Selectboard Meeting
October 15, 2007
Attending the meeting: Rob Bast, Andrea Morgante, Howard Russell,
Jon Trefry, Randy Volk, Jeanne Wilson, Chris Morrell, Fred Silber, Keith
Fortier, Ben Hunt, Larry Winters, Matt Laberge, Judy Laberge, James Burnett, Guy
Maglaris, Bobbi Jo Maglaris, Michael Driscoll, George Dameron, Henry White,
Sandra White, Jody Place, Dennis Place, Brock Francis, Tim Casey, Josie Palmer
Leavitt, Gary Clark, Jake Clark, Bill Snyder, Don Stearns, Karen Stearns, Tonia
Bouchard, Randy Therrien, Pam Francis, Nolan Francis, Debra Howard, Kristi
Brown, Tim Brown, John Driscoll, Todd Morris, Joe Iadanza, Kathleen Newton,
David Newton, Steve Giroux, Damien Aube, John Veilleux, Matt Francis, Andy
Hubinger, Tom Ayer, Raymond Ayer, Ray Kenyon, Caroline Hayden, Kim Rheaume,
Judy Chaffee, Jan Stonberg, Don Palmer, Wayne Bissonette, Tom Lyman, Frank
Koss, Lynn Gardner, Nancy Norris, Mark Miller, Fiona Fenwick, Gary Fenwick,
Jason Reed, Kim Johnasen, Scott Johansen, Mark Burnett, David Bouchard, David
Tucker, Judy Cardinal, Mark Siple, Scott Alexander, Rick Kelley, Adam Driscoll,
Jay Lestage, Rob Farley, Chris Leavitt, Carol Chalifoux, Robert Chalifoux, Tom
Marrinson, Jim Stowe Jr., Jim Stowe Sr., Richard Francis, Welly Cobden, George
LeClair, Greg Tucker, Sue Tucker, Mike Potvin, Tony St. Hilaire, Leslie Emmons,
Shannon Emmons, Lisa Foley, Tim Ayer, Todd Portelance, John Dunshee, Clyde
Bovat, Rodman Cory.
Due to the large attendance, the
Selectboard met in the Main Hall for the first agenda item.
Meeting called to order at 7:00
p.m. by Chair Rob Bast.
Public Comment on a Request to Adopt a Noise Ordinance: Rob noted that the purpose of this meeting was to hear from the community
on a request the Selectboard had received to adopt a noise ordinance. Rob advised that the intent was not to come
to a decision at this meeting, but instead to listen. He outlined some ground rules for the
meeting, asking speakers to stand and state their name before speaking and to
address all comments to the Selectboard.
Rob noted that the current situation in regards to noise was very
subjective. Rob opened the discussion up
to the floor.
Scott Johansen asked what the events were that led to this meeting and
what problems were trying to be resolved.
Rob advised that a request had been made to the Selectboard to consider
a noise ordinance as a result of an issue between neighbors – one neighbor
complaining of noise from motorcycling by the other neighbor. The Selectboard felt that it was reasonable
for the Selectboard to look into the issue.
Andrea noted that the Town already has a dog control ordinance to ensure
responsible behavior. Jon advised that
there was a concert on private property last summer that began at 9:00 p.m. and
was not announced to the neighborhood.
There was another event this summer of loud music on
Brock Francis noted that the existing State law covers nighttime
noise. He questioned whether these
situations couldn’t be handled in a neighborly manner without government
involvement. He asked whether this
problem was so out of control that an ordinance was required. Jon advised that determining this was the
purpose of the meeting.
Tonia Bouchard noted that the Williston noise ordinance was being used as
a sample ordinance,
but that the demographics of Williston are different from Hinesburg. She felt that the 55 to 65 decibel level is
unreasonable. She noted that a vacuum
cleaner runs at 85 decibels. A
motorcycle generates about 80 decibels.
Tonia stated that there is proof that the human ear can tolerate 8 hours
of exposure to a noise level of 80 decibels.
She noted that certain community events, like the concerts in the park,
exceed the 65-decibel level limit. She
asked if these concerts would be allowed under an ordinance. Rob advised that certain activities might be
permitted under an ordinance.
Howard stated that he wanted to be clear that the Selectboard was not
necessarily thinking of adopting the Williston ordinance. It was just used as an example. Furthermore, the Board was not at the point
where a decision to adopt an ordinance had been made. He felt that as a community we should decide
what could be in an ordinance. An
ordinance would need to define what was unreasonable noise; it could not be
subjective. The Williston ordinance was
used as an example because it defines unreasonable noise using decibel levels.
