Town of Hinesburg
Selectboard Meeting
Meeting Minutes
June 20, 2011
Attending the Meeting: Jon Trefry, Andrea Morgante, Mike Bissonette, Randy Volk, Ken Brown, Joe Colangelo, Alex Weinhagen via conference phone, and attached list of residents.
Meeting called to order at 6:50 p.m.
Randy moved the Board go into executive session including Joe Colangelo for discussion of potential land acquisition. Second by Andrea and approved.
Randy moved the Board come out of executive session, second by Andrea and approved.
Alan Caswell was present with a concern on an issue regarding the Police Department. He owns a camp on Lake Iroquois, in 2006 he had a problem with a trespasser. He spoke to the Chief in 2006 and was advised he had the right to put up “no trespassing” signs. He has been in touch with the current Chief regarding his trespassing problem and was told he needed the permission of his three neighbors to get a trespasser off his land.
Joe Colangelo said he spoke with Alan about this and thought the issue was resolved. Alan stated that Frank Koss is still stating the need for the three neighbors to give permission.
Jon Trefry and Joe Colangelo said the problem will be looked into and Joe said he will get back to Alan on this.
Introduction of 2 New Town Employees:
Brian Mattison, new Wastewater/Water superintendent
Chad Fischer, new Highway Maintainer II
Joe noted after he and Rocky completed the interview for the Wastewater / Water Superintendent position, Brian Mattison stood out because of his professionalism, pleasant demeanor, and his mechanical background. His references all raved about him and it was clear that that Brain was the best pick.
For the past two (2) years, Brian has worked in Richmond’s Water Resource Department. Prior to that he worked for Saputo for nine (9) years where he rose to the rank of Assistant Wastewater Chief. Brian is part of Vermont’s 2011 OPs Challenge Team that will compete for the national title in October. He was a member of the Bristol Rescue Squad from 1997 to 2009 and served as an EMT-I and a Crew Chief. He is on the Board of Directors of the Green Mountain Water Environmental Association. He has his Grade 3 Wastewater Certification and Class 3 Water Treatment Certification.
The Town has also extended a job offer to Chad Fischer of New Haven, VT, for full-time employment as a Highway Maintainer II.
Andrea moved to authorize the Chair to sign the employment offer letters to Brian Mattison and Chad Fisher. Second by Mike and approved.
CCTA Update report from Karla and Jon: Green Mountain Transit Authority/CCTA merger will take place July 1, 2011. GMTA will retain their name and their present routes but will operate under CCTA.
As a result of this merger, Hinesburg and all but one member municipality will have only one Commissioner as of 7/01/11.
New shelters with solar lighting and glass sides - 12 solar lighting systems have been installed with another 10 scheduled to be completed by the end of June.
CCTA Next Bus System - CCTA plans to award a contract for a real time passenger information system by June 1, 2012. This system will be displaying the next arrival times of buses at key stops, on the web and from mobile devices. It will also provide live information to optimize on time performance.
Wi-Fi has been installed on commuter link buses.
Transit Development Plan - After about two years of information gathering and public process, the CCTA Board adopted a ten-year plan to continue improving the services. This plan was approved and a committee was formed to go to Selectboards and Planning Commission meetings to engage local bodies in the envisioned improvements. This project has not been pursued due to the efforts to complete Union contract negotiations and looking for a new GM. The committee will be resurrected in FY12.
Union Negotiations - After negotiations which lasted from the spring of 2010 to the spring of 2011, a new three-year contract was duly ratified on May 25th.
General Manager - Chris Cole resigned as GM, Meredith Birkett is now Acting GM, and there is a search underway for new GM.
Merger of CCMPO and CCRPC - CCTA would like to become a voting member of the joined CCMPO and the CCRPC.
Bus Update - Meredith, Aaron, Ann Jones-Weinstock, NRG, Michelle Boomhower, CCRPC, and Karla testified before House and Senate Transportation Committees requesting CMAQ funding. The Agency of Transportation stated their intent to reallocate existing transportation funds for new CMAQ route grants for the possibility of two, new startup bus routes. CCTA would apply for a competitive grant for Hinesburg service. They should know by fall. If CCTA wins grant funding, bus service could start by Feb. 2012.
New Downtown Transit Center - An agreement was signed with Vanasse Hangen Brustin, Inc. for professional services. An Advisory Committee was formed with 10 members and the first meeting was June 7th. This committee will review possible sites and the Board should select one by Dec. 31, 2011. Then Environmental Analysis, Preliminary Engineering, Final Design, Land Acquisition/Relocations, and then construction hopefully to be completed by March 31, 2015.
