Selectboard Meeting
February 16, 2009
Attending the meeting: Jon Trefry, Andrea Morgante, Howard Russell, Ken Brown, Randy Volk, Jeanne Wilson, Carrie Fenn, Jean Isham, John Lyman, Alex Weinhagen, Will Patten, Brett Grabowski, Nancy Goddard, Dorothy Pellett, Tom Ayer, John Hamilton, Lisa Carlson
Meeting called to order at 7:00 p.m.
Public Hearing on Interim Zoning Regulation Proposal / Saputo Cheese USA Parcel: Jon opened the public hearing on the interim zoning regulation proposal for the Saputo Cheese USA parcel, and read the proposed language. John Lyman inquired about how the proposal would impact the redevelopment of the site. Jon explained that the proposed language would allow for the consideration of many more uses for the parcel. The current zoning is very limiting, since the regulation was structured around the existing use as a cheese factory. Will Patten, co-chair of the Saputo Redevelopment Steering Committee, reported that the committee had decided to approach the redevelopment from three perspectives, and committee members were divided into the following three focus areas: business/financial, design, and legal/political. The redevelopment goals of the committee are to replace the 80 jobs that were lost, replace the tax base to the community, to ensure that development is in line with the goals of the Town Plan, and to maintain a connection with the working landscape (i.e. – agricultural based businesses).
There was no further discussion about the proposal, and the public hearing was closed. Ken moved that the Board vote to adopt interim zoning for the Saputo Cheese USA property, pursuant to VSA Title 24, Chapter 117, Section 4415 as outlined in the Saputo Site Interim Zoning Proposal dated 1/27/09. Seconded by Howard and approved.
Interview for Appointment to Planning Commission / Tom Ayer: Tom stated that streamlining the permitting process was important to him. He has a respect for property owner rights. Howard noted that it was important, as a member of a board, to have a broad view and the ability to work with a diverse group of perspectives. How things happen is important, not just what happens. It is important that commission members do not have an agenda. Jon noted that it is important to respect the planning process.
Interview for Appointment to Planning Commission / John Hamilton: John stated that he supports individual property rights. However, there are times when it may be necessary to impact property rights for the benefit of the entire town. John reviewed his past work as director of the Burlington airport, and dealing with conflict between the airport and neighboring property owners. His goal in negotiations was to reach an outcome that was a benefit to all parties. His leadership ability, communication skills and the evident feelings he had for the community helped him to be successful.
Village Growth Area Rezoning Proposal & Official Map: Map - The Board reviewed the changes to the official map from the February 2 version. It was the consensus of the Board to show a sidewalk on Richmond Road, with a note indicating that the exact location of the sidewalk was to be determined. It was also agreed that the map should show a sidewalk on the east side of Mechanicsville Road, not just the west side. John Lyman asked for an explanation of what is intended for “Future Community Facility” on the Lyman parcel and the parcel behind Town Hall. The Board advised that the intention was for additional recreation fields. Howard questioned the wetland delineations, and Alex advised that he and Andrea were scheduled to meet with Mike Adams of the Army Corp of Engineers wetland office later in the week for a better clarification on the wetland delineation.
Proposal – Alex advised that he had received modified language from the Town Attorney to clarify the trigger for inclusionary zoning for affordable housing. In regards to questions from the February 2 meeting regarding occupancy of affordable housing units by family members, Alex advised that he had discussed the issue with Champlain Housing. Champlain Housing said affordable housing units should function as a home, and they feel it is okay for children of owners to occupy the units. They are working on time limits for family member occupancy. Champlain Housing suggested specifying that this refer to immediate family. An inheritance would be considered a change in ownership, and the new owner would need to meet the income eligibility.
Ken questioned the density figures for the Village NW. When the stream buffer and wetland areas are removed, the 53 acres in the district are reduced to 18.8 acres of upland area. This results in an actual development potential of 9 residential units / acre, assuming maximum density bonuses and based on 60% residential and 40% retail, office or community space. Removing the area on the west side of West Side Road reduces the development potential by 20% to 7 residential units / acre.
Andrea asked what would prevent a developer from building 90% residential, instead of 60%. Alex advised that all the purpose statements state that for the mixed-use areas, non-residential development must be built first or concurrently with residential development. Howard questioned whether the purpose statement would be enough to deny an application.
