Minutes
August 2, 2007
Present: Daniel Boyer
Norman John Arrison
Patricia Daniels
Others Present: Larry Melen, Town Manager
Lisa Sargent, Recording Secretary
Edith Stillson
Peter Daniels
DeForest Bearse
Edward Williams
Don Connor
Bruce Cox
Lynn Esty, Constable
Rick MusbachEd Matthews
Charles Johnson
1. Call to Order by Chairperson: Mr. Arrison called the meeting of the Select Board to order at 7:00 p.m. at Martin Memorial Hall.
Mr. Melen said he granted a proxy for Richard F. Svec to act on our behalf at the Southern Solid Waste District meeting tonight and asked the Select Board to make a motion approving this. Mr. Boyer made the motion to allow Richard F. Svec to act on our behalf at the Southern Solid Waste District meeting tonight. Mrs. Daniels seconded the motion, which passed without dissent.
2. 7:00 P.M – Public Hearing Proposed Zoning Bylaws: Mr. Arrison read the notice of the Public Hearing. Mrs. Bearse made mention of the changes and amendments that were included in the revised bylaws. Mr. Melen asked members of the Planning Commission to introduce themselves and Mr. Arrison thanked them for their work. Mr. Arrison asked how long they had been working on this. Mrs. Bearse said for about a year and one half they have met an extra week a month. Mr. Melen said we had the assistance of Cindi at the Southern Region Regional Planning Commission and we also received a grant to complete this project.
Mr. Melen asked Mrs. Bearse to explain Section 6, NIFP. Mrs. Bearse said Section 6 – 20 is a total rewrite because of the National Flood Program, this brings us up to date and gets us in compliant.
Mr. Arrison asked what time line we were working under to get these approved. Mrs. Bearse said the amendment requires this Public Hearing and then a Special Town Meeting and a vote by Australian ballot. She said the interim bylaws expire on September 22, 2007. She added there would be an informational meeting on September 13, 2007 and the voting would be on September 18, 2007. Mr. Arrison asked what would happen if the voters voted this down. Mrs. Bearse said the Select Board would have to adopt them as interim until we could re-work it again. She said as of September 28,2007 we would be ineligible for flood insurance if the vote fails and the interim bylaws are not adopted.
Mrs. Daniels made the motion to adopt the zoning bylaw revisions as presented and as proposed by the Planning Commission on July 9, 2007, Mr. Boyer seconded the motion.
Mrs. Daniels asked if anyone that worked on the revisions had any comments. Mr. Peter Daniels said they still have some work to do, they ran out of time. He said they didn’t work on the zoning districts and the zoning maps. Mrs. Daniels thanked the Planning Commission and the Zoning Administrator for their work. Mrs. Bearse mentioned this is in direct response to the Town Plan.
Mrs. Daniels said even though there is only one article on the ballot she is hopeful that we’ll have a good turn out at the informational meeting and people will come out to vote.
Motion carried unanimously.
3. Review Minutes from Previous Meeting (s): None
4. Comments from Citizens: Mr. Charles Johnson said that because he receives five different tax bills he gets hit five times with the solid waste fee. He said he has paid this for several years but he is asking the Board to drop four of the five charges this year. He said he does not use the Solid Waste Facility nor do any of his other properties, he takes all trash to Claremont to dispose of. Mr. Arrison asked if these were properties with residences. Mr. Johnson said three have residences but he takes all waste to Claremont, his tenants do not use our facility either. Mr. Johnson said one tax bill is for a 2-acre swamp that is land locked.
Mr. Arrison asked Mr. Melen if we have waived the fee before? Mr. Melen said twice. Mr. Melen said he agrees with Mr. Johnson on the charges on vacant land however, the fee is charged to assure the facility is there for everyone’s use. He said that if you abate the fee on existing residences you could open yourself up to hear from everyone in Town that doesn’t use the facility.
Mr. Johnson said this is a service fee and his understanding is that if he pays a fee he has to be willing to buy and use the service before paying the fee. Mr. Melen said the alternate solution is to include the fee as a tax, which means you could end up paying more because you own land and you’re taxed according to the value of the land.
Mr. Johnson said he should soon be down to only a couple of tax bills because Carolyn told him that he would be receiving an amended bill for this year. Mr. Melen asked Mr. Johnson to put his request in writing and the Select Board would put it on their next agenda.
Mr. Rick Musbach said he lives at 4275 Route 131 and he would like the Board to adopt a noise ordinance for private residences. He said the property across the road has noise coming from there from ATV’s, dirt bikes etc all hours of the day. He said the noise level is very high and disturbing. He said he has talked to others in the neighborhood and they agree the noise level is high.
Mr. Musbach said he has called the police department and has been told since it is on private property there is nothing they can do about it. Mr. Arrison asked if it was at nighttime, Mr. Musbach said mostly during the day. Mr. Arrison asked if he had approached the neighbors to discuss this with them. Mr. Musbach said he hasn’t yet but he will try. Mr. Arrison suggested talking with them directly and maybe it would solve the problem.
Mr. Melen said he recommends putting this on the next agenda and he will try and get a model ordinance for the Board to review.
Mrs. Daniels mentioned to Mr. Musbach that maybe his neighbors would go with him to make it well known that the noise bothers more than just one neighbor.
Mr. Arrison said there would be a band concert and picnic open to the public on August 19, 2007 at the Center Church Grove. He said the Weathersfield Historical Society is sponsoring this and everyone is invited to join them.
Mr. Ed Matthews said last summer Jarvis & Sons Construction tore up Melody Lane to put a service to a new house without telling anyone they had the road closed. He said he had to pay a truck $100 to sit and wait for the road to open and he is looking for his $100 back. Mr. Arrison said the Town doesn’t have a procedure but we need to look at an easement procedure for this. Mr. Arrison said the Select Board couldn’t help with his $100, he told Mr. Matthews that would be between him and Jarvis & Sons Construction.
