Selectboard Meeting

April 4, 2005 page 1 of 6

Attending the meeting; Rob Bast, Andrea Morgante, Jon Trefry, Randy Volk, Howard Russell, Jeanne Wilson, Rocky Martin, Jerry Marmelstein, Stewart Pierson, Jean Isham, Carl Bohlen, Chuck Reiss, see attached list of attendees to the Public Hearing.

Rob called the meeting to order at 7:15 p.m.

Rob opened the Public Hearing on the proposed amendments to the Hinesburg Town Plan

George Bedard spoke as a citizen and not a P.C. member in regards to key efforts to grow the village area and shrink density in the agricultural and rural districts. He stated the 5 year cycle of the Town Plan leads to problems. As it is now 13 more homes can be added to the sewer system thus limiting growth in the village as the Plan suggests. He spoke of his proposal given the Board at the last meeting. He has been advised that under Stature his proposal is not possible and the Selectboard has the authority to approve the plan.

He submitted a request to have two lines stricken from the Town Plan section 3.4.3 (a) and 3.4 .4 (a).

Carleen Tufo asked if a freezable study to find the maximum size the sewage plant can be expanded to have been done so the maximum for potential development would be known.

Rocky advised he has talked with the State in regards to increasing flows from 250,000 to 300,000.

Carl Bohlen asked if the sewage capacity could be increased without work to the system.

Rocky responded the plant would need an upgrade.

Paul Wieczoreck questioned the number 13 for additional homes. Rob replied that is correct. Rob added there is reserved capacity for public and commercial allocation still available.

Tim Casey asked what the theoretical limit of wastewater in a stream is – the water flow in the LaPlatte will determine the Town’s capacity.

Jeff Hinsdale believes the plan to be ultra restrictive and supports George’s proposal.

Dennis Casey asked about the cost that all taxpayers would bear for sewage, roads, and storm drains for such development.

Susan Mead had two questions 1- how many units allocated sewage have not yet been built? And 2- have any building proposals who wanted sewer not been granted allocation?

Ruth Ayer asked by law how long does the Town have before a new Town Plan needs to be adopted?

Jean Isham replied this is the first time a thorough review and update of the Town Plan is being done in the mandatory 3 year time – the Town does not have to wait a 5 year cycle to make changes. If it is not approved as is there are 3 years left on the current plan.

Kay Ballard asked if residents do not want a new Town Plan at this time what steps would one take to have that happen?

Rob noted the Town needs a Town Plan to which Kay responded the Town could use the plan that is in place for now and that would allow time for further study of sewage and other issues.

Rob pointed out the Plan is a set of goals. Specifics would come from Zoning.

Mary Jane Ballard asked about writing objections to the new Plan.

Nancy Anisfield spoke in regards to her property rights – she does not want someone to tell her what to do with her land and does not care about the village and does not want to pay for it.

Colin McNaull is interested in keeping Hinesburg rural and believes the Town should put the cost of the village on those who live in the village. Colin asked if sewage costs are town wide and Rob responded that the system is user funded.

Rob pointed out the municipal benefits of village development.

Nancy Baker is in favor of the new Town Plan and pointed out there are costs to rural development also.

APRIL 4, 2005 page 2 of 6

Jon Trefry wanted to clarify that George’s comment is not correct and that voters can petition for an Australian ballot. If voted by Australian ballot it will then always be voted by Australian ballot.

Rob reminded people that changes can be made through zoning.

Mike Landries pointed out there are obvious emotions for and against the Plan and as the Selectboard is seeking specific objections such discussion would not achieve this. Perhaps one more meeting should be held to allow people time to review the plan and present their specific request changes.

Roger Kohn thinks people are receiving misinformation. The Town Plan is a general document, ordinances that implement the Town Plan drive change. As to the term “consider change in density” he does not see a problem with saying something will be considered.

Daryl Hayden asked about 25 acre zoning on North Rd and Hayden Hill.

Rob said the Town Plan does not put any acreage limitations on property, zoning regulations would do that.

Alison Dennison had concerns with an upgrade to the sewage treatment plant. How large would it be upgraded to and what would the cost be. She does not want to issues with smells as existed in the past. She questioned if the appropriate expansion can be done with user fees.

Gay Reagan spoke of repetition of development in Town vs agriculture areas due to a housing panic. Taxes for roads and schools will increase if major density building programs are in the village or rural areas. She supports slow growth.

Paul Lamberson thanked Rob and the Selectboard for the explanation of the Town Plan and how zoning reflects the purpose of the plan. He asked how this would be implemented if not done by Australian ballot. Rob replied the Selectboard would vote to adopt the plan.

Nancy Anisfield asked if zoning regulations were objected to by petition would that also be voted by Australian ballot? Rob replied it would.

Andrea advised that writing the zoning regulations is a public process and people can give input at that time.

Art Thompson said he did not believe the conservation district is not included, why? Rob stated it referred to the proposal by the Conservation Commission to the Planning Commission.

Jean Isham advised for the conservation district to check the Natural Resources area of the Plan.

John Dunshee said this is a village plan not a Town Plan.

