Selectboard Meeting
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Attending the meeting; Rob Bast, Andrea Morgante, Randy
Volk, Howard Russell, Jon Trefry, Jeanne Wilson.
Meeting called to order at
Personnel
Discussion / Review of Wharton Exit Interview:
Randy moved that the Board vote to go into executive session
with Town Administrator Jeanne Wilson to discuss a personnel item, second by
Jon and approved.
Randy moved that the Board vote to come out of executive
session, second by Andrea and approved.
Joining the open public meeting; Jason Boivin, Peter Erb,
Cheryl Hubbard, Jen McCuin, Holly Russell, Frank Koss, Missy Ross, Mike Anthony,
Chris Morrell, Steve Miller, Lisa Lindner, Jane Lazorchak, Kristi Brown, Tim
Brown, Brent Francis, Dick Francis, Brock Francis, Rick Kelley, David Bouchard,
Tonia Bouchard, Ben Benoit, Robert Atherton, Scott Johanson,
Tony St. Hilaire, Matt Francis, Judy Laberge, Matt Laberge, Todd
Morris, Nathan Miner.
Lisa
Lindner of VLCT / Presentation on Health Savings Accounts – Lisa
handed out packets containing information on HSA’s and reviewed management of
the account.
Highway
Foreman Michael Anthony
·
2007
Paving Bids: Mike
has solicited bids for paving 1.2 miles of
Frank Whitcomb Cont. = $55.50/ton for everything
UPC
= $57.00/ton for roads and $70.00/ton for parking lots
Pike
= $53.89/ton for roads and $77.58/ton for parking lots
Based
on this information, Mike recommends the bid be awarded to Frank Whitcomb
Construction at $55.50/ton.
Andrea moved that the Board vote to award the 2007 paving
bid to Whitcomb’s for a price of $55.50/ton. Second by
Howard and approved
·
Request
for Equipment Purchase: Mike
is proposing to purchase a cement mixer ($1,000) to assist the crew with
constructing culvert headers from the culvert budget, and a conveyor ($1,300)
to assist the crew with the addition of salt to the winter sand from the winter
sand budget. Howard moved that the Board vote to
authorize the Highway Department to expend up to $1,000 from the culvert budget
(440-5110-17.00) for the purchase of a cement mixer, and to expend up to $1,300
from the winter sand budget (440-5140-21.20) for the purchase of a conveyor.
Second by Jon and approved.
Mike asked where the funds for the paving of the Police
Department parking lot will be coming from.
The Board asked Jeanne to look at the budgets for buildings and
facilities and the police dept so they can decide where the funds will come
from.
AUGUST 20, 2007 page
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Andrea moved the Board go into executive session with Chris
Morrell for personnel discussion, second by Jon and approved.
Andrea moved the Board come out of executive session, second
by Jon and approved.
Jane
Lazorchak, Vermont Department of Fish & Wildlife / LaPlatte Headwaters
Initiative: Jane explained to the Board Vt Dept of Fish & Wildlife’s role in the project. Jon
moved that the Board vote to acknowledge support for the Vermont Department of
Fish & Wildlife’s (DFW”s) involvement in the LaPlatte Headwaters
Conservation Initiative, and support for the DFW co-holding the conservation
easement on parcel 2A with the Vermont Land Trust in order to protect the
Clayplain Forest, Indiana bat habitat, public pedestrian access, and river and
wetland protection. Second by Randy and approved.
Andrea
Morgante / Update on LaPlatte Headwaters Initiative
–Andrea is requesting the Town Attorney be involved in the easement review.
Randy moved the Board vote to authorize the Town Attorney to
review the easement for the LaPlatte Headwaters initiative, second by Howard and
approved.
Randy moved the Board approve requesting that the Vt Land Trust do a title search not only on their behalf,
but for the Town as well. Second by
Howard and approved.
Request for Injunction / LaBerge
Zoning Violation for Noise Request to form a Noise
Ordinance Committee – This item was removed from the agenda, but not
knowing that many residents came to the meeting. Rob advised those present that the Board has
been asked to look into this and was willing to hear comments from those
attending and urged written comments also.
Scott
Johanson spoke in opposition to a restrictive ordinance in Town and wanted to
know why the Town is planning on writing the ordinance. He believes this will be difficult for the
Police Department to enforce and noted that 2 years ago the Planning Commission
rejected a noise ordinance being included in the Town Plan.
Jon
responded that some residents in the neighborhood felt their quality of life
was significantly being affected by noise and petitioned the Board to draft a
noise ordinance to have as a means of enforcement for the Town.
Tony
St.Hilaire said any complaints in the past have not been addressed such as
Iroquois Manufacturing and Clifford Lumber.
Jon said
they are located in industrial zones.
Tony said
this issue is between two neighbors who should deal with it without involving
the Town and town funds.
Rob pointed
out that noise ordinances exist in other places and what has happened in the
past is not necessarily applicable to now.
If neighbors could work it out that would be good but at some point it
becomes the responsibility of the Town to say what is acceptable and what is
not.
Scott said
he was informed that an ordinance would be written using an existing ordinance
of a town similar to Hinesburg.