ADA change in policy - ADA service is available wherever there are non-commuter fixed routes. Usage and costs have been going up drastically for member towns. CCTA’s eligibility policy has traditionally been very generous. SSTA, which provides these services under contract, has inefficiencies in the scheduling process due to the growth in ridership and the lack of computerization. New software will be purchased to help with these scheduling issues and a more detailed application process will be implemented requiring third-party documentation of disability by a licensed medical or mental health profession as well as general info about functional ability. The ADA eligibility application will change this summer and other ADA changes such as “Travel” training to help and educate people to ride the bus if at all possible and will be phases in over the next year.
FEMA Flood Regulation Map: At their 4/13/2011 meeting, the Planning Commission (PC) voted to forward another Zoning Revision proposal to the Selectboard. This package of changes deals with necessary revisions to our flood hazard regulations so that our community can remain enrolled in the National Flood Insurance Program (NFIP). The cover page of the track change document indicates which sections were revised – primarily it was Article 6.
The Selectboard rejected a 2010 PC proposal to revise these regulations. The Board gave the PC feedback on what needed to be adjusted, and this second proposal was modified accordingly. This second proposal allows more flexibility for case-by-case review of development in less dangerous portions of the flood hazard area. It does so by requiring that such proposals demonstrate there will be no undue adverse impact based on several criteria.
The new NFIP flood hazard maps go into effect on July 18, 2011. FEMA has informed us that we need to update our flood hazard regulations by that date, or risk suspension from the NFIP. The required public hearing has been scheduled for the Board’s July 11 meeting. If all goes smoothly, you could adopt the revised flood hazard regulations after the conclusion of the public hearing at your July 11 meeting.
The State Flood Hazard Mapping Coordinator (Ned Swanberg) recently reviewed the Town’s proposed flood hazard area regulation revisions for compliance with the National Flood Insurance Program (NFIP) minimum requirements. According to his review, the proposed language forwarded to the Board on 6/10/11 generally meets the minimum requirements, but needs three minor changes to pass NFIP muster. These are all changes in the definitions section (Section 10.1), as detailed below:
1. Land Development definition – Add the following sentence to the end of the definition to help clarify how the term is used with regard to the flood hazard regulations versus the rest of the zoning regulations. “For Article 6 only, utilize ‘Development’ definition instead.”
2. New Construction definition – Add the following language to the existing definition. “As used in Article 6 only, new construction means structures for which the start of construction commenced on or after the effective date of the floodplain management regulation adopted by the community and includes any subsequent improvements to such structures.”
3. Recreational Vehicle definition – Instead of simply referring to our existing “Camping Vehicle” definition, include the formal NFIP definition of recreation as follows. “With the exception of Article 6, see ‘Camping Vehicle’ definition. As used in Article 6 only, recreational vehicle means a vehicle which is: (a) Built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) Designed to be self propelled or permanently towable by a light duty truck; and (d) Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.”
Jon asked about the changes with respect to special needs town wide – he feels should be more specific to the Village Growth area. Ray Mainer responded that the Planning Commission discussed that and felt to be fair the regulations should apply Town wide.
Jon and Randy both said they find the definitions confusing as written, specifically Flood Hazard area and Floodway.
Alex said these are two specific areas – see page 93 section 6.4 – floodway is written within the special flood hazard area. The Board asked to change 6.4.1 to add Floodway is part of the Special Flood Hazard area.
Jon asked about page 95 section 6.7 – if the Town were to build the West Side Road is that allowed in that area.
Alex said it is – see section 6.7.2 (7) and (8).
Mike asked about 6.7.2 (3) – why not just note parking areas, why for existing structures. Ray replied it is because a structure may get washed away. Ray noted that it has been demonstrated that if you fill in wetlands it will just move the flood hazard area.
Mike said it appears this would impact a very small area and Alex said the language indicated relates to the amount of fill or development proposed. Jean Isham pointed out the Town has a legal responsibility that needs to be protected. If there is no restriction on fill which results in flooding a neighbors property and there are no regulations the Town is liable.
Randy asked about the wording on page 93 section 6.2 #3 – he would like to change “does not impair” to “does not create undue adverse impact”.
Mike asked about page 96 section 6.9.2 conditional uses – this accommodates parking areas for existing structures – parking for recreational is not clear. This was addressed by removing the wording “which are functionally ……to end of sentence” in 6.9.2 (9).
Page 98 section 6.12.1 (5) (c) “A demonstration of no undue adverse……………………..licensed civil engineer”.
Randy asked if it is even possible to meet that level of criteria. Alex pointed out later in that paragraph it refers to a “simple certification from a …………” He said that is the intent of this requirement.
Jon requested the change be made to the Village Growth area and to leave the rest of the Town as is.
Randy asked if in the regulations there is the ability to mitigate by improving some other area they have control over that would result in a net zero impact. Alex said that is a possibility.
