Present: Norman John Arrison
Henry C. Cobb
Dave Fuller

Others Present: Edith Stillson
Julia Lloyd Wright
Steven Hier
Larry Melen, Town Manager
Mr. Lafko

1. Call to Order by Chairperson: Mr. Arrison called the meeting of the Weathersfield Select Board to order at 7:10 p.m. at the Weathersfield Center Church.

2. Comments from Citizens: Mr. Arrison recommended skipping this and moving onto item #3.

3. Review Minutes from Previous Meeting(s): Mr. Cobb made the motion to approve the minutes dated June 18, 2009, Mr. Fuller seconded the motion. Mr. Fuller asked to note who the descending vote(s) were from. Motion carried unanimously.

Skip ahead to #9

9. New Business
A. Weathersfield Historical Society, Application for Large Gathering Permit and Request to Use Memorial Grove. Mr. Arrison said this request was from Ginger Wimberg. Mr. Cobb made the motion to approve the application for the large gathering permit and waive any fees, Mr. Fuller seconded the motion. Mr. Cobb amended the motion to include the date of the event is September 20, 2009, Mr. Fuller seconded the amendment. Motion carried unanimously.
Mr. Cobb made the motion to approve the use of the Memorial Grove for the same concert on September 20, 2009. Mr. Fuller seconded the motion which passed unanimously.

Back to item #2

2. Comments from Citizens: None

4. Tax Anticipation Note, Steven A. Hier, Treasurer: Mr. Melen said Mr. Heir recommends borrowing $150,000 in tax anticipation from Chittenden Bank at an interest rate of 2.25% for a period of one year and noted the tax bills will go out late this year. Mr. Cobb made the motion to approve the note for $150,000 from Chittenden Bank at an interest rate of 2.25% for a period of one year, Mr. Fuller seconded the motion. Mr. Hier said we can pay back the note back early if possible with no penalty. Motion carried unanimously.

5. Solid Waste Management Facility, Jamie Brockett: Mr. Melen said this is in response from the Solid Waste Facility operators and the Highway Superintendent regarding scavenging by Mr. Brockett. Mr. Melen said he was told that Mr. Brockett was instructed to stay out of the dumpsters and also was instructed to leave which he did not adhere to.
Mr. Brockett said he was never instructed to leave, the first he knew about it was when Chief Brown served him the no trespassing order. He said at one time about two and one half months ago he got in-between the two dumpsters to make a phone call when he dropped his cell phone in the dumpster. He said he tried to reach it and couldn't so he got in the dumpster to get it. He admitted he had been instructed to stay out of the dumpsters but he needed to get his cell phone. He also said there has been turmoil between him and Norm for about eight years for various reasons.
He said he has a whole list of grievances however; he would like to stay away from that if the Board will reinstate his privileges. He mentioned a few reasons why he is unhappy with the transfer station is being run, mainly he believes in recycling and gave an example of the front door of his house coming from there several years ago.
Mr. Arrison agrees the recycling policy has changed due to the State of Vermont mandating dumpsters be used instead of stuff being just put on the ground and easily accessible. Mr. Brockett said he understands this however; the volunteers of the facility have access to all of the areas. Mr. Melen said the difference is they are covered under the town's liability policy. Mr. Cobb said even if they are covered for liability volunteers should not be in their either.
Mr. Cobb said he would like Mr. Brockett to give the list of grievances to the Town Manager as they may help us with recycling. Mr. Cobb made the motion to suspend the notice of trespass for 90 days and after 90 days it is torn up if everything is satisfactory. Mr. Fuller seconded the motion which passed without dissent.

6. Highway
A. Sale of Town Owned Vehicle, 1989 Mack Truck: Mr. Melen said the Town of Lempster is interested in purchasing this as is (without the radio) for $8,000. He said the Superintendent and him feel this is a fair offer. Mr. Cobb made the motion to accept the offer of $8,000 for the 1989 Mack Truck without the radio otherwise as is, Mr. Fuller seconded the motion. Mr. Fuller said he asked Mr. Hazeltine the other day how aggressive the Town tried to sell this. Mr. Melen said it has been listed on a few websites. Motion carried unanimously.
B. Hidden Glen Road Bridge: Mr. Arrison said this came before the Board about a year ago and is before us again. Mr. Melen said there is $10,000 in the budget to deal with the bridge this year. However, as long as it is a wooden deck bridge there will still be a weight problem. Mr. Melen said since it has been funded he recommends writing to the homeowner stating repair has been funded (up to $10,000).
Mr. Cobb suggested the Town Manager work with the Highway Superintendent to see what can be done. Mr. Melen said he will respond and let the property owner know we will be doing some sort of rehabilitation. Mr. Arrison asked Mr. Melen to work up a budget and bring it back to the Board.

7. Weathersfield Fire Commission
A. Fire Departments Memorandum of Agreement: Mr. Arrison said we received a revised copy tonight, Mr. Melen said a copy has been mailed to the Fire Commission. Mr. Melen recommended tabling this until Mr. Boyer was present. Mr. Melen said the Attorney has found a number of differences and that is what is noted on the sides.
B. Ascutney Volunteer Fire Department E-2 Primer Pump: Mr. Fuller made the motion to table both the Fire Departments Memorandum of Agreement and the discussion on the Ascutney Volunteer Fire Department E-2 Primer Pump until July 16, 2009. Mr. Cobb seconded the motion which passed without dissent.
C. Fire Departments' Billing and Collections: Mr. Fuller said he has been informed of an incident that happened by a person who lives in town that they were charged a significant amount of money in a car related issue by the Fire Department. He wants to see the policy and procedure on billing town residents for fire department response - he has no knowledge of a procedure and would like to know who decides on these fees and where the money goes once collected.
Mr. Melen said we have a town ordinance when it comes to hazardous materials and the Select Board sets the fees and the Town receives a portion of the fees collected.
Mr. Cobb said he agrees with Mr. Fuller, he would like the Fire Commission to address this so we are consistent and fair. Mr. Arrison said he doesn't feel this can be addressed within the Fire Commission before our meeting on the 16th.

