Selectboard Meeting

August 21, 2006

Page 1 of 7

 

Attending the meeting:  Rob Bast, Andrea Morgante, Jon Trefry, Randy Volk, Howard Russell, Jeanne Wilson, Rocky Martin, Al Barber, Norma Place, Carol Place, Alyssa Lasher, Dawn Perreault, Greg Tomczyk, Jonathan Kleinman, Derek Perreault, Nijaz Sedic, Dubravka Abramovic, Rodman Cory, Jennifer Hunter, Julie Patterson, Russell Patterson, David Nagel, Helen Nagel, Ashley Matthews.

 

Meeting called to order at 7:00 pm

 

Discussion of Issues Regarding Creekside Development:  Several residents of the Creekside development were in attendance to discuss concerns about the development and surrounding parcels.  Jonathan Kleinman began the discussion by asking the Selectboard what the Board’s vision was during the permitting process for the development.  Rob noted that the Creekside development was one of the events that made the Board aware of a need to think of the big picture in regards to planning for the village.

 

Andrea explained that the Board responsible for making local permit decisions for the development is the Development Review Board, not the Selectboard.  Questions about vision during the permitting process should be directed to the DRB.  In regards to this development, the Selectboard dealt with specific items that are within the Board’s domain, such as water & wastewater and issues around taking over the development roads.  Stormwater is a permit issued by the State, not a local permit.

 

Jon Trefry noted that the DRB is guided in their decision making process by the subdivision and zoning regulations which are developed by the Planning Commission.

 

Jonathan Kleinman asked whether questions regarding the developer’s compliance with permit requirements should be directed to the DRB.  Andrea stated that the Town is holding money in escrow to ensure that permit requirements are met within the green belt.  Questions about permit compliance on individual properties should be directed to the Zoning Administrator.

 

Jonathan Kleinman asked for clarification about the status of Lot 31 and the link between the development of a recreational field on Lot 31 and taking over the development roads.  Howard confirmed that accepting land for the Town is within the purview of the Selectboard.  The existence of a municipal facility on Lot 31 (recreational field) would fulfill the requirements of the policy for the consideration of accepting new town roads.  Because the town does not have impact fees,  the town needs to negotiate with individual developers in order to garner a benefit to the community to offset the impact on the town.  The negotiations between the Selectboard and the Creekside developer were an example of this attempt to get something to benefit the town in exchange for taking over the roads.

 

Director of Buildings & Facilities Rocky Martin gave a brief overview of the issues with Lot 31, including the change in the Army Corp of Engineers interpretation of the wetland rules.  Rocky noted that the town has had a wetland delineation completed on Lot 31 and the next step is to meet with the Army Corp to see if it will be possible to get a permit.

 

Howard noted that the issues around the field permit have put everyone in a difficult situation. 

Page 2 of 7

 

Everyone, including the developer, proceeded with the best of intentions.  The developer had presented a budget for the field construction.  Howard wondered whether the town should ask the developer to put the funds for the field construction in a reserve fund for the town to utilize.  After discussion, it was agreed that after checking with the Town Attorney, the Board would write a letter to developer Brett Grabowski proposing that he still make the funds available for the town.  Andrea made a motion to authorize the chair to sign a letter to Brett Grabowski to request funds per the Board’s discussion.  Seconded by Jon and approved.

 

Andrea noted that maintenance of the stormwater system may be difficult, and recommended that the homeowner association contact the stormwater office at the Agency of Natural Resources for guidance.

 

Rocky noted that the construction of the stormwater system has been overseen both by the developer’s engineer as well as an engineer representing the town, and that upon completion the developer’s engineer will have to certify that the infrastructure is built as specified.  Jonathan Kleinman stated that the homeowner’s association does not want to inherit a dysfunctional stormwater system.

 

The discussion moved on to the municipally owned lot behind the fire and police stations.  Jonathan Kleinman stated that it was their understanding that the Selectboard had approved relocating the skate park to this lot.  Rocky advised that the staff had been working on some conceptual plans for the lot, which included a small soccer field, play ground, volleyball court and parking, as well as the skate park.  There is $9,000 in the recreation budget, which he is proposing be used in part to develop a site plan.  He has been working with the Recreation Commission, and the site plan would need to be approved by the DRB.