Randy also asked if the proposed regulations are above and beyond the minimum required by FEMA. Alex said they are as Hinesburg is including fluvial erosion hazard areas and no undue adverse impact (see pg 98) in some ways.
Board members agreed to go ahead with the public hearing with the changes to the regulations requested at the meeting tonight.
Champlain Oil/Jiffy Mart Wastewater Allocation Request: John Pitrowiski was present to review the project and the request.
COCO is looking for a reduction (elimination) in the Allocation Request for 3022 gpd – 2724 for Jiffy Mart and 1054 for infiltration, for a total allocation of $35,992.02 (3022gpd x $11.91).
The Board asked John if he had a cost estimate as requested when they met last. John said it will cost approximately $350,000 for water and sewer for design, permitting, construction and allocation which when broken down is $123.00 per gallon of sewage.
Jon noted the allocation has been approved and the question to be discussed is the fee.
Andrea asked John if the infiltration was calculated on the 3000 feet of new line and is the formula based on the length and age of pipe. John said it is and added that about 30 to 50 feet going out from the manhole will all be new lines and depending on the condition in which they find the existing lines there may be more new line required.
Jon said there is definitely a public safety benefit of having an 8” water line and would like to investigate the possibility of using the Public Safety impact fee fund to help reduce costs.
Randy moved the Board vote to eliminate the portion of the allocation fee attributed to the infiltration contingent on clear evidence that the issues between neighbors has been resolved; this would amount to a $12,553.14 reduction for Champlain Oil and Wayne Bissonette. This notes the significant public and infrastructure improvements by Champlain Oil and Wayne Bissonette. Second by Andrea and approved with Mike abstaining. Jon wanted it noted that discussion on this has not ended and would like to investigate further the possible use of Public Safety impact fees.
Bradley Wainer Wastewater Allocation Request: Brad explained he does not have enough land to build a mound system to correct the discharge problem. The house is on Town water.
Randy moved the Board vote to grant Brad Wainer sewer allocation of 210 gpd for his residence on Shelburne Falls Road. Second by Mike and approved.
Redstone Wastewater Allocation and Payment Schedule: Redstone is seeking a wastewater allocation request of 7100 gal per day, split up between VT Smoke & Cure (5600) and Green Mountain Organic Creamery (1500). Rocky has reviewed the request and recommends approval with conditions.
Redstone also has requested to pay the allocation fee of $84,661 over seven (7) years. This would amount to an annual payment of $12,094.43. This proposal from Redstone coincides with the terms of the leases (7 and 10yrs respectively).
The question was raised – what if the tenant leaves before the allocation is paid for. Andrea noted it is the landowner’s obligation to the Town not the renters.
The $12,094.43 would be paid quarterly and if not paid on time will be subject to fees and interest the same as other wastewater users. Allocation stays with the building and the property owner.
Joe recommends the Selectboard allow Redstone to pay the allocation over seven (7) years. The Town has worked hard to make this site economically viable since the fire. During the CDGB Hearing Joe stated to the Board that the Town is working with the developer to find ways to make the project as economically viable as possible. Joe believes spreading the payment out for seven (7) years shows a strong willingness on the Town’s part to encourage healthy development at this location.
Randy moved the Board vote to approve the Wastewater Allocation request of 7,100 gpd for Doug Nedde, Redstone and collect the allocation fee of $84,661 over seven (7) years billed quarterly according to the terms and conditions of agreement, subject to review by the Town Attorney and acceptance by the Selectboard. Second by Ken and approved.
Wastewater Reserve Allocation: Once a year, in accordance with the Allocation Ordinance, the Selectboard must approve the Uncommitted Reserve Capacity for the following year. Rocky’s report shows that Hinesburg’s WWTF has the capacity for 38,742 gallons per day for Residential; and 16,604 for Enterprise Capacity. This 70-30 split comes from a recommendation by Alex.
The Testing Results shows the average infiltration and maximum infiltration over the past year. Also included is the average BOD. TSS, and Phosphorous levels. Hinesburg did have one (1) Phos. Violation in March where the average mg/l was above the Permit Limits/Standards.
Also to note the Ammonia Levels. Considered toxic above 5.96ppm, Hinesburg’s numbers clearly exceed that. We are hopeful that the sludge removal will have a positive impact on these levels. Ammonia levels are tested June, July, August, and September. Ammonia level standards are not part of the permit now, but probably will be in the future.
Ken moved the Board vote to adopt the uncommitted reserve capacity of wastewater report for FY 11-12 per 6/11/11 report by Rocky Martin. Second by Andrea and approved.
Wastewater and Water Rates: The Wastewater Budget was set without the $49,200 debt service that will be needed to pay back the upgrade project. Therefore, the rates need to be adjusted to bring in the additional revenue. Rocky gives the Selectboard two (2) options.
