Selectboard Meeting
June 1, 2009
Attending the meeting; Jon Trefry, Andrea Morgante, Ken Brown, Randy Volk, Howard Russell, Jeanne Wilson, Rocky Martin, Alex Weinhagen and attached list of residents.
Meeting called to order at 7:00 p.m.
Jeanne recognized water and wastewater superintendent Steve Button for receiving a Water Works Leadership Award from the New England Water Works Association.
Discussion of Expansion of Wastewater Service Area and Changes to Wastewater Ordinance Resulting from Adoption of Village Growth Area Zoning Regulations –
Alex and the Board re-evaluated the wastewater service area looking at the current service area and possible future area pending zoning revisions and capacity considerations.
Specifically noted was the fact the Gary Fornier’s house is in the sewer service area but not connected at this time. A portion of his lot is not in the service area and it was mentioned that if he were to subdivide and build on the portion not in the area he can use the existing system for that house and hook his house to the sewer line.
Also discussed was to tighten back the area by the South Farm development to the property lines of the homes. Howard mentioned that the Russell family has an agreement with Chuck Reiss (who bought that land from the Russell’s) for future development of two houses on that site. Moving the line back would not allow for building given the constraints of the property for a septic system. The Board agreed to leave the area as originally mapped.
Discussion of Proposed Zoning & Subdivision Regulation Changes; Review of leases – subdivision regulation revisions. Purpose is to clarify what sorts of leases are exempt from subdivision review.
Farm Worker Housing – New Zoning Provisions. It was questioned how the Town would know if the farm worker was actually doing substantial work on the farm. Alex said they are relying on the honesty of the owner of the farm.
David Lyman said he sees David Zuckerman as the only individual to benefit from this change.
Barb Forauer asked about the impact on the school system with housing children that will go to local schools.
Also asked was what if a neighboring landowner does not want to have dormitory housing or multi-family type dwellings next to their property. Alex replied that question would be addressed at the zoning process. This is a conditional use and would go through conditional use review.
Cemeteries and Crematories. Two new uses to be added to certain Zoning Districts (article 3) along with 4 new definitions to add to article 9.
Noise Performance Standard – Zoning Regulation Revisions. Clarification of the factors to consider when determining whether a noise is in fact unreasonable.
Andrea asked about being more specific by using a decibel number. Alex said if that is the route they want to take it would be done through on ordinance.
Tonia Bouchard said the idea of a noise ordinance was brought before the Board and many residents spoke against it and the Board agreed not to pursue. How many times will this point come up as residents made it clear they do not want one?
Jon replied it can be brought up an unlimited number of times but that does not mean the Board will take it up.
Wireless Telecommunication Facilities – New Zoning Provisions. This is a new section to create a review process specific to these facilities. As rules are constantly changing Alex will get updated rules from VLCT. Andrea said in section 7.11 Criteria for Approval and Conditions she would like to see a condition in regards to the size limits of the associated access roads.
Natacha Liuzzi / Request to Speak on Behalf of Police Chief Chris Morrell – Natacha read a statement of support for retaining Chris Morrell as Police Chief and submitted a petition with 894 signatures in support of Chief Morrell. Also a letter from the Board of the Vermont Police Canine Association supporting Chief Morrell.
Jon read aloud a letter the Board sent to the Burlington Free Press in response to things printed in the Free Press on this and the letter will also be sent to the Hinesburg Record for publication.
Will Patten wanted to remind everyone that organizations are organic and made up of people; they prosper when people work together. When they start attacking each other it creates a disease – we need to find the source of the disease. This is failure by everyone involved.
Tonia Bouchard said she has lived here since 1992 and worked in Town at the same location for 12 years during which time she has never known there to be any complaints by officers of the Chief and sees officers on a regular basis. She wanted to know when and why it was decided the Town needed a Deputy Chief.
Jon responded that the decision was made in the interest in preparing for transition, the Selectboard also felt there was a need for some assistance with management of personnel at that time.
A resident was concerned that since at Town Meeting it was noted that the Police Department was short staffed it may not be sensible to remove the Chief from active duty and make the Department even further short staffed.
Jon replied the Board felt it was appropriate to remove the Chief as this is a personnel issue. When asked about the time frame for this to be settled Jon replied they hoped it would not be more than another month.
It was asked what the morale of the Department is expected to be if the Chief is exonerated.
Howard said it strains the Department to be down an officer, the remainder of the officers are working hard to be sure the Town is being covered.
Lynn Gardner stated he was a member of the Selectboard when Chris was hired. He feels there should be transparency with this situation and feels the Selectboard has failed the public and this has led to speculation.
Greg Monsell said he has lived in Hinesburg for 27 years. He asked if Chris Morrell knows what is going on why is he not telling residents what is going on – wanted to know if it is a legal issue.
Jon replied it is a personnel issue and it is up to Chris if he wants to tell residents. Jon said Chris was asked by the Board not to talk to others about this when he first met with the Board.
It was mentioned that people should not make assumptions just because Chris has not said anything as he is working under advice of his attorney.
Since the strategic plan gave a favorable report of the Police Department with the notation that management could use working on, did the consultant give the Selectboard ideas on how to address the management concerns?
Andrea noted that the Selectboard did read and take into account what was mentioned and they hired the Deputy Chief.
It was asked if the Board would consider hiring a consultant again to help with this situation.
Jane Starkweather, wife of Chris Morrell, said she wanted to make a clarification. She stated Jon and Randy came to their home and asked Chris to resign, when asked for specifics they gave none and told Chris it was at the request of the Town Administrator.
Will Patten asked about Jane’s accusation.
