Selectboard Meeting

August 2, 2004

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Attending the meeting; Lynn Gardner, Andrea Morgante, Jon Trefry, Randy Volk, Rob Bast, Jeanne Wilson, George Munson, Greg Brown, Garret Mott, Matt Tipton, Barb Forrest, David Lyman, John Lyman, Mike Anthony, Norman and Nellie Tourville, Maria McCormack

Meeting called to order at 7:00 p.m.

Greg Brown of the Chittenden County Regional Planning Commission – Greg and Garrett addressed the timeline for and process of preparing the 2006 CCRP. They will be using the 2001 plan for a base and will add, delete and revise goals as appropriate. They strongly urge input from all communities. Andrea asked about representation for environmental and agricultural areas. Garrett stated there are no commissioners representing those, he is very aware of the importance of agriculture and looks at how the plan affects agriculture carefully. Andrea also suggested recreation needs be addressed.

Overview of the Northwest Vermont Project - Greg and Matt discussed the focus on Rt 7 and Rt 116 of the transportation system. Hinesburg is on the Rt 116 committee. Planning Commission, Selectboard members, and the Town Manager are potential candidates to serve on the Corridor Advisory Committee. The Board stressed the importance of including Addison County as it relates directly to traffic on Rt 116.

Michael Anthony / RE: Fire Department – Mike was given permission from the Board to use the Town truck and trailer to transport a vehicle for the Fire Dept to a competition.

Hearing on Vicious Dog Complaint / “Hannibal” owned by Norman and Nellie Tourville

Lynn opened the public hearing.

A video testimony given by Mr. Larson, who was the person bitten, was viewed. In his testimony Mr. Larson stated he was running along the road when he heard splashing of water from a stream and turned to see the dog just as it came up from behind and bit him in the right thigh. The owner then caught the dog that bit him as well as a second dog that was there. The owner of the dog offered Mr. Larson a ride but he declined and walked back to his daughter’s house.

Maria McCormack, daughter of Mr. Larson, said her father was out running on the public road not threatening the dog or on the dog’s property when the dog suddenly came after him. He had a large bite consisting of 4 deep puncture wounds. Maria is concerned for the safety of the children in the area. Some children wait for the school bus in that area.

Lynn asked Maria if she is aware of any prior problem involving the dog and she stated to her knowledge the dog has not attacked prior but has been told the dog will follow people walking in the road.

Lynn asked Maria if the dog is often running loose. Maria stated she has not seen the

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dog outside the property in the past but it does run loose in the yard area. To her

knowledge the dog has not posed a problem to children in the past.

Norm Tourville, owner of the dog, stated when the weather is hot he takes the dogs for a swim. The dogs were playing when a runner suddenly came around the bend surprising the dogs and the one dog bit him. Norm has never had a problem with this dog and stated it is friendly with people and children. Since this incident Norm has fenced in the back yard with a 5ft high fence.

Jon asked what the reaction of the dog was after the bite. Norm stated he called him and the dog came over to him. Norm said he then reported the incident to the police. He stated the dogs are never out if he is not out with them.

Maria stated this was an unprovoked attack and dogs being excited from play should not result in an attack. She was concerned that if the fence is only at the back of the house the dogs still have access to the road. She has heard that the dogs are sometimes out with the owners but do not listen to the owners.

Norm replied the dogs will no longer be out of the fenced area with being on leash. The fence will, when completed, go around the house to keep the dogs only on their property.

Randy moved the Board vote to close the public hearing, second by Andrea and approved.

Lynn felt as there were no prior incidents involving this dog and the owners are installing fencing and taking responsible steps to insure this does not happen again he is inclined to allow them to keep the dog with the understanding the dog is to be fenced or leashed and never allowed to run loose.

Andrea agreed with Lynn’s assessment.

Jon stated it is the responsibility of the Board to insure the safety of the citizens in Town and in spite of the fact the owners commitment he feels it is better if the dog is removed.

Randy stated the owners are making a good faith effort to contain the dogs. He would strongly urge the owner to get rid of the dog. If the Selectboard allows the dog to remain and it is found out loose it will need to be removed.

Lynn moved the Tourvilles and dog Hannibal abide by Hinesburg’s Dog Ordinance and be under the control of the owners at all times. The Selectboard further finds this dog shall be either fenced or on a leash at all times. If the dog is found to be at large it will be immediately impounded and referred back to the Selcetboard for further action. Second by Randy.

Lynn and Randy in favor, Rob, Jon and Andrea opposed. Motion failed.

Andrea moved the dog be removed from the Town of Hinesburg within a week. If the dog remains in Hineburg the Selectboard will impound the dog and it will be euthanized. Second by Jon and approved with Randy and Lynn opposed.

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Other Business

Approve Warrants: Rob moved that the Board vote to approve the warrants (including payroll warrants) for bills payable as presented by the Town Treasurer. Second by Randy and approved.

Approve Minutes of July 12, 2004: Andrea moved that the Board vote to approve the minutes of July 12, 2004 as corrected. Second by Randy and approved.

