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					 1                                           TOWN OF ESSEX
 2                                            SELECTBOARD
 3                                               MINUTES
 4                                             January 5, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Jeffrey B. Carr, Linda Myers, Alan Nye and Thomas
 7   Torti.
 8
 9   OTHERS PRESENT: Patrick Scheidel, Town Manager, Dawn Francis, Deputy Town Manager,
10   Mark Berry, Parks and Recreation Director; Doug Fisher, Finance Director; Dennis Hill, Ann Gray,
11   and Dick Munsell.
12
13   Mr. James called the meeting to order at 7:30 p.m.
14
15   PLEDGE OF ALLEGIANCE
16   Mr. James invited those present to join him in reciting the “Pledge of Allegiance.”
17
18   PUBLIC TO BE HEARD
19   Kristine Thompson of Southdown Court requested that the town provide snow removal on the
20   sidewalks for the neighborhood she lives in. The children have a hard time walking on the
21   sidewalks to catch the school bus at the end of the street. She wondered if the board would
22   consider adding a clause that would make clearing the sidewalk mandatory for those children
23   walking to school or to a school bus stop. She’s made several attempts at addressing the issue
24   including sending letters to neighbors asking them to clear sidewalks, shoveling neighbor’s
25   sidewalks and talking with the public works department and school officials looking for ideas.
26
27   Mr. James clarified that the board would could not make a decision that night but would take it
28   under advisement.
29
30   Mr. Nye noted the recommendation being proposed would require that all sidewalks be plowed
31   because the situation exists in all neighborhoods that have sidewalks in them.
32
33   Ms. Thompson said that she would be willing to work with the town to find a solution without
34   adding too much expense.
35
36   Mr. James thanked Ms. Thompson for coming in and for the information she supplied.
37
38   BUSINESS
39
40   Veterans Memorial Park Update
41
42   Dennis Hill, Ann Gray and Dick Munsell, members of the Steering Committee for Veterans
43   Memorial Park, presented an update to the board.
44
45   Mr. Hill began the presentation by saying phase one consisting of site work has been completed,
46   including foundations for future monuments, fountain, flagpoles, and the WW1 monument has been
47   cleaned and installed. The Vietnam monument has been removed and cleaned and will be returned
48   when the names are added to it. All the other monuments have the design work completed. The
     ESSEX SELECTBOARD                          DRAFT                           JANUARY 5, 2004

49   names of all 1454 veterans from Essex and Essex Town that served from the Revolutionary War to
50   the Vietnam War will have their names engraved on the monuments. The design for pavers has
51   been completed and the names have been sent for engraving.
52
53   The remaining work for this year involves the area of the Memorial Circle. The plan includes
54   covering the concrete with granite, installing pavers around benches, mounting the eternal flame
55   and completing the landscaping. Three new monuments have been designed which include WW2,
56   the Korean War and Vietnam War. A fourth monument being planned will cover the Revolutionary
57   War, War of 1812, the Spanish American War, the Mexican War and the Civil War. The final
58   project will be a granite History Wall that will include information regarding various war
59   campaigns.
60
61   Mr. Munsell presented information on the pavers to be installed around Memorial Circle. Once
62   complete the sidewalk from five corners up to the fountain will be replaced with pavers.
63
64   Ms. Myers asked how many pavers have already been sold. Ms. Gray believed it to be 437 sold so
65   far.
66
67   Mr. Munsell continued by saying they have three sizes of granite pavers: singles, doubles and
68   corporate. Proofs have been mailed to each individual to sign off or make changes as individuals
69   have designed their own pavers. So far there is representation from the Revolutionary War to the
70   War in Iraq. The pavers are for any veteran nationwide. If someone from Essex has a relative living
71   outside the Essex area that served in a war, they can apply for a paver.
72
73   Mr. Munsell then showed a sketch of the Korean monument. On the front, the shield symbol will
74   be raised one inch above the surface. On the back will be the names of the Korean War veterans,
75   250 so far. The names are not alphabetized allowing for the possibility of additional names to
76   come.
77
78   Mr. Scheidel asked how they would handle the MIA’s. Mr. Munsell said those MIA’s, POW’s,
79   KIA’s will have asterisks at the end of their names and a footnote will be placed at the bottom
80   explaining what the asterisks mean.
81
82   Mr. Hill talked about the money raised. So far $350,00 has been raised and $280,000 spent leaving
83   $70,000 to spend. The cost to finish everything on the landscaping, which can be done in stages, is
84   $170,000 and the monuments costs are $26,000 for WW2, $27,000 for Korean War, $33,000 for
85   Vietnam War, $36,000 for Revolutionary War, War of 1812, etc., and $140,000 for the History
86   Wall.
87
88   Ms. Gray spoke about upcoming fundraising events including a Motorcycle Ride for the Monument
89   sometime in June, a jamboree sponsored by the VFW on January 25, and new this year, a hockey
90   match at Gutterson Field house on March 28 between the National Guard Hockey Team and State
91   Law Enforcement Hockey Team.
92
93   Mr. Scheidel asked who could be contacted if one wishes to purchase a paver. Ms. Gray responded
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      ESSEX SELECTBOARD                           DRAFT                            JANUARY 5, 2004

 94   she could be reached at 878-4088. Applications are also available at the VFW and Village Offices.
 95   Ms. Gray said she would also bring some to the Town Offices.
 96
 97   Mr. James asked if there were other state events that could be utilized to raise money. Mr. Hill
 98   replied that they held a raffle at a Vermont Expos game. Ms. Gray has a fundraising committee
 99   meeting every month. In December they took in $9800. Five Thousand dollars of that came from
100   the fairgrounds and the rest from the selling of pavers. Now that the Veterans Memorial is more
101   visible, they also have plans to get more involved with businesses in town.
102
103   Motor Vehicle Ordinance Amendment 1st reading
104   Mr. Scheidel asked if the board would table the item to a later meeting since more information was
105   needed.
106
107   MR. NYE MOVED AND MR. CARR SECONDED A MOTION TO TABLE THE MOTOR
108   VEHICLE ORDINANCE AMENDMENT 1ST READING AND RESCHEDULE IT TO AN
109   APPROPRIATE TIME. THE MOTION PASSED 5-0.
110
111   Transfer from Fund Balance
112
113   Mr. Scheidel began by referring to a recent presentation by CHIPS to the board regarding their
114   recent fund raising efforts and what they needed. They have a grant that has three years left which
115   covers most of the cost of running CHIPS, they have gone to a paid staff, and they have extended
116   their work in the community. He feels they are doing a good job. They have sent a formal letter to
117   the Town requesting an amount of $10,000 to help support them through this year. Mr. Scheidel
118   recommended that $10,000 be taken from current fund balance. He’s bringing it to the board now
119   during budget preparations because he believes the month of June would be a little too late to help
120   them with their need.
121
122   Mr. Torti stated he had a slight conflict of interest in that his daughter is a board member of CHIPS.
123   He feels he has an opinion on the matter and a personal commitment.
124
125   Mr. Nye suggested that the item be tabled and placed as an item during the budget process to see
126   where they want to go with it.
127
128   ALAN NYE MOVED AND JEFFREY B. CARR SECONDED A MOTION TO DISCUSS
129   THE CHIPS REQUEST FOR $10,000 DURING THE UPCOMING BUDGET PROCESS
130   AND DETERMINE WHETHER THEY WANT TO INCLUDE IT AS A LINE ITEM IN
131   NEXT YEAR’S BUDGET OR USE THE CURRENT YEAR’S FUNDS.
132
133   Mr. James asked the board for comment on the motion.
134
135   Mr. Carr said there were two items for discussion; the current request for a $10,000 transfer and the
136   potential for an ongoing line item. He suggested as they discuss the budget and get a better idea of
137   what their needs are that they also look for an accommodation that could be made for the transfer
138   and potentially for the ongoing line item. Mr. Carr then asked the reason for the urgency for the
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      ESSEX SELECTBOARD                            DRAFT                            JANUARY 5, 2004

139   $10,000. Mr. Scheidel stated they need $50,000 this fiscal year to sustain their activities at the
140   current level. Then they are faced with the loss of grant money in the future.
141
142   Ms. Myers stated she is OK with the motion, and she sees the date of March 1st important and
143   would like to see a commitment rendered by then. She also stated she has no problem in giving
144   CHIPS the money now but can wait until the budget discussions to render the decision.
145
146   Mr. Torti agreed that the March 1st commitment date is important. At that point CHIPS would have
147   to start looking for other sources to continue.
148
149   Mr. Carr requested a report on what they would use the support for including how many people
150   they serve, what outcomes and objectives they are planning, and how they will hold themselves
151   accountable.
152
153   THE MOTION PASSED 5-0.
154
155   Minutes of December 15, 2003
156
157   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO
158   APPROVE THE DECEMBER 15, 2003 MEETING MINUTES WITH CORRECTIONS:
159   Line 10, replace Tyler “Keff “ with Tyler “Kieft”, and replace David “Keff” with David “Stifler”.
160   Lines 27, 31, 35, 37, 42, and 42 replace Tyler “Keff” with Tyler “Kieft”. Line 65, insert The
161   “CHIPS” Board felt Line 202, replace “find” with “fund”. THE MOTION PASSED 5-0.
162
163   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION TO
164   AMEND THE AGENDA TO DISCUSS THE CONSENT AGENDA BEFORE THE WORK
165   SESSION. THE MOTION PASSED 5-0.
166
167   CONSENT AGENDA
168
169   JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO ACCEPT
170   THE CONSENT AGENDA WITH BOARD COMMENTS.
171
172   Abstract Warrant Journals 12/12, 12/18 & 12/24/03
173
174   Vermont Local Roads News
175
176   Select board Report FYE 03
177
178   Department of Liquor Control regarding Various Inspections
179   James stated that two of the inspections passed and two did not. He wanted to point out once again
180   that all establishments must do their best to adhere to the law.
181
182   Minutes
183
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      ESSEX SELECTBOARD                           DRAFT                            JANUARY 5, 2004

184   CCTA – 11/19/03
185   Tri-Town Committee 12/5/02
186   Joint Meeting of Boards and Commission Chairs 12/30/03
187
188   Agendas
189   Planning Commission 1/8/04
190   Town Center Study Committee
191
192   Letters
193   From Jim Fay, CWD Manager to Peg Flory, Esq. Regarding legislative bill
194   From Department of Taxes regarding Equalized Education Property Value 12/26/03
195   To Jerry Firkey from Brad Luck regarding CHIPS
196   To Tom James from Chris Cole, CCTA regarding the Burlington to Montpelier service
197   Mr. Nye expressed his concern regarding the operation of the current run from Montreal and
198   Burlington. He stated that there is no guarantee that the capital investment will be replaced in the
199   future and the dollars that came to Chittenden County for mass transit are being used to assist mass
200   transit throughout the state. He didn’t see Mr. Cole’s letter mentioning any concern for the issue.
201
202   From Agency of Natural Resources regarding Update of Lake Champlain Watershed
203   Planning Process
204
205   Memos
206   From Tom Moreau, CSWD to Select board & Town Manager regarding Regional Landfill
207   Mr. James asked the board if they wanted a presentation on this item or if they felt feel comfortable
208   with the information they had. Consensus was that a presentation was not needed at this time.
209
210   THE MOTION PASSED 5-0.
211
212   Mr. Torti left at 8:30 break.
213
214   BUDGET WORK SESSION
215
216   Parks and Recreation
217
218   Mark Berry began by distributing calendars produced by the Parks and Recreation department that
219   are shared with businesses that help their programs.
220
221   Recreation
222   Mr. Berry explained the largest increase of $30,000 in other purchased services being offset by
223   program fees.
224
225   Ms. Myers asked about the 75% increase wondering if there would be comparable revenue to offset
226   it. Mr. Berry answered yes and that there would not be a $30,000 jump in the budget.
227   Mr. Berry then explained that every program does not make money. He prefers to run programs
228   that might have low enrollment when they first start in order to build interest.
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      ESSEX SELECTBOARD                          DRAFT                            JANUARY 5, 2004

229
230   Mr. Nye noticed the Extended School Program - Spring Session, on page PR 8 had made $2,493 in
231   revenue. He asked if this happened in the other sessions as well. Mr. Berry said yes. Mr. James
232   then asked if making money on those programs is something the town wants to do. Mr. Scheidel
233   explained the benefit in revenue but also stated we are not in the business of competing with our
234   taxpayers. He doesn’t believe we are setting up to make profits that the taxpayers could make. Mr.
235   Berry explained that it would be a disservice to the taxpayers to only offer programs that lose
236   money. He feels a mix of those that can cover their costs along with some that cannot would be
237   best.
238
239   Mr. Nye noted the lack of program space within the community and felt we should be spending
240   some of the fund balance surpluses to plan for long-range program space within the community for
241   recreation.
242
243   Mr. Carr stated he would prefer that a percentage of the program fees be set aside money that could
244   help offset operating costs in the future. Mr. Nye asked if there was some way at the end of the
245   year they could see a report showing the difference between program costs versus program
246   revenues and possibly start a program space capital fund with the revenue. Mr. Fisher stated it
247   could be done.
248
249   Mr. Carr stated that an objective of some sort is needed answering what kind of space is needed and
250   what would reduce the cost of programs to the taxpayers in the long run. He agreed on some sort of
251   capital building program fund. Mr. Fisher asked if that would mean an increase in program cost.
252   Mr. Nye answered no.
253
254   Mr. James noted that there seemed to be consensus on looking into some sort of capital building
255   program fund for this item.
256
257   Parks
258
259   Mr. Berry explained that two years ago they sold 500 two years passes to Indian Brook and this
260   year they sold 1300 two-year passes and 1700 one-year passes. The new laminated card seems to
261   be working well and will save them money in the long run.
262
263   Repairs and Maintenance supplies is the largest increase in the Parks budget and is offset by new
264   maintenance fees introduced last year. Mr. Berry said the money goes into paying for seed,
265   fertilizer and other costs associated with maintenance.
266
267   Mr. Nye asked if the town should look into developing a master plan for the former Myers’
268   property on the Brown’s River. He pointed out this would increase the bottom line on other
269   purchased services.
270
271   Pool
272
273   Mr. Nye asked if the swim team is coming close to paying for itself. Mr. Berry answered yes and
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      ESSEX SELECTBOARD                            DRAFT                              JANUARY 5, 2004

274   stated that this year participants will be asked to pay for transportation costs. This is due to a drop
275   in the number of participants because of competition from an area swim team that goes all year
276   long.
277
278   Mr. Berry pointed out the biggest increase is in general supplies and equipment and both are offset
279   by concession income. Last year they added an ice cream stand, which netted $1,100.
280
281   Senior Van
282
283   Mr. Berry pointed out the largest increase in repairs and maintenance is due to the skyrocketing
284   cost of maintaining the vans. Both vans are six years old and the mileage is getting up there. He
285   knows that CCTA no longer has the program available they used to purchase the vans. Mr. James
286   asked if there was any place we could go in the state to look for vans and also wondered where we
287   could go to begin lobbying for vans or equipment. He sees it being a huge expense in the future
288   when the time comes to replace the vans. Mr. Nye suggested that if the board doesn’t come up with
289   a solution by next year, they should consider a capital replacement fund. Ms. Myers suggested we
290   write a letter to all three state representatives with a copy to Chris Cole of CCTA. Mr. James agreed
291   and suggested the letter mention the Essex Community has a great senior program that is in
292   jeopardy.
293
294   Finance
295
296   Mr. Nye began by asking if our contracting for an audit will increase the budget by $2500. Mr.
297   Fisher pointed out that it’s going up for a couple of reasons. There are new auditing requirements
298   that look at journal entries requiring extra steps, and the conversion to the new software this year
299   produced a larger amount of journal entries. Also, the town will need at a single audit situation
300   because of the federal funds used for Butlers Corners and this will require extra steps.
301
302   Mr. Fisher highlighted a few items. On line 155, repairs and maintenance is down because of the
303   conversion to the new software. On line 156, insurance is up due to distributions from prior years
304   starting to dry up. On line 158, data processing is down due to the conversion to NEMRC. He felt
305   the conversion has gone pretty well and will pay dividends in the long run.
306
307   Mr. Carr asked how much longer Novell would keep going because he’s found they are cutting
308   down on services. Mr. Fisher didn’t believe it to be a problem as they are on the most recent
309   upgrade. He has no complaints. Mr. Carr stated it’s something they should keep an eye on in the
310   future.
311
312
313   Tax collection
314   Mr. Nye noted that on line 166 delinquent taxes are going down. Mr. Fisher believed that even
315   though it shows a decrease, they could do a better job.
316
317   Debt Service
318   Mr. Fisher noted that the budget doesn’t show debt service on the fire truck tanker, which will be
                                                      7
      ESSEX SELECTBOARD                          DRAFT                            JANUARY 5, 2004

319   paid off this year and the pavement for Towers Road, which will also be paid off this budget year.
320
321   Selectboard salary
322   Mr. Scheidel pointed out that he reinstated the $500 reduction made last year in the Selectboard
323   salary. It is back up to the $5,000 that has been normally paid.
324
325   Town Report
326   Mr. Nye questioned the increase on line 102 from $3,400 to $4,300. Mr. Scheidel stated the
327   increase would compensate the recording secretary.
328
329   Mr. Carr asked why we print and mail so many town reports. He believes it’s a lot of money to
330   spend to have most of them thrown away. Mr. Scheidel stated it’s the only way we can prove that
331   we actually sent them to everybody we said we mailed them to. Mr. Carr said he would like the
332   board to look at other options to reduce the cost of the Town Report.
333
334   Town Manager
335   Mr. Scheidel explained the $10,000 increase in Professional Services. He pointed out three years
336   ago the board approved a classification study, which was performed in house. Now that the
337   classification study is complete he believes a compensation study is necessary to complete the task.
338   The $10,000 would cover the cost of that study. Mr. Nye asked if we would be obligated to
339   implement the study once it’s completed. Mr. Scheidel suggested that we do implement it because
340   the last time we did the study in 1988, the classification part was implemented and raises were
341   given that year, but nothing has been done since. The result has been an accordion effect in pay
342   levels. He suggested the results be implemented at the same time the next contract negotiation
343   begins with the Police Department and AFSCME.
344
345   Mr. Nye believed that if the plan was implemented, no one would be reduced in pay and it would
346   inflate town government cost. Mr. Scheidel could not confirm Mr. Nye’s belief. Mr. Nye also
347   stated that if we do come up with a pay plan, an increase of ten to twelve percent in salary costs
348   could be possible thereby increasing the budget.
349
350   The other increase of $4,000 in the Town Manager’s budget is due to educational cost for three
351   employees to complete their degree programs.
352
353   Economic Development
354
355   Mr. James supports the idea of having more finances targeted towards marketing the town but is
356   unsure how to do it. Mr. Nye responded by saying he’s not sure the payback would be quantifiable.
357   Mr. Scheidel suggested that Mr. Wright, MIS Director, could be valuable in web marketing. Mr.
358   Carr wasn’t sure if that was the best way to go. He suggested the best way to market the town for
359   now is to keep the Town represented through the regional groups and look at the web marketing
360   only if there is free time to do so. His major concern is that it would require that the town be
361   consistent and continue with something we start.
362

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      ESSEX SELECTBOARD                           DRAFT                             JANUARY 5, 2004

363   Legal
364
365   Mr. Scheidel explained that there is less facing the town next year in legal services. Collective
366   bargaining is done and Planning and Zoning has finished zoning and subdivision regulations.
367
368   Conservation
369
370   There was a long discussion on the contract services for maintenance of the flowerbeds in the
371   town’s public spaces. Mr. Nye asked if we could hire a summer employee for less money. Mr.
372   Scheidel questioned if it would sacrifice the quality and also mentioned there is no one to supervise
373   the flower maintenance or the employee hired. Mr. Nye offered to call the Agriculture College at
374   the University of Vermont to see if someone would be available during the summer.
375
376   Intergovernmental
377
378   Ms. Myers wondered why the Municipal Planning Organization budget was down. Mr. Carr, who
379   is also a member of the MPO finance committee, responded by saying that it wouldn’t stay that way
380   in the future.
381
382   Mr. Nye saw a way to reduce the budget for the Winooski Valley Park district. A letter attached
383   mentioned that the used vehicle purchased could be financed over a two-year period instead of one
384   year saving $1,500.
385
386   Public Health
387
388   Mr. Nye questioned the $12,000 increase in Essex Rescue budget. Mr. Scheidel stated they hired a
389   new paid executive director.
390
391   EXECUTIVE SESSION
392   AT 10:04 P.M., JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A
393   MOTION TO ENTER EXECUTIVE SESSION TO DISCUSS PERSONEL, CONTRACTS
394   AND POTENTIAL LITIGATION TO INCLUDE THE SELECTBOARD, TOWN
395   MANAGER, THE DEPUTY TOWN MANAGER, AND TOWN ENGINEER/PUBLIC
396   WORKS DIRECTOR. THE PREMATURE PUBLIC KNOWLEDGE OF THE ISSUES TO
397   BE DISCUSSED IN THE EXECUTIVE SESSION WOULD PLACE THE MUNICIPALITY
398   AT A SUBSTANTIAL DISADVANTAGE. THE MOTION PASSED 4-0.
399
400   AT 11:00 P.M. JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A
401   MOTION TO EXIT EXECUTIVE SESSION. THE MOTION PASSED 4-0.
402
403   THE MEETING ENDED AT 11:04 PM WITH TOM JAMES STATING THAT THE
404   WORK SESSION ON THE BUDGET WAS TO BE CONTINUED TOMORROW
405   EVENING, JANUARY 6, AT 7:30 PM.
406
407   Respectfully submitted,
                                                        9
      ESSEX SELECTBOARD                            DRAFT      JANUARY 5, 2004

408   June M. Campbell
409
410   June M. Campbell
411   Recording Secretary
412
413   Approved this _______________ day of _________, 2004.
414
415   (See minutes of this date for corrections, if any).
416
417   _______________________________
418   Thomas W. Torti, Clerk, Selectboard
419
420   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)




                                                        10
 1                                            TOWN OF ESSEX
 2                                             SELECTBOARD
 3                                                MINUTES
 4                                             January 12, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Jeffrey B. Carr, Linda Myers, Alan Nye and Thomas
 7   Torti.
 8
 9   OTHERS PRESENT: Patrick Scheidel, Town Manager, Dawn Francis, Deputy Town Manager,
10   Doug Fisher, Finance Director; Herbert Durfee, Community Development Director; Dennis Lutz,
11   Town Engineer/Public Works Director; and John Fitzgerald.
12
13   Mr. James called the meeting to order at 7:30 p.m.
14
15   BUDGET WORK SESSION – Continued
16
17   COMMUNITY DEVELOPMENT
18
19   Mr. Durfee began by stating the Community Development budget has stayed level funded with the
20   exception of salary and benefits and increases in professional services. The reason for the increase
21   in professional services is due to a Town Plan adoption needed in 2006. There are several
22   processes that need to be done in order to get a Town Plan adoption, and a year’s lead-time is
23   necessary. A draft of the plan needs to go before the Planning Commission on or about January 1,
24   2005. The citizen’s survey being done this year had a contingency fund in place that is still
25   available and will be used for the 2006 Town Plan. General Professional Services funding has been
26   increased to hire a Public Participation Coordinator for the Town Plan. This is someone who will
27   help coordinate the ad-hoc citizen’s committees, public forums, logistics of participation and
28   solicitation, and will reach out to other communities that have a town plan.
29
30   Mr. Durfee explained a brand new planning goal in the Governor’s Jobs Bill last year. As part of
31   the Town Plan planning process, childcare, childcare early education and childcare workforce
32   development must be addressed. At this time he’s not sure how it will come about. Mr. Durfee
33   read from Title #24, section 4302, Subsection 13 “ the goal is to insure the availability of safe and
34   affordable childcare and integrate childcare issues into the planning process including childcare
35   financing, infrastructure, business assistance for childcare providers, and childcare workforce
36   development.” Mr. James asked if there was money in the budget for this item. Mr. Durfee
37   answered he wasn’t aware of any. Mr. Carr asked if the Town should plan for this new goal in the
38   upcoming Town Plan. Mr. Durfee said not necessarily as the Town Plan has a broader based goal.
39
40   Mr. Durfee stated he would try to offset any costs for professional services by applying for a
41   Municipal Planning Grant. He explained that if the town were to spend $30,000 the maximum
42   grant would be $15,000.
43
44   The other increase in the Community Development budget is in machinery on page 241-2. There is
45   a need for a large format scanner. He calculated the cost of using a local firm to do the scans, and
46   the town would approach 10,000 scans at $3.00 per page totaling $30,000 and an additional 20
47   CD’s is $200. To go out of state to a firm in Massachusetts, 10,000 scans would cost $15,000.
48   He feels there is a cost benefit to the town to do it in-house and there is an option of hiring an intern
     ESSEX SELECTBOARD                           DRAFT                           JANUARY 12, 2004

49   to do the scans.
50
51   Mr. Torti asked if there was a market to sell services. Mr. Durfee stated he knows the Regional
52   Planning Commission will be interested, but knows of no other interested party at this time.
53
54   Mr. Fitzgerald asked for permission to speak to the Board. He explained that he is an advocate of
55   underground power, but sees above ground poles being signed off by the Town Manager. He
56   would recommend the Community Development Office handle signing off on pole permits, and
57   establish a policy that would require underground power in some of the more densely populated
58   areas of the town. He asked that this be considered in future funding and funding positions. Mr.
59   James stated the Board would take it under consideration.
60
61   PUBLIC WORKS
62
63   Mr. Lutz began by referring to PW-2 in the Public Works book. Last year the department came
64   close to balancing the budget with the exception of the new phone system being installed. On page
65   PW-3, the 2003 budget showed Public Works was slightly over, Highway was slightly under.
66
67   Referring back to PW-1, he could not keep the budget flat. There is an increase of $58,000 or 3.3%
68   with the largest increase of $30,000 being in labor costs, benefits and overtime. Summer
69   construction of $7300 is needed to cover a couple of critical paving projects. The Equipment
70   Replacement fund shows $10,000 added which will help fund the next three years worth of
71   purchases. Other increases are in the area of essential utilities and storm water construction.
72
73   Mr. Lutz felt it necessary to discuss a couple of items and distributed a hand-out on the overtime
74   budget. He explained that overtime is directly controlled by himself, the superintendent and the
75   foremen. Overtime is highly dependent upon the weather and if there is a major storm, overtime
76   will vary quite a bit. He keeps close track of the amount of overtime and tries to distribute overtime
77   evenly between employees. The overtime of the water and sewer personnel is billed under the
78   Highway Department as they are brought in for plowing, water breaks and other needs. Mr. Torti
79   commended the Department for keeping the roads as clear as they have this winter.
80
81   Mr. Lutz then handed out a chart that showed the salt use in the town this year and in past years.
82   This year it seems normal.
83
84   Mr. Lutz referred to page 485-1, line item 45-1, saying tree care and shrubs has been budgeted at
85   about $8,000 per year. In 2002 $6,000 and in 2003, $6,100 went towards planting. The rest went
86   towards tree removal with a few tree plantings. In those years they put out contracts instead of
87   using volunteer workers. There are four locations: two on Butler Drive, one on Essex Way, and
88   one on Kellogg Road. One reason it was put out for bid was because these are high traffic areas
89   with narrow mediums and his concern is that a volunteer may get hurt. In the first year they
90   received one bidder and that one bidder reduced his charge for the second year. Breaking down the
91   $6,000 spent, $900 went towards spring clean up, $2,100 went towards planting including $650 in
92   materials cost and $1450 in labor. The remainder went towards fall clean up. If the Board decided
93   to hire a part-time laborer and pay $15.00 per hour for 12 hours per week for 20 weeks they would
                                                       2
      ESSEX SELECTBOARD                           DRAFT                           JANUARY 12, 2004

 94   spend $ 3600 in labor and $600 in flowers making the cost $4,200. Mr. Lutz feels the service
 95   should not be dropped as it helps the community look good. He feels the option of having the
 96   highway crew take care of the plantings is not a viable option. He explained he would like to go
 97   out for bid showing the desired amount the Town has to spend because it would allow for more
 98   competition. Another reason for a bid process is that there are still areas that volunteers maintain,
 99   for instance in front of the Library, Memorial Hall and Town Offices. It seems to work well until
100   about August when people go on vacation and in the fall when it’s hard to get volunteers motivated
101   for clean up. Having volunteers do the work is appreciated but not a reliable or safe alternative in
102   all areas of the town.
103
104   Referring to page 360 regarding storm water, the budget for both 2004 and 2005 is $120,000. The
105   department may not spend all the money this year, but that’s misleading in terms of where they are
106   headed in the future. He explained that with the ongoing Conservation Law Foundation court cases
107   it looks like there may be some solutions in the future. Referring to So. Burlington as an example,
108   a utility district around storm water has been proposed. Mr. Lutz distributed a handout from a
109   national company ‘AMEC’, and storm water utilities throughout the country show an average cost
110   of $3 to $3.82 per household, which is approximately $40 to $50 per year. The chart also shows
111   that if there were a charge of $1, the program would be considered incidental, barely keeping its
112   head above water. In doing an estimate, he believes Essex would run about $2 or $2.20 per month
113   on the chart. He then referred to a Proposed Program Costs chart prepared by So. Burlington. At
114   the bottom of the chart there is an estimated cost of $567,000 per year for storm water with an
115   estimated monthly user fee of $4 to $5 per household per month. This amount is four to five times
116   larger than what Essex spends on storm water.
117
118   Mr. Torti asked what makes Essex different from So. Burlington in terms of storm water. Mr. Lutz
119   explained Essex doesn’t have a storm water administrator and staff has done the inventory of the
120   system. The GIS mapping work is done through Shannon Lunderville. Summer help has also been
121   brought in to do internships. In contrast, South Burlington believes they have enough to do in-
122   house so they want to contract out what needs to be done. Most of their major commercial areas
123   are located near watersheds that discharge into the lake and if they want to have any development
124   in So. Burlington, they need to come up with a plan to treat that water. Essex however has only two
125   impaired watersheds, Sunderland Brook and Indian Brook. So. Burlington also has a larger
126   proportion of paved areas and commercial growth compared to Essex. Mr. Torti asked if Essex
127   should move towards an Enterprise Policy in the future. Mr. Lutz believed we should.
128
129   Referencing another handout, Mr. Lutz discussed the $90,000 STAG Grant Essex received which
130   requires matching funds. With that grant, he hired a firm to put together all the required forms
131   needed and also identified the storm water projects needed now. The firm identified Colbert Street,
132   Abair Street in the Painesville area, Fort Ethan Allen, the Town Garage, the Kellogg Road Outfall,
133   the areas of Kimberly Drive, Parizo Drive and Pinecrest, Sydney Drive and the Town Center area.
134   Adding up all the work needed in those areas, the total comes to around a half a million dollars. He
135   doesn’t believe this would need to be done in one year but the date is to be determined by the courts
136   and new permit system.
137
138   Referring back to the $120,000 budget for storm water, Mr. Lutz explained the department would
                                                      3
      ESSEX SELECTBOARD                            DRAFT                             JANUARY 12, 2004

139   probably spend half of that in operating expenses and place $60,000 aside towards construction of
140   the storm water projects. If the town does the same next year, that would give the Town $120,000
141   which would more than match the STAG Grant. But the Town would still be approximately
142   $300,000 short to complete construction, and CLF requires the work done within five years. He
143   believes there are choices that can be made that might reduce costs. For instance, the work on
144   Sydney Drive could be done in-house, but it could increase costs in other areas.
145
146   Mr. Torti suggested that the town could wait three to four years to place more money aside to cover
147   the costs. He feels that may be a more honest way to inform the taxpayers of what is needed. Mr.
148   Lutz explained that the other option would be to do what South Burlington is proposing and create
149   a storm water utility like the current water and sewer utilities, alleviating the need to raise taxes for
150   storm water treatment. Mr. James concluded that the Board should decide if Essex wants to create
151   a new utility bill or raise taxes to cover the costs. He found the information valuable but stated that
152   more information was needed to make an informed decision. He also felt it necessary to present
153   the issue to the taxpayers. Mr. Torti commented that compared to South Burlington we aren’t
154   doing a bad job with the money we have.
155
156   Mr. Fitzgerald asked to comment on the storm water issue. Referring to the Kimberly Drive area
157   where he lives, the water previously pumped onto the sand. Public works then placed drains on
158   both sides of the street, but the neighborhood didn’t realize that they would need the abatement
159   system at the end of Kimberly Drive to manage the storm water. The Board replied that they were
160   made aware only when it came as a Federal mandate after the work was completed.
161
162   Mr. Scheidel asked if the Town was getting any closer to resolving the differences in Federal and
163   State requirements as it relates to complying with storm water. Mr. Lutz answered that it’s in the
164   hands of the Legislature and he will be there for the discussions.
165
166   Mr. Lutz then went on to explain items in the Capital Budget. He stated there is money proposed to
167   repave the Town Green in the area of the Commons, and fix the lighting in that area.
168
169   Going through the Capital Projects List 2005 to 2009 he explained the land acquisition and Town
170   Office relocation proposed funding amount. This money would be for the lease or purchase of land,
171   with other money coming from the Dedicated Building Fund for site engineering/ architectural
172   services and permitting.
173
174   There are dollars set aside in the State’s Records Preservation Fund for vault expansion for the
175   Town Clerk. Ms. Myers asked if that money could be used towards a vault at a new site. Mr. Lutz
176   answered yes.
177
178   Renovation of 81 Main Street for Police has a dedicated building fund of $500,000 available.
179
180   He stated there are some maintenance items that need to be done at the existing Highway garage,
181   for instance the re-siding of existing garage and separating office space from truck/maintenance
182   areas with an addition of two bays. He said this work is still necessary even if he were to relocate
183   to the new Town Office building. Additional room for the superintendent and water and sewer
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      ESSEX SELECTBOARD                           DRAFT                           JANUARY 12, 2004

184   crew is needed in the existing Highway garage. An expansion would allow more area for vehicles
185   and office space in that building. At this point there is no money proposed for the 2005 budget with
186   a funding source to be determined.
187
188   There is no source of funding for the Highway garage storm water compliance which includes a
189   calcium chloride tank containment system, a fuel system canopy, control system, alarms, and
190   drainage, Therefore he has added it to the proposed funding for 2005.
191
192   Maintenance for the Library has been deferred but in the future there will be a need to talk about all
193   the building’s needs. Mr. Torti asked if any of the maintenance items were pressing. Mr. Lutz
194   read through a list of items that need attention soon.
195
196   Town Green improvements has no money budgeted in 2005 but there is work that needs to be done
197   in that area. Mr. Lutz suggested that they lay conduit to replace the two service poles in the area,
198   place street lighting around the Green, narrow the road, and place some dedicated parking for the
199   cemetery. He estimates this would cost $36,000.
200
201   Mr. Lutz summarized the building project needs by stating the actual dollars that the department
202   proposed for buildings in the 2005 budget. For land acquisition and Town Office relocation
203   $158,000 is budgeted, and an additional $58,000 is budgeted for Highway garage storm water
204   compliance.
205
206   Referencing the Highway budget, he began by stating that funding sources for the Butlers Corners
207   Intersection project would come from several areas: $1,183,000 from Federal funds, $118,000
208   from the State, $31,018 developer, $55,000 from Capital Reserve fund of 2004 and $62,700 would
209   come from the 2005 budget. He has placed $865,342 in the proposed budget for 2005.
210
211   Old Stage Road reconstruction has available funds of $62,000 from the Capital Reserve Fund from
212   2004, and $70,000 from the operating fund. An additional $10,000 is needed in 2005.
213
214   Chelsea Road reconstruction has a proposed budget addition of $110,000. To fund the part of the
215   project, the Capital Reserve fund/capital tax has set aside $100,000, and an additional $10,000 has
216   been taken from the operating fund for 2005.
217
218   Lamell Avenue partial reconstruction has $25,000 proposed for 2005. To fund part of this project,
219   the Capital Reserve fund/capital tax has $25,000 set aside.
220
221   There is nothing budgeted for Allen Martin Parkway and the park and ride lots.
222
223   The design of David Drive traffic light has $20,000 proposed for 2005. To fund part of this project,
224   $28,600 has been collected from developers, $31,600 in prior town funds for Susie Wilson Road,
225   potential developer fees of $43,000 and they could use some of the program construction costs set
226   aside for 2006. Mr. Carr asked if this item should be discussed further. Mr. James concluded that
227   they would need to revisit this issue in an upcoming meeting. Mr. Scheidel pointed out the
228   Selectboard would meet three more times in January and it could be added for discussion during
                                                        5
      ESSEX SELECTBOARD                           DRAFT                           JANUARY 12, 2004

229   one of those meetings.
230
231   Mr. Lutz discussed a plan that could help jump-start a solution to the traffic signal issues on Susie
232   Wilson Road. He stated that if the State agrees to buy a controller costing $2,500 we would allow
233   them to place the controller in the Town’s signal box on Susie Wilson Road that Essex owns. The
234   lights on Pinecrest control Ames shopping Plaza and Rite Aid. The State has a small box on a pole
235   located on Susie Wilson Road. There is a conduit between the two locations. He proposes the
236   Town rewire the conduit from their pole to our signal. The State could then buy a new controller
237   for Route 15 and place it in the Town’s box on Susie Wilson Road. The State could then use that
238   box to control the lights on Route 15, Pinecrest and Ames.
239
240   Mr. James asked if we could integrate the signals for David Drive and Kellogg Road. Mr. Lutz
241   explained that it would be integrated. In summary Mr. Lutz stated the Town could make big
242   improvements if there was one master controller in that area and some of the dollars in the 2005
243   highway budget might go to this project.
244
245   There is a need for an engineering study to be done in the Painesville area. There is at least one
246   developer who is interested in perhaps paying for part of the project. Mr. James commented that
247   once the study is done and before they proceed, the Selectboard needs to find out if the public wants
248   to do it.
249
250   Mr. Lutz pointed to the items for the design of Alder Brook pump station upgrades and
251   construction. He stated this is the last piece needed in upgrading our Sewer Systems.
252
253   The next discussion was on the equipment budget for 2005. The Town is in the 2nd of a two-year
254   lease for Truck #123, and in the 3rd of a four-year lease for a sidewalk sweeper. In the near future
255   there will be a need for Parks Equipment Vehicles and a Fire Department Tower/Pumper but there
256   is no money budgeted in 2005 for these two items.
257
258   Looking at Park Facilities, the Skate Park (phase 1) has no money budgeted for 2005. Mr. Torti
259   asked where the Town stood on this issue. Mr. Scheidel stated that the project is at a standstill as
260   the number one site available by the Lang Farm golf course was eliminated. The Senecal property
261   was considered but was also eliminated.
262
263   The Lang Farm Neighborhood Park (phase II) has $30,000 budgeted in 2005. Mr. Fisher explained
264   that last year in Phase I, there was an increase in costs of $20,000 for drainage. Instead of asking
265   for $10,000 for Phase II, they are asking for $30,000.
266
267   Sand Hill Spray-ground Pool has $3,000 budgeted for 2005. Mr. Torti asked if the pool was in
268   good condition. Mr. Lutz stated that the maintenance items requested for the pool seem within
269   normal range.
270
271   Foster Road Park Playground has been delayed until 2006 due to lack of funding.
272
273   The work on the Eurasian Milfoil mitigation at Indian Brook has been delayed pending results of
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      ESSEX SELECTBOARD                            DRAFT                         JANUARY 12, 2004

