November 1, 2010
Attending the meeting: Jon Trefry, Andrea Morgante, Ken Brown, Randy Volk, Howard Russell, Jeanne Wilson, Hank Lambert, Bud Allen, Alex Weinhagen, David Blittersdorf, George Munson, Rocky Martin, Brett Grabowski, Carl Lisman, Al Barber, Frank Koss, Greg Tomczyk
Meeting called to order at 7:00 p.m
Alex had two items not on the agenda: Design for an up to date Town Seal / Logo. It was suggested that a community wide or school wide contest be held for a new design. As the Hinesburg Business Association is constructing new “welcome” signs, Alex thought they might want to wait till a new seal / logo is decided on. An application to the DRB by Brian Busier for a minor expansion at Lantmans will be utilizing section 2.9 of the new zoning regulations for density bonus. The lot is maxed out and Brian has made an offer of public benefit to get the density bonus. This will be a financial contribution of $30,000 to help with sidewalk construction along Rt 116 that has been waiting for funding.
Jon, on behalf of the Selectboard, presented Town Administrator Jeanne Wilson with a plaque for appreciation and gratitude of her 10 years of service to the community serving as Town Administrator.
Discussion of Proposed Solar Array at WWTF on Lagoon Road: The Board reviewed concerns with David Blittersdorf regarding the proposal. David agreed to remove the phrase referring to removal of trackers. Jon wanted it to be clear that after the 15 year period if there is removal there will be no cost to the Town. David said the trackers would be valued at that time at fair market value and he can put in the agreement a pricing structure to reflect that.
The fact that the Town cannot own the trackers without voter approval was of concern in that the question would be put to the voters without a dollar figure.
David said the price to purchase can be negotiated prior at the Town’s convenience and if purchase is not approved the Town could continue the lease agreement.
Discussed maintenance – if the Town purchases the Town is responsible for maintenance after the completion of the 10 year warranty period. David said projected annual cost of maintenance is unknown at this time.
Howard said with the changes made he supports accepting the proposal. He feels the potential significant savings will rely on the Town purchasing the equipment. While there is potential for risk he believes it is small.
Randy said while such opportunities are never risk free he believes this is a good opportunity for Hinesburg.
Ken also said he believes the risk is minimal and this is an opportunity the Town will be glad they took.
Andrea said she feels they have resolved some of the risks that were in question. She wants to be sure any cost increases will not be a burden to wastewater users as the power will be used at the wastewater facility. Rocky said other Town uses do not meet the kw a year number. David said a new meter will be installed so power consumption will be clear.
Bud Allen, Town Agent, raised some concerns. If the Town buys apparatus and power generated is used to offset consumption he believes this constitutes the Town operating a power plant. He referred to the Ball Mountain Hydroelectric Project in which the Supreme Court said generation and sale to the grid of electrical power could not be done by a town unless the majority of the power was used in the town and only excess was sold. Bud said he does not feel until the Town purchases the arrays there is any possible problem. David replied that net metering is not a power sale. Bud also noted the Town needs to check with it’s insurer regarding liability coverage. Hank will check with VLCT on this. Bud was also concerned with the automatic payment method as payments cannot be stopped.
Jon asked David to get the language of the agreement cleared up and sent to Bud for review.
Ken moved the Board vote to move forward and authorize the Chair to sign an agreement after language reviewed and approved by legal council for a power purchase with AllEarth Renewables. Second by Howard and approved.
Discussion of Lyman Milot Kinney Drugs Proposal - VTrans On-street Parking Permit: Brett said the State has allowed the parallel parking along Route 116 for the commercial businesses to be built. VTrans wants to see a maintenance agreement and then will approve. Brett said the Association will maintain the parking. Bud Allen asked exactly who the agreement is with.
Brett said it is Hinesburg Center Owners Association which currently consists of Brett. By leasing or owning property you are automatically a member of the Association. There was further discussion between Bud and Brett on the language. Brett said his lawyer, Carl Lisman, has sent paperwork to Bud for review.
Jon asked Bud, when he gets language he finds acceptable on this, to forward to the Board for review.
Irrevocable Offers of Dedication – refers to parcel T1. Brett would like it noted any changes are subject to municipal ordinances approval. Parcel T1 is not identified as such on any plans, Brett said this is a labeling issue and can easily be resolved.
Andrea moved the Board go into executive session regarding the escrow agreement for the Lyman Milot Kinney Drug Proposal including Jeanne Wilson, Hank Lambert, Bud Allen, and Rocky Martin. Second by Howard and approved.
Randy moved the Board come out of executive session, second by Howard and approved.
Discussion with Creekside Residents / Timeline for Taking over Development Roads - Punch list of outstanding items reviewed with Brett Grabowski: Outstanding items are: settling of the two catch basins at Fredrick Way / 50 feet of the rec path needs repair / bridge railings / and 50 feet of the gravel path is low and needs gravel added. Greg Tomczyk noted there are dead trees on the lot behind his house. Brett responded that regarding the rec path they are
working towards replacing the culvert, will have equipment there shortly and can bring needed fill in / the gravel path was installed to grade 5 years ago and is overgrown due to lack of use.
Rocky said the path is mowed and the overgrowth is along side the path. Rocky will mark off to identify the area needing gravel. Brett will meet with Rocky to look at the catch basins. It was agreed that by December 1st the items will be corrected.
Jon noted it still is the Boards intention to take over the roads and the Town has been maintaining them.