Discussion of Nextel Communications Facility on Lagoon Road – Jeanne advised no lights are required on the tower. Steve and Rocky are fine with the proposed location. Rob stated if the tower is being painted they need to address a painting schedule for maintenance. Andrea asked to look into consolidating the buildings.

Discussion of Policy for Consideration of New Town Roads – Jeanne has not heard back from Town Agent yet. The Board feels the latest revision looks good and will wait to see what the Town Agent says about the policy.

Road Cut Permit / Iverson on Silver Street: This subdivision has received final plat approval. Randy moved that the Board vote to approve the Road Cut Permit Application of Virginia Iverson for a road cut on Silver Street (Grand List Lot # 11-01-39.01) as outlined in the permit dated 9/18/02, subject to the terms and conditions placed on the permit by the Highway Foreman and all state and local permits governing the development of this parcel. Second by Andrea and approved. The Board further discussed the need for a culvert at Silver St./Lewis Creek Rd. and the shallow ditches on the north side of the road. The Board will relay this information to the road foreman.

Road Cut Permit / Robert on Swamp Road: This project has received approval for development on a private right-of-way. Randy moved that the Board vote to approve the Road Cut Permit Application of Arthur and Hannah Robert for a road cut on Swamp Road (Grand List Lot # 01-01-04.00) as outlined in the permit dated 10/24/03, subject to the terms and conditions placed on the permit by the Highway Foreman and all state and local permits governing the development of this parcel. Second by Rob and approved.

Road Cut Permit / Hultgren on Hayden Hill Road East: This subdivision has received final plat approval. Randy moved that the Board vote to approve the Road Cut Permit Application of Tim Hutlgren for a road cut on Hayden Hill Road East (Grand List Lot # 06-01-65.1) as outlined in the permit dated 8/12/03, subject to the terms and conditions placed on the permit by the Highway Foreman and all state and local permits governing the development of this parcel. Second by Andrea. As application was found to be incomplete, Randy withdrew his motion and Andrea her second. No action was taken.

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Road Cut Permit / Norris on Baldwin Road: This subdivision has received final plat approval. Randy moved that the Board vote to approve the Road Cut Permit Application of Norma Norris for a road cut on Baldwin Road (Grand List Lot #11-01-46) as outlined in the permit dated 06/07/02, subject to the terms and conditions placed on the permit by the Highway Foreman and all state and local permits governing the development of this parcel. Second by Rob and approved.

Discussion of Revisions to Personnel Policy – will act on at next meeting.

Employment Agreement / Police Officer Candidate Michael Wharton: Mr. Wharton began the 16 week Vermont Basic Police Training class today. An employment agreement has been prepared and signed by Mr. Wharton. Randy moved that the Board vote to sign the employment agreement with Michael Wharton. Second by Rob and approved.

Employee Request for Use of Compensatory Time: According to the Town of Hinesburg Personnel Policy, the Selectboard must review and approve an employee’s request to utilize more than eight consecutive hours of compensatory time. Holly Russell has requested use of 60 hours of compensatory time. Jeanne Wilson has requested use of 24 hours of compensatory time. Adequate time exists for both of these requests. Jon moved that the Board vote to approve the requests by Holly Russell to use 60 hours of compensatory time and Jeanne Wilson to use 24 hours of compensatory time. Second by Rob and approved.

Discussion of Appointment of Zoning Administrator: Peter Erb’s term as Zoning Administrator expires on August 20, 2004. At the last Planning Commission meeting, the Commission voted to reappoint Peter as Zoning Administrator for a three year term, pending Selectboard approval. The Planning Commission also advised that it would like to be included in discussions regarding Planning/Zoning Office staffing that occur between the Selectboard and the DRB. Written comments on the appointment have been received from George Munson, George Bedard and David Lyman.

Rob suggested to reappoint on an interim basis and looked at the job description and the work being done. Also to get input from the DRB and PC, Town Planner and Peter. The Selectboard will ask Peter to attend their next meeting to discuss concerns with the current process of Zoning Administration.

Update on Hedden Appeal / Road Reclassification – no change.

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Additions to the Agenda

Memo From Chris Morrell / Police Cruisers: Chris has provided a list of pros and cons for keeping the 1998 Jeep Cherokee, which would mean a total of four police vehicles. The Selectboard agreed one of vehicles should be sold.

Memo From Chris Morrell / Block Grant: Public Safety Commissioner Kerry Sleeper issued a letter to the municipal police chiefs, suggesting that the Local Law Enforcement Block Grant Money, which is received by the State for distribution to the municipalities, be kept by the state to cover the costs of state-wide projects or programs. Chris is looking for some feedback from the Selectboard on this issue.

Andrea advised the Board that the crosswalk at the school does not connect at the proper point to the sidewalk. Jeanne will draft a letter from the Board to the State about the problem with the crosswalk at HCS.

Jeanne advised the Board that Hinesburg would need a “downtown designation” in regards to setting a lower speed limit in the village. Andrea asked Jeanne to look into what a “village designation” would mean.

Randy moved the Board vote to adjourn at 9:45 p.m., second by Rob and approved.

Respectfully submitted,

Valerie Spadaccini, secretary