Joint Meeting Minutes
September 20, 2007
Present: C. Peter Cole
Henry C. Cobb
Norman John Arrison
Patricia DanielsOthers Present: Rolly Cann
Betty Adams
Carl Wyman
Larry Melen, Town Manager
Lisa Sargent, Recording Secretary
Ralph Goings
Russ Aldridge
Peter R. Dufrey Sr.
Joanne Morse
Emery Morse
Beth Fastiggi, Verizon
Art Peterson, Verizon
Karen Farnham, Verizon
Brian Barney, Verizon
DeForest Bearse, Zoning Administrator
Harry Temple
Edith Stillson
Rod Spaulding
Darrin Spaulding
John Barney
Robert Menthe
Elaine Menthe
Julia Lloyd Wright, Eagle Times
Joanne Horsey
Olive Rumrill
Ed May
Matthew Keniston
Lynne Esty, Constable
Jim MacNutt
Wes Hazeltine, Road Superintendent
Chief Brown
1. Call to Order by Chairperson: Mr. Cobb called the meeting of the Weathersfield Select Board to order at 7:00 p.m. on Thursday September 20, 2007 at Ascutney Volunteer Fire Station. Mr. Cann called the Trustees of Public Funds meeting to order.
2. Accountability Progress, Possible Future Simplification: Mr. Cann said Mrs. Adams requested the joint meeting because the Trustees of Public Funds have different opinions on how to be accountable. He noted the Connor Fund had $425 in it and this fund is aimed at children and the Campbell Fund has $750 in it. He said he and Mr. Wyman want to do a better job of getting information before making the grants. He feels there are times when not enough information is provided. Mr. Cann said he talked to Springfield and they use SEVCA to help them obtain information, he noted this person would not be involved in making the decision. Mr. Cann said Mrs. Adams is uncomfortable with farming out data intake but he and Mr. Wyman believes it would be a good thing to do because it is so hard to get information.
Mrs. Adams said a lot of what she deals with is very confidential information. Mr. Cobb asked if SEVCA could obtain information that she cannot, Mrs. Adams said no. Mr. Cobb asked if SEVCA could obtain information quicker. Mrs. Adams said no and actually it may take them longer because they have certain hours to work and she is available 24 hours a day, seven days a week.
Mr. Arrison asked if the Campbell and Connor funds are the only two available, Mr. Cann said yes. Mr. Arrison asked how often the requests go over the funds availability, Mr. Cann said not every year. Mr. Arrison asked how many requests we have a year, Mr. Cann said one or two grants are issued per fund.
Mrs. Adams said the last person to contact her got her name from the Perkinsville Church, she called 211 and the only organization she got was Perkinsville Church.
Mrs. Adams said she has talked to six other towns around us and they do not have anyone outside of the town participate in the decision. She said some have committees, some use the Town Service Officer.
Mr. Melen said he is concerned that the Town is on the hook for maintaining privacy.
Mrs. Daniels asked Mrs. Adams if she feels that working in two capacities (as a Trustee of Public Funds and as the Town Service Officer) is a conflict. Mrs. Adams said no. Mr. Cann said the difference of opinion on how much information we need has gone on longer than the number of years Mrs. Adams has been the Town Service Officer.
Mr. Cobb said his opinion is the people that live in Town know the Town and the people in the Town. He said he would want to leave this in Town and not farm it out. Mr. Cole said he agrees with Mr. Cobb.
Mrs. Adams said a lot of requests come from non-residents so they don’t even go to the Trustees of Public Funds.
Mr. Arrison said he agrees with Mr. Cobb and Mrs. Daniels said she agrees with Mr. Cobb too but would like to hear from Mr. Wyman.
Mr. Wyman asked if we should continue to do this verbally or do we have a standardized system put in place. He asked if the Town should develop a privacy release form. Mr. Cobb said he thinks those are questions that should be answered by the Trustees. Mr. Cann said we do have some forms but feels that Mrs. Adams is sometimes reluctant to dig too deep. Mrs. Adams said she feels whoever gets the information needs to be trusted.