274   annual monitoring.
275
276   Mr. Torti explained that Phase I of the Tree Farm Soccer fields has been completed. There may be
277   one game this year but they would like to have the turf establish itself before the fields are used
278   extensively. The driveway seems to be the only issue holding it up.
279
280   Mr. Lutz then explained the Paths/Walks/Trails proposed budget for 2005. He listed several trails
281   and sidewalks that are planned for in the budget: Vt. Route 15 near McDonalds, design and
282   permitting of Old Stage Village/Heritage Estates Trail, Butlers Corners/Old Stage Road, design
283   work Vt. Route 15 from Saybrook to Essex Square, and Vt. Route 15 from Sand Hill Road to
284   Vt.128/Towers Road.
285
286
287   EXECUTIVE SESSION
288   AT 9:10 PM JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION
289   TO ENTER EXECUTIVE SESSION TO DISCUSS PERSONEL, CONTRACTS AND
290   POTENTIAL LITIGATION TO INCLUDE THE SELECTBOARD, TOWN MANAGER,
291   THE DEPUTY TOWN MANAGER, AND TOWN ENGINEER/PUBLIC WORKS
292   DIRECTOR. THE PREMATURE PUBLIC KNOWLEDGE OF THE ISSUES TO BE
293   DISCUSSED IN THE EXECUTIVE SESSION WOULD PLACE THE MUNICIPALITY AT
294   A SUBSTANTIAL DISADVANTAGE. THE MOTION PASSED 4-0.
295
296   AT 9:30 P.M., JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A
297   MOTION TO EXIT EXECUTIVE SESSION. THE MOTION PASSED 4-0.
298
299   TOM JAMES STATED THAT THE WORK SESSION ON THE BUDGET WAS
300   RECESSED UNTIL JANUARY 19 AT 6:30 PM AT WHICH TIME THE SELECTBOARD
301   WILL BE CONDUCTING A FINAL REVIEW OF THE BUDGET IN PREPARATION FOR
302   A PUBLIC HEARING ON JANUARY 26.
303
304   Respectfully submitted,
305   June M. Campbell
306
307   June M. Campbell
308   Recording Secretary
309
310   Approved this _______________ day of _________, 2004.
311
312   (See minutes of this date for corrections, if any).
313
314   _______________________________
315   Thomas W. Torti, Clerk, Selectboard
316
317   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)
                                                            7
 1                                            TOWN OF ESSEX
 2                                             SELECTBOARD
 3                                                MINUTES
 4                                             January 19, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Jeffrey B. Carr, Linda Myers, Alan Nye and Thomas
 7   Torti.
 8
 9   OTHERS PRESENT: Patrick Scheidel, Town Manager, Dawn Francis, Deputy Town Manager,
10   and Doug Fisher, Finance Director.
11
12   Mr. James called the meeting to order at 6:35 p.m.
13
14   BUDGET WORK SESSION – Continued
15
16   Selectboard
17
18   Pages 100 – 104: The Board accepted the Town Manager’s recommendation.
19
20   Town Manager
21
22   Page 110 - 111: The Board accepted the Town Manager’s recommendation.
23
24   Page 112: Mr. James asked if there was a rational for the $10,000 charge to do a pay study. Mr.
25   Scheidel stated after doing a survey of businesses in the area that do these types of studies, this is
26   the estimated figure he came up with. Mr. Carr proposed this line be reduced by $2,500. The
27   Board approved this line item at $7,500.
28
29   Pages 113 – 121: The Board accepted the Town Manager’s recommendation.
30
31   Economic Development
32
33   Pages 130 – 135: The Board accepted the Town Manager’s recommendation.
34
35   Elections
36
37   Pages 140 – 142: The Board accepted the Town Manager’s recommendation.
38
39   Finance
40
41   Pages 150 – 161: The Board accepted the Town Manager’s recommendation.
42
43   Tax Collection
44
45   165 – 166: The Board accepted the Town Manager’s recommendation.
46
47   Legal Services
48
     ESSEX SELECTBOARD                          DRAFT                          JANUARY 19, 2004

49   Page 167: Mr. Nye proposed decreasing this item by $3,000. The Board approved this line item at
50   $22,000.
51
52   Town Clerk
53
54   Pages 170 – 178: The Board accepted the Town Manager’s recommendation.
55
56   Buildings and Plant
57
58   Pages 180 – 191: The Board accepted the Town Manager’s recommendation.
59
60   Real Estate Appraisal
61
62   Pages 200 – 208: The Board accepted the Town Manager’s recommendation.
63
64   Public Works
65
66   Pages 210 – 220: The Board accepted the Town Manager’s recommendation.
67
68   Community Development
69
70   Pages 230 – 231: The Board accepted the Town Manager’s recommendation.
71
72   Page 232: Mr. Nye proposed decreasing this line item by $10,000. Mr. Carr counter proposed a
73   $5,000 reduction. The Board approved this line item at $25,000.
74
75   Pages 233 – 241: The Board accepted the Town Manager’s recommendation.
76
77   Police
78
79   Page 250: Referring to page 250-1, Mr. Nye observed that last year the Board cut overtime. This
80   year overtime is proposed using the historical number they used before 2003 plus an increase. He
81   would like to see it go to last year’s number. Mr. James said he would like to ask the Chief to
82   develop a cap system for the overtime and some way to spread it out evenly among the officers.
83   After some discussion, Mr. Nye proposed a reduction of $30,000. The Board approved this line
84   item at $1,711,000.
85
86   Page 251: Mr. Carr proposed reducing this line item by $4,695 to match the reduction in salaries.
87   The Board approved this line item at $659,217.
88
89   Pages 252 – 271: The Board accepted the Town Manager’s recommendation.
90
91   Page 272: Mr. Torti proposed reducing this line item by $1,000. The Board approved this line item
92   at $14,000.
93
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      ESSEX SELECTBOARD                          DRAFT                           JANUARY 19, 2004

 94   Pages 273 – 275: The Board accepted the Town Manager’s recommendation.
 95
 96
 97
 98   Fire
 99
100   Pages 280 – 286: The Board accepted the Town Manager’s recommendation.
101
102   Page 287: Mr. Torti proposed reducing this line item by $125, the cost of the boat oars. The Board
103   approved this line item at $4,225.
104
105   Pages 288 – 300: The Board accepted the Town Manager’s recommendation.
106
107   Emergency Management
108
109   Pages 310 – 315: The Board accepted the Town Manager’s recommendation.
110
111   Highways and Streets
112
113   Pages 320 – 351: The Board accepted the Town Manager’s recommendation.
114
115   Page 352: Mr. Nye stated that the increased effort in cleaning and repairing catch basins should not
116   be listed in the General Fund and should come out of the Stormwater budget, since it was
117   specifically created for Federal Stormwater mandates. He assumed the money in the Stormwater
118   budget would cover the increased cost for cleaning and repairing catch basins. He proposed that
119   this line item be reduced by $9,250. Mr. Carr proposed a reduction of $25,000 because it’s nearer
120   the amount spent in the prior year. After a lengthy discussion it was decided the reduction of
121   $25,000 should be taken from this line item and be placed in the Stormwater budget. The Board
122   approved this line item at $22,250.
123
124   Pages 353 - 354: The Board accepted the Town Manager’s recommendation.
125
126   Stormwater
127
128   Pages 360 – 362: The Board accepted the Town Manager’s recommendation.
129
130   Page 363: Mr. Carr proposed increasing this line item by $25,000. This would replace the
131   reduction made on line item 352. The Board approved this line item at $27,000.
132
133   Page 364: Mr. Carr proposed reducing this line item by $1,981. The Board approved this line item
134   at $40,000.
135
136   Page 365: The Board accepted the Town Manager’s recommendation.
137
138   Page 366: Mr. Carr proposed reducing this line item by $1,000. The Board approved this line item
                                                       3
      ESSEX SELECTBOARD                          DRAFT                           JANUARY 19, 2004

139   at $5,000.
140
141   Page 367: The Board accepted the Town Manager’s recommendation.
142
143   Sanitation
144
145   Page 370: The Board accepted the Town Manager’s recommendation.
146
147
148   Health and Welfare
149   Public Health
150
151   Pages 380 – 383: The Board accepted the Town Manager’s recommendation.
152
153   Welfare and Other
154
155   Page 384: The Board waited until later in the evening to decide on this line item.
156
157   Page 385: Mr. Carr proposed a reduction of $5,500. He stated that Essex Rescue hired staff, which
158   the Town was not be responsible for. The Board approved this line item at $6,500.
159
160   Pages 386 – 387: The Board accepted the Town Manager’s recommendation.
161
162   Recreation
163
164   Pages 390 – 396: The Board accepted the Town Manager’s recommendation.
165
166   Page 397: Mr. Nye proposed increasing this line item by $4,000 for a site management plan of the
167   Town property on Browns River Road. Mr. Fisher suggested the money be placed in the Parks
168   budget line item 427. The Board accepted the Town Manager’s recommendation of $70,000.
169
170   Pages 398 – 400: The Board accepted the Town Manager’s recommendation.
171
172   Page 401: Mr. Torti explained that this year Youth Soccer, Little League and Lacrosse would begin
173   charging a field maintenance fee per head for anyone that participates in those programs. He
174   proposed these fees come out of the budget instead of being passed onto the users. Some families
175   have more than one person in programs and the cost could become burdensome. Mr. Torti proposed
176   to increase this line item by $1,400 to cover the cost of field maintenance fees. Mr. Nye argued
177   that if the money comes from taxes, those that do no use the fields would also be paying for the
178   maintenance through those increased taxes. Ms. Francis pointed out that the School Board makes
179   policy on this issue and they suggested the Recreation Department charge a user fee. Mr. Carr
180   proposed to keep this line item at $1,000 and direct the Recreation Department not to charge a field
181   maintenance fee for the three programs. He noted that would create a loss of $3500 in Recreation’s
182   revenue. Mr. Scheidel stated the Board may have made a motion to charge user fees and if that
183   was the case, a decision not to charge a fee must be made during a regular scheduled meeting. Staff
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      ESSEX SELECTBOARD                          DRAFT                           JANUARY 19, 2004

184   will research the records, and for the time being, the Town Manager’s original recommendation of
185   $1,000 stands.
186
187   Pages 402 – 407: The Board accepted the Town Manager’s recommendation.
188
189   Pages 408 – 409: These line items remain stay the same until staff provides further information.
190   The same directive exists as page 401.
191
192   Pages 410 – 411: The Board accepted the Town Manager’s recommendation.
193
194   Parks
195
196   Pages 420 – 426: The Board accepted the Town Manager’s recommendation.
197
198   Page 427: Mr. Nye proposed increasing this line item by $4,000 for a site management plan of the
199   Town property on Browns River Road. The Board approved this line item at $11,056.
200
201   Pages 428 – 434: The Board accepted the Town Manager’s recommendation.
202
203   Swimming Pools
204
205   Pages 440 – 454: The Board accepted the Town Manager’s recommendation.
206
207   Senior Citizen Bus
208
209   Pages 460 – 466: The Board accepted the Town Manager’s recommendation.
210
211   Libraries
212   Essex Free Library
213
214   Pages 470 – 478: The Board accepted the Town Manager’s recommendation.
215
216   Page 479: Mr. Carr proposed increasing this line item by $2,500 being that the same was done for
217   the Brownell Library last year. In looking at last year’s budget, Mr. Fisher stated Brownell’s
218   budget was increased by $1,500 last year. Mr. Carr then proposed increasing this line item by
219   $1,500. The Board approved this line item at $31,500.
220
221   Pages 480 – 483: The Board accepted the Town Manager’s recommendation.
222
223   Brownell Library
224
225   Page 484: The Board accepted the Town Manager’s recommendation.
226
227   Conservation
228
                                                       5
      ESSEX SELECTBOARD                          DRAFT                           JANUARY 19, 2004

229   Pages 485 – 486: The Board accepted the Town Manager’s recommendation.
230
231   Debt Service
232   Principal
233
234   Pages 490 – 495: The Board accepted the Town Manager’s recommendation.
235
236   Interest
237
238   Pages 496 – 504: The Board accepted the Town Manager’s recommendation.
239
240
241   Intergovernmental Expense
242
243   Page 510: Mr. Fisher recommended this line item be reduced by $20,324. The Board approved
244   this line item at $98,886.
245
246   Page 511: Mr. Nye proposed this line item be reduced by $1,089. The Board approved this line
247   item at $179,857.
248
249   Page 512: Mr. Nye proposed this line item be reduced by $1,500 to finance the vehicle listed over a
250   two-year period instead of one year. The Board approved this line item at $46,000.
251
252   Page 513 – 514: The Board accepted the Town Manager’s recommendation.
253
254   Page 384: Mr. Fisher stated the amount on this line item should be reduced by $730. The Board
255   approved this line item at $75,977.
256
257   Mr. Fisher stated the Board cut $72,944 in total from the budget, an increase of $370,400, or 5.12%
258   over FYE 2004.
259
260   Mr. James stated he would like to see the percentage increase nearer 3.7%. Mr. Fisher stated that in
261   order to get the figure under 5%, the Board would have to cut over $9,000.
262
263   Mr. Scheidel recommended that the Board reduce line item 112 by $7,000 stating he could do the
264   classification study himself. The Board approved this line item at $500.
265
266   Mr. Scheidel suggested that line item 101 could be reduced by $2,000. The Board approved this
267   line item at $13,000.
268
269   Mr. Carr proposed that line item 167 be reduced another $4,000. The Board approved this line item
270   at $18,000.
271
272   Mr. Fisher stated with the cuts, the proposed budget total was $7,584,599, representing a $357,269
273   or 4.94% increase over FYE 2004. After calculating the increases, Mr. Fisher stated that $300,000
                                                       6
      ESSEX SELECTBOARD                          DRAFT                          JANUARY 19, 2004

274   of the increase came from increases in salaries and benefits, another $30,000 from increases in
275   recreation and purchased services. Mr. Scheidel stated there was a $30,000 increase in Professional
276   Services for the Town Plan. The Board had a lengthy discussion regarding the need to look at
277   services to see where cuts could be made in the future.
278
279
280   FYE 05 CAPITAL BUDGET
281
282   Mr. Scheidel stated that under Project Facilities, the project funding for the Tree Farm Soccer
283   Fields should be taken off the list and the line item be deleted.
284   Mr. Scheidel stated the Total Project Cost in the Capital Budget was $1,668,942, with the funding
285   sources identified lower on the page.
286
287   Mr. James asked about the Land Acquisition for the Town Offices listed on the first page. He
288   believed this was one more in a series of announcements, with the exception of a figure now being
289   listed. He recommended that a short presentation be made during the public hearing of January 26
290   and at Town Meeting. Mr. Carr said the public has been aware of this for some time. Ms. Myers
291   believed that it’s time to begin the process.
292
293   The Board accepted the Town Manager’s recommendation of $1,668,942 of Total Project Costs in
294   the Capital Budget, with the Funding Sources listed at the bottom of the budget.
295
296   BUSINESS
297
298   Vote to warn public hearing for FYE 05 Budget (1/26/04)
299
300   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO WARN
301   A PUBLIC HEARING FOR THE FYE 2005 BUDGET IN THE AMOUNT OF $7,584,599 AN
302   INCREASE OF 4.94%, TO BE HELD on JANUARY 26, 2004 AT 7:35 PM AT 81 MAIN
303   STREET. THE MOTION PASSED 5-0.
304
305   Vote to warn public hearing for FYE 05-09 Capital Budget (2/23/04)
306
307   JEFFREY B. CARR MOVED LINDA MYERS SECONDED A MOTION TO WARN A
308   PUBLIC HEARING FOR THE FYE 2005-2009 CAPITAL BUDGET IN THE AMOUNT OF
309   $1,668,942 TO BE HELD FEBRUARY 23, 2004, AT 7:35 PM AT 81 MAIN STREET. THE
310   MOTION PASSED 5-0.
311
312   Review Draft Town Meeting Warning
313
314   Mr. James stated it was his intent during the Town Meeting to take a few minutes to explain the
315   need for a new municipal building.
316
317   Other Business
318
                                                       7
      ESSEX SELECTBOARD                         DRAFT                           JANUARY 19, 2004

319   Mr. Scheidel explained a memo from Fire Chief, Howard Rice dated 12/15 regarding Mutual Aid
320   Authorization. He stated that in the memo the Chief was asking for permission to enter into talks
321   with other Fire Departments and also for permission to sign agreements with other Fire
322   Departments for Mutual Aid. Currently, the Selectboard signs off on any agreements. Ms. Myers
323   stated the law requires that a community vote on the issue if there is a change in who authorizes
324   policy. The Board decided that they would continue to sign off on any agreements and encouraged
325   Chief Rice to attend meetings, bringing any policy decisions to the Board.
326
327   Mr. Scheidel discussed a memo from Cheryl Moomey dated 1/16/04 regarding the Chittenden
328   County Bond Vote Ballot. Ms. Moomey recommended that they include the Chittenden County
329   Bond Vote on the Essex ballot. She states it would save an additional paper ballot and the machine
330   could count the ballots without extra cost.
331
332   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO
333   INCLUDE THE CHITTENDEN COUNTY BOND VOTE ON THE TOWN MEETING
334   WARNING AND BALLOT. THE MOTION PASSED 5-0.
335
336   EXECUTIVE SESSION
337
338   AT 9:30 PM JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION
339   TO ENTER EXECUTIVE SESSION TO DISCUSS PERSONEL, CONTRACTS AND
340   POTENTIAL LITIGATION TO INCLUDE THE SELECTBOARD, TOWN MANAGER,
341   AND THE DEPUTY TOWN MANAGER. THE PREMATURE PUBLIC KNOWLEDGE OF
342   THE ISSUES TO BE DISCUSSED IN THE EXECUTIVE SESSION WOULD PLACE THE
343   MUNICIPALITY AT A SUBSTANTIAL DISADVANTAGE. THE MOTION PASSED 5-0.
344   JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO EXIT
345   EXECUTIVE SESSION. THE MOTION PASSED 5-0.
346
347   AT 10:00 PM JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO
348   ADJOURN THE MEETING. THE MOTION PASSED 5-0.
349
350   TOM JAMES NOTED THAT THE NEXT SELECTBOARD MEETING WOULD BE ON
351   JANUARY 26, 2004 AT WHICH TIME THERE WOULD BE A PUBLIC HEARING ON THE
352   FYE 2005 OPERATING BUDGET.
353
354
355
356   Respectfully submitted,
357   June M. Campbell
358
359   June M. Campbell
360   Recording Secretary
361
362   Approved this _______________ day of _________, 2004.
                                                      8
      ESSEX SELECTBOARD                            DRAFT        JANUARY 19, 2004

363
364   (See minutes of this date for corrections, if any).
365
366   _______________________________
367   Thomas W. Torti, Clerk, Selectboard
368
369   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)




                                                            9
 1                                           TOWN OF ESSEX
 2                                            SELECTBOARD
 3                                               MINUTES
 4                                            January 26, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Jeffrey B. Carr, Linda Myers, Alan Nye and Thomas
 7   Torti.
 8
 9   OTHERS PRESENT: Patrick Scheidel, Town Manager; Dawn Francis, Deputy Town Manager;
10   Doug Fisher, Finance Director; Herbert A. Durfee, III, Community Development Director; Jill
11   Schliesser, Planner; David Rogerson, Dustin Bruso, Michael Plageman, Jim Rose, Peter Lyon and
12   Mark Marsh.
13
14   Mr. James called the meeting to order at 7:00 p.m.
15
16   EXECUTIVE SESSION
17
18   AT 7:01 PM JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION
19   TO ENTER EXECUTIVE SESSION TO DISCUSS CONTRACTS TO INCLUDE THE
20   SELECTBOARD, TOWN MANAGER, AND THE DEPUTY TOWN MANAGER. THE
21   PREMATURE PUBLIC KNOWLEDGE OF THE ISSUES TO BE DISCUSSED IN THE
22   EXECUTIVE SESSION WOULD PLACE THE MUNICIPALITY AT A SUBSTANTIAL
23   DISADVANTAGE. THE MOTION PASSED 5-0.
24
25   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO EXIT
26   EXECUTIVE SESSION. THE MOTION PASSED 5-0.
27
28   The Selectboard reconvened to the conference room at 7:28 pm for the regularly scheduled
29   Selectboard meeting.
30
31   PLEDGE OF ALLEGIANCE
32
33   Mr. James invited those present to join him in reciting the “Pledge of Allegiance.”
34
35   PUBLIC TO BE HEARD
36   There were no comments from the public.
37
38   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO AMEND
39   THE AGENDA TO TAKE UP THE AQUATIC NUISANCE CONTROL PERMIT
40   APPLICATION LISTED UNDER BUSINESS ITEMS. THE MOTION PASSED 5-0.
41
42   Mr. James explained the reason for the amended agenda by stating that the hearing for the FYE ’05
43   Operating Budget was warned to begin at 7:35 pm.
44
45   BUSINESS
46   Aquatic Nuisance Control Permit Application
47
48   Mr. Scheidel asked that the Board approve the Town’s withdrawal of the Aquatic Nuisance Control
     ESSEX SELECTBOARD                          DRAFT                           JANUARY 26, 2004

49   Permit Application with the State. Based upon the tests of 2001-2002, the milfoil has been kept in
50   check and therefore the State is recommending the Town withdraw the application.
51
52   ALAN NYE MOVED AND JEFFREY B. CARR SECONDED A MOTION TO WITHDRAW
53   THE AQUATIC NUISANCE CONTROL PERMIT APPLICATION.
54
55   Mr. Carr asked if the Town paid a permit application fee. Mr. Scheidel didn’t believe the Town
56   did. Mr. Carr explained that he would be against voting for this withdrawal if the Town would be
57   required to pay another application fee further down the road. He would rather keep the application
58   open and pay for the update on the milfoil study. He would vote in favor of the motion provided
59   that the Town would not be required to pay another permit application if they already paid one.
60
61   ALAN NYE WITHDREW HIS MOTION TO WITHDRAW THE AQUATIC NUISANCE
62   CONTROL PERMIT APPLICATION UNTIL THE BOARD RECEIVES MORE
63   INFORMATION ON THE APPLICATION FEE.
64
65   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO TABLE
66   THE AQUATIC NUISANCE CONTROL PERMIT APPLICATION UNTIL THE NEXT
67   MEETING. THE MOTION PASSED 5-0.
68
69   PUBLIC HEARING
70   FYE 05 Operating Budget
71
72   Mr. James began by explaining losses on the revenue side. Listing line 17: “C-O-P-S Grant”, he
73   stated the number had gone to zero because the grant had run out.
74
75   On line 21, there was approximately $92,000 less revenue from the IBM payment for services –
76   general, and on line 22, approximately $6,000 less revenue from the IBM payment for services –
77   highway.
78
79   Totaling the above, there is approximately $109,000 less revenue this year than last. That was a
80   major factor in determining the budget.
81
82   Referencing line 232, Mr. James explained that the item had increased $15,000 in preparation for
83   the Town Plan Update. It’s a mandated circumstance that the Town Plan be updated every 5 years.
84
85
86   Mr. James then referred to lines 360 through 367 – Stormwater. The entire stormwater issue is an
87   unfunded mandate. The expense of $142,022 has been added to cover that mandate.
88
89   To deal with these unfunded mandates, there has been $157,022 added to the budget.
90
91   Mr. James asked for comments from the public. There was no public to be heard.
92
93   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO CLOSE
                                      2
      ESSEX SELECTBOARD                           DRAFT                           JANUARY 26, 2004

 94   THE PUBLIC HEARING. THE MOTION PASSED 5-0.
 95
 96   Planning Commission & Selectboard Draft Citizen Survey for Town Meeting
 97
 98   Mr. Durfee began by explaining the error of two different draft surveys being distributed to the
 99   Selectboard. Both surveys contain the same information, but the demographic questions are at the
100   end of the survey in one, and at the beginning in the other. In effect, this changes the numbers. For
101   the purposes of these minutes, the survey used for corrections has the demographic questions listed
102   at the beginning.
103
104   Mr. Durfee referred to a correction on question10-x. The term “productive” should be deleted. The
105   line should read, “Protect remaining farmland and forest land.”
106
107   Under question10-bb, after “bound by” insert “or adjacent to”. The line should read, “Expand the
108   Town Center to include at least the property bound by or adjacent to the Circumferential Highway,
109   Route 15, and Essex Way.”
110
111   Mr. Durfee pointed out that questions 10-j and 10-m were items the Planning Commission left open
112   for further discussion with the Selectboard.
113
114   Mr. Durfee then referred to a memo he wrote to the Selectboard regarding the new planning goal
115   relating to childcare. He suggested adding a 10-h, which would read: “Improve availability of
116   quality childcare from birth through age 12.” The remaining questions would be re-lettered.
117
118   Question 5: Mr. James asked why this question was in the survey. Mr. Durfee explained that there
119   were some issues the Town and Village shared, for instance trails. The last Town Plan did not
120   include Village planning goals. If this question were not included in the survey, there would still be
121   a cooperation of sorts between planning offices. Mr. Torti suggested that the question should read,
122   “Should the Town Plan covering Essex outside the Village include issues of mutual interests to the
123   Village and Town.” Mr. Carr suggested adding the word “complimentary” as well as similar. Mr.
124   Nye acknowledged he wasn’t sure why the question was being asked. He believed there is a mutual
125   agreement between the Village Trustees and Town Selectboard to work together and asking the
126   question may lead citizens to think otherwise. Ms. Myers agreed with Mr. Nye.
127
128   Mr. James asked for comments from the Planning Commission on question 5. Mr. Plageman stated
129   he voted for the question to be on the survey because the Village is a part of the Town. Mr. Lyon
130   stated the question wasn’t asked on the last survey, and for an accurate comparison it shouldn’t be
131   listed on this one. Mr. Rogerson recommended that the question be eliminated if the data collected
132   wasn’t going to be useful in some way.
133
134   Mr. James suggested that question 5 be taken out or rewritten. Mr. Torti recommended that it be
135   deleted. Consensus was that the question should be eliminated from the survey.
136
137   Question 6: Mr. Torti asked if the adjectives on the items for question 6, equal the conclusions. He
138   suggested deleting the beginning adjective statements. The consensus was that the items for
                                                        3
      ESSEX SELECTBOARD                            DRAFT                            JANUARY 26, 2004

139   question 6 should read: All growth in Essex should stop; Existing controls on growth should
140   continue; Controls on growth should be relaxed; All controls should be abolished.
141
142   Questions 7 - 9: The Board accepted the Planning Commission’s recommendation.
143
144   Question 10: Mr. Nye was concerned with the format of this section. He counted 29 items under
145   this question. He didn’t believe that the questions get at the issues that are important for the people.
146    In the last survey he could identify the issues that people felt strongly about, and the issues they
147   wanted changed. The “Yes” or “No” format in this survey won’t give the same information as the
148   ranges of concern on the prior survey. Mr. Rogerson stated that the Planning Commission looked
149   at this survey as a Town Plan Survey and not as a survey that would give scientific data. After a
150   lengthy discussion regarding the informational value of the “Yes” or “No” answers, the consensus
151   was to use the same gradient used for questions 13-14: “Strongly Agree; Agree; Disagree; Strongly
152   Disagree; No Opinion.”
153
154   Mr. Torti gave his suggestions on the following items. Looking at 10-d, he wondered if the general
155   public would know about stormwater management and suggested it be reworded. On question10-i,
156   he suggested separating cellular/wireless towers from wind generation facilities since they are
157   different issues. He agreed that question10-j should be eliminated. He suggested combining k and
158   l, if there were a need to condense the survey. He would eliminate 10-m. On question10-w, there
159   should be clarification regarding where historic character should be preserved. In question10-x, he
160   agreed that the word “productive” should be deleted. He had an issue with question10-aa
161   mentioning specific businesses.
162
163   Mr. James agreed with Mr. Torti’s suggestions. He asked if the Board had comments on Mr.
164   Torti’s suggestions or additional comments regarding question 10.
165
166   Mr. Nye suggested that item 10-t, expand bus service, needed clarification with respect to CCTA,
167   SSTA and the Senior Bus service. If the question has to do with mass transit, then ask about
168   CCTA, SSTA. The Senior Bus service might be considered a government service and separate
169   from CCTA and SSTA. Mr. James suggested item 10-t be split into two or three questions.
170
171   Ms. Myers agreed that 10-d, j and m should be eliminated. She suggested that item 10-aa should
172   read: “in the Carmichael Street area” instead of mentioning specific businesses.
173
174   Mr. Carr believed that 10-m may be valuable and felt it should stay in the survey. Mr. James asked
175   for opinions. It was the consensus to keep10-m in the survey and move it closer to the top of
176   question 10, and eliminate items 10-d and 10-j. Since there were no objections to Mr. Torti’s other
177   suggestions under question 10, Mr. James considered it consensus to go with the suggested
178   changes.
179
180   Questions 11-12: The Board accepted the Planning Commission’s recommendation.
181
182   Question 13: Mr. James suggested that in question13-b the words “Essex Outlet Fair” be
183   eliminated since the Board decided not to make references to particular businesses. The Board
                                                      4
      ESSEX SELECTBOARD                           DRAFT                           JANUARY 26, 2004

184   agreed.
185
186   Mr. Lyon commented on the words “Higher traffic generating” in item 13-a. He stated that the
187   words would lead the public to believe the types of businesses listed automatically generate more
188   traffic, throwing a negative connotation to the item. Ms. Myers suggested deleting “Higher traffic
189   generating.” The consensus was to delete “Higher traffic generating.”
190
191   Question 14: Mr. Torti believed that question 14-a should be divided into two questions separating
192   “areas currently served by sewer” from “those zoned for residential growth.” Mr. James asked for
193   the Boards thoughts. Consensus was to separate question14-a into two questions.
194
195   Questions14-b through 14-d: The Board accepted the Planning Commission’s recommendation.
196
197   Question14-e: Mr. Nye asked what the solution would be if people agreed with a higher density in
198   existing residentially zones areas. Mr. Durfee stated it would mean building taller buildings and/or
199   allowing more subdivision. The Board accepted the Planning Commission’s recommendation.
200
201   Question14-f: The Board accepted the Planning Commission’s recommendation.
202
203   Question14-g: Mr. Torti suggested this question read “3 acre or greater lots.” Consensus was the
204   question should read, “If housing development occurs in rural areas it should be on 3 acre or greater
205   lots.”
206
207   Question14-h: The Board accepted the Planning Commission’s recommendation.
208
209   Question 13: Mr. Carr noted there was inconsistency with the wording in this question comparing
210   “Commercial Growth” at the beginning of the question with “commercial development” at the end
211   of the question. He recommended that the words “Commercial Development” replace “Commercial
212   Growth.”
213
214   Mr. Durfee asked if it was the Board’s desire to have the new planning goal concerning childcare
215   inserted into question 10. Mr. Nye asked if it was a new goal at the State level to have towns assist
216   in childcare. Mr. Durfee explained that the governor’s Jobs Bill added this new planning goal last
217   year. Essex now has to deal with insuring the availability of safe and affordable childcare and
218   integrate childcare issues into the planning process including childcare financing, infrastructure,
219   business assistance to childcare providers, and childcare workforce development. There may be a
220   number of ways to deal with this goal.
221
222   Mr. James asked what would happen if the public answered no to the question on childcare. Mr.
223   Durfee stated if there were an overwhelming no to this question, the Town would have to write
224   something in the Town Plan that addresses the survey answer and its inconsistency with the new
225   planning goal.
226
227   Demographic questions:
228   Question 1: Mr. James suggested that the items listed should read: “Town outside the Village” and
                                                      5
      ESSEX SELECTBOARD                         DRAFT                          JANUARY 26, 2004

229   “Town inside the Village.” This would eliminate any unnecessary confusion.
230
231   Question 2: Mr. James had the same concern with Village and Town references in this question.
232   Mr. Torti suggested it be changed to read: “How long have you lived in Essex.”
233
234   Questions 3-4: The Board accepted the Planning Commission’s recommendation.
235
236   Mr. James asked Mr. Durfee if he wanted the Selectboard to review the survey once the changes
237   were made. Mr. Durfee explained that he would get the corrected survey to the Board by the end of
238   the week so they could make comments. Since he’s required to have the survey in time for
239   absentee ballots, replies were needed as soon as possible. Mr. James asked the Board to direct any
240   questions or major changes to Mr. Scheidel.
241
242
243   Town Meeting Warning
244
245   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO WARN
246   THE ANNUAL TOWN MEETING FOR MARCH 1, 2004 AND MARCH 2, 2004 (SEE
247   ATTACHED WARNING). THE MOTION PASSED 5-0.
248
249   Minutes of January 5, 6 & 12, 2004
250
251   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
252   APPROVE THE JANUARY 5, 2004 MEETING MINUTES WITH CORRECTIONS:
253   Line 22: Replace “for those children walking” with “for neighborhoods where children walk”.
254   Line 46: Replace “WW1” with “World War I”. Line 49: delete “Essex and”; replace “that” with
255   “who”. Line 55: Replace “WW2” with “World War II”. Line 71: replace “that” with “who”. Line
256   84: replace “WW2” with “World War II”. Line 99: add “$” to “9,800”; Uncapitalize “Thousand”.
257    Line 258: Replace “they” with “the Town”; replace “two years” with “two-year”. Line 259:
258   delete “they sold”; replace “1300” with “1,300”; replace “1700” with “1,700”; insert “were sold”
259   after “one-year passes”. Line 260: delete “them”. Line 277: replace “Last year they added an ice
260   cream stand” with “Last year an ice cream stand was added”. Line 290: after “jeopardy.” add
261   “There was a consensus of the Board on this issue.” Line 294: replace “$2500” with “$2,500”.
262   Line 306: replace “services” with “servicing customers in Vermont.” Line 321: replace “salary”
263   with salaries.”
264   THE MOTION PASSED 5-0.
265
266   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
267   APPROVE THE JANUARY 6, 2004 MEETING MINUTES WITH CORRECTIONS: Line
268   62: replace “suggesting” with “suggested”. Line 88: replace “planed” with “planned”. Line 98:
269   Insert “Mr.” before “Torti”. Line 138: replace “$1500” with “$1,500”. Line 139: insert “$”
270   before “41,900”. Lines 162-63: delete highlighting. Lines 177-78: Replace “$1000” with
271   “$1,000”.
272   THE MOTION PASSED 5-0.
273
                                                      6
      ESSEX SELECTBOARD                         DRAFT                          JANUARY 26, 2004

274   JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO APPROVE
275   THE JANUARY 12, 2004 MEETING MINUTES WITH CORRECTIONS: Line 6: Delete
276   “Alan Nye”.
277   Line 30: Uncapitalize “Governor’s”. Line 47: delete “ ’ ” in “CD’s”. Line 87: insert “Billie”
278   before “Butler”. Line 92: replace “$1450” with “$1,450”. Line 93: replace “$3600” with
279   “$3,600”. Line 236: replace “their” with “the State’s”. Line 255: Uncapitalize “Parks Equipment
280   Vehicles” and “Tower/Pumper”. THE MOTION PASSED 5-0.
281
282   CONSENT AGENDA
283   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO ACCEPT
284   THE CONSENT AGENDA WITH BOARD COMMENTS.
285
286   Check Warrant Reports 1/9 & 1/16, 2004
287   Mr. Nye asked if a column could be added to show whose money the report is referring to. Mr.
288   Scheidel noted the request.
289
290   CCCH Stormwater Discharge Permits
291   Environment Commission Hearing Recess Order – Pinewood Manor & BLMW
292   Sustainable Communities Conference 7/14-18
293   Essex Community Justice Center Flyer
294
295   Minutes
296   Winooski Valley Park District 9/11 & 10/9/03
297   CCRPC 11/24/03
298   Village of Essex Junction Trustees 12/9/03
299   Susie Wilson Road Committee 12/10/03
300   Mr. Torti had an issue with a statement listed in the minutes reading, “Conflict between through
301   traffic on Susie Wilson Road and pedestrian crossings would be mitigated if more people were on
302   foot in the area. The more people there are the more motorists would have an expectation of seeing
303   pedestrians and a safer environment would result.” Mr. Torti wasn’t sure that having more
304   pedestrians in the area would make it safer. He would like facts or a study showing why it would
305   be safer. He also had an issue with the committee’s assumption that when the Circumferential
306   Highway goes through, speeds on Susie Wilson Road could be lowered. Mr. Torti’s wasn’t sure
307   that was practical. Mr. Scheidel suggested that any questions should be relayed to the Committee
308   for their next meeting on February 2.
309
310   Town Center Committee 1/7/04
311
312   Agendas
313   Planning Commission Meeting Cancellation for 1/22/04
314   CCRPC 1/26/04
315   Zoning Board of Adjustment 2/5/04
316
317   Letters
318   To Tom James from CCRPC regarding Grant Application
                                             7
      ESSEX SELECTBOARD                            DRAFT                     JANUARY 26, 2004

319   To Various Businesses from Dept. of Liquor Control regarding Compliance
320   The Board publicly congratulated Cody’s Irish Pub and Grill, and The New England Culinary
321   Institute for passing the Underage Alcohol Purchase Compliance Survey.
322
323   Memos
324   From Herb Durfee regarding Town Plan Preparation
325
326   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO ACCEPT
327   THE CONSENT AGENDA. THE MOTION PASSED 5-0.
328
329   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
330   ADJOURN THE MEETING AT 9:45 PM. THE MOTION PASSED 5-0.
331
332
333
334
335   Respectfully submitted,
336   June M. Campbell
337
338   June M. Campbell
339   Recording Secretary
340
341   Approved this _______________ day of _________, 2004.
342
343   (See minutes of this date for corrections, if any).
344
345   _______________________________
346   Thomas W. Torti, Clerk, Selectboard
347
348   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)




                                                            8
 1                                           TOWN OF ESSEX
 2                                            SELECTBOARD
 3                                              MINUTES
 4                                            February 2, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Jeffrey B. Carr, Linda Myers, and Alan Nye.
 7
 8   OTHERS PRESENT: Patrick Scheidel, Town Manager, Dawn Francis, Deputy Town Manager,
 9   Mark Berry, Parks and Recreation Director; Dennis Lutz, Town Engineer/Public Works; Nonna
10   Aydinyan; Kristine Thompson; and representatives for G & T Bliss Corp; New England Culinary
11   Institute; Spano, Inc; TOB, Inc.; United Restaurant Corp; The Wilson Inn, Inc.; and To the Table.
12
13   Mr. James called the meeting to order at 7:30 p.m.
14
15   PLEDGE OF ALLEGIANCE
16   Mr. James invited those present to join him in reciting the “Pledge of Allegiance.”
17
18   PUBLIC TO BE HEARD
19
20   Mr. Lutz asked that the Board consider a request for a Class II Highway Paving Grant to avoid
21   another meeting date.
22
23   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO AMEND
24   THE AGENDA ADDING AN ITEM TO REQUEST CONSIDERATION FOR A CLASS II
25   HIGHWAY PAVING GRANT. THE SAID ITEM TO FOLLOW “ACCEPTANCE OF THE
26   EXTENSION OF ALLEN MARTIN PARKWAY & PARTRIDGE DRIVE AS TOWN
27   ROADS.” THE MOTION PASSED 4-0.
28
29   BUSINESS
30
31   Mr. James suggested amending the agenda because some applicants might not have arrived for the
32   Liquor License Applications.
33
34   JEFFREY B. CARR MOVED AND THOMAS JAMES SECONDED A MOTION TO
35   AMEND THE AGENDA TO TAKE UP THE CHIPS FUNDING REQUEST. THE MOTION
36   PASSED 4-0.
37
38   Mr. Scheidel explained that in a previous Selectboard meeting, representatives from CHIPS
39   provided the Board with a report on their current activities, programs and fundraising efforts.
40   CHIPS needs to raise $50,000 this current fiscal year and continue raising money to underwrite
41   their operational expenses during the next two years. In the previous budget year, CHIPS asked for
42   $20,000 and the Town gave them $1,800. Mr. Scheidel sent a memo dated December 30, 2003 to
43   the Selectboard requesting that $10,000 be transferred from the Fund Balance to help them with
44   their $50,000 fund raising effort. At that time, the Board requested more information. In response,
45   CHIPS sent a memo dated January 20, 2004 outlining the items requested including: a description
46   of what Town’s contribution would be used for, a copy of their 2003 Income Statement, a
47   breakdown of funding received from other agencies, tax-exempt status, the most recent audit, and a
48   worksheet.
     ESSEX SELECTBOARD                            DRAFT                          FEBRUARY 2, 2004

49
50   LINDA MYERS MOVED AND JEFFREY B. CARR SECONDED A MOTION TO
51   AUTHORIZE A TRANSFER OF $10,000 FROM THE CURRENT FUND BALANCE TO BE
52   APPLIED TO CHIPS CURRENT $50,000 FUND RAISING EFFORTS WITH THE
53   UNDERSTANDING THIS WOULD BE A ONE-TIME EVENT.
54
55   Ms. Myers stated this would be a one-time contribution and more discussion would be required if
56   this sum of money were needed on an ongoing basis. She asked Mr. Scheidel if the Town was
57   comfortable with the transfer from the current fund balance. Mr. Scheidel replied yes.
58
59   Mr. Carr agreed that the donation was to be a one-time event. He recalled that the Board already
60   agreed to a $1,800 donation from the human services portion of the budget, and the $10,000 would
61   be over and above that ongoing donation. He offered a friendly amendment to Ms. Myers’ motion
62   suggesting that $10,000 be the maximum amount donated under the condition that CHIPS raise
63   another $10,000 from other sources. Another option would be matching 25 cents on every dollar
64   raised from other sources.
65
66   Mr. Nye didn’t want this to be an annual request and stated he was disappointed with the amount of
67   money CHIPS raised in 2003 knowing in advance that they would be in this situation. He also
68   mentioned an additional $4,000 the Town pays the Police Department for the Northland Grant
69   which CHIPS gets credit for.
70
71   Referring to Mr. Carr’s friendly amendment, Ms. Myers didn’t want to attach conditions to the
72   donation and stayed with her original motion.
73
74   THE MOTION PASSED 4-0.
75
76   Liquor License Applications
77
78   First Class
79
80   ALAN NYE MOVED AND LINDA MYERS SECONDED A MOTION TO GRANT FIRST
81   CLASS LIQUOR LICENSES FOR G & T BLISS; NEW ENGLAND CULINARY
82   INSTITUTE; SPANO, INC.; TOB, INC.; UNITED RESTAURANT CORP.; AND THE
83   WILSON INN. THE MOTION PASSED 4-0.
84
85   Mr. James reminded the applicants that the Selectboard takes the issuance of liquor licenses very
86   seriously and that they expect that the applicants will share in the seriousness of holding a liquor
87   license.
88
89   Second Class
90
91   Mr. Scheidel notified the Board that “To the Table” was a new business and a representative was
92   present to speak as required.
93
                                                        2
      ESSEX SELECTBOARD                          DRAFT                          FEBRUARY 2, 2004