 

Jon Trefry noted that the Selectboard will begin budget discussions this fall for the FY 07 – 08 budget and hopes to put some money in the budget for this project.

 

Dawn Perreault asked whether it would make more sense to get input from the public on what they would like to see on the lot before developing a site plan.  Rocky advised that the Recreation Commission has done surveys and is using the information from the surveys in determining what the residents feel is needed.  Andrea advised that the public would have the opportunity to give input on the site plan during the DRB process.  Dawn asked whether the whole town would have the opportunity to vote on the project approval.  Andrea advised that the project approval is up to the DRB.  The public can vote on the project only in respect to approving the budget.  The residents were encouraged to provide input to the Recreation Commission as they develop the site plan.

 

Alyssa Lasher asked how it is known that the skate park is popular with kids.  Rocky and Rob both advised that they have seen it well used, despite the poor location behind the community school.

 

Andrea asked the residents if there is common land within the development.  The residents advised that there is.  Andrea encouraged the residents to share with the Recreation Commission what the planned uses are for the common land.

 

Rodman Corey expressed his concern regarding the fact that the town does not have a building inspector.  He said it would have been helpful to have someone to appeal to when they felt the

Page 3 of 7

 

building construction was not being completed as specified.  Rob advised that building inspectors are very uncommon in Vermont municipalities.  He believes Burlington and Montpelier are the only communities to have building inspectors.  It is normal to have contracts drawn up that include an inspection clause to protect the homeowner.   

 

 

Accessibility of Boutin Road / Scott Shumway:  Scott Shumway presented a letter with 44 signatures to the Board, which stated “Hinesburg has many great dirt roads that allow for excellent alternative uses such as walking, biking and horseback riding.  An important connection in this network is Boutin Road.  Currently, the Class 4 section of this road is impassable to any kind of traffic and is completely overgrown.  If this road were open to non-vehicular traffic, it would provide an alternative route to various trail systems that would allow for bypassing dangerous sections of Shelburne Falls Road.  This would improve the options for access and improve the trail network in Hinesburg.  We the undersigned request that the Selectboard and Trails Committee of Hinesburg consider clearing the south end of Boutin Road to allow access to non-vehicular users such as bikes, pedestrians and horse traffic.”

 

Scott advised that he had attended a meeting of the Trails Committee and presented a letter of support from the committee.  Howard, who is a member of the Trails Committee, noted that the committee is working on connectivity and this area was determined to be a priority for increasing connectivity.

 

Scott advised that volunteers would do the clearing, but there would be some costs to the Town associated with surveying or marking the ROW and hauling away the brush.  At this time all adjoining property owners have not been contacted, but should be.

 

Rob noted that this potential connection was the reason the town retained this road section as a Class 4 roadway.

 

Howard made a motion that the Board vote to set a time at an upcoming Selectboard meeting to receive public comment and to notify adjoining landowners that the Board had received a request to open the Class 4 section of Boutin Road for non-vehicular use.  Second by Jon and approved.

 

Town Hall Flooring Project / Rocky Martin, Director of Buildings & Facilities:  Rocky brought samples of 2 ¼” wide ash as an example of what the Town Hall flooring would look like should the Board decide to proceed with harvesting ash from the Town Forest for this project.

 

Randy expressed concern that ash was not a traditional flooring for an historic building.  He felt it was a contemporary wood.  Rocky advised that there is red maple in the Town Forest, but not enough of it for this project, and red maple is not a hard maple.

 

Jon stated that he felt using the wood from the Town Forest was making good use of a town resource.  Howard said he felt the Board should proceed with using the ash.  He said that it was part of the town story, similar to the stone wall project using stones from all over Hinesburg.  Rob said he liked the ash well enough to make it work.

 

Howard made a motion that the Board vote to move forward with the Town Hall flooring project, using ash from the Town Forest.  Seconded by Andrea and approved.

 

Page 4 of 7

 

Rob noted that there was discussion about exploring pattern options in the flooring installation to make it look less contemporary.

 

Discussion of Old Route 116 Culvert Issue:  Carol Place thanked the town for securing grant funds and moving ahead on this project.  Andrea noted that after meeting on site with Highway Foreman Mike Anthony, Lisa Godfrey, David and Helen Nagel, she sent an email to the other Board members to update them on the progress.  She asked that this item be put on the agenda and would like to suggest that the town hire an engineer to write up specs so that this project can go out to bid.  Andrea noted that the Nagel’s have agreed to having fill brought in to the area between Old Route 116 and Route 116 in order to reduce the need for a retaining wall and reduce the project cost.