1) $40/ QTR Flat Fee + $.0443/cu ft
2) $64/QTR Flat Fee + $0.027/cu ft
The current rate is $40/QTR Flat Fee + $0.027/cu ft. Alternative 1 places a larger financial burden on the largest users of the system, because the price per cubic foot is greater than Alternative 2.
Alternative 2, in my opinion, more justly distributes the extra cost associated with the upgrade project to all the users of the system, because the upgrade benefits all users equally; however Alternative 2 places more of a financial burden on the common user of the system and is more beneficial to the largest users of the system.
Ken moved the Board vote to approve alternative 2 and charge wastewater customers a fee of $64 flat fee and $.027/ cu ft for FY 2012 for each quarterly billing cycle and $64 flat fee and $40 usage fee per unit for unmetered. Second by Randy and approved.
The Water Rates pose less of a difference in the two (2) alternatives.
1) $70 Flat Fee + $0.0375/cu ft
2) $72 Flat Fee + $0.035/ cu ft
The current rate is $70/QTR Flat Fee + $0.027
The difference in the rate structures is negligible. Ken moved the Board vote to approve alternative 2 and charge water customers a fee of $72 flat fee and $.035/cu ft for FY 2012 for each quarterly billing cycle and an unmetered rate of $72 flat fee with a $52 usage charge per unit. Second by Mike and approved.
Sign with VLCT to be Broker of Record for Health Insurance: The VLCT Health Trust Board of Directors recently voted to bring health insurance carrier choice to the membership beginning with the January 1, 2012 renewal. This means that instead of the Health Trust aligning with a single carrier to provide health insurance products to all members, each member will now have the ability to purchase coverage from any carrier in the Vermont health insurance marketplace. The Heath Trust has partnered with Hickok & Boardman Group Benefits (HBGB) to facilitate this process.
In other words, the Health Trust is will no longer be a ‘pooled’ trust; rather it will operate as a Broker on behalf of Vermont municipalities.
For Hinesburg, since we are an ‘Under 50 Group’, rates will be the same no matter who is our Broker of Record. This is because the Banking, Insurance and Securities Commission set the rates uniformly for Under 50 employers. Joe recommends Hinesburg commit to staying ‘With the League’ because of the relationship that has been established over the years.
Hinesburg employees will be able to have access to CIGNA, BCBS, and MVP insurance options starting January 1, 2012. Representatives from VLCT will come to Hinesburg to explain the options and changes to staff in the near future.
Randy moved the Board vote to approve the Town Administrator signing the Broker of Record Agreement with VLCT. Second by Andrea and approved.
Town Administrators Report:
Trails Committee – Andrea moved the Board vote to appoint Jim Goldsmith to the Trails Committee with a term to expire on January 1, 2013. Second by Jon and approve.
Smoke & Cure Grant Application – Chris Bailiy and Joe made the pitch for the $525,000 CDBG loan for VT Smoke and Cure/Hinesburg on June 9 in Montpelier. Results should be known before June is over.
Special Projects Manager – Joe is working on the job description for a 20hr per week staff position to attend to some odds and ends projects to take some of the administrative burden for him and Rocky.
Police Advisory Committee First Meeting – First meeting was held tonight.
Phone System – We continue to look at a completely wireless system; however, Al Barber has informed Joe that we need to have some landline options for emergency purposes. AT&T provided an iPhone tester for staff to use. It worked well. We continue to work to get a quote from AT&T reps.
Open Records Policy – The Police Department has now adopted a policy to better handle requests for open records. It is the same policy as South Burlington. This policy will give us a template so to better handle open records requests pertaining to those under 18.
Mower - Mike submitted request for approval of $32,840 to purchase mower for the Highway Department from HP Fairfield. This if for the FY2012 budget that starts on July 1. $35,000 was budgeted. The Board request purchase of the mower is put out for bid.
Lot 15 Progress Report – public presentation will be at the next Selectboard meeting.
OTHER BOARD ITEMS:
Ken would like to continue discussion of Town Manager form of governing at a future meeting.
Mike Bissonette asked the Board to consider a “retreat” type meeting for the Board to allow ample time to discuss some subjects they are dealing with.
Ken moved the Board vote to approve the minutes of June 6, 2011 as amended, second by Andrea and approved.
Randy moved the Board vote to approve the warrants, including payroll warrants for bills payable as submitted by the Town Treasurer. Second by Mike and approved.
Ken moved the Board go into executive session including Joe to discuss personnel issues. Second by Andrea and approved.
Ken moved the Board come out of executive session and adjourn, second by Andrea and approved.
Respectfully submitted,
Valerie Spadaccini, secretary