Brett noted that Route 116 is a busy corridor, and that it will naturally draw commercial business. He further noted that, from a developer’s point of view, it would be difficult to achieve all the density bonuses. The numbers do not work to make a project affordable for a developer. It is unlikely that the Town will see maximum density.
Andrea questioned whether the Ballard’s Corner area and village center would ever be anything more than two separate areas, disconnected by distance and wetlands. She felt the Town should not rely on state and federal regulations to protect the wetlands. She felt that the Village NW was not the best place for development.
Brett stated that a lot of community input went into the process, and the community decided that the Village NW was the place for development. He asked whether Andrea was suggesting a moratorium on growth. If development should not occur in the Village NW district, where should it occur?
Howard stated that he felt the wetland issues were unknown during the planning process. Brett stated that the planning process did take into account wetlands, buffer zones, prime ag soils. Jon stated that the Planning Commission took these issues into account when developing the plan. These issues were raised during the design charettes.
Howard asked whether the area on Mechanicsville Road might be an option for increased development. He stated that he supports phased development, but still does not support the proposed expansion of the village growth area without addressing the rural areas. Alex advised that there was strong feeling expressed during the charettes about not wanting commercial development on Mechanicsville Road above Commerce Street. There was a desire to preserve the residential character of the area. Route 116 is a busy road that supports commercial development.
Alex advised that Lisa Carlson had raised the issue to the Planning Commission that crematoriums were not allowed in any of the Town’s zoning districts. The current zoning allows for mortuaries and funeral parlors. The Planning Commission had changed the language to allow crematoriums to be located with mortuaries and funeral homes in the Residential 1 District. Lisa noted that cemeteries are currently not addressed in the Town Plan. She would like to see cemeteries added, and for crematoriums to be allowed in cemeteries. Alex advised that the Planning Commission felt this would not make sense for the Village NE. Ken noted that it also might not make sense for commercial or industrial zones. Randy stated that he would like to see a recommendation from the Planning Commission. Alex suggested that this issue could be addressed for the whole Town with other changes the Commission is working on (telecommunication facilities, noise standards and leased land regulations).
Jon summarized that the language for mortuaries and funeral homes should be removed from the Residential 1 District, the language recommended by the Town Attorney regarding inclusionary zoning should be added, the Richmond Road sidewalk and Mechanicsville Road sidewalk should be added to the map.
Randy moved that the Board vote to warn a public hearing for April 6 on the Village Growth Area Rezoning Proposal and Official Map. Seconded by Ken. Andrea noted that she appreciates the work the Planning Commission has done, but feels the wetland delineation in not sufficient to support the density in the Residential 1 and Residential 2 districts. She would also feel more comfortable acting on the village rezoning proposal as a package with the rural area rezoning. The motion to warn a public hearing passed, with Randy, Ken and Jon voting for, and Howard and Andrea opposed.
Approve Warrants: Andrea moved that the Board vote to approve the warrants (including payroll warrants) for bills payable as presented by the Town Treasurer. Seconded by Randy and approved.
Minutes of February 2, 2009: Ken moved that the Board vote to approve the minutes of February 2, 2009 as amended. Seconded by Howard and approved with Randy abstaining.
Trial Balances for Water & Wastewater and General Fund Accounts for Period Ending 1/31/09: 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 1/31/09. Seconded by Ken and approved.
Adoption of Amended Highway Snow and Ice Control Plan: The Board adopted a highway snow and ice control plan, developed by the highway foreman, on 4/3/06. Since that time, the Town has assumed winter snow maintenance duties for Farmall Drive, Fredric Way and a portion of Ballard’s Corner Road. In addition, adjustments have been made in the amount of salt used in response to supply and cost. A new snow and ice control plan had been drafted, which takes the above factors into account. The Board discussed whether roads listed in the plan as yellow roads should be more clearly defined. Howard moved that the Board vote to adopt the amended Highway Snow and Ice Control Plan dated 2/16/09. Seconded by Ken and approved
Award Bid for Professional Audit Services: On January 15, 2009 an RFP was issued for bids to provide professional audit services to the Town of Hinesburg for FY 08 – 09 and for the option to renew the engagement for FY 09 –10 and FY 10 – 11. RFP’s were sent to five accounting firms. Proposals were received from two, as follows:
Fothergill Segale & Valley
FY 08 – 09 = $15,000
FY 09 – 10 = $15,500
FY 10 – 11 = $16,000
Sullivan Powers & Co.