 94   JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO GRANT
 95   SECOND CLASS LIQUOR LICENSES FOR TO THE TABLE, ESSEX DISCOUNT
 96   BEVERAGE, FIVE CORNERS DISCOUNT BEVERAGE, SIMON’S ESSEX CENTER
 97   STORE & DELI, HANNAFORD FOOD AND DRUG SUPERSTORE, NEW ENGLAND
 98   CULINARY INSTITUTE, PRICE CHOPPER #192, RITE AID PHARMACY #4827, RIVER
 99   ROAD BEVERAGE & REDEMPTION, SIMON’S FIVE CORNERS STORE, CENTRAL
100   BEVERAGE, AND MAPLEFIELDS.
101
102   Mr. James stated that ‘To the Table” was a new business and had not yet attended an education
103   seminar. He asked the owners, Patrick and Janet Havricko if they had arranged for the seminar. Mr.
104   Havricko said he had been in touch with the State and is waiting for a return call. The business
105   plans to open April 1, 2004.
106
107   Ms. Myers asked Mr. Havricko to explain a little about the business. Mr. Havricko said it would be
108   a family owned retail outlet selling kitchen and dining accessories, wine and cheese, specialty
109   condiments and culinary gadgets that are difficult to find elsewhere.
110
111   Mr. Carr pointed out the two underage offenses at Central Beverage dated 11/21/02 and 12/16/03
112   and stated it was becoming an object of concern. For future reference, Mr. James agreed the Board
113   should highlight the offenses.
114
115   THE MOTION PASSED 4-0.
116
117   Aquatic Nuisance Control Permit Application Milfoil Issue
118
119   Mr. Berry was asked to check with the State to see if there would be another application fee if the
120   Town withdraws it’s current application and finds it necessary to reapply. He found that because
121   Essex is a municipality, the State would waive the fee and there would be no additional cost if the
122   Town resubmits the application.
123
124   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION THAT THE
125   TOWN WITHDRAW ITS APPLICATION FOR THE AQUATIC NUISANCE CONTROL
126   PERMIT. THE MOTION PASSED 4-0.
127
128   Second Assistant Zoning Administrator Appointment
129
130   Mr. Scheidel explained that the issue was to appoint a second Assistant Zoning Administrator since
131   the Town lost the employee that held that title. The person in this position would perform
132   certificate of occupancy inspections in the absence of both the Zoning Administrator and the first
133   Assistant.
134
135   ALAN NYE MOVED AND JEFFREY B. CARR SECONDED A MOTION TO APPOINT
136   JILL SCHLIESSER AS THE SECOND ASSISTANT ZONING ADMINISTRATOR FOR
137   THE TOWN OF ESSEX. THE MOTION PASSED 4-0.
138
                                                       3
      ESSEX SELECTBOARD                           DRAFT                          FEBRUARY 2, 2004

139   Most Pressing Needs & Work Program Development
140
141   Mr. Scheidel explained that the memo from the Essex Community Development Director dated
142   January 27, 2004 is routinely sent each year at this time. The issue is to decide the Town’s most
143   pressing local and regional needs, in addition to deciding what possible forms of technical
144   assistance the CCRPC may provide Essex in FYE 2005. Included in the memo was the CCRPC
145   2004 Pressing Needs Questionnaire.
146
147   Ms. Myers noted that the need regarding Act 60 impacts were done during ACT 66. She wondered
148   if there would be need to e a change because of ACT 68. Mr. James didn’t believe so.
149
150   Mr. Carr referred to an item on page two of the CCRPC 2004 Pressing Needs Questionnaire
151   regarding “Decision Support System Assistance.” He was very surprised to see as a choice
152   ‘assistance provided by the CCRPC for development review’. Mr. Carr stated the CCMPO Board
153   reviewed the Decision Support System model and approved it for staff use in planning purposes.
154   He believes the record was clear that this Support System Software was not to be used in
155   development review, so he was surprised to see it listed as a choice and feels the Executive Director
156   of CCRPC be notified of this issue. Being on the CCMPO Board, Mr. Carr remembered a long
157   discussion on how this particular piece of software was not technically appropriate for a
158   development review process.
159
160   Mr. Carr asked if CCRPC offered any assistance with the Town Plan. Mr. Scheidel stated they
161   offered some GIS assistance. Ms. Francis acknowledged that CCRPC offered assistance with the
162   energy element or orthophotography, and looking at some industrial zoning model ordinances. Mr.
163   Carr stated he would like to see CCRPC help the Town defray some of the cost of the Town Plan.
164
165   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION THAT
166   STAFF FORWARD A MEMO TO THE CCRPC REQUESTING TECHNICAL
167   ASSISTANCE IN HELPING ESSEX BECOME MORE EFFICIENT IN UPDATING THE
168   TOWN PLAN, AND INCLUDE A STATEMENT REFERENCING THE
169   INNAPPROPRIATE USE OF THE DECISION SUPPORT SYSTEM SOFTWARE FOR
170   DEVELOPMENT REVIEW. THE MOTION PASSED 4-0.
171
172   Sidewalk Plowing
173
174   Mr. Lutz stated the issue was whether or not the Selectboard should revise its sidewalk snow
175   removal policy based on concerns raised in a letter dated January 5, 2004 from Kristine Thompson
176   of 13 Southdown Court. He pointed to the GIS map of sidewalks in the Town of Essex outside the
177   Village.
178   The green areas on the map were already being cleared; the brown areas were sidewalks that do not
179   connect with others and were not being cleared. The Town has two sidewalk plows, a 1988 used as
180   a standby, and a 2001 that is nearly in constant use. Over the years, the Town has added areas for
181   clearing that are considered high traffic or pedestrian routes. The area of Southdown Court could
182   be added using the second sidewalk plow that is run only after other routes have been completed.
183   He explained how the department was trying to keep its overtime down using the mechanic as the
                                                         4
      ESSEX SELECTBOARD                           DRAFT                           FEBRUARY 2, 2004

184   main operator of the second sidewalk plow.
185
186   Mr. Lutz stated that a change in the ordinance may not be the best solution, and listed several other
187   possible options. The Selectboard could request public input now, and after discussing where
188   resources would allow for extension, put a plan in place for next year. Another option could be to
189   place an ad in the paper that encourages residents to clear the sidewalks in front of their homes to
190   provide clear areas for children to wait for school buses or walk to pick-up points. Finally,
191   neighborhood groups or associations can collectively take on the responsibility where it is a local
192   street issue. However, these issues do not address any conflicts that might arise in areas not
193   cleared.
194
195   Mr. Lutz referred to Title 19, Section 1105 stating, “A person other than a municipality acting with
196   respect to Highways in its jurisdiction places or causes to be placed an obstruction or encroachment
197   on a public highway or trail so as to hinder or prevent public travel or injure or impede a person
198   traveling on a highway or trail shall be fined not more than $1,000 plus the actual cost to repair the
199   damage and any reasonable attorney’s fee.” He believes that this ordinance may give the Town the
200   basis to go after anyone that places snow in a traveled walkway.
201
202   Ms. Thompson reviewed the recommendations and was in agreement with Mr. Lutz. She didn’t
203   believe the Town should take on the burden of clearing the sidewalks in her area because of one
204   individual that would pile snow on the sidewalk where she had already shoveled. At the time she
205   wasn’t aware of the ordinance Mr. Lutz recited and feels it may be a solution to that part of the
206   problem.
207
208   Mr. Nye asked what the distance was between the street and the sidewalk. Mr. Lutz answered
209   between 4 and 5 feet and this was one of the roads the Planning Commission authorized to be
210   narrower, 24 feet instead of the normal 30 feet. It leaves little space for the placement of snow. He
211   suggested that over time the Town add certain areas in developments. However when the Town
212   starts to clear side streets it causes inequities in the areas cleared. He suggested that homeowner
213   associations and neighborhood watch programs hire someone to clear the sidewalks in their area.
214   Right now the Town is taking a soft approach allowing individuals to use their common sense, but
215   it could be made mandatory to clear the sidewalks or the Town could raise taxes to clear all the
216   sidewalks.
217
218   Mr. Scheidel stated it would be almost impossible to legislate neighborhoods to clear sidewalks and
219   that’s where associations would come in.
220
221   Ms. Thompson asked the Board to consider adding a statement in the policy that would state, “Any
222   person who hinders, obstructs or impedes the progress of sidewalk snow removal shall be subject to
223   a ticket.”
224
225   Mr. James acknowledged he wasn’t aware what direction was given in the current Statute and
226   wouldn’t want the Town to implement an ordinance already written. Mr. Lutz said he would check
227   into the matter and suggested that if no direction is found, the Town could refine the current policy
228   or create an ordinance that would address the issue Ms. Thompson is concerned about.
                                                          5
      ESSEX SELECTBOARD                          DRAFT                          FEBRUARY 2, 2004

229
230   Mr. James thanked Ms. Thompson for bringing the issue to the Board’s attention and the Town
231   would look into the matter further.
232
233   Acceptance of the Extension of Allen Martin Parkway & Partridge Drive as Town Roads
234
235   JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO ACCEPT
236   THE EXTENSION OF ALLEN MARTIN PARKWAY AND PARTRIDGE DRIVE AS
237   ADDITIONAL CLASS III HIGHWAYS IN THE TOWN.
238
239   Mr. Nye believed the landscaping in the medians on Partridge Drive would become the Town’s
240   responsibility now. If so, he recommended the Planning Commission require homeowner
241   associations to cover the costs of maintaining these medians. Mr. Scheidel stated he would pass the
242   message to the Planning Commission.
243
244   THE MOTION PASSED 4-0.
245
246   Class II Highway Paving Grant
247
248   Mr. Lutz explained that part of this year’s paving projects would be the Old Stage Road and Butlers
249   Corners project. He didn’t think the Town would get grants for the project this year, but after
250   talking to the State he believes applications should be submitted anyway. The state suggested the
251   Town submit two applications, one for the base course of the project at $24,000, and one for the top
252   course at $14,000. That gives the State the flexibility to approve all or a portion of the paving if
253   there is any money left.
254
255   ALAN NYE MOVED AND JEFFREY B. CARR SECONDED A MOTION TO SUBMIT
256   TWO APPLICATIONS FOR A CLASS II HIGHWAY PAVING GRANT FOR THE
257   PAVING PROJECT ON OLD STAGE ROAD AND BUTLERS CORNERS WITH ONE
258   APPLICATION BEING FOR THE TOP COURSE AT $14,000, AND ONE FOR THE BASE
259   COURSE AT $24,000. THE MOTION PASSED 4-0.
260
261   FYE 2004 Budget Change
262
263   Ms. Francis explained that the Economic Development Commission was interested in facilitating a
264   zoning amendment process as soon as it can happen. The Susie Wilson Road Committee and the
265   Town Center Committee would be presenting a report to the Selectboard in March and it’s expected
266   there will be some recommendations for increased density and a wider variety of uses than what’s
267   allowed now in those areas. The Economic Development Commission wondered if the Selectboard
268   would consider using $10,000 of the money designated for advertising and marketing toward
269   professional services to draft the actual zoning amendments.
270
271   Mr. James asked if it was assumed that the Selectboard would accept the recommendation the
272   committees put forward. Ms. Francis stated it was dependent upon whether or not the Selectboard
273   accepted the recommendations.
                                                       6
      ESSEX SELECTBOARD                           DRAFT                          FEBRUARY 2, 2004

274
275   Mr. Nye stated that the Economic Development Commission discussed a lot of issues that are pretty
276   set within the RPDI. He asked if the Board would be revisiting those items in the RPDI with this
277   expenditure of dollars. Ms. Francis replied that the Committees were more interested in new uses,
278   for instance biotechnology, media, telecommunications and other creative, knowledge based
279   businesses. The Committees want to look at these new uses and make sure our regulations are up-
280   to-date, and would also like to see a streamlining of the review process in these areas.
281
282   Mr. Carr asked why they were asking for the amount of $10,000. Ms. Francis explained that it was
283   the amount of money that was in the advertising and marketing budget.
284
285   JEFFREY B. CARR MOVED AND ALAN NYE SECONDED THAT THE BOARD
286   AUTHORIZE UP TO $5,000 FROM THE ALREADY APPROVED ADVERTISING LINE
287   ITEM IN THE BUDGET AND REDIRECT IT TOWARDS PROFESSIONAL SERVICES
288   FACILITATING AND EXPEDITING THE DEVELOPMENT OF APPROPRIATELY
289   CONSTRUCTED ZONING CHANGES CONSISTENT WITH REPORTS AND
290   DELIBERATIONS BY THE SELECTBOARD.
291
292   Mr. James stated that if the study evolved into something that required additional funding, the
293   Commission would be welcome to come back and address the Board.
294
295   Mr. Carr wanted to clarify that this $5,000 was already an approved budget item that was being
296   reallocated, and not new money.
297
298   THE MOTION PASSED 4-0.
299
300   Selectboard Minutes – January 19, 2004
301
302   JEFFREY B. CARR MOVED AND THOMAS JAMES SECONDED A MOTION TO
303   ACCEPT THE MINUTES OF JANUARY 19, 2004 AS PRESENTED. THE MOTION
304   PASSED 4-0.
305
306   CONSENT AGENDA
307
308   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO ACCEPT
309   THE CONSENT AGENDA AS PRESENTED.
310
311   Check Warrant Report 1/23/04
312   CWD 2004-05 Operating & Capital Improvement Budget
313   Village of Essex Junction News
314
315   Minutes
316
317   CCTA – 12/17/03

                                                        7
      ESSEX SELECTBOARD                            DRAFT              FEBRUARY 2, 2004

318   Economic Development Commission 1/22/04
319
320   Agendas
321   Planning Commission 2/12/04
322
323   Letters
324   From Tom James and David Rogerson to Larry Yandow, Village President and Mark
325   Thibault, Village Planning Commission Chair regarding Town Plan Update
326   From Town of Colchester to Abutting Property Owners regarding Main St. Property
327
328   THE MOTION PASSED 4-0.
329
330
331   EXECUTIVE SESSION
332   AT 8:50 P.M., JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A
333   MOTION TO ENTER EXECUTIVE SESSION TO DISCUSS PERSONEL, CONTRACTS
334   AND POTENTIAL LITIGATION TO INCLUDE THE SELECTBOARD, TOWN
335   MANAGER, AND THE DEPUTY TOWN MANAGER. THE PREMATURE PUBLIC
336   KNOWLEDGE OF THE ISSUES TO BE DISCUSSED IN THE EXECUTIVE SESSION
337   WOULD PLACE THE MUNICIPALITY AT A SUBSTANTIAL DISADVANTAGE. THE
338   MOTION PASSED 4-0.
339
340   JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO EXIT
341   EXECUTIVE SESSION. THE MOTION PASSED 4-0.
342
343   AT 10:14 P.M., JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION
344   TO ADJOURN THE MEETING. THE MOTION PASSED 4-0.
345
346
347   Respectfully submitted,
348   June M. Campbell
349
350   June M. Campbell
351   Recording Secretary
352
353   Approved this _______________ day of _________, 2004.
354
355   (See minutes of this date for corrections, if any).
356
357   _______________________________
358   Thomas W. Torti, Clerk, Selectboard
359
360   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)

                                                            8
 1                                           TOWN OF ESSEX
 2                                            SELECTBOARD
 3                                              MINUTES
 4                                           February 23, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Jeffrey B. Carr, Linda Myers, and Thomas Torti.
 7
 8   OTHERS PRESENT: Patrick Scheidel, Town Manager; Dennis Lutz, Town Engineer/Public
 9   Works; Joe Chastenay, Ken Petrie, Tom and Lisa Middleton, John O’Kane, and representatives for
10   The Village Station, Veterans of Foreign Wars Essex Jct. Post #6689, and Banana Winds Café &
11   Pub.
12
13   Mr. James called the meeting to order at 7:30 p.m.
14
15   PLEDGE OF ALLEGIANCE
16   Mr. James invited those present to join him in reciting the “Pledge of Allegiance.”
17
18   PUBLIC TO BE HEARD
19
20   Joe Chastenay stated he owns the 18-hole golf course on Old Stage Road. Since the reconstruction
21   of Butler’s Corners will affect his business, he wanted to know when construction would begin and
22   give input into the traffic routing during reconstruction. He asked if he could address the Board
23   that evening. Mr. James stated it would be a lengthy discussion and suggested Mr. Chastenay write
24   a letter to Dennis Lutz, the Town Engineer, explaining his concerns. Mr. Lutz explained that at this
25   point, the State Agency of Transportation is in charge of the project, and he would call Mr.
26   Chastenay with the name and phone number of the person he should contact. The State Agency of
27   Transportation has a plan in place, and the Town asked that they hire a public relations firm to
28   insure businesses in the area will still get the business they need. Construction is due to begin on
29   April 15, 2004. Mr. Chastenay explained his disappointment in not being notified by the Town of
30   meetings he could have attended to give input to the process.
31
32   PUBLIC HEARING
33   Capital Budget
34
35   Handouts of the budget were made available. No one from the public spoke on the Capital Budget.
36
37   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO CLOSE
38   THE PUBLIC HEARING. THE MOTION PASSED 4-0.
39
40   BUSINESS
41   Adoption of Capital Budget and Plan
42
43   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO APPROVE
44   THE CAPITAL BUDGET FOR FISCAL YEAR 2005 AS WARNED AND APPROVE THE FIVE
45   YEAR PLAN FROM 2005-2009, AS PRESENTED IN THE WARNING. THE MOTION
46   PASSED 4-0.
47
     ESSEX SELECTBOARD                                                        FEBRUARY 23, 2004

48   Regional Technical Academy Presentation
49
50   John O’Kane of Valleyview Drive in Essex gave a status report on the Regional Technical
51   Academy. For the last three years he has worked with a group of volunteers from Chittenden
52   County to bring to fruition a regional technical academy that would combine the Burlington
53   Technical Center and the Essex Technical Center. The group is at a point where a formal
54   governing board is needed to make decisions to continue the planning process. Next Tuesday, 25
55   school districts including all of Chittenden County, Grand Isle, and BFA Fairfax, will vote on
56   whether to form a governance board for the proposed academy. If the board is approved, they will
57   go forward to present to the voters, as early as November, a definitive proposal for financing the
58   budget for the academy.
59
60   The academy will bring the Northwestern part of Vermont up to speed with other parts of the state
61   and around the county that have technical education. Such technical academies have been proven
62   effective in reducing dropouts and producing pathways between high school and college.
63   Throughout the state, about 1/3 of the students are taking part in technical education. Currently
64   only 10% of our students are able to take part in technical education because of space limitations.
65   The new school would have a capacity of 1,200 seats, but it would actually be higher since the
66   school will be also be operating in the evening, on weekends, and throughout the year.
67
68   The curriculum will integrate subjects, allowing the students to work collaboratively on projects
69   with a hands-on approach. This academy won’t be for every student but will fit the needs of those
70   who might not benefit by a traditional high school education. Currently one out of five students in
71   the area drop out of high school and the academy will offer an option to them.
72
73   The operating cost will be the same as the current average cost of sending students to Essex or
74   Burlington Technical Centers, and may be less. State funding may not be immediate; therefore
75   some funding will need to be carried over ten years to fund the operating costs. This amount will
76   still be within the current operating cost of the Burlington and Essex Technical Centers. Capital
77   revenue sources are expected from State funding, the Vermont State Colleges, individuals,
78   corporations and private foundations, in-kind contributions, and Federal grants.
79
80   The Regional Technical Center will house a wide range of activities from cosmetology and auto
81   mechanics to medical studies and dental studies. Also engineering, computer science, and
82   metallurgy can be co-located with businesses in the area.
83
84   The negative of the project is that very small high schools may lose students to the academy and
85   cease to be viable. They may find the need to consolidate with other high schools in the area. This
86   may happen anyway with the demographics showing a lower population in the elementary grades.
87
88   Mr. Torti questioned if it was true that the Essex High School was reaching a critical mass. Mr.
89   O’Kane replied yes. He didn’t believe that Burlington had the same problem. Mr. Torti then asked
90   how many students were turned down to enter the Essex Technical Center. Mr. O’Kane stated the
91   numbers vary from 70 to 80 to 90 students per year.
92
     Draft                                            2
      ESSEX SELECTBOARD                                                          FEBRUARY 23, 2004

 93   Mr. Torti questioned why the Champion site was chosen. Mr. O’Kane explained there was a
 94   process that looked at a variety of areas and options such as expanding. The Champion site was
 95   chosen because it was by far the best cost of the options that were available.
 96
 97   Ms. Myers asked Mr. O’Kane to clarify what the people would be voting on next Tuesday. Mr.
 98   O’Kane verified the vote was only to form a school district and board because the volunteers have
 99   done what they can and a formal decision board is needed. He also pointed out that if the school
100   wasn’t built within 18 months, the school board would dissolve as part of the legislation.
101
102   Mr. Carr stated that some voters might have heard that the best way to proceed with a technical
103   center is to have satellite centers at some of the high schools. Mr. O’Kane explained one draw back
104   with that model is that satellite centers wouldn’t carry all subjects, so an amount of travel would
105   still be necessary. The advantage of having one technical academy is it allows for an economy of
106   scale, a wider range of activities, and an integrated curriculum that can be done for the same
107   amount currently costing both Burlington and Essex Technology Centers. He emphasized the
108   advantage of creating an integrated curriculum separate from the traditional high school curriculum.
109    It would attract more interest and energize students’ interest in learning.
110
111   Mr. James remarked that he was a member of the State Board of Education and one of their
112   responsibilities relates to this topic. The majority of the State Education Board agreed that it was
113   necessary to create a governing board for the academy. He wanted to emphasize that the vote
114   coming up on March 2nd is a vote on a governing body, which will make the decisions needed to
115   continue planning for the Regional Technical Academy. He also emphasized the created Board
116   would dissolve if the school was not approved and completed within the 18 month time limit.
117
118   LIQUOR LICENSE APPLICATIONS
119
120   First Class
121
122   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO GRANT
123   FIRST CLASS LIQUOR LICENSES FOR DARNELL, INC., VETERANS OF FOREIGN
124   WARS ESSEX JUNCTION POST #6689, AND REMARK ENTERPRISES, INC. THE
125   MOTION PASSED 4-0.
126
127   Mr. James reminded the applicants that the Selectboard takes the issuance of liquor licenses very
128   seriously and they expect the applicants will share in the seriousness of holding a liquor license.
129
130   Ms. Myers asked that a representative from Darnell, Inc. /DBA: Village Station, tell a little about
131   the business since it was new. Mr. Kendrick Bellows explained that the business will be located on
132   12 Railroad Avenue in Essex. It will be an upscale tavern serving an American fare of steak,
133   burgers, chicken, pasta etc., and will accommodate meetings and dinner. They will be open from
134   11:00 am. to 11:00 pm.
135
136   Second Class
137
      Draft                                             3
      ESSEX SELECTBOARD                                                       FEBRUARY 23, 2004

138   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
139   GRANT A SECOND CLASS LIQUOR LICENSE FOR PJC OF VERMONT. THE
140   MOTION
141   PASSED 4-0.
142
143   Dog Bite Incident
144
145   Mr. Scheidel began by explaining that Mr. Siegel’s attorney called that day at 5:00 pm.requesting a
146   continuance of this agenda item. Being that the attorney was unable to attend that evening, Mr.
147   Siegel was advised by his attorney not to be present without representation. Mr. Scheidel stated
148   that in the past when a continuance was requested, the Board entertained comments from the public
149   there to speak on the issue. Mr. Siegel and his attorney plan to be at the meeting on March 15, and
150   if a transcript of the meeting is needed, the Town will supply one.
151
152   The Board agreed to hear those that turned up to speak on the agenda item and to have them come
153   back for the continuance on March 15, if necessary.
154
155   Police Chief David Demag gave a brief overview of the situation by stating in the past 1½ years,
156   there have been several documented complaints regarding Mr. Siegel and his dogs. The most
157   recent incidents occurred on January 19 and January 28, 2004. He introduced Officer Todd
158   McCabe who responded to a 911 call received from Jason Siegel of 16 Oakwood Lane, on January
159   19, 2004. After receiving the call, Officer McCabe and Officer Ken Beaulieu headed towards the
160   scene at the Champlain Farms store at 25 Jericho Road. Halfway there, they were informed of
161   another call to 911 stating the incident was escalating, so they stepped up their response. As they
162   arrived, they noticed a car from the Sheriff’s Department in the parking lot. As Officer McCabe
163   pulled in, he saw Corporal Stebbins on the ground trying to handcuff Mr. Siegel. He could see bite
164   marks on Corporal Stebbins cheek, and determined the scene was not secure. Corporal Stebbins was
165   able to communicate that he was jumped by Mr. Siegel. At that point Mr. Siegel was commanding
166   his dog to “get um,” and as he did the dog, growling with teeth bared, began circling the group.
167   When Officer Beaulieu notified Mr. Siegel that there would be severe consequences for the dog if
168   anyone else was bit, he stopped antagonizing the dog. At that time, they had Mr. Siegel under
169   control and Officer McCabe called the dog by name and asked him to come. ‘Mo’ came and
170   Officer McCabe led him over to his car, and opened the front door. Mo immediately jumped into
171   the front seat and sat there. Officer McCabe commented that the dog was very well behaved when
172   not being given aggressive commands. At that point they called animal control since they knew
173   Mr. Siegel would be going with Corporal Stebbins. When animal control arrived, Officer McCabe
174   called Mo to that vehicle, and he jumped right in.
175
176   Ms. Myers asked who made the second 911 call. Officer McCabe did not know.
177
178
179   Corporal Robert Stebbins from the Chittenden County Sheriff’s Office spoke about his experience
180   that day. He was on patrol the day of January 19, 2004 when he noticed a disturbance at the
181   parking lot at Champlain Farms attracted his attention. He pulled in, got out of the car, and on
182   approaching Mr. Siegel, one thing led to another and Mr. Siegel attempted to assault him. That’s
      Draft                                            4
      ESSEX SELECTBOARD                                                         FEBRUARY 23, 2004

183   when Corporal Stebbins made an effort to place him under arrest and, in that attempt, was bit by the
184   dog on the face and wrist. He presented the Board with a letter from Bob Begley, an LPN at the
185   Correctional Center, detailing what he observed for a wound, and the treatment that followed.
186   Corporal Stebbins stated the wounds were fairly superficial and they healed within a week and a
187   half. He did not get the impression that the dog was inherently dangerous or vicious, but like many
188   dogs that are loyal, when given a command they will defend their owner. He did not want the dog
189   to be euthanized.
190
191   Mr. Carr asked Corporal Stebbins what activity caused him to pull into the parking lot. Corporal
192   Stebbins answered that Mr. Siegel was screaming obscenities as they drove by and also gave them
193   the finger. He felt the screaming warranted an investigation into the activity, and when he engaged
194   Mr. Siegel verbally, it very quickly deteriorated to the point where he was being attacked.
195
196   Chief Demag then referred to another incident that occurred on the morning of January 28, 2004.
197   He introduced Officer Kenneth Beaulieu who responded to the complaint made by Lisa Middleton
198   of 20 Oakwood Lane. Her property abuts Sand Hill Park, which Mr. Siegel frequents with his
199   dogs. That day her dog, which was tied out in her backyard, began barking at Siegel’s dog. Ms.
200   Middleton came out of her residence to get her dog, at which time she heard Mr. Siegel order his
201   dog to “Attack, Attack.” She didn’t believe Mr. Siegel saw her come out. She yelled at Mr. Siegel
202   to control his dog at which time he yelled something which caused his dog to return to him. Officer
203   Beaulieu felt this was a significant event since it happened only eight days after the incident at
204   Champlain Farms on 19th. Mr. Siegel was already issued a citation regarding that incident. Since
205   Mr. Siegel owned several dogs, two that were shepherds, Officer Beaulieu was unsure if Mo was
206   involved in the incident. After further investigation, he found Mo had not been released from the
207   kennel until later that afternoon.
208
209   Mr. Torti asked what happens when a person is cited with conditions for release and he breaks
210   those conditions. Officer Beaulieu replied that it would be considered a separate offense and would
211   bring additional charges. Mr. Torti asked if a person could be placed in jail for violating conditions
212   and Officer Beaulieu replied yes, they could very quickly go to jail, but usually not for this type of
213   offense.
214
215   Mr. James asked where Mr. Siegel and the dogs were at this point. Officer Beaulieu stated Mr.
216   Siegel is not in custody, and to his knowledge he still resides at16 Oakwood Lane with the dogs.
217
218   Ms. Middleton, who made the complaint, spoke about the incident. She stated she fears having her
219   children in the yard since the incident. She saw that when she went out to get her dog that was tied
220   up, his dogs were running towards it.
221
222   Mr. James noted that the ordinance relates to the behavior of the dog, not the behavior of the
223   people. He asked Mr. Scheidel to check into the options the Board has regarding the ordinance.
224
225   Tom Middleton, of 20 Oakwood Lane, commented that the dogs were frequently left out in the
226   fenced yard for hours at a time and there have been numerous complaints made about the barking
227   dogs. He felt they were nuisances to the neighborhood.
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      ESSEX SELECTBOARD                                                         FEBRUARY 23, 2004

228
229   Mr. James reminded the public that the item will be on the March 15 agenda.
230
231   Junction Development Co. Request for Zoning Change – Ken Petrie
232
233   Mr. Petrie stated that he recently had a tenant ask for expansion of the building located at 3 David
234   Drive. He distributed a rough sketch showing the property and current building. At the time he
235   developed the property, it was a stipulation to construct an access road through the back of the
236   property that would connect to the Wilson Inn. Because he had to do this, he placed his parking in
237   the back of the building. The current regulation requires a 50’ setback from the roadway. His
238   tenants are asking for an extra 1,000 square feet and the only place he has room to build is in the
239   front of the property towards David Drive. This addition would place the building 5’ inside the 50’
240   setback. He asked that the Board consider a 25’ setback on the side streets in that area. He feels he
241   was forced into the current design because of the required access road in the rear, and he has no
242   other place to go but forward. He requested that the Board and the Susie Wilson Road Committee
243   consider his proposal. Mr. James believed that the Susie Wilson Road Committee would be at the
244   March 15th Selectboard meeting.
245
246   Mr. Scheidel asked if Mr. Petrie attended any of the Susie Wilson Road Committee meetings. Mr.
247   Petrie stated he did and they seemed receptive to the idea, but were more focused on Susie Wilson
248   Road at the time.
249
250   Mr. Torti wondered if adding on 1,000 square feet would require additional parking. Mr. Petrie
251   answered yes.
252
253   Minutes
254
255   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO ACCEPT
256   THE JANUARY 19, 2004 MINUTES WITH CORRECTIONS: Line 307: insert ‘and’ before
257   Linda Myers. Line 319: delete comma after ‘Chief’. THE MOTION PASSED 4-0.
258
259   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO ACCEPT
260   THE JANUARY 26, 2004 MINUTES AS PRESENTED WITH THE ANNUAL TOWN
261   MEETING WARNING ATTACHED. THE MOTION PASSED 4-0.
262
263   LINDA MYERS MOVED AND JEFFREY B. CARR SECONDED A MOTION TO ACCEPT
264   THE FEBRUARY 2, 2004 MINUTES WITH CORRECTIONS: Line 103: insert ‘,’ after
265   Havricko. THE MOTION PASSED 3-0-1. (THOMAS TORTI ABSTAINED).
266
267   CONSENT AGENDA
268
269   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
270   ACCEPT THE CONSENT AGENDA WITH SELECTBOARD COMMENTS.
271
272   Check Warrant Reports 1/29, 2/05 & 2/12, 2004
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      ESSEX SELECTBOARD                                                       FEBRUARY 23, 2004

273   Draft Discharge Permit
274   Land Use Permit Amendment – S.P. Larson, Inc. & L & T Gauthier
275
276   Minutes
277   Zoning Board of Adjustment 11/6/03
278   Planning Commission 11/13 & 12/11/03
279   CCMPO 1/21/04
280   CCRPC 1/26/04
281   CSWD 1/28/04
282   Healthy Youth Collaborative 2/9/04
283
284   Agendas
285   CCRPC 2/23/04
286   Zoning Board of Adjustment 3/4/04
287
288   Letters
289   To: C. Moomey from Agency of Commerce & Community Dev. Regarding: Historical
290          Buildings
291   To: CCRPC from Patrick Scheidel regarding: Pressing Needs Questionnaire
292   To: Patrick Scheidel from CCRPC regarding: Pressing Needs Survey
293   To: Various Businesses from Dept. of Liquor Control
294   To: Essex CHIPS from Patrick Scheidel regarding: Contribution
295   To: Patrick Scheidel from VTrans regarding: Route 15 Shared Use Path Design and
296       Construction
297   Mr. Torti commented he was surprised that the Route 15 Shared Use Path Design was denied by the
298   VTrans. He’s surprised because it was a project approved and prioritized by the Chittenden County
299   Metropolitan Planning Organization (CCMPO). He asked if Mr. Carr would speak to this since he
300   is the Town’s representative on the CCMPO.
301
302   Mr. Carr explained that at the last meeting of the CCMPO, they discussed why there were no
303   projects funded in Chittenden County. It surprised a lot of representatives. He didn’t know why
304   Chittenden County had no projects funded especially since Chittenden County had the only MPO in
305   the State that sets priorities in transportation funding; VTrans does it for the rest of the State.
306   CCMPO looked through all the projects that came from the communities of Chittenden County,
307   prioritized them, scored them, and passed the scoring onto VTrans. It’s believed when the
308   information was relayed to VTrans, they weren’t told of the process behind the scoring. There will
309   be discussions between CCMPO and VTrans about the miscommunication but it won’t change the
310   funding for this year.
311
312   Mr. Scheidel asked if there would be a chance that next year VTrans would try to balance out the
313   previous year’s funding. Mr. Carr stated that there were some members that believe this round of
314   evaluation was the most pure and objective of all the previous rounds, so he doesn’t know if they
315   would give Chittenden County an extra look next time.
316
317   Mr. Torti asked how much funding Chittenden County had requested. Mr. Carr said the whole
      Draft                                            7
      ESSEX SELECTBOARD                                                          FEBRUARY 23, 2004

318   allocation is a couple million dollars and has to be spread among the fourteen counties in the state.
319   About half of the communities put together projects for allocation. Mr. Carr believes that if the
320   region doesn’t receive any money next year, they will have a real issue on their hands.
321
322   Memos
323   From: Agency of Natural Resources regarding: Lake Champlain Watershed Council
324   Meeting   Update.
325   From: Dennis Lutz regarding: Petroleum Contamination at the Landfill
326
327   The Board commended the following businesses for passing the Tobacco Purchase Compliance
328   Survey: Maplefields, Essex Discount Beverage, Price Chopper, Champlain Farms, River Road
329   Beverage and Redemption and VFW Post #6689.
330
331   THE MOTION PASSED 4-0.
332
333
334   EXECUTIVE SESSION
335   AT 9:10 PM., JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A
336   MOTION TO ENTER EXECUTIVE SESSION TO DISCUSS PERSONEL, CONTRACTS
337   AND POTENTIAL LITIGATION TO INCLUDE THE SELECTBOARD AND TOWN
338   MANAGER. THE PREMATURE PUBLIC KNOWLEDGE OF THE ISSUES TO BE
339   DISCUSSED IN THE EXECUTIVE SESSION WOULD PLACE THE MUNICIPALITY AT
340   A SUBSTANTIAL DISADVANTAGE. THE MOTION PASSED 4-0.
341
342   AT 10:23 PM., JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A
343   MOTION TO EXIT EXECUTIVE SESSION. THE MOTION PASSED 4-0.
344
345   AT 10:24 P.M., JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A
346   MOTION TO ADJOURN THE MEETING. THE MOTION PASSED 4-0.
347
348
349   Respectfully submitted,
350   June M. Campbell
351
352   June M. Campbell
353   Recording Secretary
354
355   Approved this _______________ day of _________, 2004.
356
357   (See minutes of this date for corrections, if any).
358
359   _______________________________
360   Thomas W. Torti, Clerk, Selectboard
361
      Draft                                                 8
      ESSEX SELECTBOARD                                 FEBRUARY 23, 2004

362   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)




      Draft                             9
 1                                   TOWN OF ESSEX
 2                                 2004 TOWN MEETING
 3                                       MINUTES
 4                                    MARCH 1, 2004
 5
 6   SELECTBOARD MEMBERS: Thomas James, Chair, Thomas Torti, Jeffrey B. Carr,
 7   and Linda Myers
 8
 9   ADMINISTRATION PRESENT: Patrick C. Scheidel, Town Manager; Dawn Francis,
10   Deputy Town Manager; Cheryl Moomey, Town Clerk; David Demag, Police Chief;
11   Howard Rice, Fire Chief; Herbert A. Durfee, III, Community Development Director;
12   Douglas Fisher, Finance Director; Dennis Lutz, Town Engineer/Public Works Director;
13   Mark Berry, Parks and Recreation Director; and Randy Viens, Town Assessor; Bill Ellis,
14   Town Attorney.
15
16   MODERATOR: Steve McQueen
17
18   Mr. McQueen introduced himself at 7:30 p.m. He listed information and surveys
19   available including for the Doyle Poll, Town Plan Survey, Community Justice Center,
20   and “Rules of Town Meeting.” He introduced the State Representative present: Linda K.
21   Myers.
22
23   Next Mr. McQueen explained the rules governing the Essex Town Meeting. The public
24   had no questions regarding the rules.
25
26   Mr. McQueen introduced Essex Selectboard Chair, Thomas James, who in turn
27   introduced those people sitting at the head table.
28
29   At 7:40 p.m., Mr. McQueen called the 2004 Town of Essex Town Meeting to order. He
30   led the assembly in reciting the Pledge of Allegiance to the Flag.
31
32   THOMAS JAMES MOVED AND JUNE CARMICHAEL SECONDED A
33   MOTION TO SUSPEND THE RULES BY REQUIRING A MAJORITY VOTE TO
34   USE A PAPER BALLOT FOR THIS MEETING. THE MOTION PASSED BY
35   VOICE VOTE.
36
37   ARTICLE 1: SHALL THE REPORTS OF THE OFFICERS BE ACCEPTED?
38
39   PAULA DUKE MOVED AND DAVE KEENAN SECONDED A MOTION TO
40   APPROVE ARTICLE I.
41
42   Steve Eustis asked that his name be corrected in the 2003 Essex Town Meeting minutes.
43   Line 203: replace “Eustace” with “Eustis.”
44
45   John Fitzgerald asked whom the officers were writing the reports and whether they were
46   elected or appointed. Mr. James explained that all the Selectboard members, who are
     2004 ESSEX TOWN MEETING                                                    MARCH 1, 2004


47   elected officials, wrote the Selectboard report. There are also reports put together by staff
48   members and various appointed committees at the request of the Selectboard. All of
49   these qualify as Officer’s Reports.
50
51   Mr. James referred to a section from the Selectboard Report regarding the overcrowding
52   at the 81 Main Street Town Office facility, and the plans for a vote in the fall. He gave a
53   brief status report on where the Town was in the process.
54
55   Currently, the Town has 10,380 square feet in three locations, and they need about 22,000
56   square feet total. The proposed concept is to acquire space to house all the administrative
57   offices, except the police. To accomplish this task, on September 18, 2003, the Town
58   sent out solicitations for offices to twenty-three companies with a response deadline of
59   November 3, 2003. We received nine responses, of which some did not meet the
60   requirements stipulated. For instance in order to be considered, the location had to be
61   within 2,500 feet of Butler’s Corners or Five Corners.
62
63   The plan is to renovate 81 Main to house the Police, and construct another building to
64   house the administrative offices. The Town is now in negotiations for a possible
65   location that would allow the square footage needed, including parking. It is the
66   Selectboard’s intent to keep the community fully informed as the process continues and
67   Mr. James suggested that the public contact Selectboard members or the Town Manager
68   with questions. He closed by stating information on this issue was available at an exhibit
69   in the hall and in the at the voter checklist tables.
70
71   Bob Marcotte referred to the Community Development Department Report on page 14.
72   He had a concern with the Zoning and Subdivision amendments adopted last year,
73   specifically the regulation regarding allowing an average of 88 units to be built, but not to
74   be exceeded in any fiscal calendar year ending June 30. He believed adding the clause
75   “not to be exceeded in any fiscal calendar year” limits the growth rate to a maximum of
76   88 units per year. In the past, the rate of growth had been scheduled at three percent.
77   Also, there were years when less than 88 units were built. He believes the Town should
78   allow the remaining units to be carried into the next year. He requested the Selectboard
79   reconsider this Amendment.
80
81   Mr. Marcotte stated his concern about building new Town Offices without some
82   discussion with the Village on what they want to do down the road. He believes a
83   question on merger should go to both Village and Town voters before any office is built.
84   If the voters in the Village say yes to merger, then the building may be better placed
85   within the five corners.
86
87   John Fitzgerald stated the reason he asked about the Reports of the Officers was because
88   of an item for Essex Rescue. He referred to the $6,500 to Essex Rescue granted from the
89   Town. He stated he received a letter from Essex Rescue in December 2003, asking for
90   $45 from his household because Essex Rescue will now bill for primary and secondary
91   insurance. He understands that if he pays the $45, Essex Rescue won’t bill the household
92   for secondary insurance if the household doesn’t have it. In the reports he also noticed



     Draft                                        2
      2004 ESSEX TOWN MEETING                                               MARCH 1, 2004