Mr. Cobb said the purpose of this discussion was for the Select Board to provide advice to the Trustees of Public Funds, advice has now been given and it is up to the Trustees to figure out how to proceed.
3. Adjourn: Mr. Wyman made the motion to adjourn the joint meeting between the Trustees of Public Funds and the Select Board. Mrs. Adams seconded the motion, which passed without dissent.
2. Review Minutes from Previous Meeting(s): Mr. Arrison made the motion to approve the minutes dated September 6, 2007, Mrs. Daniels seconded the motion. Corrections were noted. Motion carried unanimously.
3. Comments from Citizens: Mr. Melen said he couldn’t be at the Southern Windsor Windham Solid Waste District meeting tonight so he issued a proxy to Frank Heald. Mr. Arrison made the motion approving designation to Frank Heald. Mr. Cole seconded the motion, which passed without dissent.
4. Utilities
(i): Request for Easement across Town property, Weathersfield Bow Pit and U.S. Route 5: Mr. Melen said they are relocating two poles just south of Bow Pit property to serve the Graves property. Mr. Hazeltine said he believes they are trying to get higher over Route 5. Mr. Arrison made the motion to approve their request for an easement with the stipulation the old pole is removed within thirty days and the Town Manger is to sign the petition. Mr. Cole seconded the motion, which passed unanimously.
(ii) Petition for Pole and Wire Location, Skyline Drive at Cooks Pond Road: Mr. Hazeltine said they are bringing service wire to the foundation that is there now. There was discussion that the property owner where the pole is to be installed may not have been consulted yet. Mr. Arrison made the motion to table this until October 4, 2007 and have CVPS come to talk with us about it and also get the Bladyka’s opinion. Mr. Cole seconded the motion.
Mr. Menthe said Mr. Kibbe has tried to get permission of the landowner but has not been able to do so yet. He said that CVPS said this is the best place to put the pole that is why this location was chosen. Mrs. Daniels said we should have something in writing from the property owner that he is ok with this pole. Motion carried unanimously.
B. Petitions and Orders for Pole and Wire Locations, Verizon New England, Inc. Mr. Melen introduced Karen Farnham and she in turn introduced Brian Barney, Art Peterson and Beth Fastiggi (all from Verizon).
Ms. Farnham said on July 23, 2007 Verizon sent a petition to relocate the poles on Thrasher Road as they have received several complaints for safety issues. The Select Board tabled the petition and in the interim she and Mr. Melen played phone tag during which time a tractor-trailer hit the cable going across the interstate.
Mr. Barney explained why the cable was sagging and said there is no way to correct the wire across the interstate the way the poles are now. Mr. Cobb asked how many poles were there, Mr. Barney said there were four and they’ll be an additional two or three. Mr. Peterson said he met with Mr. Charlie Johnson, property owner, about the pole placement and he was not ok with it so they ended up with a couple more poles than before.
Mr. Melen asked why the poles were placed on the south side of the road. Mr. Peterson said due to the way the road and bridge curves and because of easements they should be on the south side.
Mr. Cobb explained easements need to come first and Ms. Farnham said that is their practice. Mrs. Daniels said that in the process of selling to Fair Point they should be sure they relay our message that easements come first.
There was discussion on the extra poles up Route 131 and down Route 5. The Verizon representatives explained other utilities use their poles too and that is part of the delay in removing the old poles. With that being said they said they would push for completion and remove the extra poles as soon as possible.
Mrs. Daniels asked what would happen if we wanted the poles moved from the south side of Thrasher Road, Ms. Farnham said that she would have to run it by their legal department to see what rights they have.
The consensus of the Board was to have Verizon resubmit their petition on October 4, 2007. Mrs. Bearse said they should try to do something else and not have the poles on the south side of Thrasher Road. Ms. Julia Wright suggested they should start burying lines.
