March 8, 2010
Attending the meeting; Jon Trefry, Andrea Morgante, Ken Brown, Randy Volk, Howard Russell, Jeanne Wilson, Chris Leavitt, Donald Palmer, Don Wheater, Raymond Ayer, Michael Driscoll, Koran Cousino,L. Parke, Dennis Casey, Raven Davis, Ed Everts, Richard Hutchins, Ray Mainer, Joan Allen, Enrique Peredot, Bill Lippert
Meeting called to order at 7:00 p.m.
Annual Organizational Meeting of the Board
Election of Chairperson of the Board: Howard nominated and moved that the Board vote to elect Jon Trefry to serve as Chair of the Selectboard for a one-year period, to the annual organizational meeting in March 2011. Second by Randy. Andrea supported the nomination and said Jon has done a good job as chair and she is grateful he is willing to serve as chair.
Motion voted and approved.
Appointments: Randy moved that the Board vote to appoint the following individuals to the following positions for a one-year term:
- Suzanne Kneller, Pam Durda & Susan Johnson as Fence Viewers
- Norman Smith as Inspector of Lumber, Shingles and Wood
- Stephen Russell as Weigher of Coal
- Paul Wieczoreck as Tree Warden
- Stephen Gutierrez as Constable
- O’Neil’s Kennel and/or ACO David Palmer as Pound Keeper
Second by Howard and approved.
Bond for Elected Officials: Howard moved that the Board recognize the blanket bond of $500,000 per occurrence provided through the Town’s membership in the Vermont League of Cities and Towns Property and Casualty Insurance Fund as the bonding instrument for Town Officials as required under the provisions of 24 VSA § 832. School directors and other school officials are not covered under this blanket bond, since they are covered through the school’s property and casualty insurance program. Second by Andrea and approved.
Designation of Newspaper for Warning Town Meeting: Pursuant to the provisions of 17 VSA § 264(b), Howard moved that the Board designate The Burlington Free Press and/or Hinesburg Record and/or The Addison Eagle as the newspaper(s) in which warnings of Town Meetings shall be published, if necessary. Second by Andrea and approved.
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 Howard and approved.
Minutes of February 15, 2010 Meeting: Howard moved that the Board vote to approve the minutes of the February 15, 2010 meeting as corrected. Second by Andrea and approved.
Minutes of February 23, 2010 Meeting to Tour Saputo: Andrea moved that the Board vote to approve the minutes of the February 23, 2010 meeting at which the Board toured the Saputo property. Second by Howard and approved.
Trial Balances for Water & Wastewater and General Fund Accounts for Period Ending 2/28/10: Ken moved that the Board vote to acknowledge receipt of the trial balances for the water & wastewater and general fund accounts for the period ending 2/28/10. Second by Howard and approved.
Appointment of Fire Chief: Howard moved that the Board, based on the recommendation of the members of the Hinesburg Volunteer Firemen’s Association, vote to appoint Al Barber as Fire Chief for a one-year term. Second by Randy and approved.
Appointment of Road Commissioner: Howard moved that the Board vote to appoint Jeanne Wilson as Road Commissioner for a one-year term. Second by Randy and approved.
Annual Renewal of Liquor Licenses:
Andrea moved that the Board vote to convene as the Board of Liquor Control. Second by Ken and approved.
Andrea moved that the Board vote to approve the renewal applications of R&A Frost Inc. (d/b/a Hinesburg General Store), Coco Mart, Inc. (d/b/a Jiffy Mart), Jolley Associates (d/b/a Short Stop #143), K.B. Enterprises, Inc. (d/b/a Lantman’s Best Yet Market) for second class liquor licenses with license to sell tobacco. Second by Howard and approved.
Howard moved that the Board vote to approve the renewal applications of Two Buffoons, Inc. (d/b/a Christo’s Good Times Café), Travia’s Inc. (d/b/a Travia’s Restaurant), Two Z’s, Inc. (d/b/a Papa Nick’s Pizza & Restaurant), Ayer Golf, Inc. (d/b/a Cedar Knoll Country Club) for first class liquor licenses. Second by Andrea and approved.
Howard moved that the Board vote to adjourn as the Board of Liquor Control. Second by Randy and approved.
Discussion of Correspondence from County Forester / Management of Town Forest – The Board received a letter from Michael Snyder, Chittenden County Forester, urging consideration to form a new standing Town Forest Committee to implement the existing plan for the LaPlatte Headwaters Town Forest and to create and implement a comprehensive management plan for the Hinesburg Town Forest. Andrea noted there is a timber management plan and recreation plan which at the time was defined as hunting for the Hinesburg Town Forest. Andrea recommends following the process used in creating the LaPlatte Headwaters Town Forest Management Plan and to be sure to have representatives from all interests. Jeanne will contact individuals about serving on the committee.
Andrea noted that while ATV’s have been allowed in the Town Forest they need to stay on the main road. When the ground is wet and soft all access should stay on the main road.