Selectboard Review of Zoning & Subdivision Regulations: Randy again brought up the larger home occupation and cottage industries restrictions. Howard said that it can be a conditional use in high density residential areas. Randy asked why the Town is involving itself in wastewater and water supply permits when the
State has regulations in place. George Munson noted he is agreeable to the change back from expanded RR1 district to the R2 district on Rt 116.
The Board received correspondence from Alan Norris about the change as it relates to his property. The Board is standing with the change made at the previous meeting.
Section 5.24.2 Randy suggests dropping the entire section and making it part of incentive based for density. It was the consensus of the Board to keep it.
Section 4.5.6#2 should reference substantiated information.
5.4.2 – Randy asked it this has been a problem in Hinesburg. Alex said no, they are just looking at what is happening in surrounding areas.
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 October 18, 2010 Meeting: Randy moved that the Board vote to approve the minutes of the October 18, 2010 meeting as amended. Second by Ken and approved.
Minutes of October 25, 2010 Meeting: Randy moved that the Board vote to approve the minutes of the October 25, 2010 meeting as amended. Second by Ken and approved with Howard abstaining.
Trial Balances for Water & Wastewater and General Fund Accounts for Period Ending 10/31/10: Randy moved that the Board vote to acknowledge receipt of the trial balances for the water and wastewater and general fund accounts for the period ending 10/31/2010. Second by Howard and approved.
Recognition of Historic Marker Commemorating the Black Settlers in Hinesburg: Andrea moved that the Board recognize the dedication ceremony for the installation of Early Black Settlers sign at the intersection of Lincoln Hill and North Road with funding from the Vermont Division of Historic Preservation held on September 26, 2010. With about 60 people, residents of Hinesburg, Huntington and descendants of the original African American farming community
present to share stories and to read the following sign inscription this part of Hinesburg’s history was celebrated.
Early Black Settlers
On this hill from 1795 to 1865 thrived an African American farming community. The first settlers at the bottom of this road in 1798, from MA, were Samuel Peters, Hannah Lensemen & husband Prince Peters. Prince served in Captain Silas
Pierce’s MA Line(8th Co, 3rd MA Regiment) for 3 years during the American
Revolution. Samuel Peters, 2nd volunteered at the Battle of Plattsburg during the
War of 1812. This pioneering community at the bottom of the hill, at least six related families by the end of Civil War, cleared the land, joined the local Baptist church, had home manufactories, and exercised their voting rights at Freeman Meetings. Their descendants owned land here and contributed to the local economy of this hill until the late 20th century.
Violet and Shubel Clark, from CT arrived at the top of this hill in 1795. Their farm grew to 175 acres spilling over into Huntington, and one son owned 100 acres nearby. During the 1850’- 60’s, the home of their daughter Almira and William Langley, became a place of refuge for those escaping slavery. Three Langley brothers and a cousin fought in the MA 54th Regiment and the SC 33rd during the Civil War. Loudon Langley, born here about 1836, stayed in SC after the war and represented Beaufort at the 1868 Constitutional Convention. He and his brother Lewis are buried there in the National Cemetery. The original
Clark settlers expanded to 5 related families just before the Civil War, and many are buried in an abandoned cemetery at the top of this hill.
Vermont Division for Historic Preservation 2009
Motion second by Ken and approved.
Buried Utility Permit / Vermont Gas on Commerce Street: This is a request to install a natural gas line in the right of way on Commerce Road to access a business located at 205 Commerce Street. Randy moved that the Board vote to approve the buried utility permit application of Vermont Gas Systems to a install natural gas line in the Town’s right-of-way on Commerce Street as outlined in the permit dated 10/15/10, subject to the terms and conditions placed on the permit by the Highway Foreman and all state and local permits governing the development of these parcels. Second by Ken and approved.
Letter to St. George Selectboard / Fire Protection Agreement for FY11-12: Ken moved that the Board vote to sign the letter / budget request to the Town of St. George for the FY11-12 fire protection contract. Hinesburg’s request is in the amount of $23,061, and represents 15% of the fire department’s actual expense for the previous fiscal year. Second by Howard and approved.
Discussion of Legal & Personnel Issues: Howard moved that the Board vote to sign the letter outlining terms of separation of employment for Town Administrator, Jeanne Wilson, dated November 1, 2010. Second by Ken and approved.
Discussion with Interim Town Administrator Hank Lambert / Roles & Responsibilities: Hank said he is meeting with each department head individually to get an idea of what they are willing to take on as responsibilities and how that department operates. Hank will outline what he sees as responsibilities, what are assigned to department heads and what he can take on within his work time frame. Hank told the Board he can be available more than the planned 3 days if needed.
Additions to the Agenda:
Lot One Committee / Award Contract for Lot 1 Site Improvement Design: The Lot 1 Committee issued an RFP for site improvement design and received proposals from 14 consultants. The Committee reviewed the proposals and recommends that the contract be awarded to Broadleaf Landscape Architecture. Ken moved that the Board vote to award the contract for site planning design services for the Hinesburg Town Green and Fire/ Police Station (Lot 1) to Broadleaf Landscape Architecture for the amount of $7,770.00 as outlined in
the proposal dated October 22, 2010, and authorize Director of Buildings and Facilities, Rocky Martin, to sign the contract. Second by Andrea and approved.
Howard moved the Board vote to adjourn, second by Randy and approved.
Valerie Spadaccini, secretary