5. Monthly Activity Reports
Mr. Dufrey asked about paving on Stoughton Pond Road, Mr. Melen explained the time schedule to him. Mr. Dufrey then asked about cutting limbs that are hanging over Plains Road from two old oak trees, it was discussed that Mr. Hazeltine will take a look at these.
C. Land Use: Mr. Cole made the motion to sign the Annual Municipal Planning Grant for $10,400 to update the subdivision regulations. Mrs. Daniels seconded the motion, which carried unanimously.
D. Police: No comments
E. Associates in Municipal Property Tax Assessments: Mr. Melen said they are just hit or miss at this point, done a lot throughout the Town but need to go back to some places.
F. Southern Windsor/Windham Counties Solid Waste Management District: No comments.
G. Financial: Mr. Melen said all adjusted entries have been done. He said two funds are in the black and one is slightly in the red.
6. Highway
A. Town Highway 101 (Highway Garage) Paving: Mr. Hazeltine said that he originally proposed to pave a 35’ apron into the Highway garage, he would like to drop this to keep it at a maximum of $1,500 (instead of $2,300). Mr. Arrison made the motion to approve a sum not to exceed $1,500 for paving the apron into the Highway garage. Mrs. Daniels seconded the motion, which carried unanimously.
B. Town Highway 22 (Adams residence) Paving: Mr. Hazeltine said he has talked to Mr. Adams and he will go 20’ wide and keep the expense within $1000. It was noted Mr. Adams is paying for this but it is within the Town right of way. Mr. Arrison made the motion to instruct the Town Manger and Town Highway Superintendent to arrange for paving to the apron on Town Highway 22 not to exceed $1,000. Mrs. Daniels seconded the motion, which passed without dissent.
C. Town Highway 43 (Pent Road) Request to post “No Motorized Vehicles” signs by Julia Lloyd Wright: Mr. Arrison said he agrees with Ms. Wright’s request that a sign should be posted. Mr. Temple said he mows Eve Noake’s fields and he will need to drive his farm tractor through here. Mr. Melen said he thinks agriculture is exempt. Mr. Arrison made the motion to post Pent Road prohibiting motorized vehicles (except farm vehicles) on Town Highway 43. Mrs. Daniels seconded the motion, which passed without dissent.
7. Old Business:
A. Request for right-of-way off Tenney Hill – Vermont Department of Forests, parks and Recreation: Mr. Melen said Mr. Morton’s letter states the State has withdrawn their request at this time.
Mr. Arrison asked to move ahead to #8 a.
8. Ordinances and Policies:
A. Ordinance Regulating Objectionable Noise (second reading): Mr. Arrison said he is concerned the ordinance is too subjective in what is a nuisance.
Mr. Goings asked what prompted this ordinance, Mr. Cobb said several complaints in town, generally dealing with ATV’s.
Mr. May asked why shooting at the shooting range should start at 6:00 a.m. and go to quarter past 9 at night? Mr. Melen said this ordinance addresses shooting ranges. Mr. Aldridge said the club rules are that shooting is from 8:00 a.m. until dusk so if shooting is before or after those hours then the police should be called because it is not a member of the club doing the shooting.
Mr. Keniston said he agrees with the purpose served by the range but the Town needs to come up with a definition of a shooting range. He said there are ways to temper the sound of weapons. He said from time to time it is rapid firing of weapons and full automatic weapons should be banned. Mrs. Esty said the full automatic firing comes from the State gravel pit, that she has called the police before and that is where it is coming from.
Mr. MacNutt said he feels how reasonable is defined in the ordinance is very subjective. Mr. Melen said the enforcement method is up to the police officer and beyond that it is up to the courts.
Mr. MacNutt questioned the sawmill noise, he said he has talked to the owner and was told they did not do anything different when they rebuilt but Mr. MacNutt said the noise is much louder now. Mr. Cobb said that is a Zoning issue.