Other Board Member Items –
Jeanne advised in checking into the question brought up at Town Meeting regarding revenue from the Canine Unit for Hinesburg. Any funds are generated through federal seizure funds and all were spent on the canines.
The Board received a letter from Rocky Martin regarding outstanding issues at Creekside Development. Jeanne said Rocky has spoken with the Town Attorney and default of contract would be the action to take if the Town chooses to act on this. Jon said he would like the Board to have a letter from the Town Attorney stating the Town’s options on this. Jeanne will continue to call the developer.
The Board received a letter from the Lake Iroquois Association regarding erosion that appears to be caused by run off from Dynamite Hill. Jeanne will contact the State Storm water Agency and Watershed Basin Planner to see what information regarding this she can get.
Andrea moved the Board go into executive session including Jeanne for personnel and legal issues, second by Randy and approved. Andrea moved the Board come out of executive session, second by Randy and approved.
Public Hearing on Discontinuance of Town Highways (Ancient Roads)
Jon opened the Public Hearing and informed those attending that the Selectboard chose not to add the roads to the Town Map by the 2/10/10 deadline and also chose not to do the mass discontinuance which is why they are holding the public meeting tonight regarding the 6 ancient roads discovered. The hearing is to take testimony regarding the roads, the hearing is then closed and the Selectboard will decide what action they wish to take.
All in attendance who wished to give testimony were sworn in by Town Administrator, Jeanne Wilson.
Don Wheater, who served on the Ancient Roads Committee, reviewed findings on the 6 roads.
Govenor’s Lot Rd.- no documented opening of the road was discovered and this falls into the time frame that required documentation of opening a road.
Meech Rd. – little evidence of a road was found. There were some issues with placement of the Baldwin Rd origin which is based on the side of Baldwin Rd and causes question. This does not appear to connect to any road in Monkton.
Lost Wood Lot Rd.- question with placement of Rt116.
Bennett-Wells Rd.- has no clear beginning or end anchor.
Donald Palmer asked for the Bennett-Wells Rd to be closed and discontinued.
Rich Hutchins, resident on Sherman Hollow Rd, said the Bennett-Wells Rd appears to go through his property. He has never seen evidence of a road there. There was a road cut to access a field and he cut into the rock wall to bury an underground power line in early 1990’s.
Raven Davis said Governor’s Lot Rd makes no sense to pursue as the road never seems to have been used and appears to go to a mill across a stream which is a very wet area.
Enrique said Meech Rd goes through his property, there was no evidence of the existence of this road when they purchased and did a title search. He feels the Town should not be looking to take on this road cutting through his land and it makes no sense to classify as a road.
The Board stated this hearing is a part of the process to discontinue.
Mike Driscoll encouraged the Board to discontinue all the roads and suggested to those on the Trails Committee that the only way to get trails in Town is to work with landowners.
Ray Mainer said he is not opposed to giving up the roads but wants people to realize these are Town assets and existed before the current property owners purchased the land.
Bill Lippert said a title search only goes back 50 years so would not find these roads. No one alive today had knowledge of the existence of these roads and property was bought and sold without this knowledge.
Mike Driscoll asked if the Town votes to continue and the Town has 5 years during which time it can open a road and he sells his property during that time, how does this effect the sale?
Jeanne said if the road is not discontinued it becomes an unidentified corridor and would show up as a right-of-way on a title search.
Mike asked what the timeline is to discontinue. Jon said the Board has 60 days form the date of the hearing to make a decision.
Dennis Casey said Lost Wood Lot Rd runs through a meadow on his mother’s land that is leased for farming. She would not be able to continue to lease it if a road or trial runs through the meadow.
Rich Hutchins said there is a negative impact on all landowners involved.
Jon closed the public hearing.
Andrea moved the Board vote to discontinue Governor’s Lot Rd., second by Randy. Andrea noted as the Ancient Roads Committee was not able to find good evidence and no certificate of opening was found she feels it should be discontinued. Motion voted and approved.
Howard moved the Board vote to discontinue Hull Rd, second by Andrea.
Howard noted this seems to have no obvious value to the Town and has very shaky evidence of existence. Motion voted and approved.
Andrea moved the Board vote to discontinue Lost Wood Lot Rd, second by Randy and approved. Andrea noted discussion of altering and changing the location makes this questionable. Motion voted and approved with Howard abstaining.
Ken moved the Board vote to discontinue Meech Rd, second by Andrea. Ken noted reasons as previously cited. Motion voted and approved with Randy abstaining.
Randy moved the Board vote to discontinue Bennett-Wells Rd, second by Howard. Randy noted there is no connectivity or benefit associated with this road. Motion voted and approved with Andrea abstaining.
Howard moved the Board vote to discontinue Palmer Bostwick Rd, second by Ken. Howard noted there no obvious starting point and no apparent value to the Town. Motion voted and approved.
Randy moved the Board vote to adjourn at 9:20 p.m., second by Howard and approved.
Letter to James Gelber / RE: resolution at Town Meeting recognizing his efforts and service to the country of Afghanistan to assist in establishing a legal system for the newly formed government.
Valerie Spadaccini, secretary