Tonia Bouchard asked if the police officers would carry decibel meters
and run around following up on noise complaints, and take time from other
important duties to respond to noise complaints. Howard advised that this was one of the
things that would need to be determined.
Debra Howard noted that she was a former member of the Zoning Board and
Planning Commission, and during her time on the Board and Commission noise was
discussed. As density increases,
conflict can increase and tools are needed to support the quality of life of
residents. Debra further noted that the
vacuum cleaner was not a good example of noise level, since noise would be
measured on the neighbor’s property, not at the point of origin.
John Driscoll felt that exempting certain events was unfair. Not everyone gets enjoyment from concerts in
the park. He would rather cut wood and
ride dirt bikes.
Caroline Hayden noted that a lot of people buy land here because they
like to ride four-wheelers and hunt.
They want the option to be able to do these things without neighbors
complaining. They want the option to do
these things up until 10:00 p.m.
Rick Kelley felt that an ordinance would allow anyone to complain and
shut down things just because someone doesn’t like it.
Rob Farley noted that he has a sled dog kennel. People have told him they hear his dogs, but
for the most part don’t complain. He
felt that tolerance was needed. He
tolerates motor vehicle noise because others tolerate his dogs. There is a need to be careful about being
subjective.
Wayne Bissonette stated that he does not have a problem with noise. He talks to his neighbors. He felt it would be too bad if the Town had
to go to the extent of adopting an ordinance.
If noise is bad enough, the police can be called.
Pam Francis felt that the decibel reading should be taken at the
neighbor’s house, not at the property line.
Scott Johansen said that he is active in the snowmobile clubs, which have
established a decibel maximum of 73 decibels for snowmobiles. He said that there would be opposition to an
ordinance
that had a noise level lower than that accepted by the snowmobile
clubs. Many things effect how noise
carries. VAST has already set levels for
snowmobiles. He asked how the
Selectboard would work with snowmobile clubs so as not to shut them down. Rob advised that the Selectboard did not have
answers at this time, and this was the type of issues that needed to be
considered.
George Dameron said it would be useful to see what other towns the size
of Hinesburg with mixed rural and village areas have adopted for noise
ordinances. As a village resident, he
can see an advantage to a noise ordinance.
Tonia Bouchard noted that in 2004 the Selectboard had received a request
for a noise ordinance and decided not to go forward. She questioned what was different about this situation
that made the Selectboard decide to move forward. Jon thought the issue might have concerned a
complaint involving a loud exhaust.
Don Palmer felt that the dog ordinance was pretty cut and dry, but
getting into a noise ordinance was a different situation. He questioned giving exemptions for some
noise, but not others. He felt there
were not that many complaints to warrant an ordinance.
Andy Hubinger stated that he was not hearing a lot of feedback in favor
of an ordinance and asked how the Selectboard would go forward.
Josie Palmer Leavitt advised that she and her husband have motorcycles,
which are their main form of transportation.
Sometimes they do not get home until 11:00 at night. She asked if coming home on their motorcycles
after dark would be allowed under an ordinance.
She felt that a noise ordinance should be put to a town vote, not just
decided upon by the Selectboard. Rob
advised that the process for adoption of an ordinance is outlined in State
statute. This process only allows for
adoption by the Selectboard, but allows the voters to petition for a vote to
overturn the ordinance. Rob again noted
that the Williston ordinance was only used as an example.
Howard outlined the adoption process – an ordinance is drafted, a public
meeting is held on the ordinance, the ordinance is adopted by the Selectboard
but does not become effective for 60 days.
During the 60 day appeal period the voters have the right to submit a
petition calling for a special vote on the ordinance. As opposed to going through this process, the
Selectboard decided to have a public discussion first. The Selectboard had not yet decided whether
it was for or against adopting an ordinance.
Keith Fortier felt that this was a big issue and the Town should vote on
it. Andrea advised that the Selectboard
is local government, and that the Selectboard gets its power through State
legislation and the ordinance adoption process.
She felt that the community needed to come together to resolve this
issue. The outcome of this meeting may
be to find other ways of resolving this type of issue other than the adoption
of an ordinance.
Jason Reed questioned how a noise ordinance would impact public and state
land.