There was a lot of discussion on the noise from the shooting range and during what hours and that it was seven days a week. A few audience members voiced frustration that there were not extra copies of the noise ordinance at the meeting for them to look at. It was said that they could request a copy from the Town Office.
Mr. Goings asked what happens now. Mr. Cobb and Mr. Melen explained there are three readings and then it will be adopted at a Pubic Hearing.
The consensus of the Board was not to move to the third reading. Mr. Cole made the motion to table this until October 4, 2007. Mr. Arrison seconded the motion, which passed without dissent.
Back to #7 b
7. Old Business:
B. Request for Qualifications Weathersfield Elementary School Re-use Study: Mr. Arrison said he thinks we need to define feasibility. There were different opinions among people as to what would be done in a feasibility study. It was discussed that Phase I will be the assessment of the structure and Phase II will cover all other costs that are associated with moving. Mr. Melen said he thinks we need to look at the building first to see if it can be converted. Mr. Cobb asked who did the rest, Mr. Melen said some places use contractors but we need to address the physical plant at this time. The consensus of the Board was to have Mr. Melen come up with a plan for Phase I.
8. Ordinances and Policies:
B. Proposed Road Surface Cut Policy: Tabled
9. New Business:
A. Request to install Solar Photovoltaic Panels at Martin Memorial Hall, Julia Lloyd Wright: Mr. Arrison asked if grants were available, Ms. Wright said yes. Mr. Melen asked Ms. Wright to research grant options and then get with him.
B. Request to implement an ordinance mandating neutering of all domestic pets, Julia Lloyd Wright: Mrs. Esty said she is in favor of this but doesn’t know how to enforce it. She would rather see our money used to sponsor spay and neuter clinics. The consensus of the Select Board was to not proceed with this ordinance.
C. VLCT Property and Casualty Inter-Municipal Fund, Commercial Driver License Standards and Annual Driver Records Check: Mr. Melen said this is a heads up that we may need to start doing annual MVR checks on employees that drive Town vehicles.
D. Medical Information Privacy Practices for Emergency Responders: Tabled
F. Vermont Emergency Management Agency, Emergency Shelter Program: Tabled
10. Sign Treasurer’s Warrants: Mr. Arrison made the motion to approve the Treasurer Warrants as follows:
General Fund Payroll $15,734.34
General Fund Operating Expense $16,663.99
Highway Fund Payroll $12,052.53
Highway Fund Operating Expense $65,730.14
Solid Waste Management Fund Operating Expense $ 1,707.47
Solid Waste Management Fund Payroll $11,503.12
Grants $ 1,181.79
Mrs. Daniels seconded the motion, which carried unanimously.
11. Next Meeting’s Agenda Items: Tabled
Mrs. Daniels made the motion to have the Chairperson sign the Public Lands Highway Grant. Mr. Cole seconded the motion, which passed without dissent.
12. Executive Session: Mr. Arrison made the motion to go into executive session with the Town Manager to discuss current litigation. Mr. Cole seconded the motion, which passed without dissent.
13. Adjourn: Mr. Arrison made the motion to adjourn. Mrs. Daniels seconded the motion, which passed without dissent. The Weathersfield Select Board meeting was adjourned at 10:58 p.m. on Thursday, September 20, 2007.
Respectfully Submitted,
Lisa Sargent
Approved by the Weathersfield Select Board on October 4, 2007
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Henry C Cobb
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Norman John Arrison
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Patricia Daniels
Appendix
Tenney Hill (forestry management)
Name of chairpersons of various committees
Internet policy
Procedure on utility easements
Ancient roads (continue working on)
Sign posting policy
Use of Perkinsville Elementary School
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
08/16/07 large gathering permit
08/16/07 Welch – National Historic covered bridge grant
09/06/07 Annual SWMF – waive?
09/06/07 Letter to Senator Lahey
09/06/07 ROW for underground utilities