of Construction & Demolition Material.
Mr. Melen noted the Grand List has been filed, it is up so the tax rate is down.
Mr. Korbet asked if there was a State contract that we could be involved with when buying a new front-end loader for the gravel pit. Mr. Melen said there is not one listed in the current State contracts. Mr. Korbet asked if we are going to recover any funds from the Fiat. Mr. Hazeltine said there are a few people interested in it at this time. Mr. Cole said we would sell it, not trade it in.
7. Adopt Ethics Policy: Mrs. Daniels made the motion to adopt the Ethics Policy as printed. Mr. Cobb seconded the motion. There was discussion on conflict of interest; Mr. Melen read the section of the policy that defined potential appearance of conflict. Mr. Cobb asked if the policies are listed on our web site, Mr. Melen said yes. Motion carried unanimously.
8. Old Business:
A. Butterfield Hill Drainage Project: Mr. Melen noted for the record that Mr. & Mrs. Simone are present. He has spoke with them as well as Mrs. Matalonis regarding the easements.
Mr. Simone had a question in the language of the letter he received regarding the temporary easement. He read the letter and Mr. Melen explained the language. There was discussion about the temporary clean outs/erosion control. The Simone’s were also told they would be notified of the work schedule so their vehicles can be moved if needed. Mr. Melen said everyone on the road would be notified of the work schedule.
B. Thrasher Road Reconstruction: Mr. Hazeltine mentioned the possibility of doing the work in a three to four week period of time if they wait until next spring to start then they could finish after July 1 when the balance of the funds were available. This would prevent any damage that may happen during the winter and spring.
He also wanted the Board to confirm where the project was going to end, as there has been some talk of ending at the Bridge and other talk of ending at Darlene Johnsons. The consensus of the Board is it is going all the way to the interstate bridge.
There was discussion about what construction projects we are involved in this year and what are planned for next year.
Mr. Cobb said we’ve talked about this project for several months, we said we’re going to start during this construction season. He feels we should grind it up, let it set through the winter then pave it. Mr. Cole asked if we did leave it, will cold patch be applied during this summer, Mr. Hazeltine said yes. Mr. Boyer said his only objection is the people on Thrasher Road have been told they are going to get some relief this year by having some work done. Mr. Melen said again, there is a risk that damage could be done during the winter and spring thaw. Mrs. Daniels also said she thinks we should move on it now and take our chances next Spring. Mr. Cole said he would like to follow what Mr. Hazeltine and Mr. Melen suggests but agrees with the Board that we should go ahead this year. The consensus of the Board is to move forward as planned.
Mr. Cobb asked if there was a reason why it had to be paved and could not be left as dirt. Mr. Melen said he believes it was paved as part of the interstate construction project, no other reason than that.
C. West Weathersfield Volunteer Fire Department Pumper Truck Update: Mr. Melen said he had a vendor question the evaluation procedure and the hold back of funds. After review his suggestion is to break the mileage scoring into four 25-mile increments. The Board agreed the mileage scoring should be in four 25-mile increments. Mr. Melen said even though the Vendor does not agree with the retention of funds he does not feel that this should be changed. The consensus of the Board is to leave the retention of funds as is.
D. Vermont Department of Forests, Parks, and Recreation Request for Easement at Wilgus State Forest: Mr. Melen said we have received a letter dated June 13, 2005 regarding the access points off Route 5. There is also a letter dated June 16th from the Parks & Rec Commission asking the Select Board to approve the harvesting at Tenney Hill. Mr. Boyer also asked if we could take any funds from the project and give them to the Parks & Rec for activities there at Tenney Hill. Mr. Melen said this would take voter approval. Mr. Korbet said monies collected could go into the General Fund for maintenance of Tenney Hill Road. Mr. Melen said monies would go into the General Fund unless it went before the voters.
There was discussion as to if they would chip the remains or if they would be left to rot. Mr. Cobb said if it were chipped there would be more trucks. Mr. Cole said we could specify if we want it chipped or left to rot into the soil. Mr. Melen said his opinion is the State is going to leave theirs to rot into the soil. Mr. Cole said his preference is to leave it in the woods.
Mrs. Chase was present and offered her opinions to the Board. She mentioned the edge next to the interstate is so fragile skidders will do damage and there is sand on top of rock. She is also concerned once the brush is cut and the road is wider this will attract vandals. She noted kids play near the pond, she has left a message for Chief Brown but has not seen any more patrol in the area. She said she feels the State can access from their property with accessing by the pond. Also, there is a waterline that is gravity fed that runs under the interstate that is a great water source. It’s a piece of land that she hates to see destroyed.
Mrs. Daniels said she feels it needs to be managed, feels with the requirement of a bond we will be able to have the property repaired if it gets damaged ie: water line. She feels we hold the cards, this should be done the way we want and this should be done now.
Mr. Cobb offered his opinion that we have a forest that needs to be managed but also we have a scenic view that needs to be maintained. He also agrees with Mrs. Chase that the area near the interstate is very fragile and will be torn up. He is favorable for the harvesting of the State land if it’s done carefully but until we know what is on our land, what trees are affected he is not in favor of harvesting our land. The State Park Ranger has seen bald eagles, are they on Town land? And, in the Town plan we talk about Tenney Pond being a water source. Is this going to hurt our water source? He would like more information before making a decision. Is there red rot on our land or not, does it need to be harvested?
There was discussion on landing locations. It could be back by the pond, which would take more clearing for the trucks to go in and out, or it could be closer to Tenney Hill Road. Again, there was some concern of widening the road any more than it is.
