Selectboard Meeting

July 14, 2008

Attending the meeting; Jon Trefry, Andrea Morgante, Randy Volk, Howard Russell, Jeanne Wilson, Hank Lambert.

Jon called the meeting to order at 6:15 p.m.

Hank Lambert Mediation / Update on Personnel Issue:  Ken moved that the Board vote to go into executive session with Hank Lambert of Lambert Mediation to discuss a personnel issue, second by Randy and approved.

Randy moved that the Board vote to come out of executive session, second by Ken and approved.

Joining the public meeting at 7:00 were; Lloyd Seemann, David and Barbara Lyman, Marie Gardner, John King, Dennis Place, Gary Kessler, Rocky Martin.

Municipal Wastewater System Use Ordinance – discussion and review.

Howard asked about setting a time frame to make any corrections after which the fine will be implemented.  All agreed to accept the change Rocky noted in his memo for section 4.09.  Also referred to was section 6.11 which addresses industrial use and the ability to terminate service.

Randy questioned section 4.07 in regards to the mention of elevation below the basement floor.  It was agreed to strike the first sentence in the section.

Section 4.11 referring to clean outs.  Randy felt the language cumbersome.  It was agreed to keep the reference to length of pipe and degree of bend and include verbiage that states clean outs provided as approved by the Town. 

Section 4.13 replace the term plumber with qualified person.

Section 4.15 Add language to the end of the paragraph “in accordance with appropriate permits”.

Lloyd Seemann asked if the Town is using terms such as appropriate, will there be a definition of what is appropriate so one knows what appropriate is.   The Board replied that appropriate refers to specific permits.

Agreed to remove Section 11.04 pavement cut fee under Other Charges and Fees as section 4.15 includes need for a road cut permit if working in the Town right of way.

Section 10.01- Jeanne will check out the requirement 40CFR 35.2140 to see what it relates to.

Ken asked about special rate agreements with an industry (i.e. Saputo) – this is addressed in 10.01.

Appendix 1 will use current rates with removal of pavement cut fee.

Andrea asked about article 5 and extension to the system in regards to current customers.  Rocky said that is addressed in 12.06 and 12.07. It was agreed to add to 12.07 a reference to the allocation maps.

Lloyd asked if the revised ordinance will be on the Town’s web site.  Jeanne said she will be sure it gets put on.

Jon asked about sections 6.05, 6.06 and 6.07.  It was agreed to include all three paragraphs under 6.05.

Lloyd asked about the bond proposal.  Randy advised him the hearing on the ordinance is a separate issue and there will be a public hearing on the bond vote and upgrade. Lloyd is concerned about those in the service area being forced to connect to the system if they chooses not.

Gary Kessler, Green Mountain Stage Race / Request for August 30th Cycling Stage Race in Hinesburg – Gary explained to the Board his request to hold a stage of the race in Hinesburg starting at CVU and how the event is run.  The Board was in favor of this and suggested Gary get in touch with CVU to find out what school events might be scheduled for that day.

Public Hearing on Capital Budget and Capital Program:  Jon opened the public hearing at 8:18 p.m.  Jon closed the public hearing at 9:00 p.m. Howard moved that the Board vote to adopt the Town of Hinesburg Capital Budget and Capital Program, dated July 14, 2008.  Second by Randy and approved.

Dennis Place / Property Tax Penalty Issue – Dennis said about a month ago he received a bill for $3,800 from the State of Vt stating that amount was overpaid on is rebate.   He owns two homes on Place Rd and the properties are contiguous.  The tenant in the house he rents applied for the renters rebate which triggered the action.  Dennis said the issue is that the properties had not been separated and the State believed it to be one property.  They questioned the Town on the value of the property and about the tax bill.  Dennis had a grievance hearing and was notified of house site value change.  The notice from the State was received on June 12 and he has till Aug 12 to get this straightened out.

Marie Gardner said a mistake was made in listing the value at $560,000 / it should have been $304,900.  She said the listers rely on people to report to the State if it is rental property, it is a State rule that contiguous properties be billed as one property.

Jon asked Dennis if he is asking the Board to agree that the Town is liable to reimburse him due to error on the part of the Town.  Dennis said that is what he is requesting.  

Dennis will contact his accountant to get the information that was reported on the HS122 form as that may have triggered this situation.    

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 Howard and approved.


Minutes of June 30, 2008:  Randy moved that the Board vote to approve the minutes of June 30, 2008.  Second by Howard and approved.

Set Property Tax Rate for FY 08 – 09:  Howard moved that the Board vote to set the Property Tax Rate for the fiscal year beginning July 1, 2008 at $1.7821 / $100 valuation for the Homestead Tax Rate and $1.7959 / $100 valuation for the Non-Residential Tax Rate (Municipal Tax Rate = $0.4472, State Homestead Education Tax Rate = $1.3339, State Non-Residential Education Tax Rate = $1.3477, Local Agreement Tax Rate = $0.0010).  Second by Ken and approved.

Discussion of Lincoln Hill Historical Marker  - The Board will do a site visit in Aug to look at the proposed locations for the marker.

Resignation from Recreation Commission / Kristin Kany:  Kristin Kany will be moving to Burlington as of July 12, and will no longer be a Hinesburg resident.  Howard moved that the Board vote to accept the resignation of Kristin Kany from the Recreation Commission effective immediately.  Second by Andrea and approved.

Discussion of Wastewater Capacity Allocation Fee – Rocky has more information for the Board to look at before making a decision.

Discussion of Compensation for Delinquent Tax Collector – Jeanne will check again if this position can be done away with and then salary for the job can just be included with the Town Clerk’s salary.   Andrea moved the Board vote to apply the 3.51% increase to the delinquent tax collector salary.  Second by Howard and approved. 

Decision and Order on Acceptance of a Portion of Ballard’s Corner Road:  Howard moved that the Board vote to sign the Decision and Order dated July 14, 2008 for the acceptance of a segment of Ballard’s Corner Road as a Class III Town Highway, and submits the signed Decision and Order to be recorded by the Town Clerk.  Second by Andrea and approved.

Discussion of Adoption of Revised Employee Personnel Manual:   Howard moved that the Board vote to adopt the revised Town of Hinesburg Personnel Manual, originally adopted August 30, 1993 and last revised July 14, 2008.  Second by Ken and approved.

Other Board Member Items – Randy reported that he, Jeanne and Howard met with Saputo and presented the Town’s new rate structure for wastewater.  Saputo will get back the Town with their response.

Howard moved the Board go into executive session for Discussion of Legal & Personnel Issues, second by Andrea and approved.

Howard moved the Board come out of executive session and adjourn, second by Andrea and approved.

Signed by the Selectboard were;

Policy on Waiver of Zoning Fees / Approved at June 30 Meeting

Capital Equipment Refunding Note and Resolution / 2006 Highway Dump Truck / Approved at June 30 Meeting

Upcoming Meetings

Monday, July 28th 7:00 Public meeting and adoption of WW Ordinance

FY 07 – 08 reserve funds

Work Session on Village Zoning Bylaw

August meeting schedule – Monday, August 11 and Monday, August 25

Respectfully submitted,

Valerie Spadaccini, secretary

Copyright © 2008 Town of Hinesburg, Vermont.