 93   that the Fire Department was now in the business of rescue, answering every call with a
 94   medical response. He would like the government to become more responsible in holding
 95   costs down where there is an overlapping of departments.
 96
 97   THE MOTION TO PASS ARCTICLE I PASSED BY VOICE VOTE.
 98
 99   ARTICLE II: SHALL THE TOWN ADOPT A BUDGET FOR THE FISCAL
100   YEAR JULY 1, 2004 TO JUNE 30, 2005 AS RECOMMENDED BY THE
101   SELECTBOARD IN THE AMOUNT OF $7,584,599?
102
103   JUNE CARMICHAEL MOVED AND PAULA DUKE SECONDED A MOTION
104   TO APPROVE ARTICLE II.
105
106   There were no comments on Article II.
107
108   THE MOTION TO PASS ARTICLE II PASSED UNANIMOUSLY BY VOICE
109   VOTE.
110
111   AT 8:00 P.M., PAULA DUKE MOVED AND DAWN-HILL FLEURY SECONDED
112   A MOTION TO ADJOURN THE MEETING UNTIL 7:00 A.M. THE
113   FOLLOWING DAY, MARCH 2, 2004. THE MOTION PASSED BY VOICE
114   VOTE.
115
116
117
118   Respectfully submitted,
119   June M. Campbell
120
121   June M. Campbell
122   Recording Secretary
123
124   Approved this _______________ day of _________, 2004.
125
126   (See minutes of this date for corrections, if any).
127
128   _______________________________
129   Thomas W. Torti, Clerk, Selectboard
130
131   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD
132   MEETING)
133
134
135
136
137
138


      Draft                                         3
 1                                           TOWN OF ESSEX
 2                                            SELECTBOARD
 3                                               MINUTES
 4                                              April 5, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Jeffrey B. Carr, Thomas Torti, Linda Myers, and Alan Nye.
 7
 8
 9   OTHERS PRESENT: Patrick Scheidel, Town Manager; Dawn Francis, Deputy Town Manager,
10   Mark Berry, Parks and Recreation Director, Jerry Firkey, Zoning Administrator, Paul Dunkling,
11   George Tyler, Jay Austin, Susan Brown, Ken Petrie, Gerry Donahue, Matt Stevens, June
12   Carmichael, Bob Carmichael, Karen Baron, David Simendinger, Kenneth Lemire, Karen Lemire,
13   John Bartlett, Elizabeth Poulin, Sotos Papaseraphim, Roger Villemaire, Al Senecal, Joe Villemaire,
14   Robert Kissinger, and John Dunn.
15
16   Mr. James called the meeting to order at 7:33 p.m.
17
18   PLEDGE OF ALLEGIANCE
19   Mr. James invited those present to join him in reciting the “Pledge of Allegiance.”
20
21   REORGANIZATION - Election of Chair, Vice Chair and Clerk
22
23   ALAN NYE MOVED AND THOMAS TORTI SECONDED A MOTION TO NOMINATE
24   THOMAS JAMES AS ESSEX SELECTBOARD CHAIR.
25
26   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO CLOSE
27   THE NOMINATIONS FOR CHAIR. THE MOTION PASSED 5-0.
28
29   THE MOTION TO ELECT THOMAS JAMES AS ESSEX SELECTBOARD CHAIR
30   PASSED 5-0.
31
32   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO
33   NOMINATE JEFFREY B. CARR AS ESSEX SELECTBOARD VICE-CHAIR.
34
35   ALAN NYE MOVED AND LINDA MYERS SECONDED A MOTION TO CLOSE THE
36   NOMINATIONS FOR VICE-CHAIR. THE MOTION PASSED 5-0.
37
38   THE MOTION TO ELECT JEFFREY B. CARR AS ESSEX SELECTBOARD VICE-CHAIR
39   PASSED 5-0.
40
41   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO
42   NOMINATE THOMAS TORTI AS ESSEX SELECTBOARD CLERK.
43
44   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO CLOSE
45   NOMINATIONS FOR CLERK. THE MOTION PASSED 5-0.
46
47   THE MOTION TO ELECT THOMAS TORTI AS SELECTBOARD CLERK PASSED 5-0.
     ESSEX SELECTBOARD                                                                    April 5, 2004

48
49   PUBLIC TO BE HEARD
50   Paul Dunkling, whose mother owns Ray’s Seafood addressed the Board about the sewer on
51   Pinecrest Drive and the cost associated with hooking up. Right now the sewer is behind Rite Aid.
52   The Town has asked Ray’s Seafood to build a sewer from where it is now to the corner of Pinecrest
53   Drive. The cost to do this would be $27,000 not including engineering costs of $9,000. The Town
54   is asking for an additional $7,400 for Ray’s Seafood to hook up to it, plus payment for monthly
55   sewer bills on top of it. It doesn’t seem right if he’s building the Town sewer for that distance, that
56   he should have to pay that kind of money to hook up to it, plus pay to use it. He asked if Ray’s
57   Seafood could hook up to the sewer from where it is right now, or if the Town would lift the charge
58   to hook up to it. He explained Ray’s Seafood doesn’t have that kind of money to spend.
59
60   Mr. Scheidel stated that Dennis Lutz, the Town Engineer was away for a few days, so it could take
61   a few days to get an answer to Mr. Dunkling’s questions. Mr. James stated the Town would get
62   back to Mr. Dunkling with an answer on Mr. Lutz’s return.
63
64   Mr. Carr stated that he is the CCMPO representative for Essex and Mr. Torti is the alternate
65   representative yet it has been a long-standing practice in the Town to have two alternate
66   representatives. Since his business takes him out of town there are times when he can’t attend the
67   meetings, and he would feel more comfortable serving as the CCMPO representative if they had a
68   second alternate representative.
69
70   JEFFREY CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO ELECT
71   THOMAS JAMES AS SECOND ALTERNATE REPRESENTATIVE TO THE CCMPO.
72   THE MOTION PASSED 5-0.
73
74   Mr. Carr asked Mr. Scheidel to send a letter to the CCMPO stating the election results for a second
75   alternate representative so that Mr. James’ name would be added to the list of those eligible to vote.
76
77   Mr. Nye stated he read an article in the Essex Reporter referring to a vote for the Village School
78   District to allow the Town to manage the land at Saxon Hill. There was a comment at the end of
79   the article that complimented the Town, specifically the Parks and Recreation Director, Mark
80   Berry, for the management of the Indian Brook parcel of land. The Board recognized Mr. Berry for
81   his management of Indian Brook.
82
83   PUBLIC HEARING
84   Champlain Farms Liquor License Application
85
86   David Simendinger, President of Champlain Farms, represented the application. Mr. James
87   explained to Mr. Simendinger that the Board decided not to make any decisions on the application
88   at the last meeting because of the circumstances, and they wanted to have a representative present
89   from Champlain Farms to fairly judge the application. Mr. James also explained that it wasn’t
90   required that a representative attend the last meeting for a Second Class Liquor License.
91
92   Mr. Simendinger explained that he thought they were doing a good job at the store. He stated that
     Draft                                              2
      ESSEX SELECTBOARD                                                                    April 5, 2004

 93   if a cashier sells to a minor and doesn’t ask for an ID they are terminated. This particular cashier
 94   did ask for an ID and the person that bought presented a fake one. They did not terminate that
 95   person, certified by the State of Vermont, because he did everything he was trained to do.
 96
 97   Mr. James listed the violations the Board received from the Essex Police Department as well as the
 98   Vermont Department of Liquor Control regarding multiple instances of the sale of alcohol to
 99   minors dated November 7, 2003, January 11, 2004, January 30, 2004, February 6, 2004, and
100   February 14, 2004.
101
102   Mr. Scheidel explained that two officers of the Essex Police Department were available to answer
103   any questions on the charges. Officer Kissinger was the initiating officer of the complaints in 2004.
104    Mr. James asked if the owner was aware of these complaints. Officer Kissinger stated he did not
105   make contact with the owner on the 2004 violations but forwarded reports to the Liquor Control
106   Board.
107
108   Mr. Carr asked Mr. Simendinger if he was aware of the four violations in 2004. Mr. Simendinger
109   answered he was aware of only one incident. Mr. Nye asked if there was a liaison between the
110   Police Department and area businesses. Officer Dunn introduced himself as the Liquor Liaison
111   Officer that relays information to the Vermont Liquor Control Board. Mr. Nye thought there was
112   an officer that was the liaison for local business enterprises.
113
114   Mr. Scheidel explained that normally the applicant would receive a copy of the document and letter
115   of the hearing. He asked Mr. Simendinger if he had seen a copy of the document. Mr. Simendinger
116   stated he did not receive a copy.
117
118   Mr. Torti recommended that since Mr. Simendinger seems to have been placed on the spot
119   regarding the violations, the Board should table the hearing.
120
121   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION TO TABLE
122   THE PUBLIC HEARING FOR CHAMPLAIN FARMS LIQUOR LICENSE APPLICATION
123   TO A FUTURE MEETING.
124
125   Mr. Scheidel asked if there was a substantial difference in the violations or was it the same person
126   over and over. Officer Kissinger stated they were all for liquor sales to minors by different
127   employees. Out of those, two were not carded.
128
129   Mr. Nye thought the Board should discuss with the administration the role of the liaison later in the
130   meeting. Officer Dunn explained his position requires he send reports to the Chief’s office when
131   applications come in stating whether he denies or accepts the application. Mr. Nye explained he
132   believed any time there was a liquor violation on a regular basis, that a member from the Police
133   Department was expected to make contact with the owner of the establishment.
134
135   THE MOTION PASSED 5-0.
136
137   BUSINESS
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      ESSEX SELECTBOARD                                                                   April 5, 2004

138
139   Mr. James presented a video made by Channel 17 explaining why a new administration building
140   was needed. He explained space is clearly a problem. The Town has a little over 10,000 square
141   feet of space and they determined the need between 22,000 – 23,000 square feet. The police now
142   take up 1, 770 square feet in the current Town Offices and another 3,000 at another location. The
143   community seems to recognize the need for more space and this video was created to explain that
144   need. The video brought the audience through the Town Offices. Some highlights: The existing
145   building at 81 Main Street was dedicated in 1983 and since that time the Town’s population has
146   increased by 4,600 people. The number of administrative personnel has grown from 14 to 23 and
147   the Police Department has increased from 21 to 32 staff members. Deeds and land records have
148   increased by 424 volumes. The Town has taken several steps to alleviate the overcrowding.
149   Public Works employees and the Police Detective Unit have been moved to satellite offices,
150   bathrooms have been converted to offices and off-space storage for records has been leased and
151   constructed. The first reason for the new building is the need to provide better service to customers.
152    A new Town office building would improve access to records and services, reduce operational
153   costs and service redundancies associated with operating and maintaining several satellite offices,
154   create essential work space needed for current and future operations, improve internal
155   communications, and help the Town comply with the Americans With Disabilities Act
156   requirements. Finally, the timing is right to take advantage of favorable borrowing rates and terms.
157
158   Looking at the Essex Police Department’s current situation, the video pointed out several
159   inadequacies. The detectives operate in a separate leased building which cost the taxpayers
160   $156,000 since 1997. These two separate offices result in a duplication of infrastructure and create
161   inefficiencies in time, resources and equipment. At the 81 Main Street location, there are no
162   separate areas to accommodate children and infants when victimized. Victims, juvenile suspects
163   and witnesses are all processed in the same area of the officer’s workspace. The current lobby area
164   is standing room only for two people and has no heat. The female locker room doubles as a public
165   rest room and kitchen. The male locker room doubles as storage including armor storage. The
166   Town’s holding cell can hold only one arrestee and is immediately adjacent to the Town
167   Administration Offices and within the view of the area used by victims and witnesses.
168
169   Speaking to the administrative offices’ cramped conditions, there is lack of public space to conduct
170   research, vote and meet with employees. The vault is rapidly approaching its capacity with 38
171   volumes of land record binders being added to the vault last year. The Town’s conference room is
172   used extensively by homeowner’s associations, meetings of town officials and employees and has a
173   limited seating capacity of 30 people. The lack of an elevator to the second floor is frequently an
174   issue for the physically challenged public. Essex is among the communities with the lowest square
175   footage per administrative employee at 285 square feet. The Police Station is also among the
176   lowest space allocation per employee at 120 square feet per person.
177
178   A Blue-Ribbon Citizen Committee recommended the need for a new facility in 1994 but the
179   Selectboard chose not to go forward with those plans due to the community discussions on
180   consolidation and separation and later, economic concerns.
181
182   Mr. James explained that one of the Selectboard members will go to various meetings, explain the
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      ESSEX SELECTBOARD                                                                  April 5, 2004

183   reason for the video, show the tape, and answer questions. Mr. James then asked for public
184   comments.
185
186   Sotos Papaseraphim of 7 Prescott Drive asked how much the building would cost. Mr. James stated
187   they did not know yet. It would depend on the site chosen for the location of the building and the
188   renovation costs to the current building.
189
190   Matt Stevens of Essex Junction asked if the Town ever approached the Village on a joint effort to
191   create one building for the Town and Village Offices. Mr. James stated they had not. In September
192   of 2003, the Board went out to several businesses in the community and described in detail what the
193   Town needed giving a December 3, 2003 deadline for the community or individuals to respond.
194   They did not get any offers related to any kind of a combined building but did receive 9 responses
195   that they have been working with since.
196
197   Mr. Nye explained that prior to going out for bid, the Board talked with the Village about their
198   desires. One concern for the Village was keeping the police in the Village. They did not discuss a
199   need for a joint office. Mr. James stated the Board had seven meetings with the Village Trustees
200   over the past year regarding their desires.
201
202   Al Senecal of 11 Driftwood Lane, Burlington, asked if there were any acceptable sites out of the
203   nine respondents and had the deadline been extended for other sites? Mr. James responded out of
204   the 9 respondents they have been negotiating with one very specifically and are close to ending the
205   negotiation. Once an initial agreement is made, the Board will move forward to finalize the
206   location. Mr. James explained that the Board would continue to notify the public of what they are
207   doing until November’s general election when the Board will go out to the voters for approval for
208   the funds to build the facility.
209
210   Gerry Donahue of Essex Junction asked if the Board would consider any new locations that come in
211   late. Mr. James stated that they are now 4 months from the cut-off date and have gone through
212   negotiations with an individual; it would be difficult to consider a new property and be fair to what
213   has occurred so far. Mr. Donahue asked if something really great came along, would the Board
214   consider it. Mr. James supposed the Selectboard could discuss any offer.
215
216   Mr. James thanked Channel 17 for their work on the video affirming the Board’s appreciation for
217   the extra effort they put into the video.
218
219   Mr. Papaseraphim asked how much the Town was planning to spend on the new building. Mr.
220   James stated at this point, they don’t know.
221
222   Resolution of Appreciation for Committees
223
224   Mr. James presented a Resolution of Appreciation to each of the twelve people involved in the
225   Town Center Committee and Susie Wilson Road Committee. He listed the members of the Susie
226   Wilson Road Committee being Jay Austin, John Bartlett, Susan Brown, Kevin Kittell, Darlene
227   Littlefield and Gary Miller and the members of the Town Center Committee were June Carmichael,
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      ESSEX SELECTBOARD                                                                   April 5, 2004

228   Karen Baron, Gerald Donahue, Elizabeth Poulin, Matt Stevens and Laura Williams.
229
230   Ms. Myers stated her sincere appreciation for the time and effort the members took from their busy
231   lives to be on the committees and also for the very good reports the Board received from them.
232
233   Town Center and Susie Wilson Committee Reports – Next Steps
234
235   Thomas Torti suggested the Board give each of the reports to the Town Staff with a defined end
236   date, to come up with a list of changes, costs, and implications as well as the pros and cons of each
237   recommendation.
238
239   Linda Myers was in agreement but wanted to make sure there was enough time given to do the job
240   as the Staff has other work to do.
241
242   Mr. Scheidel acknowledged there was some consulting money of $5,000 for special services. There
243   were also several talented staff members to call upon. Mr. Scheidel felt 6 weeks was a reasonable
244   amount of time.
245
246   Mr. Carr stated there were several recommendations made by the committees, and he would like the
247   Staff’s prioritization summarizing the cost in order of magnitude, and Staff’s thinking of the pros
248   and cons for each of the two areas. Also, he would like the pros and cons of Town Center’s mixed
249   use and what the risks are. For example, if they allow someone to develop high-density residential
250   where the rate of return is really high what happens when the owners change and are left with
251   commercial/retail. Will they petition to build residential also? Mr. Carr stated he would like staff
252   to place more time on the more important issues and less on the lower priority items. He
253   recommended that if more money were needed, the Board be notified at the next meeting.
254
255   It was the consensus of the Board to have Staff develop a report prioritizing each recommendation
256   of the Town Center and Susie Wilson Road reports in terms of order of magnitude and assessment,
257   and the pros and cons effects of each recommendation within the 6-week period.
258
259   Background Check Policy (First Reading) Mark Berry
260
261   Mark Berry, Parks and Recreation Director, stated the issue is whether or not the Selectboard will
262   approve the adoption of a background check policy for employees and volunteers of the Parks and
263   Recreation Department. The Park and Recreation Department is a qualified entity because they
264   serve vulnerable populations; i.e. children and seniors. At this time there is no cost for these
265   background checks because the VCIC received a grant to cover the cost of background checks until
266   October 1, 2004. After that date, fees for in-state searches will be $20.00 and out-of-state searches
267   will vary depending on the state. There is no charge for an SRS report. Mr. Berry’s
268   recommendation is that the Selectboard adopt the Background Check Policy for Parks and
269   Recreation staff.
270
271   Mr. Carr asked Mr. Berry who defines ‘moral turpitude’ as a reason for disqualification and what
272   would qualify as ‘moral turpitude’. Mr. Berry will get more information for the second reading.
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      ESSEX SELECTBOARD                                                                  April 5, 2004

273
274   Ms. Myers asked if the Town ever had this policy, and what triggered it to come about. Mr. Berry
275   answered this would be the first time the Town would have this policy. There are a number of
276   organizations that carry such a policy, i.e., Hockey USA and the U.S. Little League, and it’s a
277   requirement for all volunteers. It’s also a policy that has been adopted by a number of other parks
278   and recreation departments in the area and the country.
279
280   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO APPROVE
281   THE FIRST READING AND WARN A SECOND READING FOR THE APRIL 19
282   MEETING. THE MOTION PASSED 5-0.
283
284   ALAN NYE MOVED AND LINDA MYERS SECONDED A MOTION TO MODIFY THE
285   AGENDA AND TAKE AS THE NEXT ITEM OF BUSINESS THE SECOND CLASS
286   LIQUOR LICENSE FOR TO THE TABLE. THE MOTION PASSED 5-0.
287
288   Second Class Liquor License – To the Table
289
290   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO GRANT A
291   2004 SECOND CLASS LIQUOR LICENSE FOR ‘TO THE TABLE’.
292
293   Mr. Nye asked if a first-time liquor license applicant should appear before the Board. Ms. Francis
294   stated the Board did approve a liquor license for ‘To the Table’ a couple of weeks ago, however
295   that was for the interim period to April 15, 2004. This approval will be for next year.
296
297   THE MOTION PASSED 5-0.
298
299   Septic Ordinance (First Reading) – Jerry Firkey
300
301   Mr. Scheidel explained that he had received a couple of requests from residents who are interested
302   in building who have all necessary permits but are awaiting to hear the Board’s decision on this
303   ordinance.
304
305   Mr. Firkey stated the issue was whether or not the Selectboard will amend the ordinance for
306   “Individual Sewage Disposal Systems” to incorporate the provisions of the Environmental
307   Protection Rules entitled “Wastewater System and Potable Water Supply Rules,” which were
308   adopted by the Department of Environmental Conservation and made effective August 16, 2002.
309   The principal provisions of the revised rules as they will affect individual sewage disposal systems
310   in the Town of Essex are as follows:
311       A) The new “Rules” permit disposal systems with less distance to water table and impervious
312           strata than previously permitted. For example, the existing Town of Essex ordinance only
313           permits systems within 24” to the water table and impervious strata. The new “Rules”
314           permit some systems in soils with less than 24” to water table and as low as 18” over
315           bedrock and in some cases with performance-based systems in soils with as little as 8” to 9”
316           over seasonal high water table.
317       B) The new “Rules” also permit many new types of innovative systems called performance-
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      ESSEX SELECTBOARD                                                                    April 5, 2004

318           based systems, which are quite expensive to install. Most of the performance-based systems
319           would be constructed on conditions with less than 24” of acceptable soil. The standards of
320           construction and review are strict and in some cases require periodic reviews and reports
321           from the applicant’s engineer during the life of the system.
322
323   Mr. Firkey stated the performance-based system is very expensive and will require the engineer be
324   involved throughout the life of the system.
325
326   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO APPROVE
327   THE FIRST READING OF THE PROPOSED SEPTIC ORDINANCE AND WARN A
328   SECOND READING FOR THE APRIL 19 MEETING.
329
330   Mr. Nye stated that as a registered civil engineer and someone who has approved subsurface
331   wastewater disposal systems, he testified in State hearings that it wasn’t in the best interest of the
332   State or communities to approve systems such as this. His reasoning was that once someone builds
333   a house and the septic system fails, there is little that can be done to get the individual to maintain
334   his or her system. He would vote against the motion believing that there are some parcels in the
335   State that are not meant to have houses and wastewater systems on them.
336
337   Mr. Carr asked if it were Mr. Nye’s judgment that the problem lies in what happens if the
338   performance system fails and there are no other options. He wouldn’t want to approve an ordinance
339   that would pollute the ground water if a system fails. Mr. Nye stated it would be difficult to make
340   the property owner do anything if the system fails.
341
342   THE MOTION PASSED 4-1. (Mr. Nye opposed).
343
344   Certificate of Opening for Old Colchester Road
345
346   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION THAT
347   THE SELECTBOARD SIGN THE CERTIFICATE OF OPENING FOR PUBLIC TRAVEL
348   ON THE OLD COLCHESTER ROAD. THE MOTION PASSED 5-0.
349
350   Minutes of March 15, 2004
351
352   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
353   APPROVE THE MARCH 15, 2004 SELECTBOARD MINUTES WITH THE FOLLOWING
354   CORRECTION: Line 238: Replace ‘O’Neill’ with ‘O’Neil’.
355
356   THE MOTION PASSED 4-0-1. (Jeffrey B. Carr abstained).
357
358   CONSENT AGENDA
359
360   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION TO
361   ACCEPT THE CONSENT AGENDA.
362
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      ESSEX SELECTBOARD                                                                April 5, 2004

363   Check Warrant Reports 3/12, 3/18, 3/25/04
364   Sustainable Communities Conference Brochure
365
366   Minutes
367   Zoning Board of Adjustment 2/5/04
368   Conservation Committee 2/10/04
369   CCMPO 2/18/04
370   CCRPC 2/23/04
371   CCTA 2/25/04
372
373   Agendas
374   Planning Commission 4/8/04
375
376   Letters
377   To Selectboard from HDI regarding Town Center
378   To Selectboard from Eurowest regarding Town Center Committee Report
379   To Mark Berry from PGA regarding Funding
380   To Mark Berry from Agency of Natural Resources regarding Trees for Local Communities
381         Grant
382   To Fairgrounds Beverage regarding Liquor License Renewal
383   To Patricia McDonald from Pat Scheidel regarding FTA funding
384   To Selectboard from IBM regarding IBM’s Waste Management System
385   To Water Resources Board from CLF regarding Amended NPDES General Permit
386
387   Memos
388   From Dennis Lutz to Selectboard regarding W. Sleepy Hollow Road
389   Mr. James asked what the next step should be regarding this issue. Mr. Scheidel asked if there were
390   any more questions the Board needed answered. The Board stated they did not need any other
391   information. Mr. James believed the next step would be to inform those that attended of the
392   Board’s decision not to change W. Sleepy Hollow Road from its Class 4 status. Mr. Carr recalled
393   the Board made a conscious decision not to compel the residents on the road to join the Association
394   because instead of picking out certain instances, the Board wanted to wait until they could make an
395   across-the-board effort throughout the Town. Mr. Scheidel stated he would draft a letter for the
396   Board’s review.
397   From CWD to Municipal Officials regarding Increases to Water Supply Fees
398   From K.M. Glitman to D. Francis regarding Public Transportation Task Force
399   From Winooski Valley Park District to Supporters regarding Draft Master Plan
400   From Dawn Francis to Selectboard regarding TLC Grant Support
401   From Dennis Lutz to Pat Scheidel & Selectboard regarding Winter Operation Overview
402
403
404   THE MOTION TO ACCEPT THE CONSENT AGENDA PASSED 5-0.
405
406   AT 9:00 P. M. JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A
407   MOTION TO ENTER EXECUTIVE SESSION TO DISCUSS PERSONNEL, CONTRACTS
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      ESSEX SELECTBOARD                                        April 5, 2004

408   AND POTENTIAL LITIGATION TO INCLUDE THE SELECTBOARD, TOWN
409   MANAGER, DEPUTY TOWN MANAGER, AND INDIVIDUALS MIKE LAWRENCE,
410   HECTOR LECLAIR, SCOTT MOREAU AND DICK TRUDELL. THE PREMATURE
411   PUBLIC KNOWLEDGE OF THE ISSUES TO BE DISCUSSED IN THE EXECUTIVE
412   SESSION WOULD PLACE THE MUNICIPALITY AT A SUBSTANTIAL
413   DISADVANTAGE. THE MOTION PASSED 5-0.
414
415   AT 9:25 P.M. MIKE LAWRENCE, HECTOR LECLAIR, SCOTT MOREAU AND DICK
416   TRUDELL LEFT THE EXECUTIVE SESSION.
417
418   AT 11:00 P. M. JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A
419   MOTION TO EXIT EXECUTIVE SESSION. THE MOTION PASSED 5-0.
420
421   JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO ADJOURN
422   THE MEETING. THE MOTION PASSED 5-0.
423
424
425
426
427
428
429
430
431
432
433   Respectfully submitted,
434   June M. Campbell
435
436   June M. Campbell
437   Recording Secretary
438
439   Approved this _______________ day of _________, 2004.
440
441   (See minutes of this date for corrections, if any).
442
443   _______________________________
444   Thomas W. Torti, Clerk, Selectboard
445
446   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)




      Draft                                             10
 1                                           TOWN OF ESSEX
 2                                            SELECTBOARD
 3                                              MINUTES
 4                                             March 15, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Linda Myers, and Thomas Torti.
 7
 8
 9   OTHERS PRESENT: Patrick Scheidel, Town Manager; Dawn Francis, Deputy Town Manager;
10   Dennis Lutz, Town Engineer/Public Works; David Spitz; Jim Dousevicz, Jason Siegel, Hobart
11   Heath, Tony Melanson, Dana Baron, Karen Baron, Bob Marcellino, Walid Hatoum, Karen Gray,
12   Lee Gray, Art Lyle, John Summerville, Kevin Kittell, Spaulding & Coe, Susan Brown, Josh
13   Friedman, Gary Smith, Joe Villemaire, George Tyler, Mary O’Neil, Roger Villemaire, Greg
14   Morgan, Jason Siegel, Gary Miller, and representatives for Essex Country Club, Foodee’s Pizza,
15   Green Mountain Lanes, J.P.’s Diner, Joyce’s Noodle House, Lincoln Inn, Links at Lang Farm,
16   Loretta’s, Park Place Tavern, Pizza Hut, and Racquest’s Edge.
17
18   Mr. James called the meeting to order at 7:30 p.m.
19
20   PLEDGE OF ALLEGIANCE
21   Mr. James invited those present to join him in reciting the “Pledge of Allegiance.”
22
23   PUBLIC TO BE HEARD
24
25   No one addressed the Board on issues not on the agenda.
26
27   Mr. James stated he attended the Fireman’s Ball on March 13. Often, Selectboard Members are
28   asked why the Town has such a great volunteer Fire Department and he believes contributing
29   factors to the Department’s success is their respect for each other, their friendship, and their
30   working and playing hard. He wanted the Firemen to know that the Board commends them for the
31   job they are doing.
32
33   BUSINESS
34
35   Liquor License Applications
36
37   First Class
38
39   Linda Myers questioned the expiration of the Enforcement Seminar for Loretta’s, which should
40   have been renewed by March 8, 2004. Loretta DeVito stated her manager had recent surgery and
41   was not able to schedule the seminar. Ms. DeVito stated she would take care of it. Mr. James
42   reminded Ms. DeVito that the seminars were needed every three years.
43
44   Linda Myers noted that Pizza Hut’s Enforcement Seminar had expired. Robert Rushford stated he
45   just completed the Seminar on March 4, 2004. All employees involved were certified.
46
47   Linda Myers reminded Racquets Edge their Enforcement Seminar would expire on March 20, 2004.
     ESSEX SELECTBOARD                                                              MARCH 15, 2004

48
49   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO APPROVE
50   FIRST CLASS LIQUOR LICENSES FOR ESSEX COUNTRY CLUB LLC;
51   ETTENBOROUGH ENTERPRISES, DBA: FOODEE’S PIZZA; GREEN MOUNTAIN
52   LANES, INC; J. P.’S DINER; JOYCE’S NOODLE HOUSE; ESSEX M & A CORP, DBA:
53   KOUREBANAS LINCOLN INN; LINKS AT LANG FRAM, LLC; PRATT AND DEVITO,
54   DBA: LORETTA’S; SE & NP, INC., DBA: PARK PLACE TAVERN; CAPITAL PIZZA
55   HUTS OF VERMONT, INC.; AND SPORTS & FITNESS EDGE, DBA: RACQUETS EDGE.
56   THE MOTION PASSED 3-0.
57
58   Mr. James reminded the applicants that the Selectboard takes the issuance of liquor licenses very
59   seriously and they expect the applicants will share in the seriousness of holding a liquor license.
60
61   Second Class Liquor Licenses
62
63   Thomas Torti commented on the notice from the Chief of Police regarding Champlain Farms –
64   Pearl Street and its violations of selling to minors. The Board decided to handle this application
65   separately.
66
67   Linda Myers noted that the Enforcement Seminar for Champlain Farms - Jericho Road was due to
68   expire in June 2004.
69
70   Linda Myers asked that Fairgrounds Beverage’s application be discussed separately.
71
72   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO APPROVE
73   SECOND CLASS LIQUOR LICENSES FOR R. L. AMOS, INC., DBA: BOB’S ROUTE 2A
74   MOBILE MART; ODESSA CORP., DBA: CHAMPLAIN FARMS – JERICHO ROAD;
75   FOURTH BURLINGTON CORPORATION, DBA: ESSEX COLONIAL MART; GRAND
76   UNION MARKETS; KINNEY DRUGS; AND MARTONE’S MARKET. THE MOTION
77   PASSED 3-0.
78
79   Mr. James reminded the applicants that the Selectboard takes the issuance of liquor licenses very
80   seriously and they expect the applicants will share in the seriousness of holding a liquor license.
81
82   Regarding Champlain Farms – Pearl Street, Mr. James referred to the Police Report dated February
83   24, 2004 which listed a number of infractions, and the Police Chief’s recommendation to
84   immediately suspend the current 2003 Liquor License and deny the 2004 Liquor License Renewal.
85   Mr. James asked Mr. Scheidel the process on revoking a Liquor License. Mr. Scheidel
86   recommended that the Board set a hearing date for the applicant on the suspension and renewal of
87   his Liquor License.
88
89   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO SET A
90   HEARING DATE OF APRIL 5, 2004, FOR CHAMPLAIN FARMS - PEARL STREET, ON
91   BOTH THE CURRENT AND 2004 LIQUOR LICENSES. THE MOTION PASSED 3-0.
92
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      ESSEX SELECTBOARD                                                             MARCH 15, 2004

 93   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO APPROVE
 94   A CONDITIONAL SECOND CLASS LIQUOR LICENSE TO THE OWNER OF THE
 95   FAIRGROUND BEVERAGE ON THE CONDITION THAT THE OWNER PROVIDE
 96   TRAINING FOR ALL EMPLOYEES OF THE FAIRGROUND BEVERAGE TO BE
 97   CONDUCTED BY THE DEPARTMENT OF LIQUOR CONTROL, WITH TRAINING TO
 98   BE COMPLETED BY APRIL 30, 2004. THE MOTION PASSED 3-0.
 99
100   Mr. Scheidel noted that a representative from Cody’s Irish Pub had recently arrived for the approval
101   of a First Class Liquor License.
102
103   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO APPROVE
104   A FIRST CLASS LIQUOR LICENSE FOR KEVIN CODY, INC, DBA: CODY’S IRISH
105   PUB AND GRILLE. THE MOTION PASSED 3-0.
106
107   Mr. James reminded the applicants that the Selectboard takes the issuance of liquor licenses very
108   seriously and they expect the applicant will share in the seriousness of holding a liquor license.
109
110   BUSINESS
111
112   Report of Susie Wilson Road Committee
113
114   Gary Miller, a member of the Susie Wilson Road Committee, presented the report from the
115   Committee, dated February 18, 2004. He acknowledged that the public had not responded to
116   invitations to attend the meetings, so he hoped this presentation would give an opportunity for input
117   from the Selectboard and the public. He listed the six members of the Committee: Jay Austin, John
118   Bartlett, Susan Brown, Kevin Kittell, Darlene Littlefield and Gary Miller.
119
120   In summarizing the report, Mr. Miller outlined the key findings of the Committee which came from
121   the 2001 Town Plan and the 2001 Chittenden Country Regional Plan where Essex was considered a
122   sub regional growth center. In the Susie Wilson Road area, the Town Plan encouraged zoning for
123   mixed use, and setting aside vacant land for affordable housing. Higher density residential and
124   employee population growth were encouraged in the Susie Wilson Road area within ¼ mile of
125   transit stops. The Committee also referred to the Route 15 Corridor Improvement Plan which
126   recommended a regional parking structure for commuter use to service Burlington.
127
128   A 1996 report prepared for the Town by RESV found that the supply of nonresidential land under
129   the current zoning would be adequate to meet demand for the next 35 years. In a recent
130   presentation to the Selectboard by Bill Smith, future demand for residential housing is projected to
131   increase for housing seniors, residents over 55, and residents 20-24. These age groups will require
132   some affordable housing.
133
134   Susie Wilson Road is centrally located on a major transportation corridor between the largest
135   private employer in the County (IBM) and the largest public employers (Fletcher Allen and the
136   University of Vermont). Susie Wilson Road will continue to serve as a major traffic thoroughfare
137   with or without completion of the Circumferential Highway.
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      ESSEX SELECTBOARD                                                             MARCH 15, 2004

138
139   Based on current Zoning, the land within the sewer core is limited. If the Town expects to have
140   residential growth, it should consider expanding the growth center, expanding the density and/or
141   expanding the sewer core.
142
143   Mr. Miller summarized the recommendations made by the Committee. The committee
144   recommended that the Town form a Mixed Use District in the Susie Wilson Road B1 districts. For
145   Mixed Use, the Committee recommended only business and residential components, not industrial.
146   The residential component would be the same zoning as R2 and R3 districts with the following
147   modifications on density: multi-family units such as apartment buildings or condominiums should
148   be permitted and encouraged, density should be based on lot coverage as opposed to dwelling units
149   per acre, and lot coverage of 60-80% should be considered. The B1 component would be the same
150   as the current zoning allowance in the B1 district.
151
152   The Committee also recommended creating a Metropolitan Planning Area, a term used by the
153   Regional Planning Commission. The area should include the Susie Wilson Road corridor, Kellogg
154   Road, Morse Drive, and Gauthier Industrial Park, which would be the Industrial Zone.
155
156   Transportation and pedestrian movement must be safe and efficient. Curb cuts on Susie Wilson
157   Road must be minimized. Pedestrian crossings constructed of grassy medians will allow safe stop
158   points when crossing the road at signalized intersections. High volume businesses should be
159   allowed, but only with controlled access to Susie Wilson Road.
160
161   The Committee feels that Susie Wilson Road should be included in any updates to the Route 15
162   Improvement Plan. In a conversation with Paul Craven, who worked on the Route 15 Corridor
163   Improvement Plan, Mr. Miller found that he would be willing to incorporate Susie Wilson Road in
164   that work, and include the road in any synchronized signals along Route 15.
165
166   The Planning Commission and the Selectboard should also consider a Mixed Use Zone in the area
167   bordered by Pinecrest Drive and Susie Wilson Road to allow one planning zone.
168
169   Infrastructure funding would be needed in several areas. A regional parking structure for a transit
170   center should receive some State funding but more funding would be needed. Water and septic
171   capacities and roadway improvements would also be needed. If the Board decided to place a
172   residential component in this area, it would require a sewer reallocation from business uses or
173   residential areas in the sewer core.
174
175   Aesthetics would also be an important component when considering a Mixed Use Zone. The
176   Committee envisioned large-scale, stately buildings, similar to those located at Fort Ethan Allen.
177   Zoning measures should be taken to ensure a growth pattern that enhances the visual character of
178   the area. Seeking out recreational amenities, such as multi-use paths and large areas of open space,
179   should be considered if higher residential density is allowed. In order to make it feel more like a
180   neighborhood, setbacks should be reduced from what the current R2 Zoning requires. To gauge
181   building heights in the area, the Fort Ethan Allen water tower, which is a focal point for the area,
182   should be the tallest structure in view.
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183
184   Mr. James opened the floor for questions or comments.
185
186   Karen Gray asked for more information on the setbacks. Mr. Miller explained that a setback is the
187   area from the lot lines and road, where no building can occur. Setbacks can vary according to zone
188   and the committee is proposing that the setbacks be reduced in the Susie Wilson Road area. The
189   Planning Commission and Selectboard would determine the distance for the setbacks.
190
191   Mr. James asked if other areas in Chittenden County used lot coverage to determine density. Mr.
192   Miller believed Burlington, Essex Junction, Taft Corners and Milton were also using this formula.
193   On behalf of the Town, Mr. James thanked the Committee for the considerable amount of time
194   placed on the study.
195
196   Report of Town Center Committee
197
198   Mr. James explained that the Committee would not be presenting tonight, but they had submitted a
199   written report dated February 26, 2004, and anyone can ask for a copy. He read from the report
200   submitted by June Carmichael, Chair of the Town Center Committee, suggesting that the Board
201   arrange a time for a presentation of Gary Smith’s computer simulation of the Town Center and
202   Eurowest properties. Mr. James introduced Mr. Smith who was invited to present the simulation
203   that evening.
204
205   Mr. Smith presented a real-time, high-end computer simulation of the Town Center showing the
206   current streets, buildings and landscaping, which could be viewed at eye level and from an
207   overhead view. He explained the technology would allow people to see an exact representation of
208   the area so that ‘what if’ situations could be simulated. Through the simulation, Mr. Smith brought
209   the audience down each street in the Town Center, noting building details, landscaping and views
210   of Mount Mansfield and Camels Hump.
211
212   Mr. Smith then pulled up a simulation of four buildings that were once proposed on the Dostie
213   property in the Town Center area, showing the buildings in both three-story and four-story views.
214   He brought the audience around the buildings, onto Old Stage Road showing the height and layout
215   of those buildings from all views.
216
217   Mr. James opened the floor to questions or comments. George Tyler, of the Essex Reporter, asked
218   for background on the proposed buildings, since he was not familiar with them. Mr. James
219   explained that a possible development for the four buildings had been presented to the Planning
220   Commission in the past. At that time, the Commission was not able to come to a consensus, and
221   recommended that a committee be formed to look at this area of Town. The Town Center
222   Committee was created and in their report, they recommended several options: A) increasing
223   residential density substantially, B) maintaining some version of the residential density bonus, C)
224   simplifying density calculation algorithm, and D) incorporating senior/affordable housing. Under
225   Mixed Use, the Committee recommended, A) increasing residential to commercial percentage in
226   the
227   remaining undeveloped land, B) allowing buildings that are residential-only or commercial-only, C)
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      ESSEX SELECTBOARD                                                            MARCH 15, 2004