Mr. Melen said he believes we are running two things together. One issue is whether or not the Town gives the State permission of Right of Way to harvest their land. And as part of this we have the option to have them do our land. Mr. Melen said his impression is once the Town says yes for a ROW with conditions one of the conditions will be to do a management study plan on our land.
Mr. Cole said he thinks the general consensus is OK to look at our property to see what needs to be cut. We can lay out certain safe guards to reclaim the land including the road to keep people out of there.
Mr. Cobb said he would like information to see if there is any impact on the water source. Mr. Cole asked Mr. Melen to find this out.
There was discussion as to the conditions we would request. It was discussed they would include: a bond for damages, return to as original condition as possible, management study of Town land, winter operation only, and if there was any hydraulic impact.
Mr. Korbet said he feels the Town should grant the State the ROW to access their land through ours. We can direct them what we want done. It is a comprehensive process; it will benefit our children 60 years down the road as well as the woods. It is a way of fertilizing; we need to look at this in a positive way and a long-term process.
Mr. Cobb also said that if done they need to coordinate with the Fire Commission for the dry hydrant that is there. Mr. Melen said we would mandate the dry hydrant is accessible at all times.
Mr. Cole asked to skip to #10 as Representative Shand is present.
Representative Shand said this originated by lawyers and pushed hard by title insurance companies. Lawyers are only required to go back 40 years unless there is a problem. Title insurance companies only pick up premium once for their insurance, which is based on the purchase price of the land. Representative Shand gave an example of a large case from Chittenden. He said right now in Rutland and Windsor Counties there are 6 to 10 cases in Court. He said the Board comes into this because the Constitution says the Town can take the land for use of a road but they have to compensate the owner. He read an article from the Vermont Law Journal explaining the value of an ancient road. He said we must determine when and how the property was laid out. He said the Public Right of Way is never thrown up without finding proper documentation, he showed the Board a map as another example. He said the Town Clerk needs to be involved, all records need to be recorded. He said right now Barnard, Bethel and Chittenden are in danger of losing their Title Insurance. He said VT Law does not favor land locked land. He feels Weathersfield is fortunate because we have maps from approximately 1867 to get an idea where roads are. His suggestion is to start by talking to the Conservation Commission; the other idea is to talk to a law school that has an intern that needs a project. He said there is a problem finding the records to prove the roads have been thrown up. He suspects at some time the State will say any Class IV roads that aren’t on a “specific” map aren’t class IV roads.
Mr. Newton said his road went all the way to Route 5 as a Class 3 road. In 1963 due to the interstate the road stopped. He said there is nothing in the Town records showing the road was given up. Mr. Melen said one problem is in the late 50’s to mid to late 60’s records vanished and the hard part with us is to prove the roads have been discontinued. Mr. Melen said he and the Town Clerk have started the process and they have found 18 roads that have been relinquished. He said we have temporary help through the summer months that will help work on this project.
Mr. Newton said he found a State Statute that says the Town can plow a Class IV road. Mr. Cole confirmed that was true, they can choose to maintain a Class IV road.
The Board thanked Representative Shand for coming in and Mr. Cole asked Mr. Melen to keep the Board updated periodically on the process.
New Business:
A. Calendar Year 2005 meeting schedule and locations: Mr. Melen said the proposal is the first meeting of the month to be held at Martin Memorial Hall, the second meeting of the month to be held on the Road, the same as the past. The Select Board is OK with this.
B. Order to Reappraise: Mr. Melen said the Board has the draft to review and he’ll schedule an official review at the next meeting.
C. Discuss possible Property Tax Due reminder notices: Mr. Melen gave the Board prices of labels to use as calendar reminders for taxes due. They will be further discussion at the next meeting.
Mr. Cobb asked along with the tax reminders if we were going to have a forgiveness period of two weeks that people don’t have to pay a penalty. Mr. Melen said there is a legal opinion that says you either charge the penalty or you don’t.
D. Adelphia Cable: Tabled until next meeting but there is a letter for the Board to review.
11. Appointments: Mr. Melen said Mr. Newton is present and he would like a brief executive session to discuss the appointment. Mr. Cole said we’ll do the Treasurer’s Warrants then the executive session.
12. Sign Treasurer’s Warrants:Mr. Cobb made the motion to approve the Treasurer’s Warrants as follows:
General Fund Payroll $13.911.87
General Fund Operating Expense $27,179.94
Highway Fund Payroll $12,555.13
Highway Fund Operating Expense $18,679.17
Solid Waste Management Fund Payroll $ 1,748.72
Solid Waste Management Fund Operating Expense $16,244.93
Mrs. Daniels seconded the motion. Mr. Boyer questioned the payment to Dingee, Mr. Melen said he doesn’t have a copy of the bill but it’s for Engine 2. Motion carried unanimously.
Mr. Cobb made the motion to go into executive session for litigation and to discuss the appointment of Town Officials. Mrs. Daniels seconded the motion, which passed without dissent.
13. Agenda Items: Executive session for real estate, property taxes, schedule for Thrasher Road construction, Wilgus State Forest, fence at Tenney pond.
Mr. Cobb made the motion to adjourn. Mr. Boyer seconded the motion, which passed without dissent.
Respectfully Submitted,
Lisa Sargent
Approved by the Weathersfield Select Board on July 21, 2005
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Henry C. Cobb
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Daniel Boyer
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Patricia Daniels