Randy said they did not tell Chris it was at the request of the Town Administrator, they did ask for the resignation but were not able at that time to give a reason.
It was questioned if one can legally ask for a resignation without giving a specific reason.
Jon said the request was related also to past events in Chris’ personnel records. This was done through compassion to allow Chris to resign on his own without implications of being forced out.
It was stated that word on the street is now less of community policing, less friendly and more hostile.
The Board replied they do not want the Police Department to go in that direction.
Dana Apgar said he has been involved with the physical assessments of the department. They have been teambuilding experiences and have gone smoothly with the exception of the past year with the addition of another person and they are now contentious.
The problem with handling of this related to the corporate world where ones weak points would be minimized and use all the good points to help push the person up so they can work on a weak point.
Howard said the Board would not contemplate losing an employee without doing all they could to work out problems and support the person in areas they need support in.
It was noted that is seems apparent the residents want to Chris back – it was asked if the Board needs to redistribute responsibilities.
Howard replied the Board has entertained the possibility of the idea to redistribute responsibilities.
Emma Pouech asked if there is an effort to eliminate the Canine Program.
The Board replied they are not aware of any such effort – the action being taken has nothing to do with the Canine Program.
The question of cost to the Town for the Chief being on paid administrative leave – cost of Deputy Chief and cost to hire additional officers.
Jon said there is of course an impact of paying legal council and overtime to officers.
Asked what the protocol is – would the Deputy Chief automatically become Chief if Morrell does resign?
Jon said that is not automatic.
Scott Bruneto said in all his contact with Chris as a neighbor and in his EMT service Chris has always behaved very professionally.
David Lyman suggested seeking further legal council – the people in Hinesburg have a right to know what is going on – if it is so bad the Board can’t tell the people he wants to know why.
Jon said members of the Police Department have poor morale and have stated to the Board they do not like working under present management and if need to continue to do so will seek employment elsewhere.
Sue Barden said this is difficult for her due to the respect she has for the Board – she is concerned with the sequence of events – why have a fact finding process after the fact.
Michelle LeBlanc, VP of the Vt Police Canine Association said this came out of the blue and other police officers were shocked by it. The loss of the Chief would have a huge negative impact on the Canine Unit. She stated Chris has 100% commitment to law enforcement.
Rob Bast of Bast & Rood Architects / Discussion of Site Plan for Police/Fire Facility – Rob reviewed with Al Barber and Board members the overall cost estimates.
The total project is 1.89 million with the Fire Department portion a little over 1 million.
Al will work on the grant application.
Ken moved that based on looking at the building plans the Board authorize Fire Chief, Al Barber, to apply for a grant. Second by Howard and approved.
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 Ken and approved.
Minutes of May 18, 2009: Randy moved that the Board vote to approve the minutes of May 18, 2009 as corrected. Second by Howard and approved.
Minutes of May 28, 2009: Randy moved that the Board vote to approve the minutes of May 28, 2009 as corrected. Second by Howard and approved.
Trial Balances for Water & Wastewater and General Fund Accounts for Period Ending May 31, 2009: Andrea moved that the Board vote to acknowledge receipt of the trial balances for water & wastewater and general fund accounts for period ending May 31, 2009. Second by Ken and approved.
Resignation from the Conservation Commission / Kristen Sharpless: Howard moved that the Board vote to accept the resignation of Kristen Sharpless from the Conservation Commission effective immediately. Second by Ken and approved. This will leave the Conservation Commission with three vacant positions.
Request from St. George Selectboard / Police Services: The Town of St. George has constructed a basketball court in a remote area, and is inquiring whether the Hinesburg Community Police would be able to do limited patrols to the area to control vandalism and illegal activity. The Board agreed with Deputy Police Chief, Fred Silber that Hinesburg does not have the manpower to take this on at this time.
Discussion of Lincoln Hill Historic Marker: In August 2008 the Selectboard met with Lincoln Hill Road residents and researcher Elise Guyette for a site visit to the intersection of Lincoln Hill and North Roads to discuss placement of a historic marker commemorating the Hinesburg African American farming community on Lincoln Hill Road. The group was submitting an application to the Vermont Division of Historic Preservation for the marker, and was looking for a location on Town property where the marker could be installed. The Selectboard was agreeable to having the marker installed near the intersection. The marker is now ready, and the Division of Historic Preservation is looking for a letter from the Town giving permission for the placement of the marker, as well as a “business location” where the marker can be delivered and inspected upon delivery. The Board signed a letter requesting delivery to the Town Highway Garage and giving permission for the placement of the marker.
Other Board Member Items – Ken said he checked with CCTA on the time frame. A decision to join would need to be made by August. Ken was told it is unlikely that waiting an extra 4 months will make a big difference for Hinesburg.
Jeanne reviewed with the Board a letter from CSWD regarding the agreement for lease of the drop off center. The Board authorized Jeanne to sign the agreement.
Howard moved the Board go into executive session for discussion of personnel and legal issues and to include Jeanne Wilson, second by Ken and approved.
Howard moved the Board come out of executive session and adjourn, second by Ken and approved.
Outgoing Correspondences
Letter of appreciation to Matt Mainer for Grad Challenge Project of construction a stone wall around the sign at Town Hall
Letter of appreciation to Waitsfield Champlain Valley Telecom for Doug Kendall’s community service project to paint the flagpole in the Memorial Park
Letter of congratulations to Water & Wastewater Superintendent Steve Button for receiving the Water Works State Leadership Award, presented by the New England Water Works Association
Respectfully submitted,
Valerie Spadaccini, secretary