MINUTES OF THE SHAFTSBURY
SOLID WASTE TASK COMMITTEE
July 20, 2004, COLE HALL, SHAFTSBURY, VERMONT
Members present: Bill Pennebaker (Chair), Mark Young, Forrest Snyder,
Trevor Mance, Jim Serrao, Barry Mayer, Jim Mead.
Call to Order: 7:08 pm - Bill Pennebaker
The July 6, 2004 draft minutes were reviewed. Mark Young moved that they be
accepted with the minor correction that he did not attend the meeting. Trevor
Mance seconded the motion. All agreed. The motion passed.
Bill Pennebaker reviewed the latest changes in State law, the most relevant
being 24 VSA §4413, which replaces 24 VSA §4409. These statutes limit town
regulation of certain types of facilities, including state certified solid waste
facilities. In the restrictions on regulation the wording “unless reasonable
provision” in §4409 has been replaced by a new phrase in §4413, “… only to the
extent that regulations do not have the effect of interfering with the intended
functional use.”
Discussion of the new law followed. Bill asked the committee who they thought
defines “intended functional use”: the State, local government? No one knew and
the definition of the phrase is not clear. In this regard, Bill is waiting for a
return phone call from Dominic Cloud of The Vermont League of Cities and Towns.
Jim Serrao pointed out that the new law clearly refers to “Municipal Bylaws”
only and speculated that perhaps the intent was to remove local control. Bill
and Jim Serrao both asked Mark Young and the rest of the committee if anyone
knew if all local bylaws would have to be revised. Bill pointed out that the new
statute does not take until September 1, 2005. He suggested that we proceed as
if the new statute was already in effect, as it appears to be more restrictive
than the existing law. Bill asked that all committee members email him
additional questions for legal opinion, which he will seek before next meeting.
Both Forrest Snyder and Jim Serrao prepared position papers for the committee.
Forrest’s covered “pay as you throw;” Jim’s addressed “pay as you throw”
programs, amending Host Town Agreements, and Landfills versus Transfer stations.
The discussion of these two papers centered around the pay as you throw of MSW
disposal. Forrest’s paper advocated such a system, Jim’s paper argued against
it. Trevor Mance expressed his opinion that while the goals of a pay as you
throw system are good, they are unimplementable in a town the size of Shaftsbury
and with private haulers. The committee essentially agreed, although several
questions were brought up and Forrest said he’d try to follow them up. On the
issue of Host Town Agreements (HTA’s), Jim pressed the point that he doesn’t
believe that the Town Plan needs any additional language providing for HTA’s. He
feels that there is language in the existing Town Plan to enter into contracts
with businesses. Forrest
Snyder disagreed with this point. Bill Pennebaker lead the committee, using
Jim’s position paper, into a more general discussion of HTA’s and potential
language in a Town Plan that might provide for an HTA for solid waste
businesses.
Bill Pennebaker prepared a number of potential points to be included in
a Town Plan providing for a solid waste HTA. Bill advocated for some new
language to be amended to the Town Plan. A long discussion of the points and
review of specific language followed. Trevor Mance asked what the “zone of
impact” should be. Should it be physical? Visual? Contiguous? Bill thought that
all determinations and/or decisions, including zones of impact, should be
determined by a disinterested third party. Trevor and Jim expressed strong
concern that additional local requirements would not encourage local business
development. Jim again stated that he felt that no language for an HTA was
needed in the Town Plan. At the most, he felt that a simple line “the Select
Board reserves the right to require a contract” would be adequate. Mark Young
asked the committee who should do a cost/benefit analysis. Barry Mayer asked the
committee why the Solid Waste Committee is even considering
HTA language as it is a much larger issue, applying to all potential businesses
in town. Trevor asked what Bill’s ultimate goal for an HTA was. Bill’s goal of
an HTA is to help encourage “to maintain the rural character of the Town of
Shaftsbury” as stated in the Town Plan. With that in mind, the committee went
over Bill’s proposed points word by word. After some rewording, consensus was
reached on most items, but the final language is pending Bill’s rewrite. Bill
urged the rest of the Committee to consider additional provisions for a HTA.
Under Old Business, Bill hasn’t called the Bennington Banner about an opinion
piece and has not pursued setting a date for an informational town meeting.
Trevor Mance motioned that the meeting be adjourned. Barry Mayer seconded. All
were in favor. Motion passed. Meeting adjourned at 10:03 pm.