HINESBURG SELECTBOARD MEETING

MAY 23, 2005 page 1 of 3

Attending the meeting; Rob Bast, Andrea Morgante, Jon Trefry, Randy Volk, Howard Russell, Jeanne Wilson, Rocky Martin, Steve Button, Bob Woods, Mike Anthony, Al Barber, Rob Farley, Barbara Forrest, David Lyman, Bud Allen (Town Agent), Brett Grabowski, Carl Lisman, Lori Hennessey, Stewart Pierson.

Meeting called to order at 7:05 p.m.

Rob Farley spoke with the Board regarding the source protection plan in relation to Saputo Cheese. Rob advised he was speaking as a citizen and member of the Conservation Commission not representing water supply division. He wanted to know from the Board what role, if any, they may want him to take for the Town and the Conservation Commission. Rob said the Town well could also be brought into question as the Saputo well and Town well are tied together if there is question on the delineation of source protection area. There is a contamination in the Saputo well that could perhaps depending on the source of contamination spread to the Town water supply.

The Board asked if having the Water Supply Division ask a hydrologist to look at the question would result in any of the issues changing the delineation. Rob Farley stated at this time the issue is to identify the source of the contaminant.

Rob Bast asked Rob Farley to put together something that would speak to a collaborative effort between Saputo and the Town to get a handle on the source of contamination and not further comment to the issue of source protection with Water Supply.

Rob Farley will give a draft to Jeanne and the Board can then take the next step.

Brett Grabowski provided Board members with an outline of issues to cover at the meeting.

He reported that site work has begun and he has had considerable interest expressed in the project.

In regards to the escrow agreement, he received notice that the Board chose the format used by the town of Williston. He and his lawyer modified that some and put together a proposed agreement. He was informed the Board would probably not be comfortable with his proposed agreement and has agreed to use the Williston model. Brett has now submitted the requested cost breakdown. The Town Agent and staff are to draft an escrow agreement based on the Williston model and send to Brett.

Irrevocable Offer of Dedication. Brett presented 4 deeds – just utilities in the right of way, utilities outside the right of way, recreation path, and entire 60’ right of way.

Brett wants to convey all 4 deeds by irrevocable offer to the Town and give the Selectboard the option to accept what they want when they want to.

The Town Agent stated that would be acceptable with more clarity on identification of items.

Jon stated concern of the Town taking over the catch basins and lines and roads. Where then does the responsibility for the retention pond lie?

MAY 23, 2005 page 2 of 3

Brett advised until time of the Town’s acceptance the association would maintain responsibility of the “dry detention basin” and that is written in the association’s bylaws.

Andrea questioned the footing drains. Brett replied there are no footing drains needed with slabs.

Bud Allen said a decision needs to be made on accepting the roads on the merits of doing so for the Town not for access to lots 1 and 31.

Access for lots 1 and 31 can be a 5^th deed. There will be a recording of the offer in the Town’s land records.

Rocky questioned in regards to storm water who is responsible for operating fees, 3yr engineering fees and 10 yr recertification. Brett replied the association will be responsible and they are named in the permit. The Town could request there be an option to be deeded to the Town.

Andrea asked what else the Homeowners Association is responsible for. Brett replied for insurance, yard maintenance, and maintenance on the common lots.

Brett will be constructing the recreation path along the brook.

Rocky questioned the right of way across John and Amy Lyman’s property. Brett said he has obtained that.

Al said he discussed with Brett the fire ratings on the buildings and they are acceptable to national standards.

David Lyman stated he needs to have the offer of lots 1 and 31 accepted in 05 and feels the Town should pay for the appraisal fee of $2,000.

Bud asked the Selectboard to direct him to speak to Joe Fallon (Lyman attorney) to resolve costs and timing of the deeds being delivered to the Town. The Board agreed.

Jon said he is in favor of taking over the lots.

Andrea said they are not usable in the current condition for intended use but is in favor.

Brett referenced Dorset Park in So. Burlington which was purchased by the Town as a comparison to receiving the lots from David.

Randy said he is in favor of the Town taking over both lots and the Town should pay the appraisal fee.

Howard stated it would be untimely to take over until we see how the Town intends to use them and then do so in a timely manner. He feels there needs to be discussion on how that will happen.

Rob said they are good and usable properties and believes the Board can have all necessary discussion to have this happen.

Howard stated if and when the Town takes over the lots one easement needed is access to them.

Access is included in the utilities right of way deed.

Jon advised lot 1 is not included and needs to be added.

Randy stated he thinks the Town should also take the roads over and thinks it is time to move forward on it.

Bud suggested the Board consult with him in executive session before making a decision.

Rocky advised if they are going to get an engineer to represent the Town to inspect road construction they need to decide now as construction is currently at that point.

MAY 23, 2005 page 3 of 3

Lori, speaking as a recreation Board member asked if lot 31 remains undeveloped who will bear the cost of improvements to the field.

Randy said the Board could work with Brett on improving the field in exchange for the Town taking over the roads.

Brett stated he is not objecting to working with the Town on improving the field and will at least grade and seed it.

Carl Lisman, Brett’s lawyer, suggested the Selectboard draft a proposal for Brett on the Town taking over property and field improvements required.

Howard questioned street signs and soils used.

Andrea stated Act 250 conditions address replacement of trees if necessary. She suggested Brett work with the tree warden on specs to get the best possible situation for survival of the trees. Brett asked for a proposal on what additional steps can be taken to assure that.

The Board signed a letter to the CEDS steering committee and GBIC.

Andrea moved the Board go into executive session for legal discussion regarding the escrow agreement and irrevocable offer of dedication, second by Howard and approved.

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

Respectfully submitted,

Valerie Spadaccini, secretary