Weathersfield Select Board

Special Meeting Minutes

January 20, 2010

Present:                       Norman John Arrison

Daniel Boyer

Dave Fuller

Glenn Fisher

Mr. Cobb via teleconference

Others Present:            Larry Melen, Town Manager

Michael Todd

Ed May

Graham Hunter

Edith Hunter

Peter Korbet

Jeff Spurr

Linda Spurr

Alan Hudson

Bruce Murray

Peter Dufrey

Roy Mark

Rene Bergeron

Dorothy Grover

Keith Graham

Debbie Graham

Darre Moore

Willis Wood

Elizabeth Deliso

Jeff Eaton

Julia Lloyd Wright

Emory Morse

and others

1.  Call to Order:  Mr. Arrison called the special meeting of the Weathersfield Select Board to order at 7:00 p.m. on Wednesday January 20, 2010.

2.  Public Hearing, Petition to repeal Zoning Bylaws:  Mr. Arrison read the report the Planning Commission provided to the Select Board regarding repealing the Zoning Bylaws.

Mr. May asked what started this.  Mr. Todd said one hundred seventy plus people signed a petition requesting the removal of Zoning.  Mr. May said in one respect it would be tragic to get rid of it but on the other hand people that live here should be able to do what they want with their property.  Mr. Todd said there is lack of compassion and common sense.

Mr. Hudson said he is a builder in Town and Zoning should be a guideline not a bible.  He gave several examples of some things that happened in the past that did not make any sense at all.

Mrs. Hunter said the petition is a public document so she asked for copies of it and was furious with some of the names that were on it.  She said more than one person has told her that they were misled in what they signed (at the landfill).  She said she doesn't feel the bylaws should be repealed.

Mr. Todd said this now goes to the voters for them to decide and that is what has been requested by so many people.

Elizabeth Deliso said there have been lots of empty seats on the Boards (Zoning and Planning), and questioned why people don't just participate in changing the bylaws that are put in place instead of just doing away with them.

Mr. Bergeron said he spent four years on the Planning Commission and two years of that time he worked on the Town Plan.  He said one gentleman showed up to help with this (other than the Board).  He said he feels there are options within the current system to fix the system and he doesn't feel it should be thrown all away.

Mr. Spurr said it sounds like this is a short term thought but people gave this a lot of thought and feel this is the only way to fix the Zoning - it is too restrictive.

Mr. Dufrey asked the Board if the State of Vermont had their own guidelines and rules and if they do why we can't abide by State regulations.  Mr. Melen said the State say's the Town can appoint a Zoning Commission and a Planning Commission.  It states the Town can adopt Bylaws.  It does have ACT250 but it is not a planning tool, it establishes a set of State rules that meets certain criteria.

Ms. Levy said she was on the Planning Commission and took part in writing the Town Plan and she would rather see the community change what we have.

Mr. Hunter said he is the Chair of the Zoning Board and there is a process that develops the documents that they work with.  He said the Select Board reviews the Bylaws and then they put them out to vote by the Town.  He said he agrees there are improvements that could be made in the Zoning Bylaws, if there are errors then issues can be addressed.  He said the people of the Town benefit from Zoning Bylaws and said if Zoning is repealed some people will be hurting if they need flood insurance.  He noted without Zoning it will be neighbor against neighbor because there won't be a Board to regulate what is done within Town.

Mrs. Grover asked about neighboring Towns that don't have Zoning, do they have a lot of problems? Also said the fees keep people from doing what they want.

Mr. Mark asked if Zoning isn't repealed how it will be fixed.  Mr. Arrison said it will have to start with the rewrite of the Town Plan.  Mr. Melen said the Town Plan drives your Bylaws.

Mrs. Spurr said after dealing with the Town during their recent situation she would rather deal with the State.

Mr. Todd said he has done research on the flood plan regulations and there is a stand alone ordinance and it can be adopted as interim and can be adopted by the Select Board and it would be effective immediately.

Mr. May asked if the problem is the people that administer it don't know what they are doing.

Mr. Hudson said he feels you have to have some kind of Zoning but you also have to have common sense.  Mr. Mark asked how it was going to change if it wasn't repealed.  Mr. Hudson said the last time he was in for a permit the process worked - maybe because of the petition that has been submitted but it was better than previous times.