FY 08 – 09 = $19,000
FY 09 – 10 = $20,000
FY 10 – 11 = $21,000
Based on the bids received, as well as past experience with Fothergill Segale & Valley, the staff recommends the bid be awarded to Fothergill Segale & Valley as outlined in their proposal.
Ken moved that the Board vote to accept the proposal of Fothergill Segale and Valley for performance of financial audit services as presented in the “Proposal for Audit Services Years Ending June 30, 2009, 2010 and 2011” and dated January 19, 2009. Seconded by Howard and approved.
Designation of Selectboard Representative to Village Municipal Lot Site Plan Committee: Randy advised that he would like to represent the Board on the committee.
Planning for Town Meeting: Items that might be raised at Town Meeting include the wind turbine at Geprag’s Park, employee long-term disability coverage and agency funding. Jon is preparing a PowerPoint presentation for the Selectboard report. Howard noted that last year the Board divided up the responsibility of answering questions on the budget. The Board asked Jeanne to assign each member responsibility for various parts of the budget.
Establish March Board Meeting Schedule: With Town Meeting occurring on the first Monday in March, the Board’s March meeting schedule on the first and third Monday will be impacted. The Board decided to meet as scheduled on the third Monday in March (March 16).
Appointment to Trails Committee: Terms of appointment on the Trails Committee had expired for Frank Twarog, Ken Brown, Colin McNaull, Stewart Pierson and Lenore Budd. Colin, Stewart and Lenore expressed interested in a reappointment, and outgoing committee chair Frank Twarog supported and recommended their reappointment. Frank and Ken advised that they would not seek a reappointment. The openings had been published and posted. Ken moved that the Board vote to reappoint Colin McNaull, Stewart Pierson and Lenore Budd to the Trails Committee for two-year terms, which will expire on February 1, 2011. Seconded by Howard and approved.
End of Probationary Period / Water & Wastewater Operator Kayhon Bahar: Kayhon Bahar had successfully completed his 3-month probationary period. Water & Wastewater Superintendent Steve Button had reviewed Kayhon’s performance during the probationary period, and recommended continued employment and a wage increase as planned. Ken moved that the Board vote to recognize the successful completion of Kayhon Bahar’s probationary period as Water & Wastewater Operator, and increase his wage 50¢ an hour from $16.50 to $17.00. Seconded by Andrea and approved.
Appointment to Planning Commission: Andrea moved that the Board vote to appoint Tom Ayer to the Planning Commission to fill a vacancy with a term which expires on January 1, 2010. Seconded by Howard and approved.
Renewal of Liquor Licenses:
Andrea moved that the Board vote to convene as the Board of Liquor Control. Seconded by Howard and approved.
Ken moved that the Board vote to approve the renewal applications of R&A Frost Inc. (d/b/a Hinesburg General Store), Coco Mart, Inc. (d/b/a Jiffy Mart), Jolley Associates (d/b/a Short Stop #143), K.B. Enterprises, Inc. (d/b/a Lantman’s Best Yet Market) for second class liquor licenses with license to sell tobacco. Seconded by Howard and approved.
Ken moved that the Board vote to approve the renewal applications of Two Buffoons, Inc. (d/b/a Christo’s Good Times Café), Travia’s Inc. (d/b/a Travia’s Restaurant), Two Z’s, Inc. (d/b/a Papa Nick’s Pizza & Restaurant), Ayer Golf, Inc. (d/b/a Cedar Knoll Country Club) for first class liquor licenses. Seconded by Howard and approved.
Andrea moved that the Board vote to adjourn as the Board of Liquor Control. Seconded by Howard and approved.
Discussion of Legal & Personnel Issues: Andrea moved that the Board vote to go into executive session to discuss legal and personnel issues. Seconded by Ken and approved.
Andrea moved that the Board come out of executive session and adjourn. Seconded by Ken and approved.
Respectfully Submitted,
Jeanne Kundell Wilson
Hinesburg Town Administrator