Chris Neilson stated he believes one fear of landowners is that an effort to keep the rural character in Town will limit what they can do with their land.

Bill Marks stated most comments tonight are not addressing the Town Plan but the Conservation Commissions proposal to the P.C. He advised the C.C. wants to start working with residents and large landowners concerned with being impacted by the proposal.

Brad Boss asked if in the new Town Plan there are provisions for creating additional industrial opportunities.

Jean Isham replied the Plan does include language to review all zoning districts.

Karla Munson stated “options” is the key word. Does the Town Plan allow for options in zoning?

Rob stated people can take advantage of different development options on land and at the same time meet the goals of the Town Plan.

Craig Chevrier of Gillman Rd said he attended the mud season forums and P.C. meetings and gave input. There is much in the Town Plan he disagrees with and feels issues can only be dealt with through zoning or regulatory means. He is in favor of passing the Town Plan now perhaps with minor revisions and believes the entire Town benefits from a good village district.

L. Dennison suggested people outline their suggestions after completely and carefully reading the Plan to see that there is nothing that says you must do something.

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The Board was asked about the petition process. Rob replied that for this Town Plan a petition to ask for a vote to vote on having an Australian Ballot would be submitted. Discussion on the C.C. proposal would come up in the Zoning revision process.

Ruth Ayer in response to Roger Kohn’s statement asked if anyone in the room tonight was at the P.C. meeting when the C.C. proposed the change it raised a red flag for them.

Ruth then asked how many Selectboard members have vested interest in village property as she feels that could be a conflict of interest.

Roger Kohn responded the Town Plan is not affected by the C.C. proposal and the Town Plan will not affect anyone’s property, zoning will. The Natural Resources statement in the flyer will lower density in rural districts

Susan Mead, chair of the C.C., said she understands the fear of misinformation. The C.C. is not a regulatory body but a group of concerned citizens with no voting authority. The request to research resources was in fact a proposal to study them not take action.

Joe Iadanza on behalf of the P.C. wanted to follow up on Rogers’s comment of why we have a T.P. The T.P. gets Hinesburg into Regional Planning; it is an enabler for the P.C. to make zoning changes.

Tim Casey stated overall rural large landowners are taking the shot and asked if the Town has a conflict of interest policy as brought up by Ruth.

George Bedard stated his request is a minor one to change a simple line in Section 3.4.3 (a) and 3.4.4 (a). He believes there is no misinformation on the proposal made to the P.C. and that clearly demonstrates where minor changes can lead.

Carleen Tufo said in keeping a rural Vt village we need more design reviews as she does not feel a good job has been to date in reviewing development.

Gay Reagan agreed with Carleen and pointed out the flexibility needed to make NRG work.

Fred Haulenbeek expressed concern with interests of large landowners in regards to area based zoning; should be a tool for landowners to use for flexibility. He also stated the need to watch for overlay districts. He does not believe the C.C. proposal will be approved to be included by the P.C.

Ruth Ayer again asked about the possible conflict of interest.

Rob advised he does not believe the Selectboard will vote on the Plan tonight but will extend discussion for a time period till the next hearing.

Rob responded regarding Ruth’s question on conflict of interest that he does own land in the village district. Neither the current Town Plan nor a future Town Plan will change his ability on what can be done with his land.

Howard addressed the conflict issue by stating his family owns land in the village and there is no benefit to his family from the proposed Town Plan.

George Dameron, village resident, wants the Selectboard to move ahead and approve the plan at this time; changes can be made at the zoning phase. He suggested people should generate a list of zoning options with advantages and disadvantages which would make it helpful for those at the zoning meetings to make decisions.

Daryl Hayden believes development in the village is cheaper than development outside and asked how many roads have been added resulting from development outside the village.

Jon responded no new Town roads have been added.

Tom Ayer stated the Town Plan is a big deal. He compared the zoning regulations to a car and the Town Plan as the steering wheel that controls the direction of zoning.

Jean Isham stated that in regards to maintaining roads a few class 4 roads have been upgraded and are now maintained by the Town – there is not a dramatic increase in mileage.

Kay Ballard thanked the Selectboard for listening and wanted the Board to remember that landowners want to keep their options open.

Rob closed the Public Hearing.

APRIL 4, 2005 page 4 of 6

Jerry Marmelstein, President, Riser Management Services, Inc. / Negotiations for Nextel Communication Facility. Jerry advised he has more experience working with property owners than municipalities on this. He reviewed the agreement and finds it to be one sided and does not believe it to be a fair deal for the town. This will be a larger tower than required for one server.

The question to the Board is if it is worth the risk to the Town to loose the deal to get more money.

Jon reminded everyone there is additional value to the Town of Police and Fire service.

Jerry pointed out Nextel refers to towers in the plural and will need to change to one tower only. He suggests $1500 basic fee and $500 for each additional carrier.

The Town could give a deal to Nextel till they get a co-locator on the tower.

Asked about Nextel selling the tower Jerry replied that is not unusual as Sprint sold all their towers.

When asked about his fee and Riser’s services Jerry advised the administrative fee pays for the attorneys and consultants and the Town can collect the fees from Nextel.