228   encouraging buildings that front Carmichael Street to include a commercial component, D)
229   establishing a single “planning zone” for the Town Center, and E) incorporating underground or
230   tiered parking.
231
232   Mr. James stated the Board had received an excellent report from the Town Center Committee,
233   giving the Board a great deal of information and perspectives they didn’t have before. He admitted
234   that the Board is clearly not at a point where they can make any kind of decision.
235
236   Mr. James thanked the Committee members, June Carmichael, Karen Baron, Gerald Donahue,
237   Elizabeth Poulin, Matt Stevens and Laura Williams, for their study of the Town Center.
238
239   Mary O’Neill asked for clarification on the reason for the presentation. Mr. James responded that
240   the report was the result of a mission to look at the Town Center area to come up with
241   recommendations relating to the kind of zoning, density and type of businesses that should be in
242   that area. An administrative building was not included in this presentation.
243
244   John Summerville of Essex noticed that as the simulation was going down Route 15 showing the
245   proposed three and four-story buildings, the mountain views were being blocked. He believed the
246   buildings might be better further back where they wouldn’t block the ridgeline.
247
248   Mr. James thanked everyone for coming and stated the Selectboard would be reviewing both the
249   Susie Wilson Road and Town Center Reports and soliciting more data.
250
251   TLC Grant Authorization
252
253   Dawn Francis stated that the Selectboard was being asked to authorize the staff to apply for a
254   Transportation for Livable Communities grant sponsored by the CCMPO. The purpose of the grant
255   program is to have planning funds available to support communities’ development activities, for
256   example transit-oriented design concepts. Staff is recommending the Selectboard authorize the
257   staff to apply for an amount of up to $20,000 to help develop an integrated land use and multi-
258   modal transportation plan/design scheme for the Susie Wilson Road corridor. After seeing the
259   report from the Susie Wilson Road Committee, the grant money would be useful in the preparation
260   of a concept design and zoning amendments that will facilitate transit-oriented development.
261
262   LINDA MYERS MOVED AND THOMAS TORTI SECONDED A MOTION TO
263   AUTHORIZE THE TOWN MANAGER TO SUBMIT AN APPLICATION TO THE TLC
264   GRANT PROGRAM IN THE AMOUNT OF $20,000 FOR THE PURPOSE OF
265   DEVELOPING AN INTEGRATED LAND USE AND MULTI-MODAL
266   TRANSPORTATION PLAN/DESIGN SCHEME FOR THE SUSIE WILSON ROAD
267   CORRIDOR TO INCLUDE THE PREPARATION OF A CONCEPT DESIGN AND
268   ZONING AMENDMENTS THAT WILL FACILITATE TRANSIT-ORIENTED
269   DEVELOPMENT.
270
271   Mr. Torti asked if the proposal requiring a non-federal match of 20 percent, would take from the
272   $5,000 that was recently authorized by the Selectboard for professional services. Ms. Francis
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273   answered yes, and explained that there would still be $5,000 available in the advertising budget for
274   economic development and $1,000 for professional services.
275
276   Mr. James asked Ms. Francis if the Town would still need the money if the Board decided not to
277   move forward on some of the activities for the Susie Wilson Road. Ms. Francis stated the grant
278   might help the Board make decisions regarding the traffic system and other issues of concern for
279   the Board. Mr. Torti stated he was comfortable with the motion as long as it was understood that
280   by applying for the grant, the Board was not necessarily supporting specific recommendations put
281   forward by the Susie Wilson Road Committee.
282
283   Ms. Francis referred to an e-mail from Mark Berry on behalf of the Trails Committee stating they
284   would like to explore a planning grant on how to forge a relationship with the State of Vermont and
285   the Federal Government to utilize the Circ. Right-of-way for transportation of non-motorized
286   vehicles.
287
288   THE MOTION PASSED 3-0.
289
290   West Sleepy Hollow Road Issue
291
292   Mr. Scheidel noted several correspondences regarding this issue: a letter to Dennis Lutz from the
293   West Sleepy Hollow Road Association, dated March 3, 2004, a response letter to the Association
294   from Dennis Lutz dated March 4, 2004, and a memo to the Town Manager and Selectboard from
295   Dennis Lutz dated March 8, 2004.
296
297   Tony Melanson, of 235 West Sleepy Hollow Road spoke for the Association. He introduced the
298   members of the Road Association present at the meeting. The Association is looking for
299   information on specifications that would bring West Sleepy Hollow Road from a Class 4 to a Class
300   3 Road, so that the Town would maintain the road.
301
302   Mr. Melanson referred to a memo dated September 11, 2003, to Herb Durfee from Dennis Lutz
303   regarding Selectboard policy standards for Class 4 roads. He listed the final three points from the
304   memo: “3) A fee shall be imposed and collected at the time of building permit application. The
305   amount of the fee shall be determined by the Town Engineer. 4) The Town shall determine the
306   timing of road improvements, using the collected fees, and 5) Whenever a new building permit is
307   issued on a Class IV road, the permittee shall agree in writing to contribute a sum, not less that
308   $300 annually, to a duly formed road association or to another appropriate (e.g., town escrow
309   account) for the purpose of annual road maintenance.”
310
311   Mr. Melanson then referred to a memo dated March 4, 2004, sent to him from the Town Engineer.
312   He highlighted one point from the letter “from strictly an engineering standards point of view, West
313   Sleepy Hollow is narrower than the Public Works Standards for a gravel road. The standard set in
314   the Class 4 highway ordinance for width was done on purpose, under the assumption that the road
315   would remain a low volume road and that the Town would not pick up the maintenance
316   responsibility. Irrespective of the standards issue, it is my opinion that the Selectboard will not take
317   action to assume any maintenance responsibility for this road at this time, even if the road were
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      ESSEX SELECTBOARD                                                              MARCH 15, 2004

318   wider.”
319
320   Referencing the third memorandum dated March 8, 2004, to Patrick Scheidel and the Selectboard
321   from Dennis Lutz, Mr. Melanson read the following paragraph, “In addition, the Public Works
322   Specifications do not allow for the creation of new gravel road. New “rural” roads built for
323   development purposes in the Town must meet the minimum standards identified in those
324   specifications as a Type II rural road – 24 inches of gravel base and 6 inches of top course
325   aggregate. Even if West Sleepy Hollow Road were to be built to this standard, there is no legal
326   requirement on the part of the Town to reclassify the road to a higher class and take over the
327   maintenance responsibilities.”
328
329   Mr. Melanson summarized by saying that the Association had received numerous standards that
330   might bring West Sleepy Hollow Road to Class 3 standards. He referred to several ordinances from
331   Highways in Chapter 9.02 regarding Class 4 highways, beginning with 9.02.030 “… This chapter is
332   to ensure that the expense of upgrading these roads to accommodate additional development is not
333   borne by the residents of the town.” Mr. Melanson explained that the Town did not invest any
334   money to upgrade the West Sleepy Hollow Road to make it a road suitable for traffic. It is the
335   Association’s belief that they have fulfilled the spirit of this statute. Reading from 9.02.040 “…
336   Accordingly, it is the policy of the town to prohibit development on Class 4 highways until they are
337   upgraded by other interested parties to the public works department highway specifications.”
338   9.02.060 Section 2: “….Subsequent to issuance of two zoning permits for new residential
339   construction utilizing a Class 4 Town highway, after the adoption of this ordinance, the standard
340   shall be a Type III unpaved rural road as set forth in the Public Works Department specifications
341   with the following changes: the width of travel lane shall be 20’, the shoulder width shall be 1’ on
342   each side, and the drainage ditches and other required features shall be within the available right-of-
343   way, but must be adequate to function properly.” Mr. Melanson explained that all provisions were
344   completed on the road and paid for by the residents. The Association is also looking for
345   clarification on how they should proceed when the Town begins to determine fees and maintenance
346   schedules as new residences are built. The Association believes there will be discrepancies when
347   this begins.
348
349   Lee Gray, of 275 West Sleepy Hollow Road had subdivided property on West Sleepy Hollow Road,
350   and believed that the road was built to the Town Engineer’s Class 3 specifications. When he started
351   the development, there was one residence belonging to Mr. Sweetser and two other lots that were
352   grandfathered into the road that didn’t have to be part of an association. When he went through the
353   subdivision process, because the road separated his parcels, the Community Development Director
354   required him to do two subdivisions, a three-lot and a five-lot subdivision. Further development
355   happened with the Sweetser lot subsequent to his subdivision, and the Town didn’t ask them to
356   form a road association, and didn’t require those who bought the property to become members of
357   the West Sleepy Hollow Road Association. One residence of the Sweetser subdivision has
358   contributed since they bought their land, but the others have not. He feels it’s a discrepancy to
359   allow some residents to use the road without paying for maintenance, while the other residents
360   carry the burden and that when the Sweetser property was subdivided, the buyers should have been
361   made to join the association. Since that didn’t happen, he suggested the Town should take the road
362   over, or tell the Association what is needed for the Town to do so.
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      ESSEX SELECTBOARD                                                              MARCH 15, 2004

363
364   John Summerville, of 282 West Sleepy Hollow Road explained that the first half-mile of the road
365   has residents that don’t pay for the upkeep of the road. He agreed that there is a certain unfairness
366   with this arrangement.
367
368   Karen Gray, of 275 West Sleepy Hollow Road stated most of the maintenance on West Sleepy
369   Hollow Road is at the beginning of the road where the residents aren’t part of the Association. The
370   upper part is in good shape.
371
372   Marceline Cole, of West Sleepy Hollow Road stated that she pays substantial taxes and also pays to
373   maintain the road, which she believes is unfair.
374
375   Dennis Lutz listed a few points that were relevant to the complaints. Only about 5% of the Town’s
376   taxes go towards highway maintenance. Also, on Class 4 Town highways, where there are
377   residents, the Town has agreed to plow. If the residents of West Sleepy Hollow Road had to pay
378   for their own plowing, it would cost nearly the 5% that goes towards highway maintenance. The
379   Town tried hard, when the other lots were subdivided, to come up with an equitable solution of one
380   association, but legally they could not do it. He also stated that a reason for the lower part of the
381   road being in worse condition than the rest was because it gets more traffic than the upper part.
382
383   Mr. Lutz then gave a brief history of the issue. Back in the early 1990’s when the Town was faced
384   with deciding what to do with the Class 4 highways they converted some of those roads to trails,
385   and decided to keep a couple because property owners on those roads had no other access. A Class
386   4 highway is defined by use, not by specific standards. It can be 30’ wide and paved, yet still
387   would be considered a Class 4 by use. According to State Statutes, “Class 4 highways are those
388   that may be maintained to the extent required by the necessity of the Town, the public good and the
389   convenience of the inhabitants of the town.” Legally, the Town receives no state aid for a Class 4
390   Town highway.
391
392   Back in the 1980’s, the Town defined three types of highways for construction purposes: 1) new
393   paved roads in urban areas which involved curbs, sidewalks and roads 30’ wide, catch basins, and
394   lights; 2) rural streets paved 24’ wide with a 2’ shoulders and ditches on each side, with no
395   sidewalk or path; and 3) a standard 24’ wide gravel road with shoulders. When the Class 4
396   ordinance came in, a Class 4 road had only a right-of-passage, an existing legal right-of-way on
397   property owned by the Town. If there were going to be development occurring on Class 4 roads in
398   the Town, staff would set the standards to allow low scale development, up to ten new housing
399   units, and set a lower standard than the Public Works specs allowing a 20’ width for the road. Mr.
400   Lutz stated a Class 4 is a unique road and can’t be applied to Class 3 specs. If the road were to be
401   built to Class 3 standards, they would be paving it 24’ wide with ditches. For example, when the
402   Essex Highlands development came in, the Planning Commission mandated that they build to Class
403   3 Standards with a 24’ paved road and ditches. Since the 1980’s, the Planning Commission has not
404   approved a development with a gravel road. The intent of the Town was not to take over additional
405   gravel roads.
406
407   Mr. Lutz stated that since West Sleepy Hollow Road was approaching the ten lots, the Selectboard
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      ESSEX SELECTBOARD                                                                MARCH 15, 2004

408   should consider what guidance to give the Planning Commission when the 11th person comes in to
409   develop their lot. With the current conditions, if that 11th person does come in, the Planning
410   Commission could say the road would need to be paved. The solution recommended, since it
411   appeared that more than the 10 houses could be built, was that the Town could require the new
412   residents to contribute money towards maintenance, if they don’t join the association, so they are at
413   least contributing dollars to the Town. The Town could provide the Association with that money
414   for maintenance of the road. That would allow some level of equity with the new lots. If the Town
415   collects the fees, they would direct the money to where the improvements are needed the most, or
416   turn the money over to the Association to have them contract the work.
417
418   Mr. Lutz summarized by stating the real question of the Board is whether they envision taking the
419   road over as a Class 3 highway at some future date, because if they aren’t, it isn’t going to matter
420   what improvements are made to the road. If there is a potential that the Town will take over and
421   maintain the road, then the question becomes what would the road have to look like.
422
423   Mr. Torti asked what the standard would be in order for the Town to take it over. Mr. Lutz replied
424   it would have to be paved, which is a pricey solution for the few houses there. It might be an
425   appropriate solution if there were 20-30 houses there.
426
427   Being a past member of the Planning Commission when the application for the Gray subdivision
428   came through, Mr. Torti remembered the road was to be maintained as a small, narrow country
429   road. It was never intended to be a full town road.
430
431   Ms. Francis asked for clarification on whether the Town was plowing the entire road. Mr. Lutz
432   answered yes; the Town has been plowing the road for several years now.
433
434   Mr. James referred to letter of June 11, 1998 from the Planning Commission to Mr. & Mrs. Gray
435   stating that all the lots created by this subdivision would have a deed restriction placed on them
436   prior to being offered for sale, stating that the access to these lots would be a Class 4 road that the
437   Town did not maintain, and that ownership would provide the responsibility of maintenance. He
438   believed it was never the intent to make this a Class 3 road, which was very clearly stated in the
439   deed restriction.
440
441   Mr. Melanson stated that the standards for the road the residents had to build were not those of a
442   small country lane. He also believed that the scenario of the Town controlling money for the
443   upkeep of the road would become even more confusing as the Association would still responsible
444   for the road.
445
446   Mr. Lutz agreed that it may be difficult, but not having the mechanism would be more burdensome
447   to the Association. The only legal avenue to get money from new lots was to have it delivered to
448   the Town. The Town and Association would have to work cooperatively to make it viable.
449
450   Mr. Gray recalled that when he was looking to buy the property back in the 1992, he was told that
451   down the road, he could petition the Selectboard to take over the road. He believed the Association
452   has acted in good faith and the problem is that the Town did not force the subsequent Sweetser
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      ESSEX SELECTBOARD                                                            MARCH 15, 2004

453   subdivision to form a road association. The residents were not arguing about the deed restriction
454   attached to their property, but with the Sweetser subdivision not being required to pay for
455   maintaining the road, a disparity occurred, which they feel should be corrected.
456
457   Walid Hatoum of 263 West Sleepy Hollow Road said he believed that the 10 house limit had been
458   exceeded. Mr. Lutz replied that because some houses were built on pre-existing lots they could not
459   be counted in the 10, so the next house would be the 11th. Mr. Hatoum wondered how the Town
460   would manage the money paid by the buyers of the new lots. Mr. Lutz stated if it was not part of
461   the Lee Gray subdivision, the Town would create a dollar amount for the buyers to pay, and the
462   Town would turn the check over to the Road Association annually.
463
464   Mr. James concluded that the Board would not come to a conclusion without more information on
465   the Sweetser subdivision. They would schedule another meeting and notify the residents as soon as
466   the meeting date is set.
467
468   Bridge Inspections Receipt and Review
469
470   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO SIGN THE
471   2003 BRIDGE INSPECTION REPORT. THE MOTION PASSED 3-0.
472
473   Town Service Officer Reappointment
474
475   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO
476   REAPPOINT JIM MACINTYRE AS THE TOWN SERVICE OFFICER FOR ONE YEAR.
477   THE MOTION PASSED 3-0.
478
479   Scheduled Selectboard Meeting Dates
480
481   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO APPROVE
482   THE PROPOSED MEETING DATES WITH THE SUMMER ADJUSTMENTS. THE
483   MOTION PASSED 3-0.
484
485   Selectboard Minutes of February 23, March 1, 2004
486
487   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO APPROVE
488   THE MINUTES OF FEBRUARY 23, 2004 WITH CORRECTIONS: Line 103: replace ‘draw
489   back’ with ‘drawback’. THE MOTION PASSED 3-0.
490
491   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO APPROVE
492   THE MINUTES OF MARCH 1, 2004 AS PRESENTED. THE MOTION PASSED 3-0.
493
494   CONSENT AGENDA
495
496   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO APPROVE
497   THE CONSENT AGENDA AS PRESENTED.
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      ESSEX SELECTBOARD                                                   MARCH 15, 2004

498
499   Check Warrant Reports February 19, 25, March 4 and 10, 2004
500   Environmental Board Findings of Fact – Pinewood Manor and BLMW
501   Stormwater Discharge Permit – CCCH
502   Between a Rock and a Hard Place Publication
503   Copy of Article from Homegrown Economy
504   Copy of Article from New Urban News
505   Information regarding Public Forum on Harassment and Bullying
506   Information on Resource Directory
507   Spring and Summer 2004 Work List
508   Copy of Press Release for VT Business Magazine
509
510   Minutes
511   CCTA – January 28, 2004
512   Conservation Committee – February 10, 2004
513   Economic Development Commission – February 19, 2004
514
515   Agendas
516   Planning Commission – March 25, 2004
517   Zoning Board of Adjustment – April 1, 2004
518
519   Letters
520   To Tom James from Village of Essex Junction regarding Town Plan
521   To Tom James from Village of Essex Junction regarding Town Offices
522   To Tom James from Alliance for Climate Action regarding Energy Efficiency
523   To Tom James from Efficiency Vermont regarding Town Offices
524
525   Memos
526   From Water Quality Division regarding Watershed Meeting
527   From VT Environmental Court regarding Filing Fees
528   From IBM regarding Recent Activities
529   THE MOTION PASSED 3-0.
530
531   EXECUTIVE SESSION
532
533   AT 10:03 P.M., THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION
534   TO ENTER EXECUTIVE SESSION TO DISCUSS PERSONNEL, CONTRACTS AND
535   POTENTIAL LITIGATION TO INCLUDE THE SELECTBOARD, TOWN MANAGER,
536   DEPUTY TOWN MANAGER AND TOWN ATTORNEY. THE PREMATURE PUBLIC
537   KNOWLEDGE OF THE ISSUES TO BE DISCUSSED IN THE EXECUTIVE SESSION
538   WOULD PLACE THE MUNICIPALITY AT A SUBSTANTIAL DISADVANTAGE. THE
539   MOTION PASSED 3-0.
540
541   AT 10:52 P.M., THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION
542   TO EXIT EXECUTIVE SESSION. THE MOTION PASSED 3-0.
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      ESSEX SELECTBOARD                                       MARCH 15, 2004

543
544   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO
545   AUTHORIZE THE ESSEX FIRE DEPARTMENT TO APPLY FOR A 2004 ASSISTANCE
546   TO FIREFIGHTERS GRANT PER A MEMO DATED MARCH 12, 2004 FROM HOWARD
547   RICE TO PAT SCHEIDEL. THE MOTION PASSED 3-0.
548
549   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO
550   AUTHORIZE THE POLICE DEPARTMENT TO APPLY FOR AND SUBSEQUENTLY
551   EXPEND FUNDS FROM THE COMMUNITY'S DESIGNATED PORTION OF $10,494,000
552   IN FEDERAL FUNDS ALLOCATED BY THE DEPARTMENT OF PUBLIC SAFETY,
553   HOMELAND SECURITY UNIT IN FISCAL 2004 PER A MEMO DATED MARCH 11, 2003
554   FROM DAVID DEMAG TO PAT SCHEIDEL. THE MOTION PASSED 3-0.
555
556   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION THAT THE
557   SELECTBOARD APPROVE OF AN AGREEMENT TO LEASE AS THE CONCEPTUAL
558   AGREEMENT FOR A PARCEL OF LAND FOR THE PURPOSES OF A MUNICIPAL
559   OFFICE BUILDING AND TO AUTHORIZE THE TOWN MANAGER AND TOWN
560   ATTORNEY TO CONDUCT NEGOTIATIONS WITH THE POTENTIAL LESSOR OF
561   THE PROPERTY AND TO EXECUTE THE LEASE UPON THE SUCCESSFUL
562   CONCLUSION OF THESE NEGOTIATIONS. THE MOTION PASSED 3-0.
563
564   LINDA MYERS MOVED AND THOMAS TORTI SECONDED A MOTION THAT TOM
565   JAMES AS THE CHAIR OF THE SELECTBOARD, RESPOND IN WRITING TO DENY A
566   REQUEST BY JOHN ALEONG FOR A TAX STABILIZATION AGREEMENT FOR 10
567   AND 12 RAILROAD AVENUE. THIS PROPERTY IS PROPOSED TO BE RENOVATED
568   FOR A RESTAURANT. THE MOTION PASSED 3-0.
569
570   AT 11:01 P.M., THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION
571   TO ADJOURN THE MEETING. THE MOTION PASSED 3-0.
572
573
574
575
576   Respectfully submitted,
577   June M. Campbell
578
579   June M. Campbell
580   Recording Secretary
581
582   Approved this _______________ day of _________, 2004.
583
584   (See minutes of this date for corrections, if any).
585
586   _______________________________
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      ESSEX SELECTBOARD                                    MARCH 15, 2004

587   Thomas W. Torti, Clerk, Selectboard
588
589   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)




      Draft                                 14
 1                                           TOWN OF ESSEX
 2                                            SELECTBOARD
 3                                              MINUTES
 4                                              May 3, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Jeffrey B. Carr, Thomas Torti, Alan Nye and Linda Myers.
 7
 8   OTHERS PRESENT: Patrick Scheidel, Town Manager; Dawn Francis, Deputy Town Manager,
 9   Jerry Firkey, Zoning Administrator, Jeffrey Hardy, Kenneth Lemire, Karen Lemire, Al Senecal, Sal
10   Chiarelli, George Tyler, Victoria Welch, and Ernest Christianson.
11
12   Mr. James called the meeting to order at 7:30 p.m.
13
14   PLEDGE OF ALLEGIANCE
15   Mr. James invited those present to join him in reciting the “Pledge of Allegiance.”
16
17   PUBLIC TO BE HEARD
18
19   Mr. James stated that during the Village Annual Meeting on April 13, 2004, Mr. Alex McEwing
20   stated he had submitted a response to the Town’s solicitation for the new Town building. Mr.
21   McEwing indicated he had turned in the proposal on time and stated he never received a response
22   from the Town. Mr. James verified that Mr. McEwing did submit an offer on time, however the
23   Board received a letter of authorization from Mr. McEwing dated 10/27/03, which said “Please be
24   advised that I have hired Dave Kelley of High Point Realty to represent me in the possible
25   development of my property.” From that point on, the Board sent letters to Mr. Kelley, as he was
26   the appointed representative. The communications included the following: November 13, 2003, the
27   Board sent a letter to Dave Kelley confirming the receipt of the proposal; January 13, 2004, the
28   Board sent another letter thanking him for the patience in awaiting for a response, and indicated
29   where the Board was in the process; and on April 7, 2004 a third letter was sent stating again where
30   the Board was in the process.
31
32   JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO AMEND THE
33   AGENDA TO MOVE THE HEARING OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM
34   ORDINANCE AMENDMENTS TO 8:05 P.M. THE REASON FOR AMENDING THE
35   AGENDA IS THAT IT WAS WARNED FOR 7:35 AND 8:05 P.M.
36   THE MOTION PASSED 5-0.
37
38   BUSINESS
39
40   Conservation Committee Interview – Salvatore Chiarelli
41
42   Mr. James asked Mr. Chiarelli his reason for wanting to serve on the Conservation Committee. Mr.
43   Chiarelli stated he lived in the Town of Essex for five years and wanted to do his share in public
44   service. His family enjoys living in Essex and he wants to assist in any way he can with
45   conservation, land use, trails, etc. He believed he could add value to the Committee and to the
46   Town.
47
     ESSEX SELECTBOARD                                                                   May 3, 2004

48   Mr. James asked if Mr.Chiarelli was aware of the time commitment. Mr. Chiarelli understood the
49   meetings were held once a month with some work outside Committee time.
50
51   Mr. James explained that the Board would be discussing the appointment later in executive session
52   with a vote to follow in general session.
53
54   CSWD Appointments
55
56   Mr. Scheidel explained that Alan Nye was the current Board member and Lynn Whalen was the
57   current alternate. Mr. James asked if Mr. Scheidel had heard from Lynn Whalen regarding her
58   desire to continue as the alternate. Mr. Scheidel stated he had not.
59
60   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO RE-
61   APPOINT ALAN NYE AS THE BOARD REPRESENTATIVE TO THE SOLID WASTE
62   BOARD OF COMMISSIONERS AND TO RE-APPOINT LYNN WHALEN AS THE
63   BOARD ALTERNATE PROVIDING THAT SHE WANTS TO CONTINUE AS BOARD
64   ALTERNATE. IF SHE DOES NOT, STAFF WILL COME BACK TO THE BOARD TO
65   FILL THE POSITION OF ALTERNATE. THE MOTION PASSED 4-1 WITH ALAN NYE
66   ABSTAINING.
67
68   West Sleepy Hollow Road “Answers”
69
70   Mr. Scheidel explained that the last time the Board dealt with this issue, staff was asked to provide
71   additional information. In answer to that request, Dennis Lutz put together a package with a cover
72   memo dated March 19, 2004, to respond to the questions that were raised by the citizens and the
73   Board along with recommendations. A letter dated April 28, 2004, was mailed to West Sleepy
74   Hollow Road residents stating the Town’s opinion. Mr. James stated the only action needed on this
75   agenda item was to accept Dennis Lutz’s report.
76
77   Minutes of April 19, 2004
78
79   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO ACCEPT
80   THE MINUTES OF APRIL 19, 2004 WITH CORRECTIONS: Line 58: insert ‘regional’
81   before ‘economic’. Line 59: insert ‘funded by a Community Development Block Grant’ after
82   ‘strategy’. Delete: ‘for the Town of Essex’. THE MOTION PASSED 5-0.
83
84   CONSENT AGENDA
85
86   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
87   ACCEPT THE CONSENT AGENDA WITH SELECTBOARD MEMBER COMMENTS AS
88   INDICATED.
89
90   Check Warrant Report, 4/16/04 & 4/22/04
91   Letter to Editor
92   Town Office & Police Department Building Proposal Questions & Answers
     Draft                                             2
      ESSEX SELECTBOARD                                                                    May 3, 2004

 93   Tim Davis, Request for Bus Service
 94   Mr. Torti explained that CCTA bus service for the Town will be discussed at the May 17, 2004
 95   Selectboard meeting. He suggested that staff notify interested citizens of the upcoming meeting.
 96   Vermont Local Road News
 97   Act 250 Notice of Pre-hearing Conference regarding W. & M. Kalanges
 98   GBIC Annual Meeting, June 15, 2004
 99   Essex CHIPS 14th Annual Community Forum, May 11, 2004
100
101   Agenda
102   CCMPO Regular Meeting, April 21, 2004
103   CCRPC Regular Meeting Agenda, April 26, 2004
104   CCTA Board of Commissioners, April 28, 2004
105
106   Minutes
107   CCMPO Regular Meeting, March 17, 2004
108   CCTA Board Meeting, March 24, 2004
109   CCRPC Regular Meeting, March 22, 2004
110
111   Memos
112   Hans Mertens Visit
113   Estate of George B. Cavanaugh
114   Mr. Nye asked if the money from the estate would stay in escrow for 15 years or would it be
115   forwarded to the school. Mr. Scheidel explained the money would stay in an interest bearing
116   account for 17 years. If no heir lays claim to it during that time, the money will be turned over to
117   the school district. Basically, the Town has maintenance of the money for the 17 years.
118   Butlers Corners Reconstruction Project
119
120   Letters
121   From: P. McDonald to T. James & P. Scheidel regarding: FTA Funds
122   From: W. Goggins to local businesses regarding Tobacco Purchase Compliance Survey
123   From: W. Goggins to local businesses regarding Alcohol Purchase Compliance Survey
124   Mr. James stated he was happy to see Central Beverage and Five Corners Beverage being on the list
125   of those that passed the survey.
126
127   Mr. Nye asked if action had been taken on the draft liquor law violation investigation document that
128   was presented to the Board. Mr. Carr stated the Chief of Police was notified of the Board’s
129   concerns and the policy would come back to the Board for review.
130
131   Mr. Carr asked if Mr. Scheidel notified the MPO of Mr. James being appointed as Second
132   Alternate. Mr. Scheidel stated he had not notified the MPO because he had not received an official
133   resignation from the current second alternate. Mr. Scheidel recommended that this item be
134   discussed in executive session.
135
136   THE MOTION PASSED 5-0.
137
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      ESSEX SELECTBOARD                                                                    May 3, 2004

138   At 7:50 p.m. the Board agreed to take a 15-minute recess to allow time for citizens to arrive for the
139   Public Hearing on Individual Sewage Disposal System Ordinance Amendments warned for both
140   7:35 and 8:05 p.m.
141
142   At 8:05 the Board reconvened.
143
144
145
146
147   PUBLIC HEARING
148   Individual Sewage Disposal System Ordinance Amendments
149
150   Al Senecal, of 11 Driftwood Lane, Burlington stated he would encourage the Board to pass the
151   amendments, as they would allow him to move to the Town sooner than the year 2007.
152
153   Kenneth Lemire, of 3 Herrick Ave., Milton stated he also wanted to move into the Town of Essex
154   and didn’t want to wait until 2007 to do so.
155
156   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO CLOSE
157   THE PUBLIC HEARING. THE MOTION PASSED 5-0.
158
159   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
160   ADOPT THE AMENDMENTS TO THE TOWN OF ESSEX ORDINANCE CHAPTER 10.04
161   – INDIVIDUAL SEWAGE DISPOSAL SYSTEMS.
162
163   Mr. Nye stated that he would vote against the amendments. As a previous regional engineer for the
164   Agency of Environmental Conservation, at a time when mound systems were the newest
165   technology, he experienced instances where the mound systems broke down. New owners who had
166   bought houses with mound systems often were not notified of the problems of maintaining the
167   system and were not aware of the cost of replacing a system that failed. These systems were often
168   built on marginal soils, which were prone to failure. In one instance, the new owners found the
169   septic had to be replaced after they spent all the money they could put together to buy the house.
170   Mr. Nye believes there are places in the State with marginal soils and shallow bedrock that are not
171   meant to have houses on them. He doesn’t see a benefit at this point in time for the Town of Essex
172   to relax its standards.
173
174   Mr. Carr asked if Mr. Nye was concerned about the technology not being adequate. Mr. Nye stated
175   his concern was with the requirements that were tied to the technology and the resulting failure of
176   systems when the guidelines of quantities of flow, and maintenance required are not followed.
177   Also, many of these systems would not be in areas that are readily visible.
178
179   Mr. James reminded the Board that this new sewer technology would become a State mandate in
180   June 2007.
181
182   THE MOTION PASSED 4-1. (Alan Nye opposed).
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      ESSEX SELECTBOARD                                         May 3, 2004

183
184
185   EXECUTIVE SESSION
186
187   AT 8:12 P. M. JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A
188   MOTION TO ENTER EXECUTIVE SESSION TO DISCUSS PERSONNEL AND
189   CONTRACTS TO INCLUDE THE SELECTBOARD, TOWN MANAGER, DEPUTY
190   TOWN MANAGER AND ROBERT MILLER. THE PREMATURE PUBLIC
191   KNOWLEDGE OF THE ISSUES TO BE DISCUSSED IN THE EXECUTIVE SESSION
192   WOULD PLACE THE MUNICIPALITY AT A SUBSTANTIAL DISADVANTAGE. THE
193   MOTION PASSED 5-0.
194
195   AT 8:50 P.M. ROBERT MILLER LEFT THE EXECUTIVE SESSION.
196
197   AT 9:36 P.M. DAWN FRANCIS LEFT THE EXECUTIVE SESSION
198
199   AT 9:55 P.M. THOMAS TORTI MOVED AND ALAN NYE SECONDED A MOTION TO
200   EXIT EXECUTIVE SESSION. THE MOTION PASSED 5-0.
201
202   THOMAS TORTI MOVED AND ALAN NYE SECONDED A MOTION TO APPOINT
203   SALVATORE CHIARELLI TO A 3-YEAR TERM ON THE CONSERVATION
204   COMMITTEE. THE MOTION PASSED 5-0.
205
206   THOMAS TORTI MOVED AND ALAN NYE SECONDED A MOTION TO CLARIFY AN
207   EARLIER ACTION BY THE SELECTBOARD AT THE APRIL 17, 2004 MEETING AND
208   THAT IS TO APPOINT TOM JAMES AS THE THIRD ALTERNATE TO THE CCMPO
209   FOR A TWO-YEAR TERM. THE MOTION PASSED 5-0.
210
211   AT 9:57 P.M. THOMAS TORTI MOVED AND ALAN NYE SECONDED A MOTION TO
212   ADJOURN THE MEETING. THE MOTION PASSED 5-0.
213
214
215
216
217   Respectfully submitted,
218   June M. Campbell
219
220   June M. Campbell
221   Recording Secretary
222
223   Approved this _______________ day of _________, 2004.
224
225   (See minutes of this date for corrections, if any).
226
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      ESSEX SELECTBOARD                                        May 3, 2004

227   _______________________________
228   Thomas W. Torti, Clerk, Selectboard
229
230   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)




      Draft                                 6
 1                                           TOWN OF ESSEX
 2                                            SELECTBOARD
 3                                               MINUTES
 4                                              May 17, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Jeffrey B. Carr, Thomas Torti, Alan Nye and Linda Myers.
 7
 8   OTHERS PRESENT: Patrick Scheidel, Town Manager; Dawn Francis, Deputy Town Manager;
 9   Dennis Lutz, Town Engineer/Public Works; Mark Berry, Parks and Recreation Director; Herbert
10   Durfee, Community Development Director; Ken Petrie, Victoria Welch, Clinton Russell, Chris
11   Cole, Barbara Mudgett-Russell, Roger Villemaire, Jan Villemaire, Tom Moreau, James Ticehurst,
12   Dave Rogerson, Al Senecal, Allison Weinhagen, David Ewell, Priscilla Kimberly, Mark Lords,
13   Karen Baron and Stephen Unsworth.
14
15   EXECUTIVE SESSION
16
17   AT 7:00 P.M. THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A
18   MOTION TO ENTER INTO EXECUTIVFE SESSION TO INCLUDE THE
19   SELECTBOARD AND THE TOWN MANAGER TO DISCUSS CONTRACTS. THE
20   PREMATURE PUBLIC KNOWLEDGE OF THE ISSUES TO BE DISCUSSED IN THE
21   EXECUTIVE SESSION WOULD PLACE THE MUNICIPALITY AT A SUBSTANTIAL
22   DISADVANTAGE. THE MOTION PASSED 5-0.
23
24   AT 7:26 P.M. THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A
25   MOTION TO EXIT EXECUTIVE SESSION. THE MOTION PASSED 5-0.
26
27   The Selectboard authorized Thomas James as Selectboard Chair to issue a press release announcing
28   Scott and Partners Architects as the firm who will prepare preliminary plans and construction cost
29   estimates for the new municipal building.
30
31   Mr. James called the meeting to order at 7:30 p.m.
32
33   PLEDGE OF ALLEGIANCE
34   Mr. James invited those present to join him in reciting the “Pledge of Allegiance.”
35
36   PUBLIC TO BE HEARD
37
38   Clint Russell, a member of the Essex Community Historical Society inquired as to who owned the
39   building that the Historical Society occupies. Mr. Scheidel answered that the Town owns the
40   building. Mr. Russell asked why the Historical Society had to pay for maintenance and repairs on
41   the building if they were tenants of the building. The Society spends most of the money it receives
42   from the Town on repairs which reduces the amount available to maintain their collection. Mr. Nye
43   explained that the budget was handled the same as other departments in the Town. For instance,
44   Public Works, which is in the old library, receives money each year for the maintenance and
45   operation of that facility. The Fire Department also maintains its building with budget money
46   received. Mr. Nye explained that during the next budget session, which begins in January, the
47   Board could consider two line items, one for maintenance of the collection and the other for repairs
     ESSEX SELECTBOARD                                                                   May 17, 2004

48   on the building. Mr. James stated the Board would look at the issue in January. Meanwhile the
49   Society should stay in touch with staff and if there is a major issue they would like funds for, they
50   should make a request.
51
52   Mr. Russell then went onto another issue he wanted to bring to the Board’s attention. The bikeway
53   on Old Colchester Road, which is less than a year old, is already in disrepair. There is a big crack
54   on the upper end, about 35 to 40 feet long. Mr. Russell distributed pictures showing the crack. Mr.
55   James stated that the Agency of Transportation has already been notified.
56
57   Mr. Nye reported that the Board had selected a design firm to move forward with the preliminary
58   plans for the Town Office Building. There were five firms that submitted drawings.
59
60   MR. NYE MOVED AND THOMAS TORTI SECONDED A MOTION TO APPROVE THE
61   TOWN MANAGER TO ENTER INTO A CONTRACT WITH SCOTT AND PARTNERS
62   ARCHITECTS OF ESSEX JUNCTION FOR THE CONCEPTUAL DESIGN PLANS AND
63   CONSTRUCTION COST ESTIMATES FOR A NEW TOWN OFFICE BUILDING TO BE
64   LOCATED OFF THE INTERSECTION OF ESSEX WAY AND THE
65   CIRCUMFERENTIAL HIGHWAY. THE MOTION PASSED 5-0.
66
67   BUSINESS
68
69   CSWD FYE ‘05 Budget – Tom Moreau
70
71   Tom Moreau explained that he was there to ask for the Board’s support for the FY ‘05 Operating
72   and Capital Budget for CSWD. The operating budget went down 2.7% in expenditures and the
73   revenues went up 1.4 %. The capital budget has increased from $6 million last year to $9.8 million
74   primarily for the purchase of a regional landfill site. There were a number of reasons why the
75   operating budget went down this year. One reason was that CSWD anticipated giving money back
76   to the communities that originally paid to help get CSWD started. Unfortunately the estimate was
77   higher than anticipated so they won’t be giving back the money this year.
78
79   Mr. Carr asked why there was a general fund ending balance of minus $5 million. Mr. Moreau
80   stated CSWD anticipates that after the Board goes through with developing the regional landfill
81   they will have to go out to borrow the money. However, the fund balance will show up a year after
82   they purchase that particular parcel.
83
84   Mr. Nye inquired how the operations were going. Mr. Moreau stated the Materials Recycling
85   Facility (M.R.F.) is where the majority of recycling is done for Chittenden County. They just put
86   $2 million into the facility this last year, with $1 ¼ million in equipment and the rest in building.
87   The equipment, a single-stream or all-in-one recycling is going very well. They’ve increased the
88   amount of tonnage going through the facility by 27% since last July, but Mr. Moreau believes some
89   of that increase is from other counties using the facility for recycling. Since they’ve gone to single
90   stream, they’ve produced 650 loads, three of which had a downgrade since they were learning to
91   run the equipment. The single-stream is going on its fourth year without requiring a rate increase.
92   Mr. Moreau also mentioned how China was creating a market for recycling which is benefiting
     Draft                                              2
      ESSEX SELECTBOARD                                                                  May 17, 2004

 93   recycling facilities.
 94
 95   Mr. Moreau also stated that health insurance has risen and employees now pay 2% of their gross
 96   salary towards health benefits.
 97
 98   Mr. Carr commented that he continues to be impressed by CSWD’s management.
 99
100   Mr. James asked what the length of life was for the single-stream sorting equipment since he
101   remembers it being quite expensive. Mr. Moreau stated the cost of the single-stream was $1.1
102   million and they still owe $212,000. As of today, the machine has been in use for 1,732 hours and
103   during that time it has stopped them from processing for only two-hours. They are depreciating the
104   machine over 10-years, but Mr. Moreau is expecting there will still be value after that time. He’s
105   extremely pleased with the machine’s reliability and durability, very pleased with the throughput,
106   but only somewhat pleased with the quality.
107
108   ALAN NYE MOVED AND JEFFREY B. CARR SECONDED A MOTION TO APPROVE
109   THE FISCAL YEAR 2005 BUDGET FOR THE CHITTENDED SOLID WASTE DISTRICT.
110   THE MOTION PASSED 5-0.
111
112   Public Transportation Task Force – Chris Cole
113
114   Mr. Cole, CCMPO Executive Director explained that the MPO and CCTA have formed a Public
115   Transportation Task Force, which includes members from IBM, Vt. Teddy Bear Company and
116   other community representatives. The task is to collaborate to establish a new regional public
117   transportation district to improve the way public transportation service is provided and funded in
118   the region.
119
120   The committee for funding has met several times and looked at a local options tax for possible
121   funding which included property tax, sales tax, rooms and meals tax, vehicle registration tax and
122   gasoline tax.
123
124   Mr. Cole stated that Chittenden County communities have asked what they would get in return for
125   giving up control over their public transportation system. The task force needs to determine if the
126   property tax will be eliminated altogether and if not, at what level should it be decreased to allow
127   for a more regional approach.
128
129   The task force is currently developing a timeline that includes meeting with every Chittenden
130   County municipality, the rotaries, church groups and senior groups during the next two months.
131   From those meetings, the task force plans to put forth a proposal sometime in September or
132   October. From there they will go before CCTA and MPO for approval in hopes to have a
133   legislative component by the end of the next session. The task force realizes that they can’t go to
134   the Legislature with a change without support from all the municipalities in Chittenden County.
135   They also realize that the proposal should have statewide applicability.
136
137   Mr. Carr asked what the parameters were for funding sources. Mr. Cole stated they looked at what
      Draft                                             3
      ESSEX SELECTBOARD                                                                    May 17, 2004