Mrs. Knight said she is usually in favor of local control but she has had two separate land issues in the last two years and feels the only reason she was able to do what she wanted is because she personally did the research within the Vermont Statutes and found what she wanted to do was legal, she did not get any help from the Town.

Mr. Fuller said the land where the Spur's want to put their storage facility is not zoned Industrial so there is a process to go through to change it to Industrial.

Mr. Murray said the committee that started the petition meet once a week and do research.  He thinks it's unfortunate some people in this office are looking for ways for this to be defeated; he feels it should be presented at the Town meeting and the pros and cons should be discussed.

Mrs. Graham said the point of the petition was to put it on the ballot and let everyone in the Town vote on it not to have a meeting and let everyone give their opinion as to if there should be Zoning or not.

Mr. Fisher said he thought the purpose of this meeting was to warn people this was going to be on the ballot - not to decide if this was going on the ballot.  Mr. Arrison said there are two petitions - one for Zoning and one for Subdivision.  If no one in the room has any objections he will consider all the testimony given so far to be for both Public Hearings.

Mr. Cobb said he thinks he heard Mr. Murray say there is an effort is ongoing to have a pre-town meeting.  Mr. Arrison said that is being discussed but is not final.  Mr. Cobb said there is a group of people that feel the entire document is not worthy and he is concerned there are going to be people voting based on emotion not on fact.  Mr. Cobb said he has positive thoughts about Zoning at this time.  Mr. Arrison said there has been a discussion about assembling a panel to represent both sides and holding an informational meeting.  Mr. Wood said he thinks it may be difficult to find someone that both sides can trust when something is said during a pre-meeting.

Mr. Boyer made the motion to put the petitions to repeal zoning bylaws and the petition to repeal subdivision regulations on the ballot as presented, Mr. Cobb seconded the motion.  Motion passed unanimously.

There was discussion on the wording of the petitions and on the dates that were on the petitions as the effective dates.

4.  Budget Workshops

A.  General Fund:  Mr. Melen said corrections were made from the last meeting with the end result being the budget is up about one half cent.  Mr. Fisher said the custodial for Martin Hall needs to come out still.  Mr. Cobb asked what the percentage of growth is - Mr. Melen said an increase of 1.6%.  Mr. Cobb asked how much money is that, Mr. Fuller said about $16,000.

Mr. Fuller said he would like the budget committee to look at this and form their own opinion separately.  Mr. Melen said they have to warn their meetings, they decided they would meet next Tuesday at 6:00 p.m. at Martin Memorial Hall.

Mr. Fuller asked the implication of the proposed tax rate if all the articles passed; Mr. Melen said an extra seven and one half cents.

The consensus was to decrease the amount for the Planning Commission to $1,000 (for public participation).

Mr. Fisher asked about decreasing the money going to the fire departments.

After discussion, the consensus of the Board was to increase the revenue for Current Use by $10,000.

Mr. Melen said we may want to change interest on delinquent taxes too.  Should be able to raise that to $55,000 - we are at $31,000 six months into the year.

Mr. Todd questioned about doing a co-pay for benefits.  Mr. Melen said we have to remember we are still well below the average for wages.  Mr. Arrison said for this budget it probably isn't touchable but we may be able to discuss it during the next year.  Mr. Fisher said the opt out policy is too generous, Mr. Melen said he agrees.

B.  Highway Fund: Mr. Melen said no changes were made in the highway budget.  Mr. Arrison said he was surprised on the mileage on the one ton truck that is on the Article; Mr. Melen said he asked Mr. Hazeltine to come to the meeting tomorrow night to discuss it.

C.  Long Term Debt Schedule: Mr. Melen said paving Tenney Hill Road and Weathersfield Center Road is included (for five years).  Mr. Arrison asked Mr. Melen to have Mr. Hazeltine review the paving numbers.

Executive Session: Mr. Fuller made the motion to go into Executive Session. [sapa tape ended at this time]

Respectfully Submitted,

Lisa Sargent

[typed from SAPA tape]

Approved by the Weathersfield Select Board on February 18, 2010

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Daniel Boyer

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Glenn Fisher

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Norman John Arrison

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Henry "Chip" Cobb

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Dave Fuller