Back to item #2

2. Comments from Citizens: Mr. Lafko said he would like to address the Board, his neighbor (Ms. Lloyd Wright) and Chief Brown. Mr. Lafko referenced past letters sent to the Board dating back to 2005. He said he is working on alternatives (fencing etc) at this point and needs more time.
Mr. Arrison said Mr. Lafko's letter asked the Ordinance is suspended for a period of time and he feels this would be too discretionary. Mr. Melen said the Constable and Chief of Police can address the Ordinance and use their discretion. Mr. Arrison said again that we don't have the resources or time to chase every animal and feels this can only be resolved between the two parties involved.
Mr. Fuller said he feels obligation would fall on the owner of the animal to keep the animal on their property and this applies to all owners of animals. He said he doesn't know that the remedy matters but there is an obligation by the owner and feels the written documentations are an attempt to resolve the problem.
Mr. Cobb said last time we met we asked the party involved to put a have a heart trap out to see if the animal got in the trap and then we could see who the animal belonged to. He asked Mr. Lafko to give his comments on the Ordinance to Mr. Melen for the Board to look at. He also asked Mr. Lafko to do the mediation and take a look at non cabled wired fences.
Mr. Lafko asked when a letter is sent to the Town Office how is it received. Mr. Melen said the Secretary opens the mail and dates stamp it. Mr. Lafko asked if it becomes public knowledge at that time, Mr. Melen said yes.

8. Old Business
A. Policies/Ordinances/Procedure
-Policy on Roadway and Bridge Standards/Third Reading: Mr. Cobb made the motion to approve and accept the policy on Roadway and Bridge Standards, Mr. Fuller seconded the motion. Motion carried unanimously.
-Sign Identity Theft Prevention Policy: Board members signed the policy.
-Highway Access Ordinance/Second Reading: Mr. Melen said changes the Board asked to be made at the last meeting have been made. Mr. Cobb made the motion to move to the third reading, Mr. Fuller seconded the motion. Motion carried unanimously.
B. Town Manager Search, Other Preparations: Mr. Melen said there are copies of the last job description and he has received a call from the lady at VLCT as to when the Board would like to talk to her. Mr. Arrison said the Board has to dust off the job description. He said he would like her to come down and explain to the Board and the Committee what the options are. It will be on the agenda for the 16th - Mr. Melen will warn it for an organizational meeting.
C. Ascutney Fire District #2, Sign Warning for Organizational Meeting: Mr. Melen said Mr. Murray asked the meeting be delayed to August 17th (as he will be out of Town on the 10th). Mr. Melen also noted that Article 7 has been changed to state that the Town Manager will collect all taxes due to the District and to perform all the duties now conferred by law upon the collector of taxes. Mr. Fuller made the motion to approve the Warning for the Ascutney Fire District No. 2 Annual District Meeting to be held on August 17th at Martin Memorial Hall. Mr. Cobb seconded the motion which passed without dissent.

9. New Business
B. Electronic Tax Collection: Mr. Melen shared information on Electronic Tax Collection with the Board. He said a decision would have to be made before the bills were sent so this can be tabled until the 16th. Mr. Cobb said he doesn't see where this will save the Town money or time and feels most people will put a check in an envelope. Mr. Cobb made the motion to table this discussion until the 16th. Mr. Fuller seconded the motion which passed without dissent.

10. Monthly Reports (No reports received)
-Constable:
-Highway
- Land Use
-Southern Windsor/Windham Counties Solid Waste District

11. Appointments: None

12. Sign Treasurer's Warrants: Mr. Cobb made the motion to approve the Treasurer Warrants as follows:
General Fund Payroll $ 18,351.57
General Fund Operating Expense $325,551.74
Highway Fund Payroll $ 13,485.96
Highway Fund Operating Expense $ 38,184.11
Solid Waste Management Fund Payroll $ 3,406.25
Grants $ 368.95
Agency Monies $ 2,133.57
Library $ 889.80
Mr. Fuller seconded this motion. There was discussion on legal fees paid for the Kibbe property. Mr. Fuller asked if it was settled, Mr. Melen said it is going to the Supreme Court. Motion carried unanimously.

13. Next Meeting Agenda Items: Fire Department Memorandum, Ascutney Fire E-2, Policies/Ordinances/Procedures, set tax rates, joint meeting with Town Manager search committee.

14. Adjourn: Mr. Cobb made the motion to adjourn. Mr. Fuller seconded the motion which passed without dissent.

Respectfully Submitted,

Lisa A. Sargent

Approved by the Weathersfield Select Board on November 5, 2009

_____________________
Norman John Arrison

_____________________
Dave Fuller

_____________________
Henry "Chip" Cobb

Appendix

Website policy - Larry
Ancient roads (continue working on) - deForest
Posting sign policy - John
Use of Weathersfield Elementary School - Chip
Capital asset inventory - Chris Adams
Review and increase of land use fees - deForest
03/08/07 Procedure for handling of complaints and citizen inquiries - Pat
05/03/07 Emergency communication - Dan
05/03/07 Radio Station designation for emergencies - Mike Thomas
08/16/07 large gathering permit - John
11/01/07 Designation of emergency shelter and power supply - Dan
06/19/08 Tenney Hill Pond
07/10/08 Community Garden
04/04/09 Springfield Reservoir