Selectboard Meeting

August 6, 2007

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Attending the meeting; Rob Bast, Jon Trefry, Randy Volk, Howard Russell, Jeanne Wilson, Steve Button, Lenore Budd, Gary and Fiona Fenwick, Lisa Foley, Bill Snyder, Colin Snyder.

 

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

Interview for Trails Committee / Lenore Budd – Lenore has served on the Rec Path Commission for 13 yrs in So. Burlington and professionally is associated with the Catamount Trail Association.

Howard moved the Board vote to appoint Lenore Budd to serve as a member of Trails Committee for a term to expire 2/1/09.  Second by Jon and approved.

 

Water & Wastewater Superintendent Steve Button / Personnel Issue – Jon moved the Selectboard go into executive session with Steve Button and Jeanne Wilson for personnel discussion.  Second by Randy and approved.

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

Jon moved the Board vote to change the job descriptions of the Water and Wastewater superintendent and Water and Wastewater operator to reflect when weekend daily’s are done the work is paid at a rate of time and a half.  Second by Howard and approved.

 

Water & Wastewater Superintendent Steve Button / Water & Wastewater Connection Permit for Thistle Hill Development:  Jon moved that the Board vote to sign the Water/Wastewater System Extension Permit for the Thistle Hill Development on Mechanicsville Road as prepared by the Water & Wastewater Department. Second by Randy and approved.

 

Gary Fenwick / Request to Consider Noise Ordinance – The Fenwick’s, Lisa Foley and Bill Snyder are requesting the Town adopt a Noise Ordinance due to a moto cross gathering near their residences.

Randy asked the location of the event and was told it is adjoining and below the Fenwick’s property. Rob asked when this occurs and Gary said they run whenever they want and also have public gatherings for practice sessions for races they attend on weekends.

Gary said the ZA said he will charge with a zoning violation and the Deputy Police Chief said he would charge with disorderly conduct but nothing has been done.

Lisa said she has checked out two other areas in Town where a similar event takes place, one site is 1 evening a week and the other on an occasional weekend and both are for their own use.

Randy asked if this is an organized event 2 days a week how many are attending.  Gary said about 6 12 yr olds are riding and there are adults around the course coaching them.

Randy wondered if this would be considered a commercial enterprise.  Howard said if a community of friends are invited over most likely would not be considered commercial.  Howard said is seems clear this is a huge impingement on neighbors enjoying their property and one has to consider the impact of your activities on neighbors.

Jon feels the Town should have a noise ordinance to use a tool for situations when needed.

Jeanne said the process to adopt the ordinance is to first agree on language, warn it on the Selectboard agenda that the Board will be adopting the ordinance.  Then place a notice of adoption in the newspaper and wait 60 days for any petition of opposition.  Hinesburg could use Williston’s and Vergennes ordinances as a model.

Rob said in the short term they will ask the Zoning Adm and Deputy Police Chief to consider using what tools they have available to them to stop this.

 

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Discussion of Ditching on Hayden Hill Road WestJeanne will draft a letter for the Board to sign.  The Board wants to provide a time frame, mark the area to show the location of the ditch and check with Mike to be sure work is properly finished.

 

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 Howard and approved.

 

Minutes of July 16,  2007:  Howard moved that the Board vote to approve the minutes of July 16, 2007 as corrected, second by Randy and approved.

 

Trial Balances for Water & Wastewater and General Fund Accounts for Period Ending 7/31/07:   Randy moved that the Board vote to acknowledge receipt of the trial balances for the Water & Wastewater and General Fund accounts for the period ending 7/31/07. Second by Jon and approved.

 

Continued Discussion on Proposed Changes to Planning and Zoning Fee Structure:  Board members discussed Alex’s response in regards to commercial fees being higher as there is more work involved with commercial applications than residential. Jon moved that the Board vote to adopt the Planning and Zoning Fee Structure, as outlined in the “Town of Hinesburg Planning & Zoning Fee Schedule” dated 8/6/07 to be effective September 1, 2007.  Second by Howard and approved.

 

Intent to Submit Grant Application for 2008 Transportation Enhancement Grant and 2007 Safe Routes to School Infrastructure Grant / Streetscape Improvements on Route 116 from Charlotte Road to HCS:  Howard moved that the Board vote to acknowledge the Town’s intent to submit grant applications for the 2008 Transportation Enhancement Grant and 2007 Safe Routes to School Infrastructure Grant to fund streetscape improvements on the west side of Route 116 from Charlotte Road to the Hinesburg Community School. Second by Jon and approved.

 

Review of RFP / Strategic Planning for Community Police Department:  A request for proposals (RFP) has been drafted to seek a consultant to assist with developing a strategic plan for the Community Police Department.  The RFP has been forwarded to the Selectboard and police department for review and comments. Howard said he would like to see an exploration of various ways to provide service as well as prioritization of services – what are things the department is required to do and what tasks they choose to do.