 

Norma Place provided the Board with photos of erosion damage to their property.  She advised that she had contacted Allen Pidgeon of Engineers Construction.  He had come to look at the site and said that if the Selectboard lets him know how much the town has to spend on the project that he will do the job within that amount.  Rob advised that it was important to demonstrate a competitive bidding process when using public funds for large projects such as this.

 

Carol Place noted that the town was advised of this problem in January.  She expressed frustration in the length of time it was taking to get the work done.  She noted that the town had a contractor come up with a scope of work in order to apply for the grant, and wondered why that proposal had been dropped.  Jeanne Wilson advised that other options are investigated to see if we can come up with a better plan.

 

Jon stated that he felt this project is moving along quite quickly compared to other projects.  We received notification of the grant award in mid-July.  It cannot be said that the Board is unconcerned.  The town has taken stop gap action to prevent further damage in the form of a stand pipe while the best way to proceed is being determined.

 

Norma Place noted that normal snow melt will cause more damage.  The town has never acknowledged their property damage.  Jon stated that he felt the town should repair the damage, but it would be foolish to do so before the problem is corrected.  Rob said he was not willing to make a commitment to the town’s responsibility to repair the damage until he has more background information on the history of this drainage problem.

 

Russell Patterson asked for a possible time line for the construction.  Rob said that if project specs can be drawn up and the town goes out to bid, it is possible that construction could begin in late September.

 

Norma Place asked what the project budget was.  Andrea stated that we had $150,000 in grant funds plus the town’s 10% match.

 

Andrea made a motion that the Board vote to move forward with hiring an engineer to develop project specification and a bid package in order to go out to construction bid.  Seconded by Howard and approved.

 

David Nagel asked that the town let him know the extent of the easement required and he would

Page 5 of 7

 

contact his attorney.

 

Carol Place asked about the damage in front of the house.  Andrea noted that during the site visit Mike Anthony had indicated that it would be repaired soon.  Norma Place asked that the channel behind the house be redirected straight to the culvert to prevent further damage.  Mike Anthony had indicated that he would put fill in this area

 

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.  Seconded by Jon and approved.

 

Approve Minutes of August 7, 2006:  Howard moved that the Board vote to approve the minutes of August 7, 2006.  Second by Jon and approved.

 

WWTF Upgrade & Expansion Project / Selection of Preferred Alternative:  Andrea expressed her disappointment that more alternatives were not investigated for this project.  Jon noted that is really comes down to money and selecting the most practical alternative.  Howard asked whether the town could revert to alternative #1 (aerated lagoons with filtration) if alternative #2 (anaerobic cell) was found to be unsuccessful in New England.  Randy advised that it would be possible to do so, but the town would bear the cost of trying this alternative.  The cost estimate was approximately $150,000 and the state had indicated that grant funds were not available for this demonstration project.  Jon stated that trying Alternative #2 at this time was not the responsible thing to do.  If anaerobic cells are proven successful in this area in the future, the town can consider adding one at that time.

 

Randy noted that our current lagoon system is a tremendous asset and is located in a good place with limited space constraints.

 

Andrea asked that there be a long term look at adding energy efficiencies and that there be collaboration with Saputo in finding alternatives to get rid of waste.

 

Howard asked why other communities use UV disinfection if it is so much more expensive than chlorine.  Rocky explained that because of our lagoon system and the dilution from the Saputo discharge, the bacteria lode is very low.  Therefore a lot of chlorine is not necessary.  The UV would need to be on 24/7 regardless of the low bacteria count.  In our case, it is much more cost effective to use chlorine.  Rob noted that from an energy standpoint the chlorination / de-chlorination option is a better choice.

 

Andrea asked whether improved aeration would be needed if the capacity of the facility was not increased.  Rocky advised that improved aeration would still be needed without a capacity increase.

 

Howard noted that if a capacity expansion is completed, there may be a tendency to allow more flexibility to attract more users in order to pay for the expansion.  The town will need to continue to be thoughtful about the type of development allowed.  The town needs to think ahead about future development and the criteria for allowing that development.  The excess capacity will become an asset which the town owns.

