WINDHAM SOLID WASTE MANAGEMENT DISTRICT   Policy and Personnel Committee meeting

Day/date/time: July 30, 2014 Wednesday 7:00 p.m.

BOS/committee members present: Jan Ameen, Lou Bruso, Michelle Cherrier, Cheryl Franklin, Stillman “Stretch” Vonderhorst, Lester Dunklee

Absent: Nancy Meinhard

WSWMD staff present: none

Teleconference WSWMD staff attendees: none

Visitors and/or Area haulers and spouses/partners present: Reed Cutting and Sandy Cutting

Committee Quorum: YES M. Cherrier and J. Ameen


Tonight’s agenda: Started at 7:07 p.m.

1] Review minutes and approve – August 1, 2013

   NO formal prior meeting minutes were taken for approval.

2] Variable Rate Pricing Ordinance (VRP)

   All meeting participants were provided with the twelve-page document Variable Rate Pricing (aka unit-based pricing) Guide and Sample Ordinance for Municipalities, provided by the VT Agency of Natural Resources-Josh Kelly. This is for Act 148, Vermont’s Universal Recycling law.

Also provided was a four-page Sample Ordinance draft “WSWMD Civil Ordinance Variable Rate Pricing by Volume and Weight for Municipal Solid Waste (MSW) Collection to include Mandatory Vermont state recycling”, edited for use by WSWMD. Municipalities must implement a variable rate pricing (VRP) system by no later than July 1, 2015. The draft title was modified to include the words “and Weight”, since haulers for commercial and industrial customers use roll off containers, which are weighed, whereas Volume only refers to residential customers who discard by bag.

   The meeting participants reviewed the WSWMD draft sample ordinance and discussed many points of the document and its intent. Many comments and questions were raised during this meeting including specific point about hauler rules and regulations, how the ANR keeps track of the large state haulers, and how the one-ton haulers and others will be regulated.

   Regarding licenses for small haulers and property caretakers: L.Bruso says anyone who is receiving compensation for these services needs to be licensed. Winhall already uses clear bags for waste, not so in Jamaica. L. Bruso would like to see a “Hauler and Caretaker” recycling plan from these entities, as Act 148 requires them to be supplied to WSWMD.

   Regarding VRP for MSW: the question – why are businesses and commercial entities not included in the draft VRP ordinance? Doesn’t the state require all of them? The draft Civil Ordinance has wording that references ‘collection from residential customers’ and ‘collect MSW from residential customers’, yet Act 148 applies to both residences AND commercial AND industrial customers. J.Ameen offered to contact ANR Josh Kelly to clarify this confusing wording. [Paragraph 2 of civil ordinance vs. Article II Definitions]

   Since WSWMD must create a license for each hauling entity, it was agreed that a useful tool would be to create an identifying DECAL, which can be displayed and viewed on the hauler’s vehicle. At this time haulers must show proof of licensing to the state, the waste district and any transfer stations that it uses. [Between Article IV: Flat Fee and Article V: Filing or Pricing System]. The meeting participants feel strongly that additional paperwork for licensing should be carefully considered, since the state’s requirements are more than a dozen pages.

Do we absolutely need to create a separate form for haulers to apply for a WSWMD license, or can we piggy-back on part of an existing form used by the state? For example: create ONE separate page from WSWMD (or other districts), which can serve the purpose of licensing. The state will still keep their copies, and the districts will not be burdened with extra paperwork. If the hauler passes the state requirements and can prove so to the district, that would be sufficient evidence to issue a yearly decal. C. Franklin provided a sample of the state’s forms, and also a reference to where these forms can be found online on the Internet. M. Cherrier will attempt to read the forms and see if any consolidation and efficiencies can be gained by revising the format.