The Town can stop at any point in the process. The charge will be at an hourly rate.

The Board was in agreement to ask for $1500 basic fee with $500 for additional carriers / single tower / and restoration of site.

Randy moved the Selectboard authorize Rocky to enter into an agreement with Riser Management Services, Inc. for the purposed of negotiations of tower options and license agreement up to $1500. Second by Howard and approved.

Rocky Martin / Adoption of Multi-jurisdictional All-Hazard Mitigation Plan –Rocky’s concerns were addressed in the revisions. The plan assigns specific persons to specific tasks – need to be sure those persons agree to their tasks.

Jon referred to #4 in the appendix – paving Texas Hill and Lincoln Hill. He does not feel paving or not paving has to do with the roads washing out and should state the problems of erosion without addressing paving as a solution.

Andrea spoke in regards to storm water issues – should take a proactive stance and anticipate what may be a bad area and plan to keep that from happening.

Other Business

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

Approve Minutes of March 7, 2005: Jon moved that the Board vote to approve the minutes of March 7, 2005. Second by Howard and approved.

Approve Minutes of March 21, 2005: Andrea move that the Board vote to approve the minutes of March 21, 2005 as corrected. Second by Howard and approved.

Trial Balance for Water & Wastewater and General Fund Accounts for Period Ending 2/28/05: Andrea moved that the Board vote to acknowledge receipt of the trial balance for the Water & Wastewater and General Fund accounts for the period ending 2/28/05. Second by Randy and approved.

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Proposed Escrow Agreement / Grabowski Development: As a requirement of Brett Grabowski’s subdivision approval, he is required to guarantee the construction and completion of the infrastructure for the Creekside Development with some form of surety agreement. Brett has provided an example of an escrow agreement for the Board’s review.

Jeanne reported she asked for a breakdown of the numbers Brett submitted. The Board agreed they all were in favor of following the agreement model the Town of Williston uses.

The Board informed Rocky according to ACT 250 there may be limits on development of the rec fields. Rocky will review the information.

Hydrant Use Protocol: At the March 21 meeting, the Board voted to adopt the Protocol for Non-Emergency Use of the Hydrant System, pending revisions discussed at the meeting. Following the meeting, there was one additional revision suggested. Jon moved the Board vote to amend its adoption on March 21, 2005 of the Protocol for Non-Emergency Use of the Hydrant System as follows: Item #2, second sentence shall state that “Water Department approval will may include the requirement of advanced posting and publication of intended hydrant usage by the user”.

Second by Randy and approved.

Discussion of Response to Petition / RE: Zoning Administrator – How should the Selectboard respond to any citizen comment regarding Town employees?

Andrea stated we do want to acknowledge receipt of the petition requesting removal of Peter and to say accusations will be investigated to see if they are true. Taking no action makes it seem as if the Board is allowing employees to work in an uncomfortable position. The Board should make a public statement they accepted the petition and will look into it.

Randy feels it is appropriate to put in a personnel file. The Board can include a statement of their view of the petition and its merit or lack of.

The Board reviewed letter of response to petitioners.

Rob, Jon and Howard attended the meeting that resulted in writing the petition and all disagree with the statement made in the petition.

Jon suggested the Board talk with Peter not stating they agree with the statement made in the petition but to let him know of the action the Board has taken.

Chuck Reiss said he attended the meeting also and feels the petition is incorrect and the person writing the petition need to be addressed for spreading misinformation.

Carl Bohlen feels it important to send the message to Peter of how the Board feels about this but not in open agenda and should state on record the Selectboard disagrees with the petition.

It was noted that situations such as this should have weight when making reappointments.

Jon does not feel it is appropriate to respond as a Board as all Board members were not present. Howard feels it is the responsibility of the Board to consider it be looked at from all aspects; check the minutes of the meeting, getting testimony of others, consider letter from the Conservation Commission, and then come to a conclusion as the Selectboard.

Andrea moved the Board accept verbal reports of Selectboard members at the meeting, reviewed approved minutes of the P.C. 3/16 meeting and letter written by Susan Mead for the Conservation Commission and do not find reason to support claims of the petition. Second by Howard and approved.

Carl stated all signers of the petition should have been at the meeting to make the petition valid.

Town Plan – 5/16 will be the next Public Hearing.

The Board discussed George’s proposal and agreed to the following wording changes:

Section 3.4.3 (a) – second sentence: “Implement zoning using a form of area-based density for this district, which may consider changing overall density”.

Section 3.4.4 (a) – second sentence: “Implement zoning using a form of area-based density for these districts, which may consider changing overall density”.

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The Board made final review of the structural reorganization and all were in agreement.

The Board received a memo regarding performance based salary structure vs. bonus system for their review.

Geprag barn issue – The Board is supporting efforts of the Police Dept and the Conservation Commission in resolving this.

Randy moved the Board go into executive session for personnel discussion to review the exit interview of Jesse Orvis, second by Andrea and approved.

Randy moved the Board come out of executive session and adjourn, second by Andrea and approved.

Respectfully submitted,

Valerie Spadaccini, secretary