 

Request to Allow Tour Buses on Lewis Creek Road / August 23 and October 4, 2007 / Hidden Gardens:  Hidden Gardens, located on Lewis Creek Road and owned by Marcia Pierce, will be hosting two bus tours this year, one on August 23 and one on October 4.  Marcia Pierce is requesting permission to allow the tour buses to travel on Lewis Creek Road for these two events. The Board had safety concerns and in the future would like to look into other possible methods of transport.  For now it was suggested to use Hines Rd to Gilman Rd and Lewis Creek Rd.  Randy moved the Board vote to authorize Jeanne to sign a letter with prescribed route for request by Marcia Pierce of Hidden Gardens to allow tour buses to access Lewis Creek Road from Silver Street for the purpose of a garden tour on Thursday, August 23 and Thursday October 4, 2007.  Second by Howard and approved.  

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Request for Wastewater Capacity Allocation / Green Street LLC:  This project has received final plat approval and is within the Wastewater Service Area as outlined in the Wastewater Capacity Allocation Ordinance, adopted 4/19/04.  The required application fee has been submitted.  There is sufficient wastewater capacity in the enterprise sector to allow for this allocation.  Jon moved that the Board vote to approve the Wastewater Capacity Allocation request of Green Street LLC in the amount of 360 gpd for a commercial office building with an occupancy of 24 people located at the intersection of Charlotte Road and Green Street, subject to the terms and conditions outlined in the Wastewater Capacity Allocation Ordinance, adopted 4/19/07, and all other state and local permits governing the development of this parcel.  Second by Howard and approved with Rob abstaining.

 

Designation of Voting Delegate for VLCT Town Fair:  VLCT will hold the annual Town Fair on Thursday, October 11, 2007 at the Champlain Valley Fairgrounds.  To assure that all VLCT member towns are properly represented and able to participate in the development of the 2008 Municipal Legislative Policy and the election of officers, we are asked to designate one voting delegate for the event.  Randy moved that the Board vote to designate Rob Bast as the voting delegate at the 2007 VLCT Annual Business Meeting. Second by Jon and approved.

 

Correspondence from Lance Smith / Wastewater Capacity Allocation – reviewed by the Selectboard and signed.

 

Wastewater Treatment Facility Upgrade & Expansion Project / Committee Report: Howard said in looking at other avenues for funding the committee has been told EDA funding is not likely due to being in Chittenden County and also would need to re-zone to show commercial need.  The committee agreed to move ahead with the Bond vote in November.

The Board reviewed the article drafted and approved it for submission to the Record.

 

Road Cut Permit Application / National Bank of Middlebury on Commerce Street:  This project has received site plan approval from the DRB.  Jon moved that the Board vote to approve the Road Cut Permit Application for the National Bank of Middlebury on Commerce Street (Grand List Lot #20-50-78.00 ) as outlined in the permit dated 6/12/07, subject to the terms and conditions placed on this permit by the Highway Foreman and all state and local permits governing the development of this parcel. Second by Randy and approved.

 

Road Cut Permit Application / David & Tanya Bouchard on Birchwood Drive:  The Bouchard’s are building a new garage, and wish to move their driveway approximately 20 feet to the west.  The existing driveway will be closed with a stone wall.  Howard moved that the Board vote to approve the Road Cut Permit Application for David & Tanya Bouchard at 319 Birchwood Drive (Grand List Lot #17-21-21.00 ) as outlined in the permit dated 7/23/07, subject to the terms and conditions placed on this permit by the Highway Foreman and all state and local permits governing the development of this parcel. Second by Jon and approved.

 

Buried Utility Permit / ESNID LLC on Hines Road:  Normally the Board does not approve power easements to private individuals – they will need more information on this request.

 

 

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Buried Utility Permit / National Bank of Middlebury on Commerce Street:  This project has received site plan approval from the DRB.  Jon moved that the Board vote to approve the Buried Utility Permit application of the National Bank of Middlebury to install buried wastewater lines and storm water drainage in the Commerce Street right-of-way as outlined in the permit dated 8/3/07, subject to the terms and conditions placed on this permit by the Highway Foreman and all state and local permits governing the development of this parcel. Second by Howard and approved.

 

Discussion of Legal Documents for Thistle Hill Development:  The developers for the Thistle Hill Development off Mechanicsville Road have provided draft copies of an Escrow Agreement, Irrevocable Offers of Dedication and associated warranty deeds and easement deeds.  The documents have been reviewed by staff, a preliminary review by the Town Attorney and have been forwarded to the Selectboard.  The Board agreed to have the Town Attorney further review the documents in light of concerns raised by Town Administrator and Rocky Martin.

 

 

 

Additions to the Agenda

 

School Travel Plan:  Pam Mathews, the Safe Routes To School Coordinator, is drafting a School Travel Plan as part of the Safe Routes to School program.  A copy of the School Travel Plan is required as part of the grant applications being drafted for the streetscape improvements between Charlotte Road and the Hinesburg Community School on the west side of Route 116.  Since the grant submission deadline is before the next Selectboard meeting (August 15) can the Board authorize the chair to sign the plan when completed?  Howard moved the Board vote to authorize the Chair to sign the Safe Routes to School - School Travel Plan when finalized for inclusion in the streetscape grant applications.  Second by Jon and approved.

 

Upcoming Meetings

 

August 20 / Larry Smith of VLCT to give presentation on Health Savings Accounts

September meeting schedule will be the 10th and 17th.

 

Jon moved the Board go into executive session for personnel and legal issues, second by Howard and approved.

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

 

Respectfully submitted,

 

Valerie Spadaccini, secretary