138   money could be collected regionally, what could be collected with the least administrative burden
139   and what they might have a difficult time selling. Many members thought the sales tax was the one
140   tax that was based on someone’s ability to pay.
141
142   Mr. Carr questioned if the task force took into account the other sources that municipalities might
143   be asked to fund in the next few years, for instance the Technical Academy. Mr. Cole responded
144   that the task force was very aware of the possible future funding needed. He also stated that CCTA
145   has substantially reduced the administrative overhead by combining transit systems proving that
146   consolidation saves money. The task force will be asking the each communities governing board
147   what percentage of the local funds budget should be used to help give the regional transit district a
148   regional flavor. Right now they are a local authority with a high amount of property taxes
149   supporting the budget, but at what point does that diminish in percentage where they can begin
150   developing a system that’s regional in nature.
151
152   Jericho Road Walkway Project – Dennis Lutz
153
154   Mr. Lutz requested that the Board authorize the Public Works Department to move the Jericho
155   Road Walkway Project towards construction by using some of the Capital Funds previously
156   committed to VT 15 sidewalk/path project to the Jericho Road walkway which was to be funded by
157   a grant which the Town did not receive. He also recommended that additional state and federal
158   dollars for funding the project be requested and that a request to amend the TIP be submitted. Mr.
159   Lutz’s concern is the escalation in the cost of this project. At the end of the scoping phase, the total
160   project cost for all work was estimated at $233,000 and now it’s $511,000. One reason for the
161   increase was due to additional land easements being necessary for the bike lane and extra width of
162   sidewalk. Another reason for the increase was the higher cost in State review and stormwater
163   permit reviews.
164
165   Mr. Torti asked if the driving factor was the Federal Regulation or the State’s interpretation of the
166   Federal Regulation. Mr. Lutz answered that it was the Federal Regulation. Bike path grants have
167   to go through the state, but in order for the State to use the matching 80% of Federal Funds, they
168   have to prove that the federal standards are being met.
169
170   Mr. Carr asked if the trails committee was aware that the money originally planned for the VT 15
171   sidewalk/path would now go towards the Jericho Road walkway. Priscilla Kimberly, a member of
172   the trails committee answered that they were not aware of the change.
173
174   Mr. Lutz recommended that every attempt be made to have funds committed by FHWA before
175   September 30, 2004 due to extreme constraints on state and federals funds during ‘05 through ‘07.
176
177   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO
178   CONTINUE THE JERICHO ROAD WALKWAY CONSTRUCTION AND AUTHORIZE
179   $25,000 IN CAPITAL FUNDS PREVIOUSLY COMMITTED TO THE VT 15
180   SIDEWALK/PATH PROJECT TO THE JERICHO ROAD WALKWAY AND REQUEST
181   THE REQUISITE AMENDED T.I.P. BE SUBMITTED FOR ADDITIONAL FEDERAL
182   FUNDS NEEDED TO COMPLETE THE PROJECT. NOTIFICATION OF THE
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      ESSEX SELECTBOARD                                                                 May 17, 2004

183   DECISION SHALL BE SENT TO THE TRAILS COMMITTEE INDICATING THE
184   BOARD HAD NO OTHER CHOICE BUT TO APPROVE THIS ITEM. THE MOTION
185   PASSSED 5-0.
186
187   Committee Report Recommendation – Susie Wilson Road & Town Center
188
189   Mr. Scheidel began by explaining that approximately six weeks ago, the reports from the Susie
190   Wilson Road Committee and Town Center Committee were presented to the Board. The Board
191   requested that staff evaluate the findings and come back with a fine-tuned document reporting staff
192   reactions. Under the leadership of Dawn Francis and Herb Durfee, several staff members worked on
193   evaluating the findings and Mr. Durfee was there to present them to the Selectboard.
194
195   Mr. Durfee referred the Board to the document they received in their packets titled “Staff Review
196   and Recommendations regarding Town Center and Susie Wilson Road Committee Reports,” dated
197   May 17, 2004, which was created from a combination of sources which included work that went
198   into the Zoning Amendments last fall, and some of the insights made to the committees from
199   business interest, staff interest and committee members themselves.
200
201   After the committees presented the reports, there were a number of community concerns that were
202   raised such as how do we maintain a good quality of life in the area, mitigate the adverse impact
203   and encourage a proper mix of uses without foregoing the economic potential of the area.
204
205   Mr. Durfee listed some outside sources affecting the Town of Essex such as the delay in the
206   Circumferential Highway, employer layoffs, a pent-up housing demand, a number of store closings,
207   local and regional traffic congestion, public transit funding issues, a Regional Technical Academy
208   and regular market forces.
209
210   Referring to the document, Mr. Durfee listed the four possible options available for Selectboard
211   consideration. The first option was a ‘Limited Process Option’, where all work would be done in-
212   house. The general focus of this option was Susie Wilson Road. The ‘General Process Option’
213   would be in-house work with some limited consulting. The ‘In-Depth Process Option’ was longer
214   term and would cost more money. The final option was the ‘Hybrid Option’ that might combine
215   several options.
216
217   Mr. Durfee described the details of each option. The ‘Limited Process Option’ would look at
218   making limited zoning amendments that would not entail dealing with the Town Plan. This was
219   one of the quick fixes as a change could allow multiple-family units or congregate housing in the B-
220   1 zone. This would be done in-house. Other changes to be considered within the Town Center
221   would be those recommendations that the Planning Commission entertained regarding the Dostie
222   property. Mr. Durfee believed the Limited Process Option could be done in a three-month time
223   frame.
224
225   The ‘General Process Option’ would require staff to draft zoning amendments, and existing funds
226   would be used to hire some limited consulting help. Special efforts to include the business
227   community and residents, as well as joint Planning Commission and Selectboard meetings, would
      Draft                                            5
      ESSEX SELECTBOARD                                                                 May 17, 2004

228   be included. Another option could be a computer modeling for Susie Wilson Road similar to what
229   Gary Smith did with the Town Center. The Town Center computer model could also be adjusted.
230   The General Process Option would cost $3,500 to $28,500 depending upon the scope of work
231   chosen. If the Board decides to do the computer modeling, it would cost and additional $20,000 to
232   $25,000. Using this option, staff recommends additional analyses of impacts on infrastructure as
233   budget resources allow.
234
235   Mr. Carr questioned if the 7-12 month time frame on the General Process option included computer
236   modeling. Mr. Durfee answered that it could be done within that time, but it would need to be
237   started right away.
238
239   Mr. Durfee stated that if the Board was considering changing some Zoning Amendments, there
240   were some suggestions in the packet. For instance, in the Town Center, staff had put together
241   possible boundary adjustments to include Eurowest parcels and the Summerville property on Rt. 15.
242   On Susie Wilson Road, staff looked at possible changes in Zoning Amendments to include a Mixed
243   Use District in the B-1 zone.
244
245   The ‘In-Depth Process Option’ would require using funds to hire a professional consultant to do
246   infrastructure capacity, streetscape, building design, zoning language, fiscal impact analysis, and
247   downtown program designation assistance. The ‘In-Depth Option’ would cost $75,000 to $100,000
248   with some cost being funded by other sources, and have a time frame of 1 ½ - 2 years.
249
250   Mr. Carr asked where the line was drawn between the planning grant and the implementation grant.
251    Mr. Durfee replied that a Municipal Planning Grant could fund architectural rendering and
252   engineering /planning analysis. The way the program traditionally works is that the municipality
253   would apply for a planning grant with the idea that they would apply for the implementation grant
254   at a later date of which would benefit low to moderate income families.
255
256   Mr. Durfee explained the ‘Hybrid Option’ being any combination of elements from the other
257   options provided.
258
259   Mr. Durfee listed some of the resources and potential funding available. The Federal Transit
260   Administration already has a planning fund earmarked for the Route 15 corridor analysis for transit-
261   oriented development (T.O.D). The Town has already applied for a Transportation for Livable
262   Communities Grant of $25,000 and notification will be available in June. Two other grants
263   available are the Vermont Community Development Program Planning Grant as well as a Vermont
264   Municipal Planning Grant. Under the Selectboard budget item there are “Professional Services”
265   listed this year and next that could be used. The Intelligent Transportation Systems Study has
266   money available to synchronize the lighting along the Suzie Wilson Corridor. The Town could also
267   look at private business and the development community for help. There is also regional technical
268   assistance available, which would include staff assistance from the CCRPC, CCMPO and
269   LCRCC/GBIC. Technical assistance would also be available from members of the Smart Growth
270   Collaborative, which includes members from several groups that promote smart growth such as the
271   Conservation Law Foundation, Friends of the Earth and Vermont Forum on Sprawl.
272
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      ESSEX SELECTBOARD                                                                    May 17, 2004

273   Mr. Durfee went through part of the report from the Transit-Oriented Development (T.O.D)
274   Principles showing slides of possible streetscapes for Susie Wilson Road. He explained the
275   defining characteristics of a “transit village” being: a clustered and higher density district compared
276   to surrounding area; mixed uses where residential, commercial institutional and civic activities are
277   blended; a pedestrian environment; and lower parking requirements.
278
279   Concluding the presentation, Mr. Durfee stated that there are forces outside the Town’s control that
280   are impacting upon our ability to control our destiny including the recent delay in construction of
281   the Circumferential Highway, regional traffic condition, employer layoffs and other factors.
282   Funding opportunities are available to minimize the cost to the Town for undertaking such an
283   effort. There also needs to be some political will at the Selectboard level.
284
285   Mr. Durfee listed staff’s recommendations: the Selectboard should determine a course of action
286   based upon the information and options provided; the Selectboard and Planning Commission should
287   be involved with any process chosen and hold public forums; and the Selectboard might ask the
288   Vermont Smart Growth Collaborative to critique the two committees’ reports against the
289   community concerns of potential impacts. Staff is supportive of a Mixed Use component regardless
290   of the option the Selectboard chooses.
291
292   Mr. Carr believed there were some actions the Board could take that would be relatively easy. He
293   would like to see the Board move forward with the “Limited Option” and meet with the Planning
294   Commission to go through the questions from the “Town Center & Susie Wilson Road
295   Committees’ recommendations questions to answer”. After that, the Board could consider the
296   intermediate and longer-term options. He would also like to make an effort to have the Village
297   work with the Town on this project.
298
299   Mr. Torti asked what staff’s preferred option would be. Mr. Scheidel stated that staff was a little
300   diverse in there preference. He recommended the hybrid approach, doing the Mixed Use
301   recommendations quickly without undoing the past practices of promoting zoning changes prior to
302   the normal review of the Town Plan and Zoning Regulations. He also recommended a longer-term
303   approach with an economic development feature looking at all three business centers, Town Center,
304   Susie Wilson and the Village. Also, a formal economic analysis could be tied in with the 2006
305   Town Plan review.
306
307   Mr. Lutz stated he would look at the impact of any changes considered. For instance, if the Town
308   makes significant changes to the density in an area, sewer, storm water, water supply, and utilities
309   may not have the capacity to deal with the growth or staff may not have the capacity to evaluate it
310   internally. At that point he would recommend that the Town go to outside consultants. He believes
311   there should be a combined study using both in-house and outside consultants.
312
313   Ms. Francis recommended that the Board look at the in-depth option since it’s been a long time
314   since the community had that level of analysis. The Town Center study was done in the early
315   1990’s and the Susie Wilson Road corridor has never been reviewed. She feels the Susie Wilson
316   Road area is becoming a cultural center with the arts and music in the Fort, and the Town could
317   build around that because of the transit opportunities that are there. But unless there is a vision and
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      ESSEX SELECTBOARD                                                                  May 17, 2004

318   a master plan of what the Town wants that area to become, the Town will not achieve what it wants.
319    She believes the in-depth option would be worth the investment.
320
321   Mr. Nye agreed wit that there were easy solutions to some issues that could be dealt with, but his
322   real concern was that if space is converted today to be more residential, the potential for the
323   commercial/ industrial development would be lost. He agrees that a work session needs to be
324   planned and before the Selectboard moves to quickly, they need to take a long-term look at what
325   they envision and be patient with the amount of time it takes. It’s important that a community
326   continue to grow and allow opportunity for that to happen in the future.
327
328   Ms. Myers stated she was very much in favor of the in-depth project because she wants to have the
329   Board take a good-long look at the future of the community. There are two items she believes
330   could be taken care of easily, but as a whole, she’s not in favor of fast moves. She would like to see
331   the Board have a good vision of what they want the community to look like in the long-term. This
332   could be considered a hybrid option.
333
334   Mr. Torti agreed there were some proposed changes to Susie Wilson Road that he would like to see
335   happen. Once those are done, the Board should take a long look at Susie Wilson Road because
336   there is a lot of vitality beginning to happen in the area. The Town Center is another gem that
337   needs patience because once it’s developed that’s it. He recommended that the Selectboard move
338   forward with more deliberations on changes to Susie Wilson Road and the Town Center.
339
340   Ms. Myers stated that Susie Wilson Road is an area that is there already and the Town has some
341   vision of what they want to see in that area. She is more concerned with the Town Center and it
342   being something we need to nurture and take care of so that in years to come people will say that
343   the Town did a good job in developing it.
344
345   Mr. James summarized what he thought was the Board’s consensus. The Board agreed on doing
346   some items that could be addressed now under the limited process option. These items concern
347   Susie Wilson Road more than the Town Center. Also, begin to initiate work with the Planning
348   Commission on the general process items to include reviewing what we exists now and the possible
349   changes. The in-depth option would take the thoughts and ideas of implementation and connect
350   them to the 2006 Town Plan. Mr. James asked if he was correct in his take on the consensus of the
351   Board.
352
353   Ms. Myers restated she would like to have a good work session with the Planning Commission to
354   hear their ideas.
355
356   Mr. Carr stated that what he felt were easy issues may not be considered easy for all Board
357   members. He would like the Board to consider a hierarchy of items. There were many issues listed
358   in the 15 questions that came from the review of the Town Center & Susie Wilson Road
359   Committees reports. Mr. Carr stated that for him, anything that would not need a Town Plan vote
360   would be an easy issue. He would like to take the fifteen questions and decide which ones can be
361   done without a Town Plan vote and would not require expanding infrastructure.
362
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      ESSEX SELECTBOARD                                                                   May 17, 2004

363   Mr. Torti wanted to look at Susie Wilson Road first and give the Town Center a little more
364   consideration. He believed that Susie Wilson Road had a more immediate need because of the
365   possible transit facility in the area, the Technical Center, the lack of the Circumferential Highway
366   being completed, the increased traffic congestion and the Route 15 Corridor work that’s being
367   done.
368
369   Mr. Lutz felt there were some small tweaks that could be done, but others need more consideration
370   because they may require an expanded infrastructure. The challenge would be to find what changes
371   could be made without affecting other areas. If the vision was to have tall buildings and very high
372   density, then provisions for studies need to be made now so that 10 years down the road the vision
373   can come to fruition. Otherwise only incremental changes will be made without a planning process.
374
375
376   Ms. Lawrence stated there was an economy of scale in looking at both areas at the same time. Mr.
377   Nye felt that looking at both areas would force the issue on the Town Center area, which the Board
378   wanted to give lengthy consideration to.
379
380   ALAN NYE MOVED AND THOMAS TORTI SECONDED A MOTION TO CONTINUE
381   THE DISCUSSION ON THE COMMITTEE REPORTS AFTER HEARING THE CCRPC
382   UPDATE. THE MOTION PASSED 5-0.
383
384   CCRPC UPDATE – Mark Lords
385
386   Mark Lords, Chair of the Chittenden County Regional Planning Commission stated the
387   Commission was beginning the process of updating the regional plan. He admitted that five years
388   ago when the Commission did the last regional plan, there were many issues that misfired. Since
389   then, the Commission has received some good public input from each town and will learn from the
390   lessons of the last plan.
391
392   The Commission has also received a grant of $500,000 from Homeland Security and over the next
393   ten months they will spend that money to work with all member town’s fire, police and emergency
394   departments to try to improve communication and services. They will also do some training and
395   actual drills with those agencies to improve how they might work together from town to town in a
396   large emergency. The Commission would like to seek input from Essex Police, Fire and Rescue
397   departments and invites them to be a part of that process and work on committees, especially since
398   Essex is highly skilled in those areas.
399
400   Mr. Lords talked about the Circumferential Highway delay and what would happen with the money
401   that was marked for the project. The largest issue for the CCRPC is the possibility that part of the
402   money may go out of the County and to other parts of the state. Normally the MPO is the deciding
403   factor in how those types of monies are used and so far they have not had a say.
404
405   Mr. Lords stated the CCRPC has had some involvement with the new arena study committee. The
406   proposed location for the arena is on the UVM campus next to the Sheridan, and they are looking
407   its feasibility. The Fairgrounds was one of the locations suggested, but right now the committee is
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      ESSEX SELECTBOARD                                                                   May 17, 2004

408   not looking at a location, but looking at what it would be like if it were at the UVM location.
409
410   The Commission was also looking at grant money received for the Byways Project. Because of
411   there designation as a multi-modal center, Essex Town and Village are considered part of the
412   Byways Project. The Commission will be looking at signage and other improvements for those
413   areas.
414
415   Mr. James asked why the CCRPC was concerned with the money for the Circ. Highway going out
416   of the County. Mr. Lords replied that the MPO had not been part of the decision for how to
417   distribute the money and normally the MPO decides where the transportation dollars would be
418   spent. If that process is ignored, why have the MPO.
419
420   Mr. Torti asked if there was a timeline on the arena and conference center. Mr. Lords didn’t
421   believe they had an official timeline. He stated they hoped to have an idea by the end of the year
422   whether the UVM site was viable. If the UVM site were found not viable, that particular committee
423   looking at the site would cease to exist. He couldn’t say if another site would be considered after
424   that.
425
426   Committee Report Recommendation – Susie Wilson Road & Town Center (Continued)
427
428   Mr. James recommended that the Board try to develop a foundation from which to work so that
429   they could go further. Mr. Carr stated that he didn’t want to ignore the Town Center since they
430   were only collecting information to have an information base so the Board could move and make a
431   logical decision.
432
433   Mr. Torti didn’t want to give people a false hope that the Board would be focusing on the Town
434   Center area. What he was implying in his prior comment of looking at Susie Wilson Road was that
435   the Board could focus on Susie Wilson Road first and then look at the Town Center. Mr. Carr
436   responded that he didn’t want to overlook opportunities in the Town Center and he would support
437   looking at the Town Center as well.
438
439   THOMAS JAMES MOVED AND THOMAS TORTI SECONDED A MOTION TO SET A
440   JOINT WORKSHOP WITH THE PLANNING COMMISSION TO REVIEW THE WORK
441   DONE BY THE STAFF TITLED “LIMITED PROCESS OPTION” AND ANSWER
442   QUESTIONS 1 THROUGH 7 AND NUMBER 12 FROM “THE TOWN CENTER & SUSIE
443   WILSON ROAD COMMITTEES’ RECOMMENDATIONS QUESTION TO ANSWER.”
444   THE MOTION PASSED 5-0.
445
446   Referring to the Planning Commission’s schedule for a joint workshop with the Selectboard, Mr.
447   Durfee stated that the Planning Commissions schedule for June was pretty open. Staff would work
448   on setting up the joint meeting.
449
450   Resolutions
451
452   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO ADOPT
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      ESSEX SELECTBOARD                                                               May 17, 2004

453   A RESOLUTION OF APPRECIATION FOR THE RETIREMENT OF MICHAEL
454   BROOKS OF THE ESSEX POLICE DEPARTMENT AND A RESOLUTION OF
455   APPRECIATION FOR TRACY BROOKS OF THE C.U.S.I.
456
457   Mr. James read the Resolution of Appreciation for Michael Brooks who served as a member of the
458   Police Department staff for twenty-three years and Tracy Brooks who served seven years for CUSI.
459
460
461   THE MOTION PASSED 5-0.
462
463   Minutes of May 3, 2004
464
465   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
466   ACCEPT THE MINUTES OF MAY 3, 2004 WITH CORRECTIONS: Line 8: Insert semi-
467   colon after ‘Deputy Town Manager’. Line 9: Insert semi-colon after ‘Administrator’. Line 19:
468   replace ‘stated’ with ‘reported’. Line 65: replace ‘4-1’ with ‘4-0’. THE MOTION PASSED 5-0.
469
470   CONSENT AGENDA
471
472   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
473   ACCEPT THE CONSENT AGENDA WITH SELECTBOARD MEMBER COMMENTS AS
474   INDICATED.
475
476   Check Warrant Report 4/28 & 5/6/04
477   Resource Directory
478   Ms. Myers pointed out some errors in the Directory that should be changed for the next issue. Page
479   6: under the Town’s advertisement, ‘Welcome to the Town of Essex’ replace ‘vermont’ with
480   ‘Vermont’ and correct the word ‘population’. Page 14: The cut line for ‘Essex Outlets Cinema’
481   says ‘Essex Outlet Cinema’.
482   CWD Annual Report
483   CSWD Annual Report
484
485   Minutes
486   ZBA 4/1/04
487
488   Agendas
489   Public Hearing Notice CCMPO 5/19/04
490   Planning Commission 5/27/04
491   ZBA 6/3/04
492
493   Letters
494   To Charles Safford from Pat Scheidel regarding Land Offers
495   To Dawn Francis from The Wilson Inn regarding Conversion of the Inn
496   To Grand Union from Dept. of Liquor Control regarding Violation

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      ESSEX SELECTBOARD                                                               May 17, 2004

497
498   Memos
499   From David Demag to Manager & Selectboard regarding Dog Bit Incident
500   From David Demag to Manager & Selectboard regarding Liquor License Police Department
501             Procedure
502   Mr. Nye stated that sometime in the future he would like to discuss paragraph number four which
503   refers to the liquor liaison officer. Staff will set up a meeting for the discussion.
504
505   From Dennis Lutz to Manager & Selectboard regarding Strom Water Related Projects at
506         Town Garage
507   Mr. James stated that this would be an agenda item in the future and asked if the Board had any
508   questions. Ms. Myers asked if there was state money available to help towns deal with salt and
509   storm water runoff. Mr. Torti stated there would $120,000 for communities to deal with stormwater
510   issues. Ms. Myers believed there was something specific to salt runoff and she would look into it.
511
512   THE MOTION PASSED 5-0.
513
514   EXECUTIVE SESSION
515
516   AT 10:07 P.M. JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION
517   TO ENTER EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION TO INCLUDE
518   THE TOWN MANAGER AND DEPUTY TOWN MANAGER. THE PREMATURE
519   PUBLIC KNOWLEDGE OF THE ISSUES TO BE DISCUSSED IN THE EXECUTIVE
520   SESSION WOULD PLACE THE MUNICIPALITY AT A SUBSTANTIAL
521   DISADVANTAGE. THE MOTION PASSED 5-0.
522
523   AT 10:38 THOMAS TORTI MOVED AND ALAN NYE SECONDED A MOTION TO EXIT
524   EXECUTIVE SESSION. THE MOTION PASSED 5-0.
525
526   THOMAS TORTI MOVED AND ALAN NYE SECONDED A MOTION TO ADJOURN
527   THE MEETING. THE MOTION PASSED 5-0.
528
529
530   Respectfully submitted,
531   June M. Campbell
532
533   June M. Campbell
534   Recording Secretary
535
536   Approved this _______________ day of _________, 2004.
537
538   (See minutes of this date for corrections, if any).
539
540   _______________________________
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      ESSEX SELECTBOARD                                       May 17, 2004

541   Thomas W. Torti, Clerk, Selectboard
542
543   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)




      Draft                                 13
 1                                           TOWN OF ESSEX
 2                                            SELECTBOARD
 3                                               MINUTES
 4                                              June 7, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Jeffrey B. Carr, Thomas Torti, Alan Nye and Linda Myers.
 7
 8   OTHERS PRESENT: Patrick Scheidel, Town Manager; Dennis Lutz, Town Engineer/Public
 9   Works; Mark Berry, Parks and Recreation Director; Elizabeth Poulin, Tom Young, Craig
10   Abernethy, Betsie White, George Tyler, Owen Jenkins, Jay Austin, Linda Carey, Robert McGowan,
11   Margaret McGowan, and Betsy Orselet.
12
13   Mr. James called the meeting to order at 7:30 p.m.
14
15   PLEDGE OF ALLEGIANCE
16   Mr. James invited those present to join him in reciting the “Pledge of Allegiance.”
17
18   PUBLIC TO BE HEARD
19   No one addressed the Board on issues not on the agenda.
20
21   BUSINESS
22
23   Board and Commission Interviews -
24   Elizabeth Poulin
25   Ms. Poulin introduced herself to the Board. She stated she had been a resident of the Town for 15
26   years and had recently served on the Town Center Committee. She found the work very rewarding
27   and wanted to do more for the Town. She was encouraged by June Carmichael to apply for a term
28   on a Town committee or board. Mr. James asked if she had a preference for a certain committee or
29   board. She stated that because of her background in business development and sales strategies, her
30   interest was in Economic Development Committee. She would leave it up to the Board to decide
31   where she would best serve the Town. Mr. Torti asked if she was aware of the time commitment.
32   Ms. Poulin stated she was aware of the time commitment and it would not be a problem.
33
34   Mr. James explained that the Board would discuss all appointed openings during Executive Session
35   and if she didn’t want to stay, she would be notified the next day of their decision.
36
37   Elizabeth White
38   Ms. White stated she was approached by a Planning Commission Member who had encouraged her
39   to apply for the position since there were no women currently on the Commission. She had always
40   been interested in development and planning in the Town. She recently noticed a vacancy on the
41   Library Board and because she was very fond of the library, she would be willing to serve on that
42   Board also.
43   Mr. Nye asked if Ms. White was aware of the hours involved for the Planning Commission. Ms.
44   White replied she was aware of the commitment and had the time to give.
45
46   Mr. James explained that the Board was always looking for people to serve on positions in the
47   Town and she would be notified of the Boards decision the next day. Ms. White stated that
     ESSEX SELECTBOARD                                                                   June 7, 2004

48   although the Planning Commission and Library Board were her preferences, she would be willing
49   to work in any position where she might be useful.
50
51   Mr. Nye reported that the two individuals that were up for re-appointment on the Planning
52   Commission had expressed an interest in staying on. He felt Ms. White should be aware of this so
53   that if the Board re-appoints them, she understood that it wasn’t because the Board didn’t
54   appreciate her coming forward.
55
56   Recreational Needs Assessment
57
58   Betsy Orselet, of Recreation & Leisure Services Consultants conducted a presentation referring to
59   “Draft #2 of the Recreational Needs Assessment” distributed to the Board in their packets. She
60   stated the Assessment took a thorough look at the Town’s recreational needs. She believed that the
61   Assessment came to the for-front for three reasons: First, the Town has always had an ongoing
62   commitment to long-range planning and recreation. Second, it was time to update the recreation
63   impact fee formula, and to do that the Town needs a current capital recreation plan. Lastly, a large
64   part of the Assessment would be incorporated into the Recreational section of the upcoming Town
65   Plan.
66
67   The desired outcome of the Assessment was to recommend a list of goals that would include goals
68   already outlined in the Town Plan and fully address the recreational needs of the people living in
69   Essex while placing a high priority on adequately maintaining the existing facilities before adding
70   new ones. The goals would also have to be realistic and achievable..
71
72   Ms. Orselet explained the public input involved in obtaining the document. Working closely with
73   Mark Berry and Herb Durfee, the consultants interviewed key members of community and Town
74   staff that had been involved the delivery of recreation. They put together a Recreation Focus Group
75   that had representatives from municipal committees/boards, schools, community organizations, and
76   sports leagues. She listed the people on the Committee being: Marilee Willey, Ned Kirsch, Jim
77   Rose, Kay Halfred, Linda Carey, Jan Riodan, Tom Barnes, Dave Ewell, Tom Torti and Bob
78   McGowan.
79
80   A random survey was done to find out how the general public felt about parks and recreation
81   services in Essex. The survey was conducted in the fall of 2003 and the sample was drawn from the
82   voter registration list. They used a triple mailing procedure where the survey was sent out to 1,000
83   people and 1 ½ weeks later a postcard was sent reminding people to send it back in. Two weeks
84   later a second postcard was mailed to those who hadn’t responded. They received 366 completed
85   surveys, which established a 95% confidence rate.
86
87   Ms. Orselet briefly outlined the Summary of Findings:
88
89       •   Seventy-two percent of all respondent households indicated that the availability of local
90           parks and recreation opportunities is either extremely important (31.6%) or important
91           (39.9%) to them.
92       •   Almost half (45.3%) of all respondents had contacted the Essex Parks and Recreation
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      ESSEX SELECTBOARD                                                                   June 7, 2004

 93          Department offices within the last year. Eighty-nine percent of those that had contacted the
 94          office indicated the service they received was excellent or good.
 95       • Residents in 43% of all respondent households had participated in at least one program or
 96          class offered by the Essex Parks and Recreation Department during the last twelve months
 97          and 86% rated the quality of programs as good or excellent.
 98       • The Essex recreation facility visited by the most respondent’s households in the last year
 99          was Indian Brook Reservoir.
100       • The facilities used most frequently (11 or more times in the last 12 months) were private
101          health clubs facilities (24%) and the Essex Free Library (16%). Close behind were athletic
102          facilities at an Essex school (14%), an Essex bicycle or pedestrian path (12%), a playground
103          at an Essex school (11%), and Foster Road Park (10%). What that means is one in ten
104          households in this community visited Foster Road Park 11 or more times in the last 12
105          months.
106       • Of those who had visited a facility maintained by the Essex Parks and Recreation
107          Department, 82% related the maintenance of the facility as very good or good.
108       • From a list of 25 new recreation facilities to consider supporting with new tax dollars,
109          36.3% said they would support more bicycle and pedestrian paths and 34.4% would support
110          more walking/hiking/X-C ski trails. Consistently, the number one facility supported in
111          other communities and throughout the country are bicycle and pedestrian paths. An indoor
112          swimming pool was the next priority with 27% willing to pay more tax dollars.
113       • Two-thirds of respondents would be willing to pay additional property taxes to increase
114          recreational opportunities in Essex, while one-third would not be willing to pay any more
115          taxes for this.
116       • More than half (55%) of respondents said that Essex should buy more land for recreation as
117          it becomes available.
118       • More than three quarters of respondents said the Essex Parks and Recreation Department is
119          doing a good job for residents.
120   In summarizing the Findings, Ms. Orselet stated the survey clearly suggested that recreation is
121   important to the residents in the Town of Essex.
122
123   Mr. Nye referred to the finding that stated two-thirds of respondents would be willing to pay
124   additional taxes to increase recreational opportunities in Essex, while one-third would not be
125   willing to pay any more for this. He asked if there was another answer to this question. Ms.
126   Orselet replied that out of the residents surveyed, 31% stated they would pay up to $25; 20% would
127   pay up to $50; 4% would pay up to $75; 8.3% would pay up to $100; and 3% said they would spend
128   more than $100.
129
130   Ms. Orselet then listed a few of the recommendations outlined in the report.
131
132   Administration Recommendations:
133
134       •   Purchase the software necessary to accept on-line registrations as soon as possible. She
135           explained that only three people were working very hard in a tight office space, and there
136           was a large amount of walk-in customers. Explaining how the residents felt about on-line

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      ESSEX SELECTBOARD                                                                       June 7, 2004

137           registration, Ms. Orselet pointed out that 63% of those surveyed stated they would be likely
138           to use on-line registration, and out of those, 55% stated they would use credit card
139           payments. Mr. Nye wondered if people who signed up on line would be more likely to
140           withdraw their registration because they didn’t make the same commitment as they would if
141           they went into the office to register. Ms. Orselet stated she hadn’t been involved in a
142           department that did on-line registration so she didn’t have an answer to the question. She
143           stated that most communities were beginning to look at on-line registration, but none were
144           actually using it. Bob Willey from Vermont Systems, an Essex Company, has been doing
145           on-line service throughout the country, and he would be a good resource to contact.
146
147       •   Hire a second full-time employee to work half the year for the Parks and Recreation
148           Department and half the year for the Public Works Department. The issue for the Parks and
149           Recreation Department is that during 1/3 of the season, it is impossible to keep up with the
150           amount of work. They find it difficult to find seasonal park maintenance staff that are
151           available for the entire park season from April through October. Each spring, in addition
152           training new park staff, they are under-staffed for the first two months of the park season.
153           As a result, providing the desirable level of maintenance on the ball fields and cemeteries is
154           problematic.
155           By bringing the two departments together, it would provide a second experienced park
156           maintenance employee for the full park season from one year to the next.
157
158       •   Establish a Recreation Advisory Board as a means of providing systematic feedback from
159           the community. Ms. Orselet felt this was a very worthwhile recommendation. It would
160           allow 5 to 7 people out there advocating for recreation who would meet once a month to
161           look at what’s happening and give feedback. The NRPA accreditation handbook requires
162           that the community have a recreation advisory board.
163
164   Program Recommendation:
165
166       •   A Recreation Program Fund or Enterprise Fund, be established for all recreation program
167           revenues and expenditures handled by the Essex Parks and Recreation Department. The
168           theory behind the recommendation was that it is difficult to know what recreation programs
169           people are going to be interested in, a few years out. You might have 20 people interested
170           in Yoga this year and 120 in another year. With an enterprise fund, you may offer unlimited
171           programs as long as you maintain a balance between the revenues and expenditures.
172
173   Facility Recommendations:
174
175       •   Because of one finding showing that bicycle/pedestrian path projects were the number one
176           priority for facilities and because there has been a lot of work already done in that area, it is
177           recommended that a list of bicycle/pedestrian path projects for completion between 2004-
178           2010 be created with one additional project included with completion beyond 2010. There
179           was a detailed list of proposed projects that were included in the report. The highest
180           priorities were the path from Essex Way to Foster Road, and a separated corridor from the

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      ESSEX SELECTBOARD                                                                       June 7, 2004

181           Parade Grounds to the Five Corners.
182       •   Continue to place a high priority on finding a site for a skate park.
183       •   Convert the wading pool at Sand Hill Park into a spray ground in an effort to maximize the
184           use of existing facilities. More money should be budgeted in order to build this facility to a
185           size that would accommodate the current level of use at the pool.
186       •   Adopt a Capital Equipment Program (CEP) to address its long-term recreation vehicle and
187           equipment needs. The two possible programs ensure the timely replacement of critical
188           equipment and provide a stable and predictable investment level. Neither plan includes
189           replacement of the Town’s two handicapped accessible 15-passenger vans currently used to
190           provide Senior Bus Service although both vans need replacement. It is recommended that
191           the Town borrow the money for these purchases and incorporate the loan repayment amount
192           into the CEP.
193       •   Develop a strategy to educate the residents on the location of all public recreation lands
194           available to them. One approach could be similar to the Winooski Valley Park District
195           signs that list all the public parks and recreation facilities. Another approach could be
196           developing a new brochure identifying and describing the existing network of public trails.
197       •   Study the feasibility of constructing and operating a community recreation center in Essex
198           which could include a senior center, an indoor playground and community pool.
199       •   Continue to actively participate in the public/private collaborative effort to develop the
200           former Tree Farm into a soccer facility of regional significance.
201       •   Conduct a thorough evaluation of all its recreation facilities to ensure compliance with the
202           Americans with Disabilities Act and develop a plan for any modifications needed.
203       •   The 2001 Town Plan calls for the Parks and Recreation Department to create an Essex Tree
204           Board to work with the Town Tree Warden. This plan recommends that this be re-assigned
205           to the Conservation Commission.
206
207   Ms Orselet listed the issues that needed written policies to properly carry them out.
208      • Accepting on-line registrations and going to credit card;
209      • Completing the 10 pedestrian path projects;
210      • The Capital Equipment Program;
211      • The ADA compliance.
212
213   Ms. Orselet reported that it was an absolute pleasure working with all the Town staff on the project,
214   including Mark Berry, Herb Durfee, Todd Law and Shannon Lunderville.
215
216   The next steps should be deciding how to get more feedback from the community and how to move
217   forward from here. When the focus groups reviewed the first draft, they recommended that the
218   report be presented or given to as many formal groups as possible so that people had a chance to
219   review it and make comments. Using the Essex Reporter might be an option.
220
221   Mr. Nye stated that the Town had several private recreational facilities in the area and he wondered
222   if it might be feasible for the Town to have partnerships with those facilities to allow use of their
223   amenities. Ms. Orselet replied that collaborations always make sense, and it is a hot issue in
224   Chittenden County right now. She strongly encouraged that the Town work towards having
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      ESSEX SELECTBOARD                                                                      June 7, 2004

225   partnerships with other facilities. She noted that a public recreation facility serves a different
226   population than a private one and in places where these two entities are co-operating, the public
227   facilities are seen as a feeding ground to the private facility. She felt it was important to continue to
228   have both public and private facilities.
229
230   Mr. Scheidel asked how many recreation departments used credit cards for payment. Ms. Orselet
231   didn’t know of any currently using credit cards although many were looking into it. She would
232   look to get an answer.
233
234   Mr. Scheidel stated he saw the benefits of cross-marketing the trails in the community not only for
235   the residents, but for economic development as well. He asked why trails come up as the number
236   one facility demanded all over the country. Ms. Orselet answered that trails service all ages and all
237   physical abilities. You see people of all ages on bikes, roller-blades, walking or running. You don’t
238   often see ball fields high on the list because they cater to a select group of people. She also felt that
239   recent obesity could have contributed to the demand.
240
241   Ms. Orselet asked the Board if they had ideas on how to get the report to the general public. Mr.
242   James stated it should be shared with any public that would help the Board get more information on
243   how to procede. Mr. Nye recommended that the Trails Committee, Conservation Committee,
244   Planning Commission and recreation staff get copies of the report. Mr. Scheidel offered his office
245   as support since much of the report would be addressed during the budget process. Mr. Torti
246   suggested it be included in the Town Plan and on the Town Web Site.
247
248   Birchwood Manor Land Issues – Owen Jenkins
249
250   Mr. Scheidel stated the issue before the Board was whether they should increase the share of the
251   Town cost from the previously approved $50,000 to $65,000.
252
253   Mr. Lutz explained that when he came to the Board the first time, they approved the design and
254   construction of the sewer line from Linden Lane Pump Station to Rosewood Trail through Town-
255   owned lands with a pro-rated sharing of costs with the Birchwood Land Company for the sewer line
256   extension and the Rosewood trail extension. Mr. Lutz supports the project because it provides the
257   Town with the capability of expanding the sewer system in the future. The pump station was
258   placed strategically to support an expansion. The largest cost is getting the sewer up the hill and at
259   a deeper depth than what was needed for the four initial lots. After Owen Jenkins obtained bid
260   prices, they were reviewed by staff and found representative of “fair-market” cost. The Town share
261   exceeds the approved amount by $15,500.
262
263   Mr. Nye asked if the four lots would be served by the sewer line. Mr. Lutz replied they would. He
264   listed the costs for the total project: Engineering - $10,000, Sewer - $51,000, road
265   work/water/power/sewer - $117,000 for a total of $178,000.
266
267   ALAN NYE MOVED AND LINDA MYERS SECONDED A MOTION TO INCREASE THE
268   TOWN’S SHARE OF THE DEVELOPMENT OF THE ROSEWOOD TRAIL EXTENSION
269   FROM $50,000 TO $65,500. THE MOTION PASSED 4-0.
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      ESSEX SELECTBOARD                                                                    June 7, 2004

270
271   Shelter Roof – M. Berry
272
273   ALAN NYE MOVED AND THOMAS TORTI SECONDED A MOTION TO ALLOW THE
274   TOWN MANAGER TO REPLACE THE ROOF AT SAND HILL PARK SHELTER FOR A
275   PRICE NOT TO EXCEED $4,280. THE MOTION PASSED 4-0.
276
277   Highway Garage Improvements – D. Lutz
278
279   Mr. Lutz reported there were two issues before the Board. The department is trying to utilize the
280   STAG grant money allocated to the Town so that the Town will only have to pick up 45% of the
281   cost. The project would be a slow process and wouldn’t be completed until next summer. The
282   intent was to replace the gas pumping system and place a canopy over it. The second project
283   involved providing spill containment for the existing chloride system. The department initiated this
284   process by designing a pole-barn type structure with a concrete slab and containment wall, however
285   they received no bidders on the project. That gave the department time to reconsider the project.
286   Understanding that the proposed Municipal Building would take future money from the highway
287   garage, they redesigned the project. The salt shed is half salt shed and half cold storage. If they
288   build a half structure next to the salt shed, they could place the calcium chloride tank under cover in
289   that location with concrete walls around it. It would also allow for an additional cold storage space
290   for vehicles. Once the concrete slab and chloride tank are in place, staff can finish by constructing
291   the walls and roof. The Town could use part of the stormwater money, and money left in the
292   Capital Funds set aside to provide office relief to the Public Works Superintendent. If there were a
293   new office building, he and his staff would go into the new building leaving space for the water
294   department, water and sewer staff and Public Works Superintendent.
295
296   Mr. Nye asked if the calcium chloride tank would be double walled. Mr. Lutz explained that the
297   tank would be surrounded by a poured concrete containment wall and would not need to be doubled
298   walled. Mr. Nye questioned the flexibility of a concrete containment wall compared to a double
299   containment wall if it needed to be moved. Mr. Lutz replied that the structure would be placed in a
300   remote spot so it should not need to be moved.
301
302   LINDA MYERS MOVED AND THOMAS TORTI SECONDED A MOTION TO APPROVE
303   THE ADDITION OF A 32 FT X 36 FT SHED ADDITION TO THE NORTH SIDE OF THE
304   TOWN SALT SHED AND THE USE OF $26,300 DESIGNATED IN THE CAPITAL FUND
305   TOWARDS FUNDING THIS STRUCTURE. THE MOTION PASSED 4-0.
306
307   Adesa Impact Junkyard License
308
309   Mr. Scheidel stated the issue before the Board was whether or not to issue a ‘Certificate of
310   Approval for Location of a Junkyard’ at 304 Colchester Road. Automotive Recovery Systems
311   D/B/A: Adesa, had successfully operated the business in Essex for 5 years without problems and
312   had demonstrated a willingness to respond to anything the Town had to say. Jerry Firkey and Mr.
313   Scheidel had visited the site and found Adesa Impact had lived up to the requirements of the Zoning
314   Board. Therefore staff recommends that the Board issue a Certificate of Approval.
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      ESSEX SELECTBOARD                                                                   June 7, 2004