 

Page 6 of 7

 

Rob noted that the Board should consider whether changes should be made to the current ordinances and policies.  The discussion during the next phase of preliminary engineering will be important.

 

Based on the recommendation of the WWTF Upgrade & Expansion project committee, Randy moved that the Board vote to recommend proceeding with preliminary engineering for Alternative #1, as outlined in the report by Forcier & Aldrich Associates, Inc. dated August 14, 2006 (aerated lagoons with filtration) and with liquid chlorination / dechlorination as the recommended disinfection alternative.  Seconded by Jon and approved.

           

Designation of Reserve Funds from FY 05 – 06:  Andrea moved that the Board vote to approve the following reserve funds from FY 05 – 06:

           

                        Sidewalks                                         $  2,715.38

                        Recreation Path                            $58,270.37

                        Police Vehicle                                  $15,000.00

                        Police Station Upgrade                    $11,226.36

                        Records Restoration                $18,285.44

                        Records – Print, Bind & Microfilm            $  4,948.25

                        Town Clerk Shelving                    $14,000.00

                        PC – Professional Services            $  1,202.90

                        Recreation – Capital Expense            $  5,552.54

                        Town Hall Site Improvements            $  3,116.08

                        Silver Street Engineering             $  2,487.67

                        Highway – New Garage                      $39,010.82

                        Highway – Ditching & Shoulders            $33,250.00

                        Fire Department – Landscaping            $14,700.00

                        Tree Planting                                  $  4,141.00

                        July 4th Fund                                       $  2,698.52

                        Total Reserves                           $230,605.30

 

Seconded by Howard and approved.                  

 

Request to Extend Wastewater Service Area / Gary Fournier on Pond Road:  The Board reviewed a request made by Gary Fournier to extend the wastewater service area to the remainder of his parcel on Pond Road.  The request brought to light an error made in drafting and adopting the wastewater service area in 2004.  A portion of the 13.6 acre Fournier parcel (previously owned by Leonard Devoid) was erroneously included in the wastewater service area.  The Board discussed amending the Wastewater Capacity Allocation Ordinance to correct the error in the wastewater service area.  Jeanne will provide the Board with information about the ordinance adoption process and will review whether there are other items in the ordinance which should also be updated.  The Board will make a decision whether to change the ordinance at an upcoming meeting after reviewing this information. 

 

Board of Listers / Correction to Lodged Grand List:  The Board received a request from the Board of Listers to approve corrections to the lodged Grand List due to errors on the part of the Listers.  Howard moved that the Board vote to approve a correction to the Lodged Grand List as

Page 7 of 7

 

outlined in the letter from the Hinesburg Board of Listers dated 08/18/06.  Seconded by Andrea and approved.

 

Additions To The Agenda

 

Response to Saputo Foods / Request for Increase in Wastewater Capacity:  The Board signed a letter to Saputo Foods in response to their request for an increase in wastewater discharge capacity (attached).

 

Rapid Response Plan:  The Board was provided with copies of the Town of Hinesburg Rapid Response Plan.  This plan was drafted with the assistance of the CCRPC through a Homeland Security Grant for each community in Chittenden County, and adoption of the plan is required in order to receive hazard mitigation funds.  Jon made a motion that the Board vote to adopt the Town of Hinesburg Rapid Response Plan as presented by Emergency Manager Al Barber.  Seconded by Howard and approved.

 

Reminder of NRCS Site Visit / Baldwin Road Drainage Issue:  Board members were reminded of a site visit with Dan Peet of NRCS scheduled for Friday, August 25 at 9:00 am. 

 

Response to Sara Quinn / RE: Drainage Issue:  The Board requested that Jeanne draft and circulate for review a response letter to Sara Quinn regarding a drainage issue on her Mechanicsville Road property.  The Board will sign the letter at the September 18 meeting.

 

Andrea made a motion that the Board go into executive session with Jeanne to discuss personnel issues.  Seconded by Howard and approved.

 

Randy made a motion that the Board come out of executive session.  Seconded by Jon and approved.

 

Randy made a motion that the Board vote to adjourn.  Seconded by Jon and approved.

 

Respectfully submitted,

 

Jeanne Kundell Wilson

Hinesburg Town Administrator