Weathersfield Select Board

Special Meeting

September 23, 2010

Present: Henry "Chip" Cobb

Glenn Fisher

Dave Fuller

Norman John Arrison

Others Present: Graham Hunter

Edith Hunter

Lorraine Zigman

Patti Houghton

Laurie Cobb

Harry Temple

Dennis Richardson

Dottie Richardson

Annmarie Christensen

Barbara Lockwood

Julia Lloyd Wright

Aaron Fitzherbert

Fred Mellish

Gloria Ballantine

Frances K. Wright

Ernest Shand

Edith Stillson

Jeff Slade

John Wright

Willis Wood

Christina Wood

Loraine Shand

Patricia Daniels

Anthony Daniels

Wes Hazeltine

Michael Todd

deForest Bearse

Matt Keniston

Chief Brown

Robert

1. Call to Order: Mr. Fisher called the meeting of the Weathersfield Select Board to order at 7:03 p.m. at Weathersfield Center Meeting House.

2. Meet with Veterans' Memorial Committee regarding location of Veterans' Memorial: Mr. Fisher told the audience the reason for the meeting this evening is because legal action has been threatened if construction of the Monument moves forward at the southern tip of the Perkinsville Green as they believe the Town does not own that area nor is it clear that the Perkinsville Church owns that specific area. Because of this the Select Board voted at their meeting last week to cease construction of the Monument.

Mr. Cobb rescued himself because he is the Chair of the Veteran Memorial Committee and reminded the Board that since there are only three members present if they make a motion in order for it to pass it must be unanimous.

Mr. Arrison told of about five years ago when he was talking with Mr. Cobb about starting this project and noted that the members of the Committee have done a lot of hard work over the years to see that a Monument is constructed to honor the Weathersfield Veterans. He said two issues that came up last week have since been resolved and he believes the Weathersfield Veterans Committee went through the proper title search and easement process. Mr. Arrison said the Town mows the green, the church and other residents take care of the area and this is the way it has been for years. He noted there are some septic system issues under the green and the Veterans Memorial Committee took this into consideration when choosing the exact location. Lastly, he agreed there is a process to take to declare the area as a town park but it is a long process and it can not be done before the dedication date of November 11th.

Mr. Fuller questioned if it was true that if there was a vote tonight that the vote needed to be unanimous, Mr. Hunter said he believes it does when you are working with a five member board.

Mr. Fuller said he asked for a second opinion on the title search a couple of weeks ago and asked if that had been done. Mr. Mullen said a second title search has not been done but the first one was very thorough and it found no clear ownership of the south end of the park.

A member of the audience, Robert ____________ said he used to be president of the Perkinsville Cooperation and this was addressed six or seven years ago when Larry Melen was Town Manager and there was a letter received from the State that the King of England owned the Perkinsville green.

Mr. Fuller said no one is denying this is not a good thing but he hates to see a dedication and then have to have the Monument moved because the land does not belong to the Church or the Town. He said it has nothing to do with the work the Committee did but it has to do with putting it somewhere where it doesn't have to be moved. Mr. Fuller asked to review a copy of the Easement between the church and the town, Mrs. Bearse gave him a copy to look at. After reviewing the easement Mr. Fuller said it was very generic.

Ms. Christiansen asked what the objections are. Mr. Fisher said they are numerous and included zoning issues, permits and who owns the land.

Mr. Todd asked if there was a section of the green that the Church clearly owns that the Monument could be put on. Mrs. Bearse said the Church definitely owns the northwest section. Robert _____________ asked why not put it in the northwest section then. Mr. Fisher said he believes it is because of aesthetic reasons and also leach fields that may be in the northwest section.

Mr. Keniston asked if we have rendered a legal opinion. Mr. Fisher said we have consulted the Town Attorney. Mr. Keniston said that no one other than the Town, Church and Village of Perkinsville has done any maintenance as long as he can remember so can't the Board take the use and maintenance for the past several years into consideration.

Mr. Cobb said he wants to be sure everyone knows that there has been an exhaustive title search done, a legal opinion has been sought and this has been endorsed by VLCT.

Ms. Christensen said she feels the Village of Perkinsville has been held hostage by one person too long and it just is not right. Mr. Arrison asked for a show of hands for those that supported the location - the majority of the audience raised their hand.

Mrs. Richardson said she used to be a Clerk of the Village and she hates to go to litigation too and asked how much of the tip of the green was in question and could the Monument be moved just a little bit. Mr. Fisher said he doesn't believe moving it just a little bit would satisfy the persons concerns. Mr. Hunter noted there were some slope issues at the north end in addition to the leach field concerns.

Mr. Fuller said the courts deal with facts not emotions and when you produce a document you want to be sure facts are known not unknown. Mr. Hunter said what you do know is where the road goes, where the green is and that it has been used as a green it its entirety, in its current configuration for a number of years.

Ms. Lloyd Wright asked if the historic marker that was recently placed there is in the Town right of way or on the green. Mr. Mullen said he believes it is in the State's right of way. Mr. Fuller asked if this Monument would be in the State's right of way, Mrs. Bearse said this is not in the State's right of way.

Mr. Cobb asked the Select Board to study the document that has been given to them and reminded them that the Select Board has been involved in the Monument design as well as the location. He said there have been many briefings and this should be no surprise to anyone that the Monument is going on unknown dirt. Mr. Cobb said legal opinions have been sought and the Committee is motivated to recognize and honor the two hundred and forty or so individuals from Weathersfield. He noted there will also be an educational component to this to educate our kids about military services. Mr. Cobb said he is disgusted that this meeting is taking place tonight because of one complaint and the decision that was made last week. He said the Committee chose the location of the Perkinsville green after looking at several locations and one reason the green was chosen is to give something back to Perkinsville - a part of town that has lost so much through the years.

Mr. Arrison made the motion to reverse the motion that was made last week and proceed with placement of the Monument at its present location and proceed as soon as possible. Mr. Fisher seconded the motion which passed unanimously.

3. Possible Executive Session: Not needed

4. Adjourn: Mr. Arrison made the motion to adjourn. Mr. Fisher seconded the motion which passed without dissent. The special meeting of the Weathersfield Select Board was adjourned at 7:38 p.m.

Respectfully Submitted,

Lisa Sargent