315
316   ALAN NYE MOVED AND LINDA MYERS SECONDED A MOTION TO ISSUE A
317   CERTIFICATE OF APPROVAL FOR LOCATION OF A JUNKYARD TO AUTOMOTIVE
318   RECEOVERY SERVICES INC. D/B/A/ ADESA IMPACT AT 304 OLD COLCHESTER
319   ROAD. THE MOTION PASSED 4-0.
320
321   Employee Resolutions
322
323   Mr. James read a Resolution of Appreciation for the following employees of the Town who have
324   served the Town for 25, 20, 15, 10 and 5 years. The resolution stated “that on behalf of the citizens
325   of the Town of Essex, tribute be paid for efforts to make this community a better place in which to
326   live.”
327
328   25 Years: Eric Barkyoumb, Public Works;
329   20 Years: Dennis Lutz, Public Works; George Murtie, Police Department;
330   15 Years: Kenneth Beaulieu, Police Department; Linda Carey, Police Department; Eileen Corsaro,
331      Community Development; Rick Garey, Police Department; Gail Stowe, Community
332   Development;
333   10 Years: Peter Daigle, Public Works; Sharon Kelley, Community Development; Randy Viens,
334
335      Assessor;
336   5 Years: Mark Berry, Parks/Recreation; Paul Courtois, Police Department; Jason Kenwood, Police
337      Department; Cherie McCabe; Parks/Recreation; Brian Roy, Public Works.
338
339   Mr. James recognized that on this day in1763 the Town of Essex was chartered which made it the
340   Town’s 241st Birthday. He referred to a book written by Frank Bent and published in1963 on The
341   History of Essex. He quoted the following passages from the book: “The Town of Essex is one of
342   seven towns in the county of Chittenden Chartered on June 7, 1763 by the Honorable Governor
343   Benning Wentworth of the Province of New Hampshire by the grace and power invested to him by
344   His Majesty King George the Third of Great Britain.” Further on it stated “The original Charter of
345   Essex together with all the others were taken back to England during the American Revolution by
346   the Wentworths. Essex is fortunate in having an authentic copy made out on forms used for
347   charters of that period.” “The Charter was found in possession of Mr. A.B. Halbert at the time of
348   the centennial celebration in 1863. Shortly after the celebration, the Charter was turned over to
349   W.F. Chapin who became Town Clerk. Mr. Allen Martin, who succeeded Mr. Chapin as Town
350   Clerk kept the Charter in his business safe until after the Brownell Library was constructed. It was
351   then framed in glass and hung in the reference room.” Mr. James stated the Charter was still there
352   today.
353
354   He also noted that yesterday, June 6, 2004 was the 60th anniversary of D-Day. In addition to that,
355   there have been three individuals who have lost their lives in serving our County. Mr. James asked
356   for everyone join him in a moment of silence to commemorate those events.
357
358   Request for Information Display
359
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      ESSEX SELECTBOARD                                                                 June 7, 2004

360   Mr. Scheidel referred the Board to a memo sent to him by Michael Wright discussing the possibility
361   of hosting a bulletin board on the Town of Essex web site. The key to it working would be to have
362   the people involved to keep it current. Mr. James stated the reason he requested a bulletin board
363   was that he received an e-mail from David Clough, a long time member of the School Board,
364   requesting to have a display case and common bulletin board to hold rotating “items of interest” in
365   the new facility. Since there was no way to do this now, Mr. James suggested that the Town could
366   design a web page bulletin board to list the events. It was the consensus of the Board to look into
367   designing a web page and consider space for a display case and bulletin board when working on the
368   building design with Scott and Partners.
369
370   Towers Road Note
371
372   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO APPROVE
373   THE CAPITAL IMPROVEMENT RESOLUTION, CAPITAL IMPROVEMENT NOTE
374   AND NON-ARBITRAGE CERTIFICATE FOR CAPITAL IMPROVEMENT
375   BORROWING FOR THE 7 TOWERS ROAD PROPERTY IN THE AMOUNT OF $10,900
376   AT A RATE OF 2.63% AND SIGN THE NECESSARY DOCUMENTS. THE MOTION
377   PASSED 4-0.
378
379   Fire Truck Note
380
381   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO APPROVE
382   THE CAPITAL IMPROVEMENT RESOLUTION, CAPITAL IMPROVEMENT NOTE
383   AND NON-ARBITRAGE CERTIFICATE FOR CAPITAL IMPROVEMENT
384   BORROWING FOR ENGINE #3 IN THE AMOUNT OF $94,500 AT A RATE OF 3.02%
385   FOR A TWO-YEAR PERIOD. THE MOTION PASSED 4-0.
386
387   Mr. Torti asked why the borrowing rates differed on the notes for the fire truck and Towers Road.
388   Mr. Scheidel answered that the 2.63% was for a 1-year note, and 3.02% was for a 2- year note.
389
390   Minutes of May 17, 2004
391
392   ALAN NYE MOVED AND THOMAS TORTI SECONDED A MOTION TO ACCEPT THE
393   MINUTES OF MAY 17, 2004 AS PRESENTED. THE MOTION PASSED 4-0.
394
395
396   CONSENT AGENDA
397
398   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO ACCEPT
399   THE CONSENT AGENDA WITH SELECTBOARD MEMBER COMMENTS AS
400   INDICATED.
401
402   Invitation – New England Culinary Institute Re-opening
403   Mr. Torti asked the reason for the Re-opening. Ms. Myers explained that there was a new
404   innkeeper, and other changes have been made such as enclosing the atrium and renovating the
      Draft                                            9
      ESSEX SELECTBOARD                                                                   June 7, 2004

405   tavern and lounge.
406   Check Warrant Report 5/14/04
407   Check Warrant Report 5/21/04
408   Press Release – Scott & Partners Architects
409
410   Minutes
411   Chittenden Solid Waste District 4/28 & 5/26/04
412   Economic Development Commission 5/13/04
413   Chittenden County Regional Planning Commission 4/26/04
414   Chittenden County Metropolitan Planning Organization 4/21/04
415   Chittenden County Transportation Authority 4/28/04
416
417   Letters
418   Lucky Trail Riders, Inc. to Trails Committee
419   Agency of Natural Resources to Richard Parks
420   Agency of Commerce & Com. Dev. To G. & D. Taylor
421   Vt. Recreation & Parks Association re: Mark Berry
422   Dept. of Liquor Control to Fairgrounds Beverage
423   Homestead Design Inc. to Selectboard Re: Zoning
424   Mr. James suggested the Board hold onto this letter for the joint meeting with the Planning
425   Commission.
426   Howard Rice to Pat Scheidel regarding Grants
427
428   Memos
429   Town Map and Marketing
430   Chapter 117 Amendments
431   Repairs to Old Colchester Road Bike Path
432   Mr. Nye expressed his amazement with someone constructing a bike path without a warranty. Mr.
433   Lutz explained that he received a reply from the State which said they did not warrant the
434   construction, and since the Town was under the maintenance agreement signed ages ago, the Town
435   was responsible for repairing the cracks. Mr. Nye stated that it was a failure of the whole path, not
436   just a few cracks. Mr. Nye suggested that a letter be sent to the Secretary of Transportation
437   expressing the Board’s surprise regarding the failure of the path. It was consensus that a letter be
438   sent from the Selectboard expressing their concern on how the path could deteriorate so quickly and
439   suggesting that the responsibility for fixing it was beyond the Town.
440   Anticipated Zoning Amendments
441
442   THE MOTION PASSED 4-0.
443
444
445   EXECUTIVE SESSION
446
447   AT 9:03 ALAN NYE MOVED AND THOMAS TORTI SECONDED A MOTION TO
448   ENTER EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION TO INCLUDE
449   THE TOWN MANAGER AND PUBLIC WORKS DIRECTOR. THE PREMATURE
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      ESSEX SELECTBOARD                                                         June 7, 2004

450   PUBLIC KNOWLEDGE OF THE ISSUES TO BE DISCUSSED IN THE EXECUTIVE
451   SESSION WOULD PLACE THE MUNICIPALITY AT A SUBSTANTIAL
452   DISADVANTAGE. THE MOTION PASSED 4-0.
453
454   AT 10:30 ALAN NYE MOVED AND THOMAS TORTI SECONDED A MOTION TO EXIT
455   EXECUTIVE SESSION. THE MOTION PASSED 4-0.
456
457   ALAN NYE MOVED AND LINDA MYERS SECONDED A MOTION TO APPOINT THE
458   FOLLOWING INDIVIDUALS TO THE TOWN’S BOARDS AND COMMISSIONS:
459
460   Jody Landon to the Cemetery Commission for a three-year term.
461   Ron Weston to the Cemetery Commission for a three-year term.
462   Peter Lyon to the Planning Commission for a four-year term.
463   Jim Rose to the Planning Commission for a four-year term.
464   Jim Provost to the Zoning Board of Adjustment for a three-year term.
465   Sheri Larsen to the Economic Development Commission for a three-year term.
466   Elizabeth Poulin to the Economic Development Commission for at three-year term.
467   Bonnie Doble to the Library Board of Trustees for a three-year term.
468   Patricia Schmitz to the Library Board of Trustees for a three-year term.
469   Elizabeth White to the Library Board of Trustees for a three-year term.
470   Patrick Scheidel to the Memorial Hall Committee for a three-year term.
471   Moshe Braner to the Trails Committee for a three-year term.
472
473   THE MOTION PASSED 4-0.
474
475   AT 10:40 P.M., ALAN NYE MOVED AND THOMAS TORTI SECONDED A MOTION TO
476   ADJOURN THE MEETING. THE MOTION PASSED 4-0.
477
478
479
480
481
482   Respectfully submitted,
483   June M. Campbell
484
485   June M. Campbell
486   Recording Secretary
487
488   Approved this _______________ day of _________, 2004.
489
490   (See minutes of this date for corrections, if any).
491
492   _______________________________
493   Thomas W. Torti, Clerk, Selectboard
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      ESSEX SELECTBOARD                                        June 7, 2004

494
495   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)




      Draft                            12
 1                                           TOWN OF ESSEX
 2                                            SELECTBOARD
 3                                              MINUTES
 4                                             June 21, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Jeffrey B. Carr, Thomas Torti, Alan Nye and Linda Myers.
 7
 8   OTHERS PRESENT: Patrick Scheidel, Town Manager; Dawn Francis, Deputy Town Manager;
 9   Dennis Lutz, Town Engineer/Public Works; Mark Berry, Parks and Recreation Director; Frank
10   Cioffi, Brendan Cosgrove, Doug Cook, Roger Villemaire, Rodney Mayo and Larry Bushey.
11
12   Mr. James called the meeting to order at 7:31 p.m.
13
14   PLEDGE OF ALLEGIANCE
15   Mr. James invited those present to join him in reciting the “Pledge of Allegiance.”
16
17   PUBLIC TO BE HEARD
18   No one addressed the Board on issues not on the agenda.
19
20   PUBLIC HEARING
21   JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO AMEND THE
22   AGENDA TO TAKE UP THE FIRST CLASS LIQUOR LICENSE APPLICATIONS
23   BEFORE THE PUBLIC HEARING. THE MOTION PASSED 5-0.
24
25   BUSINESS
26   Liquor License Applications – 1 st Class
27   Bandits Wings & Grill, Inc.
28
29   Rodney Mayo introduced himself as manager of Bandits Wings & Grill located on 137 Pearl next to
30   the Vietnamese restaurant. Mr. Mayo explained the restaurant would be serving beer and wine as
31   well as a food menu.
32
33   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION TO
34   APPROVE THE FIRST CLASS LIQUOR LICENSE FOR BANDITS WINGS & GRILL,
35   INC. WITH THE USUAL ADMONITION. THE MOTION PASSED 5-0.
36
37   Paradise Burritos
38
39   Douglas Cook, the owner, represented the application. He explained his restaurant served quick
40   Mexican food at the Essex Outlet Fair, which he has operated for 2 ½ years. In that time, a number
41   of customers had complained because he did not serve beer, so he’s applying for a license.
42
43   ALAN NYE MOVED AND LINDA MYERS SECONDED A MOTION TO GRANT
44   APPROVAL OF A FIRST CLASS LIQUOR LICENSE FOR PARADISE BURRITOS
45   CONDITIONAL UPON COMPLETION OF A LIQUOR CONTROL BOARD LICENSE
46   EDUCATION SEMINAR AND INCLUDING THE USUAL ADMONITION.
47
     ESSEX SELECTBOARD                                                                   June 21, 2004

48   Mr. James noted there was no indication that anyone had attended the Liquor Control Board
49   License Education Seminar, so it would have to be a conditional approval. He explained that Mr.
50   Cook would need to set up the session. Mr. Cook explained that the Town Clerk had given him the
51   name of the person to contact already.
52
53   THE MOTION PASSED 5-0.
54
55   Mr. James explained the usual admonition was the Selectboard takes the issuance of liquor licenses
56   very seriously and they expect the applicants will share in the seriousness of holding a liquor
57   license.
58
59   PUBLIC HEARING
60   Vt. Community Development Program Grant – Jeffrey B. Carr
61
62   Mr. Carr reported that this was the end of developing a living regional economic development
63   strategy, which had been worked on for 18 months by a number of individuals listed on the report.
64   GBIC had been spearheading the effort, and Frank Cioffi and Brendan Cosgrove were there that
65   evening to present the findings.
66
67   Mr. Cioffi presented the Strategic Economic Development Plan/Chittenden County Regional
68   Economy: Strategies for a High-Performance Economy dated June 2004. The goal of the Strategic
69   Economic Development Planning Process was to develop specific, focused strategies for long-term
70   economic success in the greater Chittenden County Region, including an in-depth understanding of
71   factors influencing economic performance, utilizing the region’s strengths-assets to create good
72   jobs, developing focused strategies to build the competitiveness of the region’s economic engines
73   and forging strategic partnerships to address challenges.
74
75   Mr. Cioffi listed several reasons why we need economic development: to constantly renew and
76   strengthen the “living regional economy”, to address on-going infrastructure needs of key dollar-
77   importing regional businesses and to support a healthy region and healthy communities.
78
79   This plan builds on past initiatives and efforts in the region and digs deeper to understand economic
80   performance of region’s key economic engines. It focuses on competitiveness of dollar-importing
81   industries and establishes narrow and targeted strategies toward improving competitive advantages.
82    It’s a “living plan” that will change as we change and will also bring municipalities and planners
83   into process together.
84
85   The Steering Committee had drafted a Vision Statement stating: “Our economy will be strong and
86   diverse with a base of globally competitive companies, and will provide meaningful and
87   challenging jobs that are consistent with Vermont’s culture, values, and a high quality of life.” The
88   group also drafted a Mission Statement which stated: “Through a focused effort in collaboration
89   with the State and other regions, strengthen existing businesses and search out new opportunities to
90   achieve a diverse economy of globally competitive businesses that offer challenging and good-
91   paying job opportunities, offer the resources necessary to support a high quality of life, and provide
92   economic opportunity for those who live and work in northwest Vermont.”
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      ESSEX SELECTBOARD                                                                    June 21, 2004

 93
 94   In research, the committee learned the following: that the economy is increasingly global and most
 95   of the dollar-importing businesses in our region are importing products or services from entities
 96   around the world; the workers skills have constantly needed to adapt to the changes in the
 97   economy; Vermont demographically continues to lose its young people from the ages of 20-34;
 98   baby-boomers are aging and are very focused on quality of life issues; the region has a work-force
 99   issue when it comes to advanced skills and keeping up with the economic drivers; we need to work
100   with the University and State Colleges and other colleges in Vermont to focus on continuing
101   education; the regional economy has been under-performing as compared to the National economy
102   and lacks in economic diversity; and the region has some competitive assets and challenges in the
103   economic development infrastructure.
104
105   What was learned about the key economic engines in the region (the dollar importing industries and
106   main centers of employment) was that they import dollars and make the regional economic pie
107   larger. They pay better than average wages and are economically defensible because they invest
108   and renew themselves continuously. They also utilize a key regional asset to reinforce their
109   competitive advantage and in many cases that’s people and innovation.
110
111   The industry sectors that are the key economic drivers are: high value professional, scientific and
112   technical services; specialize medical treatment services; niche consumer goods; connector and
113   insulated wire manufacturing; instrumentation-Homeland Security/Defense; specialty plastics;
114   specialty commercial/industrial machinery manufacturing; engineered electronics and electronic
115   components manufacturing; specialty metal products; educational services; primary medical-
116   biotechnology/other research services; and travel and tourism/creative arts.
117
118   After the group had gone out to take stock of the regions assets, they began to craft some strategies
119   they might want to focus on. The first was to promote workforce development/training for a high
120   performance economy to make sure they are communicating to the colleges, universities and
121   technical centers what is needed to provide a skilled work force. This also would include
122   partnering with businesses in the region to help them create the kind of workforce re-education
123   programs that they will need to be competitive in their industries. The second was to promote
124   infrastructure readiness for quality job retention-creation. The third was to facilitate state and local
125   development review process, which had already gone through some changes in the Act 250 process.
126    He mentioned an unfortunate extended process for the Circumferential Highway and it would be
127   another area that would need to be focused on in terms of infrastructure and permit process.
128   Another focus would be to promote access to affordable early-stage capital. There are many
129   entrepreneurial ventures starting in Vermont and small business is the number one employer in
130   Vermont. They need to make sure funding is being sought out for these types of businesses. The
131   fifth strategy is to facilitate a climate of business development cooperation throughout the entire
132   Lake Champlain Basin and a lot of that would involve continuing a business visitation program, a
133   program where GBIC goes out on a weekly basis to attempt to visit all the
134   manufacturing/technology and value added service businesses to make sure GBIC understands what
135   their requirements, challenges and opportunities are.
136
137   Other areas for building a winning economic development climate in the region were listed:
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      ESSEX SELECTBOARD                                                                   June 21, 2004

138   business-job retention to solidify the regional job base; strategic business expansion and
139   recruitment to diversify the regional job base which the Governor is currently focusing on; facilitate
140   technology incubators-centers of innovation such as biotechnology and environmental research
141   which are growing among the universities and colleges; develop options to enhance workforce
142   housing in the northwest region because the region is still under-inventoried in housing units in
143   northwestern Vermont; and preserve and enhance Quality-of Life in this region and Vermont which
144   was listed as one of the reasons why businesses wanted to continue in Vermont.
145
146   Mr. Cioffi stated progress would be measured through six proposed outcomes. 1) It’s expected that
147   job and wages would increase at not less than state averages. 2) Look at jobs in key sectors to make
148   sure they are maintaining a national share with no erosion in wages as compared to those industry
149   sectors in the U.S. 3) The Lake Champlain Workforce Investment Board listed the Regional
150   Technical Academy as a major priority so the group proposed the Regional Technical Academy as
151   one of the most essential components of building and maintaining a high performance economy. 4)
152   Apply for and go through the process of developing a comprehensive economic development
153   strategy by the end of calendar year 2006. 5) Work to build a better working relationship with New
154   York and Quebec neighbors by looking at the assets the three areas bring together. The thought
155   behind this initiative was that a lot of companies globally would look at this as one region and not
156   separate states or countries. 6) The last measure would be to reduce the housing cost stress in the
157   region.
158
159   In explaining what’s next, Mr. Cioffi explained the Committee hope to wrap up this effort and
160   closeout grant by mid-August with most of the work on the plan being done by June 30th. GBIC
161   has been invited to develop a comprehensive development strategy by the Unites States Economic
162   Development Administration and that was a process that they sought invitation to. Chittenden
163   County never previously qualified to approach EDA, but when there were a number of layoffs
164   during the past 2-3 years, the region’s statistical and economic demographics changed which gave
165   GBIC a window of opportunity to seek another invitation. They have been provided a grant by the
166   EDA to develop a comprehensive development strategy to help the region receive certification.
167   That process will start in September and they will use all the research in this plan as the foundation
168   for the Comprehensive Development Strategy for the region. The benefits would be good for the
169   municipalities in the region because when the strategy is complete, it will enable municipalities to
170   write grants to the EDA for infrastructure. As an example, EDA brings in $26 million into
171   Vermont and New Hampshire every year and Vermont was getting less than $1 million out of it.
172   This process will help bring more of money into Vermont and if the certification is granted BGIC
173   will want to be aggressive in helping municipalities go after EDA money for economic
174   development projects and infrastructure. The Federal Government has a stringent criteria and plan
175   outline that needs to be adhered to which promotes seeking out the broad diverse representation of
176   the people in the County to get their input into the process. The target date for completing the
177   Comprehensive Development Strategy is December 2006.
178
179   Mr. Carr reported public comment that was received during the last three weeks from people that
180   were serving on the Steering Committee. One comment requested that the immigrant population be
181   accepted as an asset to the region as they offer the opportunity to enhance the dwindling labor force
182   needs of the 20-34 age group. They are also a source of entrepreneurs for business and help
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      ESSEX SELECTBOARD                                                                  June 21, 2004

183   diversify the State’s population. The second comment concerned acknowledging the international
184   trade component that already exists with the World Trade Office, Lake Champlain Regional
185   Chamber of Commerce and the State Chamber of Commerce. The third recommendation
186   concerned looking at the private sector for private/public partnerships in regards to housing such as
187   placing housing where the jobs are located. The fourth area of comment was the current effort to
188   redefine on a statewide basis what a growth center is. The effort should be consistent with the
189   needs of our key sectors of the regional economy. Finally, there was a recommendation to reduce
190   the level of escalating housing cost stress in the region. The committee is looking at the working
191   age moderate-income households of $20,000 to $50,000 a year to expand the supply of housing for
192   this group.
193
194   Mr. Nye commented that when he looked at the graph showing jobs, Essex was showing a small
195   proportion compared to other communities in the region. He questioned why Essex continues to be
196   pressured to meet housing needs when those communities should come to the forefront. He
197   remembered when Burlington tore down affordable housing years ago, and he’s not sure they ever
198   replaced it. Winooski did the same, but they are now going to build 600 units which may help. Mr.
199   Nye also reported that when he bought his first house it cost $34,000, almost 6 times his salary.
200   Today, a household that has $40,000 in salary report they can’t buy a house that is 6 times their
201   salary yet many have recreational luxuries that take much of the salary that could go towards a
202   house. He suggested that if the Town looked at the big picture taking these two items into account,
203   the housing issue might not seem as bad as it’s played out to be.
204
205   Mr. Carr agreed that that there are other communities that have more jobs than Essex and are big
206   importers of the labor force, although Essex does import labor from the St. Albans region. He
207   believed the point of the housing issue was that there are many businesses that recruit hard to find
208   skilled labor and the lack of housing inhibits them from finding those workers. It’s not just Essex
209   versus the County, but it’s the County versus the world. When people think about coming to fill
210   those skilled labor positions and see what their housing dollar doesn’t buy compared to other areas
211   of the U.S., that creates a problem in terms of attracting and retaining a workforce which helps our
212   businesses be competitive in the global marketplace. The point of the housing component is to look
213   at the overall regional need. Mr. Carr explained that some of the housing cost stress is a result of
214   people paying more for taxes, utilities and education, so there has been a serious increase in prices,
215   which hasn’t been matched with income over the past 6 or 7 years.
216
217   Mr. Torti referred to the proposed working arrangement between Vermont, Plattsburg and Quebec,
218   and asked the strategy for enlisting Plattsburg since they seem to be recruiting well on their own.
219   What does Vermont have to offer them? Mr. Cioffi replied that Vermont had a lot to offer in terms
220   of services, education/universities and infrastructure. GBIC will request that the Governor open the
221   doors of communication to work with NY collaboratively with Quebec. Mr. Carr stated if our
222   region works with NY and Quebec, we might be able to collect a critical mass that could help the
223   region show up on the map.
224
225   Mr. Cioffi reported the Strategic Economic Development Plan would not be finalized until they
226   receive final feedback from all the municipalities involved.
227
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      ESSEX SELECTBOARD                                                                 June 21, 2004

228   Mr. James asked if there were any more questions from the Board or Public. No one from the
229   public addressed the report.
230
231   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION TO CLOSE
232   THE PUBLIC HEARING. THE MOTION PASSED 5-0.
233
234   BUSINESS (CONTINUED)
235   Board and Commission Appointments
236
237   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO TABLE
238   THE DISCUSSION OF BOARD AND COMMISSION APPOINTMENTS TO EXECUTIVE
239   SESSION. THE MOTION PASSED 5-0.
240   I
241   ndian Brook Dam Expenditures
242
243   THOMAS TORTI MOVED AND ALAN NYE SECONDED A MOTION TO AWARD A
244   CONTRACT IN THE AMOUNT OF $159,000 TO THE LOWEST RESPONSIBLE BIDDER
245   FOR REPAIRS TO INDIAN BROOK DAM. THE MOTION PASSED 5-0.
246
247   Susie Wilson Road and Town Center Issues
248
249   Mr. Scheidel referred to a memo dated June 17, 2004 from Dawn Francis and Herbert Durfee to the
250   Selectboard, Town Manager and Planning Commission. It contained staff’s interpretation of what
251   transpired during the joint meeting between the Selectboard and Planning Commission regarding
252   the two business centers. Staff’s recommendations were listed under the zoning amendment
253   proposals. One recommendation decided at the joint meeting was to instruct the Planning
254   Commission to undertake the process according to state law to address questions #1, 2, 5 and 7 of
255   the report. Staff recommended the following four zoning amendments:
256       1. To allow elderly/congregate housing as a use in the B1 District,
257       2. Subject to additional insight, delete the text allowing the Planning Commission to limit
258           building height in the MXD-C district to 25’,
259       3. In a Planned Unit Development only, enable single-use buildings in the MXD-C district.
260           Single use buildings should be allowed:
261               a)     In an existing Planning Commission approved master planned development, as
262                      long as the overall proportion of commercial square footage and residential units
263                      remains unchanged, or
264               b)      In a proposed development, as approved by the Planning Commission,
265       4. Only in the B1 district in a Planned Business Development or with a project involving
266          congregate housing, enable 80% lot coverage.
267
268   Mr. Nye referred to #3b and #4 asking for the Selectboard’s consensus. He didn’t believe that
269   those issues were agreed upon at the joint meeting. He remembered stating that 80% lot coverage
270   wasn’t appropriate for the Town at this time. Regarding #3b his understanding was that it would
271   result in changing the percentages in development, which would be left to the discretion of the
272   Planning Commission. This would allow the Commission to allow single use buildings on the
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      ESSEX SELECTBOARD                                                                  June 21, 2004

273   Dostie property at an unspecified percentage rate.
274
275   Mr. Carr asked if 3b would allow the Planning Commission the discretion to go outside the intent
276   of the Town Plan. Mr. James believed it could.
277
278   There was some discussion among the Selectboard on what proposed zoning amendments should be
279   sent to the Planning Commission for review without delaying approval of the easy issues.
280
281   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION FOR THE
282   PLANNING COMMISSION TO CRAFT ZONING REGULATIONS IN ACCORDANCE
283   WITH THE MEMORANDUM DATED JUNE 17, 2004 ON ITEMS B1, B2, B3-A TO BE
284   READY BY THE JULY 12, 2004 SELECTBOARD MEETING, AND THAT THE
285   PLANNING COMMISSION INFORM THE SELECTBOARD OF THE BEST WAY TO
286   ACCOMPLISH B4 PERTAINING TO 80% COVERAGE IN THE B1 DISTRICT.
287
288   Mr. Carr clarified that if in the opinion of the Planning Commission they could draft a Zoning
289   Regulation pertaining to 80% lot coverage in the B1 district, that they should do so.
290
291   Alan Nye recommended a visual demonstration of the 80% coverage using existing projects
292   showing what they would look like if the 80% coverage was applied.
293
294   Mr. Carr wanted input from the Public Works Director on whether any of the proposed Zoning
295   Amendments would shorten the life of the Town’s wastewater capacity, or affect any other
296   infrastructure.
297
298   THE MOTION PASSED 5-0.
299
300   Mr. Scheidel referred to staff’s recommendation on page 4 of the memo. It was recommended that
301   the Selectboard provide direction on any future information needed to address the remaining issues
302   and questions. Mr. Carr stated he wanted to see the result of the survey before going to far.
303
304   Butler’s Corners’ Proposal Cost Amendment
305
306   Dennis Lutz stated the last time he went before the board in July of 2003, they were at the tail end
307   of the design for Butler’s Corners but there have been increases since that time. One increase was
308   the inspection hours of construction. State inspectors are on the job 100% of the time and it’s the
309   largest share of the cost. The other increase was for additional water line and there are dollars in
310   the water accounts to cover that. He asked that the Board approve the Town/VTRANS
311   Cooperative Agreement Amendment #5.
312
313   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION THAT THE
314   SELECTBOARD SIGN THE TOWN/VTRANS COOPERATIVE AGREEMENT
315   AMENDMENT #5 FOR THE PROGRAMMING OF ADDITIONAL CONSTRUCTION
316   ENGINEERING AND CONSTRUCTION FUNDS.
317
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      ESSEX SELECTBOARD                                                                  June 21, 2004

318   Mr. Nye asked why the money would come out of the operating budget and not the money set aside
319   for the project. Mr. Lutz explained that it could come out of either, but felt that if the water comes
320   in at the bid price, the amount coming out of the operating budget would be less than $1,000. The
321   money comes from the operating budget, but the line item that deals with the funds were being put
322   into the capital funds.
323
324   THE MOTION PASSED 5-0.
325
326   Human Services Funding
327
328   Mr. Scheidel explained that the Town allocates 1% of the General Fund money each year to the
329   Human Service Agencies. He referred to the memo dated June 15, 2004 with an attached list of
330   Human Services Organizations. The list showed the amount he recommended be approved. He
331   highlighted #18, Partners in Adventure, which was listed as $0 because he didn’t receive
332   information in time.
333
334   ALAN NYE MOVED TO ACCEPT THE TOWN MANAGER’S RECOMMENDATIONS
335   FOR HUMAN SERVICES FUNDING WITH THE FOLLOWING CHANGES: $2,100 TO
336   THE LUND FAMILY CENTER; $37,798 TO VNA; $4,200 TO WOMEN HELPING
337   BATTERED WOMEN; $600 TO WOMEN RAPE CRISIS CENTER; $2,200 TO
338   CHITTENDEN EMERGENCY FOOD SHELF; $3,000 TO MAPLE LEAF FARM AND $500
339   TO PARTNERS IN ADVENTURE.
340
341   Mr. James informed the Board that Hospice now came under VNA.
342
343   THE MOTION PASSED 5-0.
344
345   Minutes of June 7 and June 10, 2004
346
347   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION TO
348   ACCEPT THE MINUTES OF JUNE 7 AND JUNE 10, 2004 AS PRESENTED. THE
349   MOTION PASSED 5-0.
350
351
352   CONSENT AGENDA
353
354   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
355   ACCEPT THE CONSENT AGENDA WITH SELECTBOARD MEMBER COMMENTS AS
356   INDICATED.
357
358   Check Warrant Reports 5/26/04, 5/27/04 & 6/03/04
359   Waste Water System Permit – Pinewood Manor
360   Copy of ECHO Spring Newsletter
361   Mr. James recommended that since this was a significant activity, the Selectboard and Staff might
362   want to take notes and consider purchasing the book on the History of Essex and Village of Essex
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      ESSEX SELECTBOARD                                                              June 21, 2004

363   Junction.
364   Montpelier RFP
365   GBIC Newsletter
366
367   Minutes
368   Planning Commission 3/25, 4/8 and 4/22/04
369   Zoning Board of Adjustment Meeting 5/6/04
370   Chittenden County Metropolitan Planning Organization Meeting 5/19/04
371
372   Letters
373   To Ms. Patricia McDonald from Pat Scheidel regarding Old Colchester Road Transportation
374        Path
375   Mr. Torti asked if Mr. Scheidel received a response from the Agency of Transportation regarding
376   the letter sent on June 8, 2004 by the Town concerning the lack of a warranty on the path on Old
377   Colchester Road. Mr. Scheidel replied he had not. Mr. Torti recommended that if there wasn’t a
378   reply soon, there should be follow-up.
379
380   To Environmental Commission from Michael Munson regarding Circumferential Highway
381           Mitigation Plan
382
383   Memos
384   From Agency of Commerce & Community Development regarding Chapter 117 Revisions
385
386   THE MOTION PASSED 5-0.
387
388
389   EXECUTIVE SESSION
390
391   AT 9:00 P.M. THOMAS TORTI MOVED AND ALAN NYE SECONDED A MOTION TO
392   ENTER EXECUTIVE SESSION TO DISCUSS PERSONNEL, CONTRACTS, AND
393   PENDING LITIGATION TO INCLUDE THE TOWN MANAGER AND DEPUTY TOWN
394   MANAGER. THE PREMATURE PUBLIC KNOWLEDGE OF THE ISSUES TO BE
395   DISCUSSED IN THE EXECUTIVE SESSION WOULD PLACE THE MUNICIPALITY AT
396   A SUBSTANTIAL DISADVANTAGE. THE MOTION PASSED 5-0.
397
398   AT 9:56 P.M. THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION
399   TO EXIT EXECUTIVE SESSION. THE MOTION PASSED 5-0.
400
401   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO APPOINT
402   THE FOLLOWING INDIVIDUALS:
403         Mark Lords to a 2-year term as the Town’s representative to the CCPRC.
404         Jeffrey B. Carr as an alternate for the CCPRC for a two-year term.
405         Jeffrey B. Carr to a 2-year term as the Town’s representative to the CCMPO.
406         Thomas Torti as 1st alternate for a two year term.
407         Sheri Larsen as 2nd alternate for a two year term.
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      ESSEX SELECTBOARD                                                              June 21, 2004

408          Thomas James as 3rd alternate for a two year term.
409          Tom Crapo as the Town’s representative to the Loan Review Committee for the
410          Partnership Fund, a revolving loan fund for the communities of Essex, Colchester,
411          Winooski and Milton.
412          The Selectboard also supported the Town Manager’s proposal to appoint Sam
413          Kinghorn to a 2-year term on the Cemetery Commission subject to a confirmation of
414          his interest in this position.
415   The Selectboard requested that the staff re-advertise for the remaining vacancies on the Town’s
416   boards and commissions.
417
418   THE MOTION PASSED 5-0.
419
420   AT 9:58 P.M., ALAN NYE MOVED AND LINDA MYERS SECONDED A MOTION TO
421   ADJOURN THE MEETING. THE MOTION PASSED 5-0.
422
423
424   Respectfully submitted,
425   June M. Campbell
426
427   June M. Campbell
428   Recording Secretary
429
430   Approved this _______________ day of _________, 2004.
431
432   (See minutes of this date for corrections, if any).
433
434   _______________________________
435   Thomas W. Torti, Clerk, Selectboard
436
437   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)




      Draft                                             10
 1                                           TOWN OF ESSEX
 2                                            SELECTBOARD
 3                                               MINUTES
 4                                              July 12, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Jeffrey B. Carr, Alan Nye and Linda Myers.
 7
 8   OTHERS PRESENT: Patrick Scheidel, Town Manager; Dawn Francis, Deputy Town Manager;
 9   Dennis Lutz, Town Engineer/Public Works; Herbert Durfee III, Community Development Director;
10   David Demag, Police Chief; Ken Petrie, John Alden, Tyler Scott and John Rooney of Scott &
11   Partners.
12
13   Mr. James called the meeting to order at 7:30 p.m.
14
15   PLEDGE OF ALLEGIANCE
16   Mr. James invited those present to join him in reciting the “Pledge of Allegiance.”
17
18   PUBLIC TO BE HEARD
19   No one addressed the Board on issues not on the agenda.
20
21   ALAN NYE MOVED AND JEFFREY B. CARR SECONDED A MOTION TO AMEND THE
22   AGENDA TO INCLUDE AN ITEM REGARDING A PARK AND RIDE GRANT
23   APPLICATION IN THE TOWN COMMON AREA. THE MOTION PASSED 4-0.
24
25   BUSINESS
26
27   Municipal Building Design Review – John Alden
28
29   John Alden, of Scott & Partners presented a review of where they were in the process of the
30   preliminary design of the proposed Municipal Building. They now have a formal site plan that was
31   designed with the required number of parking spaces, building footprints, circulation for vehicles
32   and pedestrians, and connection to various amenities. They have also identified a number of other
33   site elements such as determining if there was an Act 250 amendment required.
34
35   Mr. Alden referred to handouts given to the Selectboard to review the site plan. The project seemed
36   to come together very well on the site. The only issue was stormwater and they were working with
37   Dennis Lutz to resolve those issues.
38
39   They had done their best to come up with a very efficient building and the square footages matched
40   what was requested. However, rising building costs and inflation have increased the estimated
41   building costs previously identified.
42
43   Mr. Alden walked the Selectboard through the drawing. When reviewing the plan, they identified
44   that bringing the Parks and Recreation offices onto the first floor would allow the building to stack
45   perfectly from the first floor to the second floor without wasting any space. They looked at which
46   offices generated the most traffic and found the Town Clerk’s Office and Parks and Recreation
47   were both high traffic generators.
     ESSEX SELECTBOARD                                                                     July 12, 2004

48
49   Tyler Scott reviewed the site. The site was deceiving because it was fairly low across one portion
50   but dropped quite a bit down around the access to the golf course. They went out and did
51   preliminary grades and found a good medium distance to achieve grades throughout the parcel.
52   They divided parking into two areas. One of the ideas was to have a drive around/drop off window.
53    He then pointed out the main entrance to the building that lead to the lobby area, the main
54   conference area, and the administrative areas.
55
56   One recommendation they proposed was to contain drainage on the site with a retention pond
57   located within a 50’ view corridor. Mr. Scott stated that it was the best area on site taking into
58   account a 2-acre site with a 10,000 square foot building, parking, setbacks and expansion area. It
59   was also lower in elevation.
60
61   Speaking to the orientation of the building, Mr. Scott stated they wanted to keep the windows and
62   the main exposure of the meeting room away from the west side so that the heat wasn’t so intense.
63   It was also visible to Essex Way and the parking lot.
64
65   Mr. Alden pointed to the entry plaza, which would accommodate a number of people leaving
66   meetings. Originally, the main lobby of the building was too tight, and they recommended that the
67   building have a more welcoming feeling. As you entered into the major lobby, there would be two-
68   story space and on the side a 1 ½- story, 2000 square foot meeting hall that would be dividable.
69   The other side would contain the Parks and Recreation office and public restrooms. As people
70   entered, straight ahead there would be the Town Clerk’s office and Finance office. There was a
71   stairway to an upper-level circulation balcony where the offices of Public Works, Town Manager,
72   Assessor and Community Development were located. The Public Works’ office would be located
73   as the first office on the second floor to reduce foot traffic and the Town Manager’s office would
74   have a small conference room in the back. There would be a bathroom core with two fixtures in
75   each bathroom. There was also a fire stair located on the second floor.
76
77   Referring to the handout, the first two pages contained a project summary and a design concept
78   page listing the imagery and design concepts that generated the building. The square footage
79   remained the same with the exception of the lobby atrium. There was an issue with pedestrian
80   circulation and wall thickness and when doing their calculation, they thought it was important to
81   highlight those issues. The bottom of the page showed that square footage was within 5-½ % of the
82   requested combined square footage.
83
84   The next page showed elevations and direction of the building. The entrance was at the south
85   elevation, with the stair tower and office section on the other side, bound against the meeting room.
86    There were windows above the meeting space to let the daylight into the lobby. Moving around
87   the building, there were two exit doors in the meeting room, which carried windows up high to
88   deflect the light onto the ceiling to reduce the amount of light needed. On the second floor’s north
89   elevation, there wasn’t a lot of direct sunlight but on the opposite side where there was a lot of light
90   they’ve placed overhangs to deflect summer sunlight.
91
92   Ms. Myers asked if the building could be constructed so that if expansion were to occur, it could go
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      ESSEX SELECTBOARD                                                                   July 12, 2004

