Selectboard Meeting
December 21, 2009
Attending the meeting; Jon Trefry, Andrea Morgante, Ken Brown, Randy Volk, Howard Russell, Jeanne Wilson, Karla Munson, Rocky Martin, Alex Weinhagen, Carl Driscoll, Raymond and Ruth Ayer, Colin McNaull, Michael Driscoll, Dennis Casey, Thomas Ayer, Anne Watson, Courtney Devoid, Thomas Dickerson, Gregory Scott, Bill Lippert, Lenore Budd.
Meeting called to order at 7:00 p.m.
Karla delivered copies of letters to be sent to the State Legislators regarding Hinesburg and CCTA for the Board to sign.
Vermont Sustainable Heating Initiative / Regional Energy Grant for Feasibility Study of Biomass Energy Production. Anne Watson, Courtney Devoid and Thomas Dickerson were present representing a group of students and teachers who have been working to help citizens transfer from fossil fuels to sustainable biomass sources. They are looking to locate a production facility in Chittenden County. Their proposal is to apply for federal energy grant stimulus money to fund a feasible study. To raise the ten percent matching funds they are asking towns in Chittenden County to become a partner by contributing $1,000. Rocky Martin, who served on Hinesburg’s Sustainable Energy Committee, said the committee was interested in the idea of biomass but was not able to pursue it. Rocky will correspond with other members of the committee for their input.
Director of Buildings & Facilities Rocky Martin
Authorization of Wastewater Treatment Facility Upgrade Project Loan Documents: Rocky reported the total project cost is $1,618,239.70 / engineering work done before Oct 2008 not eligible for 50% ARRA funding is $26,563.35 / leaving $1,591,676.35 eligible for 50% ARRA funding. The Town will pay back 50% of $1,591,676.35 + $26,563.35 totaling $822,401.53.
Ken moved that the Board vote to approve and sign, or authorize the Town Clerk / Treasurer to sign if appropriate, the following documents as part of the bond financing documents for the State Revolving Loan for the wastewater treatment facility upgrade project: Resolution and Certificate, Loan Agreement, General Obligation Bond, Certificate of Registration, Tax Certificate and IRS Form 8038-G. These documents authorize the Town to borrow up to $1,591,676.35, which is discounted to $795,938.17 due to receipt of ARRA funding from the Federal government. Second by Howard and approved. Andrea noted that the bond is being repaid from user fees not tax dollars.
Thistle Hill Development Phase 2 Escrow Agreement: Draft copy of the Escrow Agreement for Phase 2 was reviewed by Rocky and the Board.
Howard asked if during the warranty period significant modifications or improvements need to be done does that change the warranty period. Rocky explained that as written the warranty period will not change. If applicable the Town can state they are not satisfied with the road. Randy pointed out the road will be inspected and approved by the Town before the Town accepts and the warranty period begins.
Howard asked about the trails connections that go with the project. Rocky said that is not laid out in this agreement and he will check on it.
The Board questioned how the Certificates of Occupancy will be issued as the project progresses.
Randy pointed out the Board has requested written approval by the Town Agent for signing an escrow agreement. Rocky and Jeanne said they have asked for this and will ask again.
Rocky will bring agreement back to the Board with clarifications requested.
Ancient Roads Research / Discussion of Public Comment from 12/7/09 Meeting and Discussion of Next Steps: Jon spoke about why there was research into ancient roads, the Ancient Roads committee’s presentation to the Selectboard and decision by the Board to hold the public meeting on 12/7/09.
Jon said he believes it is good to have trails in Town and connectivity of properties. He added he sees no reason for the Town to add these as class 4 roads and is not in favor of doing so.
Andrea said we should look at the reason the Legislature created this opportunity, it is an exercise to gather information and clean up any possible future property disputes. The Town should consider how important these roads might be for the future. If we do not put on the maps as class 4 roads we need to understand the difference between doing nothing and putting on the maps as unidentified corridors.
Howard said if the Board takes no action they will fall into the unidentified corridor category.
Ken agreed with Andrea’s comments.
Howard said he is inclined to do nothing at this time which does not preclude additional discussion. The two roads off Baldwin Rd could have potential connectivity benefit. To do nothing will allow the Town extra time to investigate and talk to effected landowners.
Randy is in favor of discontinuance of all 6. He feels it is wrong for the Town to take advantage of this situation; trails should be created in cooperation with landowners.
Andrea asked if the Town can discontinue a road after the Feb 10, 2010 deadline. If so, that would allow more time to gather information.
Dennis Casey was present to represent Grace Casey, his mother. “Lost Wood Lot Rd” runs through her property. Dennis read public documents relating to discussions between the Trails and Ancient Roads Committee members. He said his mother was never notified through the investigative process that there was a road on her property. He believes according to the information in the correspondence he read there is no reason for the Town not to discontinue Lost Wood Lot Rd.
Colin McNaull said he and neighbors had been crossing the Casey land for years to access other land and trails. After a particular incident the land was fenced off to prohibit crossing. He feels doing nothing is the worst case scenario. As an unidentified corridor Lost Wood Lot Rd is mute as it was not being used by the public.