Lynn Gardner asked whether the Selectboard had received a petition or was
this based on just one complaint. Rob
advised that it was based on one complaint, but the Board had heard of other
concerns.
but he liked to think that Hinesburg is small enough where neighbors can
talk. He did not feel this was an
overwhelming problem. Moto-Cross and
riding snowmobiles are family events. He
noted that there was a case in
Nathan Miner said that he agreed with
Brock Francis felt that if an ordinance was adopted than the Town should
set aside large tracts of land for activities that involve noise.
Mark Siple said he understands that the police only receive 3 to 4
complaints per year. He said he was
surprised that the Selectboard was wasting Town resources to look into this
issue. Rob advised that not a lot of
resources had been utilized thus far.
The Board felt that it was an issue that was worth researching. The Town may eventually get to a point where
people do not interact, and it would be reasonable to go to an ordinance at
this point.
Howard noted that at times more resources were used when things were not
clear. The zoning administrator and
police department have spent a lot of time trying to determine what should and
could be done regarding this current issue.
He noted that he is hearing that people move to rural areas so they can
do what they want, but others move to rural areas for the quiet. The Town has chosen to put more houses in the
rural areas, and this can lead to conflict.
When talking about the use of resources, we have to look at the amount
of resources used by not having clear rules as opposed to the amount of
resources used when there are clear rules.
Jon asked for input on whether it was felt that there should be a change
to the zoning bylaw to define what is okay.
Andy Hubinger asked Police Chief Chris Morrell whether the police
department needed a noise ordinance to do its job. Chris advised that the department receives
less than 6 noise complaints a year.
Normally these complaints are for loud stereos or burglar alarms going
off. The way they deal with noise
complaints is to first ask the complainant to talk to the neighbor, encourage
people to interact one on one. If this
were unsuccessful, the second step would be to recommend professional
mediation. The third step would be legal
action based on what the officer sees and hears. Upon being asked again whether he felt a
noise ordinance was necessary, Chris said that if the police department felt
there was an overwhelming need, the police department would be asking the
Selectboard to adopt an ordinance.
Kim Rheaume said she lives on
Tonia Bouchard said that it was great that people want to move to
Hinesburg, but everyone needs to work together to co-exist.
Scott Johansen felt that since there are only a few complaints a year
that mediation should be used to address the complaints. He questioned whether there was some way to
help the police department to use mediation instead of adopting an ordinance.
Damien Aube said that he would rather see kids working with parents on a
moto-cross course than running up and down the roads.
Brent Francis said he strongly recommends mediation instead of an
ordinance. He felt that the Town should
also look at more objective zoning.
Jason Reed said he has a neighbor with a shooting range and hears a lot
of snowmobiles. He questioned whether an
ordinance might allow people to do these things as the population grows. Rob noted that an ordinance does not have to
only restrict activity, it can also protect activity.
Josie Palmer Leavitt noted that there is a need to look at the Town’s
zoning. She questioned whether there
should be a limit on growth to preserve Hinesburg and prevent future conflicts.
John Driscoll said that the objective of the meeting was to give the
Selectboard input. He asked whether the
Board had enough input and asked for the Board’s opinion. Jon said he could not tell immediately
whether an ordinance was needed or not.
It would depend entirely on what the ordinance would say. Howard said that he came to listen, and he
had not yet heard enough to take the adoption of an ordinance off the
table. There is a need to listen to
other community members as well. John
Driscoll noted that this was a warned public meeting. If there was opinion about the issue, this
was the forum for that discussion. Randy
said that he was here to hear what the community had to say and that would
influence any decision. He said there
was a convincing argument that an ordinance may not be in the near future, but
that the voters elected the Selectboard to make good decisions. Andrea said that she came to listen. She hears that people are against
restrictions to noise, but the Selectboard knows that noise can cause
conflicts. She noted that perhaps a
noise ordinance was not appropriate.
Perhaps strengthening the zoning regulations or mediation would be more
appropriate.
A resident noted that bigger decisions, with more money involved are made
with less people than are in the room tonight.
Todd Morris said that he did not feel that noise was a problem. The public appears not to want an
ordinance. If the Selectboard decided to
go forward with adopting a noise ordinance he would have to question the
Board’s personal agendas.
Rob said that he personally felt that there were not a lot of complaints
and perhaps it was sooner than necessary to approach a noise ordinance. He said the Board would sit down and talk
about what they had heard, but felt that the only way a noise ordinance would
come before the Town would be if it protected the things that people have
voiced concern about.
Tom Lyman said that he has a hard time believing that an ordinance would
be written which allows noise.