A resident
stated the activities at the La Berge residence is not a racetrack, there are
no competitions or race clinics just 18 acres of land where 3 children ride
dirt bikes and the neighbors should compromise.
Randy said
they should disconnect from what is happening at the La Berge’s as the Board
has not made any judgment on that. In considering the ordinance the whole
community is looked at.
Tim Brown
asked if someone starts up a lawn tractor on Sunday morning and wakes him up
will police answer that complaint the same as they responded to the complaint
of the motorcycles at the LaBerge’s?
Howard said
they cannot ask the police to just go write a summons to anyone making noise.
In drafting an ordinance they will have to look at the many aspects affected,
such as farming, as well as any other activities associated with noise.
Scott said
mediation has not worked as one party has refused to co-operate and they now
have come to the Town to take care of their complaint.
Todd Morris
said a police officer went up to the LaBerge’s threatening to give a criminal
citation.
Rob asked
Chris Morrell if that was true and Chris replied the officer met with both
parties and tried to get them to mediation and failed no citation resulted.
Todd then
made the statement that if he starts up a motorcycle on his property he could
receive a criminal citation.
As many
residents were under the impression the Zoning Administrator was writing an
ordinance, Jeanne pointed out that the Zoning Administrator does not draft
ordinances for the Selectboard. The Town
Attorney will be looking at language from ordinances existing in other towns.
Todd said
it seems as if this has moved past the development stages.
The Board
responded it has not – they have asked Jeanne to look at other ordinances for a
model, anything written would be reviewed by the Town Attorney and receive
public input. If the Board decided to
adopt there is a 60 day appeal period.
At this time Jeanne has a copy of 2 sample ordinances but has not
reviewed them yet.
Judy
LaBerge said the Board has received misinformation as they want to mediate and
wanted to know if the Board would be thinking of writing the ordinance if they
had not been given misinformation by
Rob said that
to
Brock
Francis said he has lived on the hill since he was 10 yrs old and they have
always ridden motorcycles on the hill and now there is a safe environment to do
so.
Nathan
Miner said he now feels he cannot go visit the LaBerge’s on his motorcycle as
it will cause a problem. He wants the
Board to have discussion needed to decide if they go ahead with this or not.
Scott said
he hopes in discussion on this the Board considers alternative efforts other
than the ordinance.
Andrea
noted she was not at the meeting when the Fenwick’s presented this so cannot
comment on it.
Tony wanted
to know the Boards advice on how the La Berge’s can get out of the zoning
violation till this is settled.
Howard said
his understanding is that the Zoning Administrator has issued a citation and
the LaBerge’s are appealing it. The DRB is the appeal process and the citation
is outside of the Selectboards control.
Jeanne will
check with the Town Attorney on the point of if the Zoning Adm issues a
citation and an appeal has been filed can the individual receiving the citation
continue the activity till the appeal is heard without being issued additional
fines.
Other
Business
Approve
Warrants: Jon
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
Request to Serve Alcohol at Fire Station
for a Private Party / Jessica Waite on 9/29/07: Andrea moved that the Board vote to
approve a request by Jessica Waite for permission to serve alcohol at the fire
station for a private party on Saturday, September 29, 2007 from 2:00 PM – 11:00 PM, subject to the
following conditions:
· A responsible person over 21 years
of age will be designated to be “in charge” of the event and to monitor alcohol
use at the event to ensure that there is no underage drinking and that
intoxicated persons do not drive; and
· A “Don’t Drink and Drive” poster
shall be posted at the entrance to the event, naming the responsible person and
offering the services of the responsible person to arrange safe trips home.
Second by
Howard and approved.
Road Cut Permit
Application / Mark Ames on
Buried Utility Permit / ESNID LLC on
VTrans Memorandum of Understanding / High
Risk Rural Roads Program: The High Risk Rural Roads Program
(HRRRP) was established as a requirement of SAFETEA-LU. Through this program, cooperating
municipalities will participate in a Road Safety Audit with Vermont Local
Roads, and an implementation plan will be developed to address signage improvements
to increase safety on rural roads.
Hinesburg has been selected to participate in this program, and the Road
Safety Audit has been completed. In
order to qualify for the needed signs and posts from VTrans, a Memorandum of
Understanding between VTrans and the Town must be executed. The Towns obligation in this program is to
install and maintain the signs. Randy
moved that the Board vote to authorize the Chair to sign the Memorandum of
Understanding between VTrans and the Town of
Route 116 Traffic
Signal Project / Discussion of Control Cabinet Location – Jeanne spoke with the project
manager who was unable to give her an answer on this but will get back to her. Board
members agreed they would like to see the meter mounted on the side of the
cabinet.
Update on Recreation
Path Project – Jon
reports the engineers estimate a cost of $62,000 to change the design and go
through the permitting process. Adding
in permits and other costs the Board estimates $120,000 to design and execute
the change. Costs and delays incurred
with the condemnation process were discussed.
The Board agreed to proceed with the alternative design.
Randy noted that in the presentation of the Health Savings
Account the full value of having such an account was not given. Jeanne will look into having another
presentation and will contact employees who were present about this.
Andrea moved the Board vote to adjourn at
Respectfully submitted,