   The meeting participants delved into the details of Article V: Filing or Pricing System. They questioned if WSWMD even needs to know the haulers fees, or if we only need to know their pricing system. C.Franklin will check her email exchanges with the ANR staff, to search for any mention about the fees. Also, we will insert the wording ‘with their ANNUAL license application’

   It is agreed that signage about the VRP for MSW will be needed at the WSWMD and all transfer stations in the district.

   Regarding Penalties and Civil Enforcement: The Windham County Sheriff Keith Clark has declined to offer civil enforcement for penalties. There is no other entity at this time that is assumed to enforce the penalties that are written into Act 148. [Article VII: Designation of Enforcement Personnel includes ‘any official with law enforcement authority under Vermont law’] The committee will continue to discuss who should issue citations and collect the penalties and fees, and raised questions about ‘will we have to go to court for violations or take away the hauler’s license?’

3] Executive session if necessary none

4] Other business as required

   Our third committee member Nancy Meinhard must be CALLED by telephone regarding upcoming meetings. This is the most reliable means of communication, in addition to USPS mail.

5] Adjournment   8:15 p.m.

Follow-up by staff and the planning & operations committee: see above minutes

NOTE: the next Policy & Personnel committee meeting is Wednesday 09/04/14 at 7:00 PM

The official Policy and Personnel committee members and meeting times:

There are three members (3): Jan Ameen, Nancy Meinhard, and Michelle Cherrier-chair

The meeting time is: as needed

Minutes provided by Michelle Cherrier 08/11/14. The NEW state requirements for meeting minutes have been noted. Future minutes will be provided in a timely fashion.

Windham Solid Waste Management District

Policy/Personnel Committee

 will hold a Special Meeting

Thursday, July 30, 2014

at 7:00 p.m.

at the

District Office

327 Old Ferry Road

Brattleboro, Vermont


Policy/Personnel Committee Meeting

327 Old Ferry Road, Brattleboro, Vermont

July 30, 2014 7:00 p.m.


  1. Agenda Additions/Changes
  2. Review Minutes and Approve - August 1, 2013
  3. Variable Rate Pricing Ordinance
  4. Executive session if necessary
  5. Other business as required
  6. Adjourn


Solid Waste Implementation Plan

The Windham Solid Waste Management District has adopted a new Solid Waste Implemenation Plan (SWIP), to comply with Vermont's Materials Management Plan (MMP).  The basis of the MMP is:

  • To prevent waste from being generated,
  • To promote sustainable materials management, with a preference for highest and best uses,
  • To minimize reliance on waste disposal (landfilling and incineration), and
  • To conserve resources, minimize energy consumption, and reduce greenhouse gas (GHG) emissions and other adverse environmental impacts.

To view a copy of the WSWMD SWIP, please click here


Notice of Public Hearing

The Windham Solid Waste Management District is holding a public hearing on Thursday, June 11, 2015 at the Windham Solid Waste Management District at 6:30 p.m. to solicit comments on the District’s draft Solid Waste Implementation Plan. The plan is intended to guide member towns in implementation of the Universal Recycling Law, Act 148, and can be viewed on the District website at The public is invited to attend, provide input and comments. Please call (802) 2570272 if you have any questions.


MINUTES OF JUNE 11, 2015    

BOARD MEMBERS PRESENT: Louis A. Bruso, Jr., Chair, Jamaica; Jan Ameen, Vice Chair, Westminster; Michelle Cherrier, Dummerston; Tony Gordon, Marlboro; Dale West, Townshend;  

WSWMD STAFF PRESENT: Bob Spencer, Executive Director and Kristen Benoit, District Clerk/ Program Coordinator.


Mr. Bruso, Chair, called the hearing to order at 6:30 p.m.

Mr. Spencer stated the Solid Waste Implementation Plan Public Hearing is being held to solicit comments on the District’s draft Solid Waste Implementation Plan, which is intended to guide member towns in implementation of the Universal Recycling Law, Act 148.

No members of the public were present and no comments were received.  

Adjournment: The meeting was adjourned at 6:45 p.m.

Kristen Benoit, District Clerk