Rick Kelley said that he keeps hearing that an ordinance is not needed,
but he hears the Board saying that it has to do something.
Judy Laberge questioned whether a noise ordinance, which specifies
decibel levels, would result in everyone measuring their neighbor’s noise
levels.
Fiona Fenwick said that she strongly supports a noise ordinance. She said she felt her quality of life has
been compromised and that a third party was needed to decipher what is
reasonable. She was asking the Town to
help her have her rights. She does not
want to be in conflict, but she wants to have the desired quality of life and
peace at her home.
Kristi Brown said that they have had a dirt bike track on their property
on
Matt Francis said he felt his quality of life has been disturbed this
summer by not being able to ride his dirt bike due to neighbors who have
complained.
Tim Brown said he felt people need to deal with things. The noise is not going on 24/7. People in the community need to deal with it
and get on with life.
Mark Miller said the strongest message he had heard tonight was from the
police department that enforce the rules.
He thanked the Selectboard for allowing people to voice their opinions
on this issue.
Gary Fenwick said he believed that no one should be able to do things on
their property that affects their neighbors to such a degree. He felt the noise level was unreasonable.
Tony St. Hilaire questioned whether the Fenwick’s had impacted the noise
level at their property by cutting trees.
Rob asked that the comments be directed towards the noise ordinance
issue, and not towards the individuals involved.
Welly Cobden said that he lives close to the track on
Josie Palmer Leavitt said that she is not aware of any place in the
country where there isn’t any noise. It
is a part of life.
Matt Francis questioned how you can work with someone who refuses to
mediate.
Rob thanked everyone for coming and for sharing their opinions. He said the Selectboard would take up this
discussion at a later time.
At this point, the Selectboard reconvened in the Ground Level Conference
Room for the remainder of the meeting.
Public comment period (for items not included on the
agenda): Rodman Cory met with the Board during the public
comment period to express his concern that the residential roads in the
Creekside development would become part of a future west-side connector
road. He felt that the residential
character of these streets, with houses close to the road, was not appropriate
for a connector road. He hoped that if a
connector road was built to connect to
Change of Road Names
in Creekside Development: The Board
received a request from
developer Brett Grabowski, who still retains legal ownership of the development
roads, to change the name of sections of
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 Howard and approved.
Minutes of October 1,
2007: Randy moved that the Board vote to
approve the minutes of October 1, 2007 as corrected. Seconded by Howard and approved.
Trial Balances for
Water & Wastewater and General Fund Accounts for Period Ending
9/30/07: Howard moved that the Board vote to
acknowledge receipt of the trial balances for the water & wastewater and
general fund accounts for the period ending 9/30/07. Seconded by Jon and approved.
Amendment to Contract
for Federal Regulations / Don Weston Excavating for Streetscape Project: As part of the Enhancement Grant funding for the Streetscape
Project, the following State and Federal regulations must be incorporated as
part of the bid documents and agreement:
Davis Bacon Highway, 23 CFR 635.410 Buy America First, Federal Form 1273
Required Contract Provisions, Executive Order 11246 Equal Employment
Opportunity, and VTrans CA-110 Disadvantaged Business Enterprise. These regulations have been incorporated into
an amendment to the agreement between the Town and Don Weston Excavating, Inc.
dated 10/15/07, which has been reviewed by the Town Attorney. Jon moved that the Board vote to authorize
the Chair to sign the Amendment to the Agreement between the Town and Don Weston
Excavating, Inc. dated 10/15/07.
Seconded by Howard and approved.
Resolution to Support
Participation in the Rails-to-Trails Conservancy’s 2010 Campaign for Active
Transportation: As part of the 2005 SAFETEA-LU
federal transportation funding program, funding was included for a
non-motorized transportation pilot project.
Four communities across the
Board unanimously approved a resolution to support the
region’s participation in the 2010 Campaign for Active Transportation. The CCMPO is now asking each of the member
communities to adopt the same resolution in an effort to demonstrate strong
local interest and support of participation in the potential program. Jon moved that the Board vote to authorize
the Chair to sign the resolution to support participation in the
Rails-to-Trails Conservancy’s 2010 Campaign for Active Transportation. Seconded by Howard and approved.
Buried
Utility on
Review & Approval of Legal Documents for
1. Deed – The
width of the ROW needs to be specified. Andrea thought 30' had been discussed.
2.
Notice of Grant Agreement - public recreation needs to be added as an allowable
purpose.
