August 25, 2008
Attending the meeting; Jon Trefry, Andrea Morgante, Ken Brown, Randy Volk, Howard Russell, Jeanne Wilson, Rocky Martin, Bud Allen, Jim Barlow, Alex Weinhagen, Sylvia Geiger, Robert Millikin, Richard Watts, Allison Cleary, Scot Shumway, Charles Kogge, Clifford Brody.
Meeting called to order at 7:00 p.m.
Town Attorney Bud Allen / Discussion of Legal Issues: Howard moved that the Board vote to go into executive session with Town Attorney Bud Allen, Director of Buildings & Facilities Rocky Martin and Town Administrator Jeanne Wilson in order to discuss legal issues. Second by Randy and approved.
Andrea moved that the Board vote to come out of executive session, second by Howard and approved.
Jim Barlow, VLCT Senior Staff Attorney / Telecommunications Facility Regulations
This was an informational presentation, to provide members of the Selectboard and Planning Commission with information on what the town can and cannot do regarding cell tower regulations. Jim gave an overview of municipal regulations of wireless telecommunication facilities and operations including Federal law and Vermont local zoning requirements.
Jon asked about placing a moratorium on constructing a facility. Jim said he would not recommend this. Different districts have come to different conclusions on allowing a moratorium. This has not been questioned in Vermont to date.
Scott Shumway asked about the de minimis application review referred to. Jim said this puts a large burden on the Town to prove.
Richard Watts asked about encouraging location on a certain site in Town. Jim stated if the Town wants to do this you need to do the studies to justify the limitation.
Allison Cleary asked about co-location. Jim said if the aesthetic impact is made worse by co-location you could encourage multiple sites.
Charles Kogge said we need better cell phone service in Hinesburg and suggested an independent study to determine the best location to put towers and take a positive approach to cell towers and also windmills.
Jon stated the Selectboard is not opposed to cell towers and they had an approved site in the past but the project never happened.
Alex said he has contacted other municipalities in Southern Vermont, Bennington area. Shaftsbury hired a consultant to find the best location and the cell companies then did their own study and came up with different sites.
Richard asked Jim if he knew of any towns that were benefiting financially from towers. Jim replied not to his knowledge.
Work Session on Village Growth Area Rezoning
Review picked up with Energy & Green Building Standards.
Standards: item 2 – the Board wanted to know the cost to obtain the scorecard. Alex said the planning commission did not ask but he could get a copy and associated costs.
Permitted use bullet items – remove 3rd bullet item on page 36.
Modify other zoning sections to: Specifically allow for (strike the words and encourage) highly reflective roof colors…………
Also modify subdivisions regulations; change shall to should.
PUD: remove any reference to PRD’s
PUD: under purpose change achieve one or more objectives to two or more. 4.5.1 (2) add wording acknowledge public benefit / 4.5.6 (6) transferred to portions of (add the words the same) parcel in a surrounding…… / 5/8 (e) need to define the term, established trail networks.
Landscaping standards; Purpose: add the words non-invasive to preferably native species.
Landscape plan #3 add planting specifications.
Landscaping standards: #4 correct the dollar amounts to correctly reflect the percentages.
Off-street parking standards
Section 5.5.4 remove #5
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 August 11, 2008: Randy moved that the Board vote to approve the minutes of August 11, 2008 as corrected. Second by Howard and approved.
Resignation from Planning Commission / Rodman Cory: Howard moved that the Board vote to accept the resignation of Rodman Cory from the Planning Commission effective immediately. Second by Ken and approved.
Review of FY 09 – 10 Budget Meeting Schedule / Board agreed to the schedule and will add meetings if necessary.
Update on Beecher Brook Study / Andrea Morgante – Andrea informed Board about several options that may be proposed through the Beecher Brook study by the Laplatte Watershed Partnership consultants. The consultants developed three possible ideas to deal with the erosion problem on Town land: 1) could have the Town grant an easement along the brook and state that the Town will not do anything with the area 2) the berms could be removed 3) the vegetation could be cut down and left to lay in the area. There will be more information at a future date.
Corrections to Approved FY 08 – 09 Tax Rate: Due to a change in format provided to the Town by the Vermont Department of Taxes in the “Notice of Education Tax Rates for Fiscal Year 2009”, the Education Homestead Tax was inadvertently substituted for the Education Non-Residential Tax in the tax rates set by the Selectboard at the July 14, 2008 Selectboard meeting, and vice versa. This changes the Homestead Tax Rate from $1.7821 to $1.7959 and the Non-Residential Rate from $1.7959 to $1.7821. Andrea moved that the Board vote to correct the tax rate set at the July 14, 2008 Selectboard meeting as follows: to set the Property Tax Rate for the fiscal year beginning July 1, 2008 at $1.7959 / $100 valuation for the Homestead Tax Rate and $1.7821 / $100 valuation for the Non-Residential Tax Rate (Municipal Tax Rate = $0.4472, State Homestead Education Tax Rate = $1.3477, State Non-Residential Education Tax Rate = $1.3399, Local Agreement Tax Rate = $0.0010). Second by Howard and approved.
Pond Road Closing on 8/26 & 8/27 for Road Construction: Randy moved that the Board vote to authorize the highway department to close Pond Road between Place Road East and Pond Brook Road from 8:00 am to 4:00 pm on Tuesday, August 26 and again on Wednesday, August 27, 2008, for the purpose of installing culverts in preparation for road paving. Second by Howard and approved.
Road Cut Permit / Peter & Matthew Baldwin on Baldwin Road: This request is for a road cut for farm access. There is no current application for residential development on this drive; however this is a possibility in the future. Ken moved that the Board vote to approve the road cut permit application of Peter & Matthew Baldwin for a road cut for farm access on Baldwin Road (Tax Map # 11-01-05.00) as outlined in the permit dated 8/19/08, 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.
Correspondence from Lincoln Hill Road Residents / E-9-1-1 Addressing – The Board was in agreement to continue with the State recommendation that drives with three or more residences need to be named as a private road. Jeanne will send a letter of response.
Other Board Member Items
Andrea noted the passing of prior Selectboard member John Guttler and also the passing of longtime resident Henry Carse.
Reminder – Public Meeting on Wastewater Upgrade Project / Wednesday,
September 3rd at 7:00 pm. Bond vote on Tuesday, September 9th
Randy moved the Board go into executive session for discussion of Legal & Personnel Issues, second by Howard and approved.
Randy moved the Board come out of executive session and adjourn, second by Howard and approved.
Monday, September 8th
Sarah Graulty / Designation of Old Town Forest on the National Registry of Historic Sites
Fellowship of the Wheel / Bike Race in Town Forest on October 12th
Monday September 15th
Work Session of Village Growth Area Rezoning / Revised Language
Sustainable Community Initiative / Revisit Potential Projects
Valerie Spadaccini, secretary