Mr. Matthews said his parents applied for a permit last Spring to put a mobile home on their property and there is no answer yet. Mrs. Bearse said she believes everything was sent to them but she will check the file and let them know. Mr. Matthews said in 1993 he lived on the property in a camper and now he is being told he can’t live there for more than 30 days. It was discussed that the bylaws state you can not live on private property in a camper for more than 30 days, a camper is not considered a home. Mr. Matthews said that when his parents completed the papers when they bought the land they said they were going to camp there. Mr. Melen said this document is a State document, not for the Town and it is sent to the State of Vermont for property transfer tax.
Mrs. Daniels said she feels he is talking about zoning issues and these should be brought before the Zoning Board. Mr. Matthews said his opinion is we should use the laws to allow the town people to do what they want not to disallow them.
Skip ahead to #6 a
6. Old Business
A. Ancient Roads Committee: Mrs. Bearse said they are working on the early roads and it is difficult finding these. She said they meet every Friday morning and one frustration is the roads are identified by numbers, not names. Per Mr. Melen’s request, the consensus of the Board was ok to purchase the software called Deed Plotter for this project at an estimated cost of $100.
Skip to #7 b
7. New Business:
B. Municipal Planning Grant, Interstate Exit Planning Contract: Mr. Boyer made the motion to execute the professional services agreement with RSG Inc. Mrs. Daniels seconded the motion, which passed without dissent.
C. Weathersfield School Consolidation, Consultant Contract for Permitting Review: Mr. Boyer made the motion to execute the general consulting engineering services agreement with Otter Creek Engineering, Inc. Mrs. Daniels seconded the motion, which passed unanimously.
D. Proctor Library Wastewater Proposal System, Contract for Engineering Services: Mrs. Daniels made the motion to execute the proposal for bid and construction phase engineering services contract with Otter Creek Engineering Inc. Mr. Boyer seconded the motion, which carried unanimously.
Skip to #8 f
8. Appointments:
F. Pound Keeper, Springfield Humane Society: Mr. Melen said Springfield Humane Society came back to us with their own proposal. Mrs. Esty said they are asking for an impound fee of $50 and she does not agree with the way they want the owner to go to them to claim the animal, we have the owner come to us first and then go get their animal. After discussion, Mrs. Daniels made the motion to authorize Mr. Melen and Mrs. Esty to work this out and sign a contract with someone, Mr. Boyer seconded the motion. Mrs. Daniels said if fees aren’t going to be covered to come back and ask for an increase. Motion carried unanimously.
Back to #5
5. Monthly Reports
-Constable – no comments
6. Old Business
A. Petition and Order for Pole and Wire Locations Tel RT 58 CVPS LN 12, Thrasher Road, Verizon New England, Inc. Mr. Melen said he didn’t receive any comments from Mr. Hazeltine so he must be ok with it. Mr. Arrison said he would like to table this item until we receive a time schedule from them as to when their lines are going to be transferred on the new poles along Route 5 and Route 131. Mr. Boyer made the motion to table this item until August 16, 2007. Mrs. Daniels seconded the motion, which passed without dissent.
8. Appointments
E. Parks and Recreation Commission: Mr. Boyer made the motion to appoint Mr. Howard Bergeron to the Parks and Recreation Commission. Mrs. Daniels seconded the motion, which passed without dissent.
Mr. Boyer made the motion to nominate Ms. Julia Lloyd Wright to the Parks and Recreation Commission. Mrs. Daniels seconded the motion, which passed without dissent.
9. Sign Treasurer’s Warrants: Mrs. Daniels made the motion to approve the Treasurer Warrants as follows:
General Fund Payroll $ 9,984.08
General Fund Operating Expense $13,141.68
Highway Fund Payroll $ 7,750.17
Highway Fund Operating Expense $18,486.53
Solid Waste Management Fund Payroll $ 996.45
Solid Waste Management Fund Operating Expense $ 6.73
Mr. Boyer seconded the motion, which passed unanimously.
10. Next Meeting’s Agenda Items: Warning for Special Town Meeting, noise ordinance, Charlie Johnson, FY07 closure, FY08 period one, missing reports from tonight.
11. Adjourn: Mr. Boyer made the motion to adjourn. Mrs. Daniels seconded the motion, which passed without dissent. The Weathersfield Select Board meeting was adjourned at 9:00 p.m. on Thursday, August 2, 2007.
Respectfully Submitted,
Lisa Sargent
Approved by the Weathersfield Select Board on September 6, 2007
____________________
Daniel Boyer
_____________________
Norman John Arrison
_____________________
Patricia Daniels
Appendix
Mobile Home behind Bow Church (completed?)
Tenney Hill
Name of chairpersons of various committees
Internet policy
Disposal certification application, VT AOT
Procedure on utility easements
Beaver Dams
Property tax rebate system (completed?)
Ancient roads (continue working on)
Sign posting policy
Use of Perkinsville Elementary School
Town Manager search (July, 2007)
Capital asset inventory
No Parking Signs by Thomas residence
No Parking signs on Route 131 near exit 8 and Tenney Hill
Review and increase of land use fees
Martin Memorial Hall/Town Office Building (where one ends and the other begins)
02/27/07 New Map for Town Report
03/08/07 Procedure for handling of complaints and citizen inquiries
05/03/07 Emergency communication
05/03/07 Radio Station designation for emergencies
05/17/07 Meet with Appraisers (delete?)
05/17/07 Disposal of CFL’s (delete?)
06/07/07 Rapid Response Plan