3.
Grant of Development Rights - language needs to be added to narrow the Town's
liability exposure.
Howard moved that the Board vote to
approve the following resolution, with the stipulation that the above items are
addressed prior to execution:
Be it
resolved that the Town
of Hinesburg is hereby authorized to accept title to a portion of the
Bissonette Farm consisting of 301 acres known as Parcel 1 and Parcel 3B
lying on the westerly sides of Vermont Route 116 and Gilman Road in the
Town of Hinesburg, Chittenden County, Vermont, from Wayne and
Barbara Bissonette, Trustees subject to a Grant of Development
Rights, Conservation Restrictions and Public Access Easement held by
the Vermont Land Trust, Inc. and the Vermont Housing and Conservation Board;
and
Further be
it resolved that Robert S. Bast, Chair of the Town of
The motion was seconded by Randy and
approved, with Andrea abstaining.
In addition, two letters were drafted, one to the Vermont Department of
Fish and Wildlife and one to the Trust for
Contract for Appraisal
Services / Bailey Appraisal Associates: The Listers have reviewed the
contract between Bailey Appraisal Associates and the Town to maintain and
update the 2008 Grand List, and recommend signing the contract. Andrea moved that the Board vote to authorize
the Chair to sign the contract dated 10/2/07 between Bailey Appraisal
Associates and the Town for the maintenance and updates to the 2008 Grand
List. Seconded by Howard and approved.
Appointments to the
Village Steering Committee: The term of appointment on the
Village Steering Committee has expired for Brian Busier. Brian has expressed interest in
re-appointment. Howard moved that the
Board vote to re-appoint Brian Busier to the Village Steering Committee for a
two-year term, which will expire October 1, 2009. Seconded by Randy and approved.
A letter of interest in an appointment has been received
from Aaron Kimball. Howard moved that
the Board vote to appoint Aaron Kimball to the Village Steering Committee for a
two-year term, which will expire on October 1, 2009. Seconded by Randy and approved.
Additions to the Agenda
Buried Utility Permit on
Request
to Work in the Town ROW on
Authorization of
Easement Deeds / Traffic Signal at
Middlebury is funding the project. Since the Town was not a part of early
conversations regarding what type of traffic control measure was appropriate at
this intersection, Andrea noted that this project brings to attention the need
for more communication both within our organization and between the Town and
VTrans.
There are three areas
that require easements, as follows:
1. The Town will
grant an easement to VTrans to install and maintain detector loops in the
pavement on
2. E.W.
Enterprises, Inc. will grant an easement to the Town, and then the Town will
grant an easement to VTrans to remove and re-install the sidewalk, and to
install and maintain signage and a pedestrian signal pole on the southeast
corner of the intersection.
3. Creekside
Investments, LLC will grant an easement to the Town, and then the Town will
grant an easement to VTrans to install and maintain detector loops in the
pavement and pavement markings on
Howard moved that the Board vote
to authorize the Town Agent to review and execute the required easement deeds
as outlined herein for the
Discussion
of Noise Ordinance Issue: As a follow up to the
public comment on the noise ordinance issue, the Board discussed next
steps. It was the decision of the Board
that due to public feedback, both at the meeting and through written comments,
that there was not enough expression of public need to warrant adoption of a
noise ordinance at this time. This public
feedback, coupled with the limited number of noise complaints, indicate that it
would be inappropriate to proceed with the adoption of an ordinance.
The Board expressed an interest in clarifying
the current steps available for noise complaints. As outlined by Chief Chris Morrell at the
meeting, when the police department receives a complaint regarding noise, the
complainant would first be asked to discuss the issue with the neighbor and the
parties would be strongly encouraged to negotiate a resolution. If this
were unsuccessful, the second step would be to strongly recommend the parties
seek a resolution using professional mediation through the police department’s
mediator. The third step would be possible legal action based on what the
officer sees and hears. This would involve filing a formal complaint and could
result in a criminal action.
The Selectboard strongly supports and recommends professional mediation
as a method for dealing with difficult cases, but understands that mediation
requires two willing parties.
Finally, the Board agreed to draft a letter to the Planning Commission
asking that the Commission look into the current zoning regulations as they
pertain to noise to better clarify rights and responsibilities as they relate
to zoning.
Howard
moved that the Board adjourn at 10:45 pm, seconded by Andrea and approved.
Respectfully
Submitted,
Jeanne
Kundell Wilson
Hinesburg
Town Administrator