Bill Lippert said one road appears to cross his property off Baldwin Rd. He believes the Legislatures intention was to resolve unanticipated legal encumbrances in the future. He encourages discontinuance of all the roads.
Ruth Ayer supports discontinuance – not to do so sets a negative tone for the Town.
Howard responded to Dennis’ comments, specifically Dennis inferring there is a conflict of interest. If the Board feels there is a conflict Howard said he will step out of any decision making.
Andrea said the fact that during this process the discovery that many Town roads are actually 4 rod roads not 3 needs to be acknowledged. She feels there is public good served by acknowledgement of this, and how does the Town assert that.
Jon said no action is needed other than to let people know.
Lenore Budd said the role of the Trails Committee is expressed in the Town Plan stated desire for a network of trails. When they became aware that the Ancient Roads Comm was doing this research they saw it as a potential opportunity.
Ken moved the Board vote to warn a Public Hearing for January 18, 2010 to discontinue the 6 roads identified as Ancient Roads by the Ancient Roads Committee. Second by Andrea and approved.***
Other Business
Approve Warrants: Andrea moved that the Board vote to approve the warrants (including payroll warrants) for bills payable as presented by the Town Treasurer. Second by Randy and approved.
Minutes of November 23, 2009 Budget Meeting: Ken moved that the Board vote to approve the minutes of the November 23, 2009 budget meeting as amended, second by Howard and approved with Andrea abstaining.
Minutes of December 7, 2009 Meeting: Howard moved that the Board vote to approve the minutes of the December 7, 2009 meeting as amended, second by Ken and approved with Randy abstaining.
Minutes of December 14, 2009 Budget Meeting: Howard moved that the Board vote to approve the minutes of the December 14, 2009 budget meeting as amended, second by Andrea and approved with Randy abstaining.
Request from Hinesburg Land Trust to Convey 4.14-Acre Parcel to the Town: HLT would like to convey a portion of its property on Gilman Road to the Town. The 4.14-acre parcel has been approved as part of the subdivision of the 22 acres owned by HLT. It is surveyed and a deed has been prepared. HLT is donating this land to the Town to be added to the LaPlatte Headwaters Town Forest and it will serve as the parking area and trailhead. At this time the parking is informal and no improvements have been made other than a temporary fence to keep vehicles from driving in the meadow. The deed has been reviewed by Attorney Joe Fallon for the Town, and a revised deed has been prepared and approved by Attorney Fallon. Howard moved that the Board vote to accept as Town property a 4.14 acre parcel of land on Gilman Road, identified as Lot 2 on the “Survey & Subdivision of the Lands of the Hinesburg Land Trust” prepared by McCain Consulting, Inc. and dated July 6, 2009. Second by Ken and approved. Andrea recused herself on this item.
*** Note – subsequent to the meeting, it was discovered that a 30-day notice period is necessary for the public hearing, making this motion inapplicable. The Board will revisit the discussion of a hearing date at the next meeting.
Review and Authorization of Trails Committee Grant Application / Vermont Recreation Trails Grant Program: The Trails Committee has prepared a grant application for the Vermont Recreation Trails Grant Program requesting $495 in grant funds for the purchase of a GPS receiver, software and digital maps to assist the committee in inventorying and mapping existing trails, as well as to map potential new trail connections. There is no local match required for this grant program. Howard moved that the Board vote to approve and authorize the Town Administer to sign the Vermont Recreation Trails Grant application prepared by the Trails Committee for purchase of a GPS receiver, software and digital maps. Second by Andrea and approved.
Road Cut Permit Application / Hoke & Quackenbush on Burritt and Baldwin Roads: There are two permits associated with this subdivision, as follows:
Permit #1 is for a private road off Baldwin Road to access five parcels;
Permit #2 is for expanded use of an existing driveway off Burritt Road to access an additional parcel (after improvements, driveway will access two parcels).
The subdivision has received final approval from the Development Review Board. Howard moved that the Board vote to approve the road cut permit #1 application for Stephen Hoke and Robert Quackenbush on Baldwin Road and Burritt Road (a subdivision of Tax Map #08-01-73.00) as outlined in the permits dated 6/23/08, subject to the terms and conditions placed on the permit by the Highway Foreman and all state and local permits governing the development of this parcel. Second by Ken and approved. Andrea moved that the Board vote to approve the road cut permit #2 application for Stephen Hoke and Robert Quackenbush on Baldwin Road and Burritt Road (a subdivision of Tax Map #08-01-73.00) as outlined in the permits dated 6/23/08, subject to the terms and conditions placed on the permit by the Highway Foreman and all state and local permits governing the development of this parcel. Second by Howard and approved.
Other Board Member Items – The Board discussed the idea of applying for a grant to enhance ridership of CCTA, possible parking area with shelter to help make it successful in Hinesburg.
The Board discussed the Silver St bridge project / location of temporary bridge and design for pedestrian traffic on the bridge.
Jeanne updated the Board regarding the Baptist Lot in Town and the fact that the lot will be taxed.
Andrea moved the Board go into executive session including Jeanne Wilson for Discussion of Personnel and Legal Issues, second by Howard and approved.
Andrea moved the Board come out of executive session and adjourn, second by Howard and approved.
Respectfully submitted,
Valerie Spadaccini, secretary