 93   up. Mr. Alden stated there were two issues to consider. One was the elevator and it’s being
 94   designed for a certain number of floors. The other consideration would be the foundation which
 95   would be designed for two floors.
 96
 97   Ms. Francis asked about the views from each elevation. Mr. Alden stated the east elevation looks
 98   out at Essex Way at the landscaping on the other side with some mountain views. The west
 99   elevation would be looking over the golf course.
100
101   Ms. Myers asked for the total number of parking spaces. Mr. Alden responded there would be 65
102   parking spaces.
103
104   Mr. Alden identified the zone as being a Mixed Use area. The total lot size was 2 acres, but he
105   understood that might not be completely set yet. There would be 65 parking spaces which would
106   cover 25,000 square feet. Walks totaled 4,000 square feet and the building would be 10,000 square
107   feet for total lot coverage of 40,000 square feet or 44%, which was well within the parameters of
108   Planning and Zoning.
109
110   Mr. Alden pointed to the basement that would contain a network of storage areas accessed by both
111   stairways. Mr. Nye asked if there would be a way to get into the basement directly from the
112   outside. Mr. Scott answered there would be and pointed to the location. Mr. Nye was concerned
113   because he didn’t see vehicle access from the outside entrance. He believed that would encourage
114   walking through the building to store items instead of accessing the basement from outside. Mr.
115   Alden pointed to an area on the plan that might accommodate Mr. Nye’s request for vehicle access
116   but the cost would increase because of needed excavation.
117
118   Mr. Torti asked Mr. Alden what the estimated cost would be. Mr. Alden stated they were
119   extremely sensitive to the Town’s issues and knew economics were a part of the picture. They had
120   an independent estimate done in addition to their own. The estimate was not guesswork. They
121   found the estimate presented in the RFP package to be a little low, which the estimator confirmed.
122   Even though the building size increased by 5 ½ to 6%, the material and labor costs were the major
123   contributing factors to the increase. Another sheet indicated areas of the major cost increases.
124   Structural steel prices were going up between 3-5% per month. It was difficult to get quotes that
125   would last more than a week. Anything made out of steel such as conduit, ceiling grid and
126   plumbing were also increasing in cost. Oil prices have increased the cost of anything made out of
127   plastic. The worldwide market is very hot right now and is impacting the resources available.
128   Shipping cement was also a problem.
129
130   Mr. Alden left a copy of the detailed estimate and additional material regarding inflation and felt
131   they did a good job putting the building package together and getting the construction site and costs
132   worked out.
133
134   Mr. James thanked Scott & Partners for the presentation although he was disappointed with the
135   increase in cost. Mr. Alden stated they were hesitant to include an inflation factor but they believed
136   the numbers were conservative. He referred to a letter Scott & Partners received from the
137   Department of Education that requested all architects go back to their estimates of construction
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      ESSEX SELECTBOARD                                                                   July 12, 2004

138   costs because costs seem to be coming in astronomically high. They were asking that all
139   estimations be redone to cover cost overruns that were occurring.
140
141   Zoning Amendments – Herbert Durfee
142
143   Mr. Durfee explained the two items the Selectboard received in their packets. One was the result of
144   the Citizens’ Survey. The results were still considered preliminary because the Selectboard didn’t
145   have the final report yet, but the results were sufficient enough to be used publicly. Comparing the
146   survey results with the 2000 census results, the Center for Rural Studies was fairly confident there
147   was a broad cross section of people.
148
149   Mr. Durfee referred to the Possible Zoning Amendments memorandum in the Selectboard’s packet.
150    The Planning Commission, with four members present, did not make any comment on the three
151   general sets of amendments mainly because they felt the amendments met the consensus of the joint
152   meeting on June 10 between the Selectboard and Planning Commission. Mr. Durfee also solicited
153   comments from the three mission Commission members. The three sets of amendments were:
154   allowing congregate/elderly housing in the B1 zone along the Susie Wilson Road area; deleting the
155   provision that allowed the Planning Commission to limit building height to 25’ in the Town Center
156   District; and enabling single-use residential structures in the Town Center District.
157
158   If the Selectboard were to charge the Planning Commission with moving forward and doing a
159   formal preparation under state statute, Mr. Durfee asked that the Selectboard allow staff to fine-tune
160   the proposed amendments before sending them to the Planning Commission for a Public Hearing
161   process. There were a couple of changes that staff recognized needed to be considered. One was
162   determining the minimum size for an elderly unit in the B1 district. Also, Mr. Durfee needed some
163   clarification of the feedback received from the Selectboard regarding allowing single-use residential
164   buildings in the Town Center. Referring to the possible options, option #1 was what he believed
165   the Selectboard discussed during their last meeting which read, “In an existing Planning
166   Commission approved master planned development, as long as the overall proportion of
167   commercial square footage and residential units remain unchanged, the master plan may be
168   amended with approval of the Planning Commission to allow single-use residential buildings.”
169   That would cover an HDI type of parcel, but not the Dostie parcel because it didn’t have a Master
170   Plan. There were other options listed that could be considered to treat both parcels equally.
171
172   Mr. Nye asked how the comparison of 575 square feet for one-bedroom and 1150 for two-bedroom
173   worked out in respect to other units in the area. Mr. Durfee replied the existing regulation speaks of
174   350 square feet for one bedroom. The 575 and 1150 square feet come from the possibility of the
175   Roger Villemaire property being converted.
176
177   Mr. Nye pointed out that a 40’ feet maximum building height in the MXC district was consensus
178   during discussion, not the 45’ listed. Mr. Durfee clarified that a maximum of 45’ was only for the
179   Preservation District-Industrial and the Industrial District.
180
181   Mr. Nye referred to the proposed option #2 for the Town Center area stating that, “… For a
182   proposed development previously having a Planning Commission approved Master Plan, single-use
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      ESSEX SELECTBOARD                                                                 July 12, 2004

183   building may be allowed subject to Planning Commission approval.” He wondered if there were
184   statistics showing the percentage of commercial vs. residential in the Town Center area. Durfee
185   responded that under the existing regulations, the HDI parcel had a calculated formula on how to
186   reach the housing and commercial square footage, and that was derived from being in a Planned
187   Unit Development (PUD) to capitalize on the density bonus for housing. Within our existing
188   regulations there isn’t a density maximum for commercial other than building height of 40’.
189
190   Referring to option #2, Mr. Nye asked if the Dostie property currently with a Master Plan would be
191   allowed 100% residential development. Mr. Durfee responded that this section was under the PUD,
192   which required having a mixture of residential and commercial. Option #2 was basically saying
193   that if a Town Center PUD were to obtain a Planning Commission approved Master Plan, they
194   would need a mix of residential and commercial. In the existing regulations, there is nothing that
195   stops someone from building an all-residential project on the Dostie parcel but they wouldn’t get a
196   density bonus.
197
198   Mr. Carr asked if there was something to govern the mix of what level of commercial/residential
199   development. He didn’t feel option #2 covered the issue as discussed during the last meeting. He
200   wanted to see a way to be fair to the adjacent property owner that the Town has been working with
201   for years to maintain a certain percentage of commercial/residential. To have a property be allowed
202   100% residential right next door would not be fair. Mr. Durfee stated he would research the
203   question and prepare a draft amendment before the before handing it over to the Planning
204   Commission. Mr. James suggested that the Selectboard be shown what connection the proposed
205   amendment would have on commercial mix in the area.
206
207   Mr. Nye thought the first and second proposed amendments were pretty clear-cut. He wondered if
208   the time needed for study of the third proposed amendment would delay the process. Mr. Durfee
209   stated he understood what the Selectboard wanted and would be able to incorporate it. Mr. Nye
210   clarified that the Selectboard wanted to ensure that there remains a commercial/residential mix in
211   the Town Center and that it be fair between parcels.
212
213   Mr. James stated the consensus was to continue with proposed Zoning Amendments 1 and 2 and
214   further research number 3, option #2.
215
216   Referring to the Citizen’s Survey in the Selectboard packets, Mr. Durfee asked that the Selectboard
217   notify him as soon as possible if they wanted any cross tabulations done.
218
219   Encumbrance of FYE 04 Budget
220
221   Mr. Durfee referred to the memorandum dated July 2, 2004 regarding encumbrances of FYE 04
222   Budget for Professional Services. The Selectboard previously approved funding from FYE 04 for
223   studies in the Town Center and Susie Wilson Road area. There were some unencumbered funds
224   from FYE 04 that should be encumbered in the upcoming fiscal year so that they can hire
225   professional consultants to resolve the pending questions and issues with regards to the Susie
226   Wilson and Town Center areas.
227
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      ESSEX SELECTBOARD                                                                July 12, 2004

228   ALAN NYE MOVED TO APPROVE $11,000 OF THE BUDGET FOR PROFESSIONAL
229   SERVICES TO ASSIST WITH TOWN PLAN AND ZONING AMENDMENTS. THE
230   MOTION DIED FOR LACK OF A SECOND.
231
232   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO
233   APPROVE AN AMOUNT OF $24,500 TO BE ENCUMBERED FOR PROFESSIONAL
234   SERVICES TO ASSIST WITH TOWN PLAN AND ZONING AMENDMENTS.
235
236   Mr. Nye opposed feeling that some of the money could be placed into a Capital Construction Fund
237   for office space.
238
239   Mr. Carr felt that the Selectboard should move forward as quickly as possible on the Town Plan
240   issues and wanted to make sure there was enough money set aside for staff to obtain expertise.
241
242   THE MOTION PASSED 3-1. (NYE OPPOSED).
243
244   Commercial Motor Vehicle Enforcement – David Demag
245
246   Chief Demag explained the issue was to inform the Manager and Selectboard of intentions to begin
247   a program of enforcement relating to commercial motor vehicle enforcement. The Department
248   would start out very slowly and work with the Department of Motor Vehicles to be involved with
249   some of the enforcement initiatives. They wanted to start out slowly because of the expense of the
250   equipment needed and also personnel resources as it would be very time consuming. They would
251   start out in partnership with the Vermont Department of Motor Vehicles and as opportunities
252   presented themselves, they would purchase the equipment.
253
254   Mr. James asked if other communities in the area did commercial motor vehicle enforcement.
255   Chief Demag replied most did not for the reasons he stated above. However he felt it was
256   worthwhile because one overloaded truck had the impact of thousands of vehicles traveling the
257   roadway, which impacts the infrastructure.
258
259   Ms. Myers asked if there was already a weight-limit in place for Essex. Chief Demag stated there
260   was an 80,000-pound rule and the main roadways have those limits in place. Mr. Lutz responded
261   that the Department would have to follow state statutes where there were specific regulations
262   depending on what was being carried and how many axels were on the vehicle.
263
264   Mr. James asked if most of the commercial traffic in Essex was done on state roadways. Mr. Lutz
265   replied that most traffic did travel on state roadways but from there went to other Town owned
266   roads such as Susie Wilson Road, Kellogg Road and Sand Hill Road. Most of those roads were
267   posted.
268
269   Mr. Scheidel asked if Essex saw any portion of the state permit money needed. Mr. Lutz stated the
270   permit amounts were minimal.
271
272   Selectboard consensus was to support the recommendation of the Police Chief to pursue a
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      ESSEX SELECTBOARD                                                                   July 12, 2004

273   partnership with the Department of Motor Vehicles on Commercial Motor Vehicle Enforcement at
274   no cost to the Town. There was no vote taken.
275
276   Old State Village/Heritage Bike Path to VT 15 – Dennis Lutz
277
278   Mr. Lutz stated the issue was whether or not the Selectboard should approve the actions
279   recommended by the Public Works Department to award the design contract on the referenced
280   project and to approve an increase in funding.
281
282   There were a number of items that drove up the cost including the survey, stormwater and wetland
283   issues. All of the firms that submitted quotes were above the estimate of $15,000. Two had
284   estimated similar man-hours but the third was estimated with lower man-hours and not indicative of
285   the work to be done. The other concern was how the project would be funded. They could use the
286   remaining money set aside for this project but there will still be a shortfall. Additional money
287   could come from the money set aside in the Capital Budget to scope a sidewalk route along VT 15
288   near McDonalds, and also from the VT 15 bike path where there appears to be little chance for
289   grant money in the near future.
290
291   He recommended that the design contract for the Old Stage Village/Heritage Path be awarded to
292   Lamoureux and Dickinson Consulting Engineers and be funded from the approved Capital Fund,
293   the residual funds in the Homestead Design Path account, the money budgeted for a study of the VT
294   15 path near McDonalds and the funds previously designated for the VT 15 path in the Capital
295   Fund.
296
297   Mr. Nye felt that going back to the lowest bidder and asking if they felt comfortable with the
298   estimated amount of man-hours would give the Selectboard better information. Mr. Lutz stated
299   without the project being well defined, it was difficult to set up as a lump sum contract not to
300   exceed a certain amount. He had no problem going back to the lowest bidder to discuss the man-
301   hours. He recommended that the board approve the funding at this point.
302
303   JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO AWARD A
304   CONTRACT, AT STAFF’S DISCRETION, TO THE LOWEST CONTRACT BIDDER FOR
305   A TOTAL BUDGET NOT TO EXCEED $35,000 TO BE FUNDED FROM THE APPROVED
306   CAPITAL FUND ($15,000), THE RESIDUAL FUNDS IN THE HOMESTEAD DESIGN
307   PATH ACCOUNT ($13,000), THE MONEY BUDGETED FOR A STUDY OF THE VT 15
308   PATH NEAR MCDONALDS ($3,000) AND THE FUNDS PREVIOUSLY DESIGNATED
309   FOR THE VT 15 PATH IN THE CAPITAL FUND ($4,000). THE MOTION PASSED 4-0.
310
311   Municipal Park and Ride Grant Application – Dennis Lutz
312
313   Mr. Lutz reported there was only $100,000 in available in state money for a municipal park and
314   ride. The only place that looks feasible at this point for a park and ride was on Route 2A near the
315   landfill. From earlier estimates that would take a large portion of state money that he didn’t believe
316   was available. The plan the Department was working on currently was the Jericho Road bike path
317   and as part of that bike path they would like to fix up some things in the Town Common area which
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      ESSEX SELECTBOARD                                                                  July 12, 2004

318   might tie into a Park and Ride. Right now there was overhead power that serviced two houses and
319   an overhead pole that serviced the Town Christmas tree. They would like to place lights around the
320   green similar to Memorial Hall and narrow the road that goes through the common to expand the
321   green. Since that would eliminate some of the parking area, they plan to take a portion of the area
322   in front of the cemetery, place a freestanding light and dedicate the area to 10 parking spaces. The
323   State Grant would call a portion of the lighting and the Town Common road eligible, but would not
324   encumber all of the paving.
325
326   Mr. Lutz felt it wasn’t something that had to be done, but the thought process was that if the Board
327   went ahead with the design, the parking area could be part of a municipal park and ride. Mr. Lutz
328   stated he hadn’t approached the cemetery commission yet.
329
330   Mr. Nye explained his concern was that a park and ride in that area would eliminate the overflow
331   parking spaces available to the library. There were times when cars had to park in the Town
332   Common area because there was no space at the library. There were also small businesses that use
333   parking areas.
334
335   Ms. Myers asked if changes already planned for the Town Common area would eliminate the
336   parking spaces anyway. Mr. Lutz stated traffic would be kept off the green and also off the road
337   because it was narrow. Part of the plan was to make the road one-way coming in from Route 15
338   with the other area being 2 lanes with no parking. However if a Park and Ride restricts the Town’s
339   use of parking, then it may not be in the best interest of the Town. He would need to research any
340   restrictions on a park and ride facility.
341
342   Mr. Lutz recommended that if the Board were in favor of the Municipal Park and Ride, then he
343   could raise the question to the state to find out if general parking would be available.
344
345   LINDA MYERS MOVED AND ALAN NYE SECONDED A MOTION TO APPROVE
346   SUBMITTAL OF A GRANT APPLICATION FOR A MUNICIPAL PARK AND RIDE.
347
348   Ms. Francis recommended that a follow-up be done with the Cemetery Commission as well as the
349   Planning Commission for Site Plan.
350
351   THE MOTION PASSED 4-0.
352
353   Resignation of Willard Bickford from Loan Review Committee
354
355   ALAN NYE MOVED AND JEFFREY B. CARR SECONDED A MOTION TO ACCEPT
356   THE LETTER OF RESIGNATION FOR BILL BICKFORD AND TO ADOPT A
357   RESOLUTION OF APPRECIATION FOR HIS SERVICE. THE MOTION PASSED 4-0.
358
359   Mr. James read a Resolution of Appreciation for Willard Bickford’s service to the Town as a
360   member of the Loan Review Committee for the Partnership Fund.
361
362   Minutes of June 21, 2004
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      ESSEX SELECTBOARD                                                                July 12, 2004

363
364   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO
365   APPROVE THE MINUTES OF JUNE 21, 2004 WITH THE FOLLOWING CORRECTION:
366    Line 239: Move ‘I’ to the beginning of the following line to begin the word ‘Indian’. THE
367   MOTION passed 4-0.
368
369   Mr. James noted that the Minutes of June 10, 2004 had already been approved on June 21, 2004.
370
371   CONSENT AGENDA
372
373   JEFFREY B. CARR MOVED LINDA MYERS SECONDED A MOTION TO ACCEPT THE
374   CONSENT AGENDA WITH SELECTBOARD COMMENTS AS INDICATED.
375
376   Check Warrant Reports 6/9, 6/17, 6/25, 6/30, 7/2/04
377   Copy of Article from National Parks and Recreation Monthly Magazine
378   Press Release from Vt. Agency of Transportation
379
380   Agendas
381   VT Rail Council 7/14/04
382   CCMPO Public Hearing Notice 7/21/04
383
384   Minutes
385   CCTA 5/26/04
386   Planning Commission 5/27/04
387   CSWD 6/23/04
388
389   Letters
390   To Mr. & Mrs. M. Remillard from D. Lutz regarding Accessory Apartment
391   To Town Clerk from Agency of Natural Resources regarding Authorization to Discharge
392            Stormwater Runoff
393
394   Memos
395   From Herb Durfee to Conservation Committee regarding Brown’s River Phase I Geomorphic
396          Assessment Result
397   From Department of Taxes to Selectboard regarding fiscal year 2005 Educational Tax Rates
398   From Dawn Francis to Manager/Selectboard regarding Vt. Planning Division Newsletter
399   From Department of Education to Selectboard regarding Resolution on Obesity, Physical
400          Activity and Nutrition
401   From David Demag to Leo Nadeau regarding Commendation
402   Mr. James stated he read this memo with a great deal of pride and it was clear that Mr. Nadeau went
403   above and beyond the call of duty to accomplish the items listed in the commendation.
404
405
406   EXECUTIVE SESSION

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      ESSEX SELECTBOARD                                        July 12, 2004

407
408   AT 9:17 P.M. JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO
409   ENTER EXECUTIVE SESSION TO DISCUSS PERSONNEL, CONTRACTS AND
410   PENDING LITIGATION TO INCLUDE THE TOWN MANAGER, DEPUTY TOWN
411   MANAGER AND POLICE CHIEF. THE PREMATURE PUBLIC KNOWLEDGE OF THE
412   ISSUES TO BE DISCUSSED IN THE EXECUTIVE SESSION WOULD PLACE THE
413   MUNICIPALITY AT A SUBSTANTIAL DISADVANTAGE. THE MOTION PASSED 4-0.
414
415   DAVID DEMAG LEFT THE EXECUTIVE SESSION AT 9:45 P.M.
416   DAWN FRANCIS LEFT THE EXECUTIVE SESSION AT 10:42 P.M.
417
418   AT 10:56 P.M. ALAN NYE MOVED AND JEFFREY B. CARR SECONDED A MOTION
419   TO EXIT EXECUTIVE SESSION. THE MOTION PASSED 4-0.
420
421   ALAN NYE MOVED AND JEFFREY B. CARR SECONDED A MOTION TO RATIFY THE
422   PROMOTION PROCESS FOR POLICE CORPORALS AND SERGEANTS. THE
423   MOTION PASSED 4-0.
424
425   ALAN NYE MOVED AND JEFFREY B. CARR SECONDED A MOTION TO AUTHORIZE
426   THE SELECTBOARD CHAIR TO EXECUTE THE PERSONNEL ACTION FORM FOR
427   THE TOWN MANAGER. THE MOTION PASSED 4-0.
428
429   AT 10:59 P.M. JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION
430   TO ADJOURN. THE MOTION PASSED 4-0.
431
432
433
434   Respectfully submitted,
435   June M. Campbell
436
437   June M. Campbell
438   Recording Secretary
439
440   Approved this _______________ day of _________, 2004.
441
442   (See minutes of this date for corrections, if any).
443
444   _______________________________
445   Thomas W. Torti, Clerk, Selectboard
446
447   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)




      Draft                                             10
 1                                           TOWN OF ESSEX
 2                                            SELECTBOARD
 3                                              MINUTES
 4                                             August 2, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Jeffrey B. Carr, Thomas Torti, Alan Nye and Linda Myers.
 7
 8   OTHERS PRESENT: Patrick Scheidel, Town Manager; Dawn Francis, Deputy Town Manager;
 9   David Demag, Chief of Police; Rick Gary, Howard Rice Jr., Tom Richards and Kenneth Petrie.
10
11   Mr. James called the meeting to order at 7:30 p.m.
12
13   PLEDGE OF ALLEGIANCE
14   Mr. James invited those present to join him in reciting the “Pledge of Allegiance.”
15
16   PUBLIC TO BE HEARD
17
18   Thomas Torti recognized three State Championship teams in Essex – a Little League team from the
19   Village, a Girl’s Softball team that included girls from the Town and Village and a Babe Ruth
20   Championship from the Town. He congratulated the kids, parents and coaches.
21
22   Linda Myers recognized the Essex American Legion Team for winning the District Championship
23   and acknowledged her next-door neighbor, Josh Jacobs, who was voted most valuable player in the
24   tournament.
25
26   Kenneth Petrie, of Junction Development Company, LLC, 76 Pearl Street spoke regarding a letter
27   he sent to the Selectboard dated July 29, 2004. The letter referred to his two-acre parcel of land on
28   Susie Wilson Road that he had been trying to develop for over four years but was unable to obtain
29   usable permits from the Town. After several tries, he approached the Selectboard who in response
30   established a Susie Wilson Road Committee, which came up with some good ideas. He believed
31   the report from the Committee and the results of the Citizens’ Survey indicated support for
32   changing Susie Wilson Road to mixed use. The Selectboard came up with a list of items, which was
33   sent to the Planning Commission to draft zoning amendment changes. He stated that at the last
34   Selectboard Meeting, it was recommended to wait another two and a half years before taking action
35   and questioned why they would wait that long since it seemed to be what the people wanted. He
36   was told that zoning might be changed to allow existing properties to be converted to congregate
37   housing and recommended making it a permitted use instead of a conditional one. Mr. Petrie also
38   suggested making the B-1 Zone of Susie Wilson Road a high-density, multi-family area, with 1-2
39   bedrooms. Also, allowing four-story buildings would help reduce the cost of development.
40   Referring to density, he suggested allowing the same density as congregate housing would allow.
41
42   Mr. Torti responded that he didn’t have a problem with allowing congregate housing and mixed use
43   in the Susie Wilson Road area or with allowing congregate housing as a permitted use. He
44   suggested offering guidance to the Planning Commission on these issues.
45
46   Mr. Carr noted that Mr. Petrie has had an issue for quite a while. What Mr. Petrie had proposed
47   was consistent with what was found in the studies and he wondered how to direct the Planning
     ESSEX SELECTBOARD                                                               August 2, 2004

48   Commission so they would have a sense of the Selectboard’s thoughts on certain issues. Mr. Carr
49   stated he wouldn’t have a problem with the Planning Commission moving forward on these issues.
50
51   Ms. Myers stated that because the Citizens’ Committee Report supported congregate housing, she
52   would support congregate housing in the Susie Wilson Road area.
53
54   Mr. Nye recognized that Mr. Petrie hadn’t been able to develop his property over a considerable
55   period of time. He couldn’t believe the Town let development outside of Town drive what could be
56   done in Town. When he read the Citizens’ Report he wasn’t sure if they looked at the impact of
57   allowing high-density housing as a permitted use, and that was an item he would want researched
58   before moving forward with the issue. Allowing congregate housing as a conditional use would be
59   less of an impact. He would be more than happy to move forward, but believed time was needed to
60   think about high-density housing in the area and how it would affect the zone.
61
62   Mr. James stated consensus was to do something along the lines of what Mr. Petrie had suggested.
63   He recommended the Selectboard give direction to the Planning Commission that it would be
64   appropriate to move forward on changing Susie Wilson Road to Mixed Use and allow congregate
65   housing.
66
67   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION TO
68   INFORM THE PLANNING COMMISSION THAT THE SELECTBOARD
69   UNANIMOUSLY DECIDED TO MOVE FORWARD WITH THE IDEAS OF CHANGING
70   THE ZONING ON SUSIE WILSON ROAD TO MIXED USE AND ALSO TO ALLOW
71   CONGREGATE HOUSING TO BE A PERMITTED USE. IF THE PLANNING
72   COMMISSION MOVES FORWARD WITH THESE CHANGES, THE SELECTBOARD
73   WOULD BE INCLINED TO ACCEPT THEM. THE MOTION PASSED 5-0.
74
75   Mr. James stated that the Selectboard was not suggesting the Planning Commission allow the four-
76   stories Mr. Petrie suggested, but they expected the Planning Commission would recommend an
77   appropriate maximum height.
78
79   BUSINESS
80
81   In-Car Camera – Chief David Demag and Detective Rick Garey
82
83   Chief David Demag reported this was his third time in front of the Selectboard on this issue. In the
84   past two years the Selectboard had dedicated Block Grant Funds for the purpose of in-car video
85   systems in the amount of $20,714. During those two years, the department had been evaluating in-
86   car systems. They came up with four vendors, and out of those had decided that Decatur
87   Electronics was the best system for the department to achieve what they want to accomplish.
88   Decatur has a digital system with a wide variety of features. One of the advantages is the unit can
89   be installed inside the compartment of the cruiser where some of the other companies have it in the
90   trunk of the car. Also with digital you get a higher quality video and audio. The company has been
91   around for 50 years and is reputable. If there was a problem, the repairs are done in Exeter, NH,
92   which was a positive feature. This system would be able to store up to 90 days worth of video. If
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      ESSEX SELECTBOARD                                                                August 2, 2004

 93   the department needs evidence, they can burn it onto a CD from the video.
 94
 95   They’ve checked references with regards to the system and company in the Westlake, Ohio Police
 96   Department, Lake Hills Police Department in Illinois and Escondido, California Police Department.
 97   The in-car video system would enhance State prosecutions of defendants, and protect officers from
 98   unwarranted citizen complaints.
 99
100   To move forward with the project, they are recommending using Equitable Sharing Funds in the
101   approximate amount of $43,907 to offset the grant funds they already had.
102
103   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION TO
104   AUTHORIZE THE EXPENDITURE OF APPROXIMATELY $43,907 IN EQUITABLE
105   SHARING FUNDS FOR THE PURCHASE AND INSTALLATION OF SEVEN (7) IN-CAR
106   VIDEO/AUDIO RECORDING SYSTEMS FOR VEHICLES OPERATED BY THE ESSEX
107   POLICE DEPARTMENT.
108
109   Mr. Nye reported that in the distant pass, the Selectboard approved systems for three patrol cars.
110   He asked if those systems were still in operation. Chief Demag stated one still was in operation off
111   and on. Mr. Nye expressed his concern of the on-going cost of purchasing equipment, and his
112   surprise that the Department was not currently utilizing the three systems previously approved.
113
114   Mr. James asked if there were other departments in Vermont using similar equipment. Chief
115   Demag stated there were other departments using digital, but this system was a little different
116   because it could be installed in the cab, and was a self-contained unit with a touch screen. At the
117   end of the shift the officer would take the hard drive out and download it into the computer. Part of
118   the cost of this system was the storage needed for the large video files. This system has the most
119   up-to-date technology.
120
121   Jeffrey Carr asked what the expected shelf life was for the system. Detective Garey replied the part
122   most likely to fail would be the hard drive, which was usual for systems after a period of time.
123
124   THE MOTION PASSED 5-0.
125
126   EOC Communication – Chief David Demag
127
128   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO
129   AUTHORIZE THE POLICE DEPARTMENT TO SPEND APPROXIMATELY $8,500
130   FROM EQUITABLE SHARING FUNDS TO ACQUIRE A TELEPHONE SYSTEM AND A
131   COMBINATION COPIER, PRINTER AND FAX MACHINE THAT WILL BE
132   INSTALLED IN THE TOWN’S EMERGENCY OPERATIONS CENTER/SECONDARY
133   DISPATCH CENTER LOCATED AT THE TOWN FIRE STATION ON SAND HILL
134   ROAD.
135
136   Mr. Nye asked if the Fire Department would be able to use the copier, printer and fax machine
137   during non-emergencies. Chief Demag replied the system was designed to be used during non-
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      ESSEX SELECTBOARD                                                              August 2, 2004

138   emergencies.
139
140   THE MOTION PASSED 5-0.
141
142   No Parking Zone Request
143
144   Mr. Scheidel reported a citizen had requested that they consider amending Title 7, Vehicles and
145   Traffic, Chapter 7.20 Parking of the Town of Essex Municipal Code to designate no parking zones
146   on Douglas Road and Towers Road. The total cost would be approximately $1,000. Staff has
147   reviewed the request and recommends that the Selectboard direct them to warn the Public Hearing
148   for designating a no-parking zone along Towers Road but are not recommending a no parking zone
149   along Douglas Road.
150
151   ALAN NYE MOVED AND LINDA MYERS SECONDED A MOTION TO DIRECT THE
152   STAFF TO WARN A PUBLIC HEARING FOR THE PURPOSE OF DESIGNATING A ‘NO
153   PARKING ZONE’ ALONG TOWERS ROAD FROM A POINT 300 FEET SOUTH OF THE
154   INTERSECTION WITH DOUGLAS ROAD NORTH TO A POINT 1,000 FEET SOUTH
155   FROM THE INTERSECTION WITH OLD STAGE ROAD, A TOTAL DISTANCE OF
156   1,500 FEET ON BOTH SIDES OF TOWERS ROAD.
157
158   Mr. Nye recommended that prior to the hearing, the Selectboard receive a plan marking the location
159   of proposed signage on Towers Road and houses along Douglas and Towers Road.
160
161   THE MOTION PASSED 5-0.
162
163   Girl Scout Request to Build a Gazebo
164
165   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO
166   AUTHORIZE THE TOWN MANAGER TO SIGN AN APPLICATION FOR A SITE PLAN
167   AMENDMENT TO ALLOW THE CONSTRUCTION OF A GAZEBO ON THE EAST
168   LAWN OF THE ESSEX FREE LIBRARY BY EMILY FUCHS OF SENIOR GIRL SCOUT
169   TROOP #397.
170
171   Ms. Myers asked for the location of the gazebo in reference to the map. The location for the gazebo
172   was between the Montessori School and Library.
173
174   THE MOTION PASSED 5-0.
175
176   Community Assistance Grant Program
177
178   Thomas Torti excused himself from hearing this item of business because being Commissioner of
179   Department of Buildings and General Services, he was responsible for developing rules and
180   selection criteria for the program.
181
182   Mr. Scheidel stated the Town was notified of the availability of $450,000 statewide from 2004
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      ESSEX SELECTBOARD                                                              August 2, 2004

183   Community Assistance Grant Program administered by the State of Vermont, Department of
184   Buildings and General Services. The Town wished to seek approval from the Selectboard to re-
185   apply and also give approval on the suggested projects for priority regarding this grant. The
186   suggested projects were: property and costume storage for Memorial Hall; playground equipment
187   for Foster Road Park; additional books for Essex Free Library and/or the Youth Programs;
188   assistance with the gazebo proposed by the Girl Scouts; landscaping and parking for the Town
189   Common in association with the new transportation path construction; and preparation of a master
190   plan and/or development of trails/resource maps for Saxon Hill area.
191
192   LINDA MYERS MOVED JEFFREY B. CARR SECONDED A MOTION TO AUTHORIZE
193   THE TOWN MANAGER TO FORWARD THE GRANT APPLICATION TO THE STATE
194   OF VERMONT DEPARTMENT OF BUILDINGS AND GENERAL SERVICES FOR A
195   PROJECT TO BE DETERMINED. THE MOTION PASSED 4-0.
196
197   Mr. James stated his preference for using the grant money would be for property and costume
198   storage for Memorial Hall.
199
200   Mr. Nye questioned why the basketball court, which was something the Selectboard felt deserved
201   funding last year, wasn’t on the list. He recommended that the Selectboard choose items that were
202   active and affected people in the community such as playground equipment, a basketball court or
203   books.
204
205   Ms. Myers stated her preferences were playground equipment, books and landscaping and parking
206   for the Town Commons.
207
208   Mr. Carr felt there was value in each item listed.
209
210   Mr. James reported two members were clearly in favor of playground equipment and since that was
211   the only item listed for funding more than once, the recommended direction to staff was to use the
212   funding for playground equipment.
213
214   Tax Stabilization
215
216   Mr. Scheidel reported the issue was whether or not the Town would enter into a tax stabilization
217   agreement with the Miller Realty Group for the property at 5 New England Drive, formerly known
218   as the Champion Jogbra site and, if so, what form such an agreement would follow.
219
220   Mr. Torti excused himself from hearing this business item, as he is Commissioner of the
221   Department of Buildings and General Services and involved in the Technical Center project.
222
223   Mr. Scheidel stated the purpose of the request was Mr. Miller, the owner of the building, had kept
224   the building open for three years while decisions were being made about the technical academy. He
225   asked that the Town waive the municipal portion of the tax bill for FYE 2005, and if the vote for
226   the Academy were approved, this amount would be paid back. The municipal taxes based on the
227   2003-04 tax rate of $0.474 were $27,266. The tax rate for 2005 hadn’t been set yet.
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      ESSEX SELECTBOARD                                                                  August 2, 2004

228
229   The Town’s tax stabilization policy criterion required three of the four criteria be met. It was found
230   that all four would be met. The potential cost would be $27,266 and it was staff’s recommendation
231   that the Selectboard authorize the Town Manager to enter into a tax stabilization agreement with
232   the Miller Realty Group.
233
234   ALAN NYE MOVED AND LINDA MYERS SECONDED A MOTION TO AUTHORIZE
235   THE TOWN MANAGER TO ENTER INTO A TAX STABILIZATION AGREEMENT
236   WITH THE MILLER REALTY GROUP FOR 5 NEW ENGLAND DRIVE IN
237   ACCORDANCE WITH THE PARAMETERS LISTED IN A MEMO FROM RANDY
238   VIENS AND DAWN FRANCIS TO THE SELECTBOARD DATED JULY 28, 2004
239   REGARDING TAX STABLIZATION AGREEMENT FOR THE MILLER REALTY
240   GROUP.
241
242   Mr. Carr felt that this was a special and important project and he was in support of tax stabilization
243   even if the four criteria were not met.
244
245   THE MOTION PASSED 4-0.
246
247   Tax Rate
248
249   Mr. Scheidel stated the issue was twofold: what amount, if any, of the fund balance was available to
250   apply to the tax rate for FYE June 30, 2005 and what the new tax rate will be. There will be
251   approximately $500,000 at the start of the Fiscal Year to mitigate future tax appeals. Therefore,
252   staff recommends, in part, that no money from the fund balance be used. The combined general
253   and capital rate of $.422 represents an increase over last year’s combined rate ($.394) of $.028 or
254   7.1%. If that were the only decision to make, a person owning a $150,000 property would pay $42
255   more than the previous year. However, because the education piece needed to be factored in, the
256   total tax rate would go down 17.5% from last year. With a total tax rate of $2.5689 or $2.5461
257   (Homestead or Non-Residential) there would be a decrease of $.391 or $.4199 respectively. This
258   tax rate would result in a $596 decrease on a residence valued at $150,000 or $630 on Non-
259   Residential property valued at $150,000.
260
261   Mr. Scheidel recommended not taking any money from the Fund Balance to offset the tax rate and
262   setting the tax rate for Fiscal Year ending July 30, 2005 as follows:
263
264   Town Highway                          $   .0800
265   Town General Fund                     $   .4120
266   Town Capital                          $   .0100
267     Total Municipal Rate                $   .5020
268
269   Homestead Education Rate              $2.0669
270   Non-Residential Education Rate        $ 2.0441
271
272      Total Rate – Homestead             $2.5689
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      ESSEX SELECTBOARD                                                               August 2, 2004

273      Total Rate – Non-Residential      $ 2.5461
274
275   ALAN NYE MOVED AND JEFFREY B. CARR SECONDED A MOTION TO SET THE
276   TOWN TAX RATE FOR THE FISCAL YEAR ENDED JUNE 30, 2005 AT $2.5689 FOR
277   HOMESTEAD AND $2.5461 FOR NON-RESIDENTIAL.
278
279   THE MOTION PASSED 5-0.
280
281   Mr. Nye suggested moving a piece of the Fund Balance into the Capital Construction Fund
282   established last year which could get taken back if there were issues of a higher priority. He
283   suggested an amount of $250,000 to $300,000 be set aside. This would set a priority for the money
284   for items such as a municipal facility. Mr. Scheidel stated the money would go from an unreserved
285   status to a reserved status.
286
287   Ms. Myers wanted to make it clear that if the money were placed in reserve it would still be
288   available for other issues the Selectboard deemed appropriate.
289
290   Mr. Carr asked if the funds could be used for studies, construction, or permitting of the Municipal
291   Building. He was uncertain of such a large amount of money being placed aside. He stated if Staff
292   was comfortable placing that much money in reserve he would approve it. Mr. Scheidel reported
293   $250,000 was half of the amount available in the Fund Balance.
294
295   ALAN NYE MOVED AND THOMAS TORTI SECONDED A MOTION TO PLACE
296   $250,000 OF THE 2004 FUND BALANCE INTO THE CAPITAL RESERVE FUND.
297
298   THE MOTION PASSED 5-0.
299
300   Minutes of July 12, 2004
301
302   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
303   ACCEPT THE MINUTES OF JULY 12, 2004 WITH THE FOLLOWING CORRECTIONS:
304              Line 53: delete space before ‘He’ and replace ‘lead’ with ‘led’. Line 118: Replace ‘Mr.
305   Torti’ with ‘Jeff Carr’. Line 153: replace ‘mission’ with ‘missing’.
306
307   THE MOTION PASSED 5-0.
308
309   Bond Vote Schedule
310
311   Mr. Scheidel explained that if the Selectboard decides to continue going forward with the
312   Municipal Building, they would still need to follow the Bond Vote schedule using the State
313   regulations. Staff recommended that the Selectboard review the schedule and strategy of the 2004
314   Municipal Building Proposal Statutory Process and Time Line for Bond Vote attached to Staff’s
315   memo to the Selectboard dated July 28, 2004, and establish dates for public informational meetings
316   on the municipal building proposal to comply with bond requirements and building requirements.
317
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      ESSEX SELECTBOARD                                                               August 2, 2004

318   Mr. James noted the first public informational meeting according to the previous schedule was
319   August 16, 2004. Mr. Scheidel reported the Selectboard would have a regularly scheduled meeting
320   on September 13, 2004, and if they had the public meeting on August 16 they could vote on a
321   “Necessity Resolution” on September 13 and prepare the warning.
322
323   Ms. Francis stated there wasn’t a requirement for two Public Hearings before the vote – there was
324   only a requirement for one informational meeting before the November vote, although the
325   Selectboard may choose to do more. They would need to establish the date for an informational
326   hearing which could be either Monday, October 28 or the night before the vote on November 1,
327   2004.
328
329   Mr. James noted that if the decision were tabled until the August 16th meeting when they would
330   have more information, they could still have two informational meetings. Mr. Nye agreed. Mr.
331   James recommended tabling this item until the August 16, 2004 meeting.
332
333   CONSENT AGENDA
334
335   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
336   ACCEPT THE CONSENT AGENDA WITH SELECTBOARD COMMENTS AS
337   INDICATED.
338
339   Check Warrants 7/9, 6/17 and 7/24/04
340   Whitcomb Woods Housing Land Use Permit
341   Agency of Transportation Land Use Permit
342
343   Minutes
344   Champlain Water District 6/8 and 6/29/04
345   CCTA 6/23/04
346   Ms. Myers noted there was a page missing in the CCTA minutes.
347
348   Letters
349   To R. & K. Reynolds from Mark Berry regarding Cemetery Fence
350   To Cheryl Moomey from Agency of Natural Resources regarding Authorization to Discharge
351          Stormwater Runoff
352   To Cheryl Moomey from Dept. of Taxes regarding Order to Reappraise
353   Mr. Scheidel reported this item was slated for the August 16, 2004 Selectboard Meeting.
354
355   Memos
356   To Selectboard from Pat Scheidel regarding Building Design
357   To Pat Scheidel & Selectboard from Dennis Lutz regarding Storm Water Permits
358   To Pat Scheidel from Cheryl Moomey regarding Third Class Liquor License
359   To Selectboard from Patrick Scheidel regarding August 16th Meeting
360
361   THE MOTION PASSED 5-0.
362
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      ESSEX SELECTBOARD                                         August 2, 2004

363
364   EXECUTIVE SESSION
365
366   AT 8:37 P.M. JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO
367   ENTER EXECUTIVE SESSION TO DISCUSS PERSONNEL AND CONTRACTS TO
368   INCLUDE THE TOWN MANAGER AND DEPUTY TOWN MANAGER. THE
369   PREMATURE PUBLIC KNOWLEDGE OF THE ISSUES TO BE DISCUSSED IN THE
370   EXECUTIVE SESSION WOULD PLACE THE MUNICIPALITY AT A SUBSTANTIAL
371   DISADVANTAGE. THE MOTION PASSED 5-0.
372
373   AT 9:50 P.M. JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO
374   EXIT EXECUTIVE SESSION. THE MOTION PASSED 5-0.
375
376   JEFFREY B. CAR MOVED AND THOMAS TORTI SECONDED A MOTION TO AMEND
377   THE PERSONNEL GUIDELINES TO INDICATE A PREFERENCE FOR, BUT NOT
378   REQUIRE RESIDENCY IN THE TOWN OF ESSEX FOR THE TOWN CLERK AND
379   ASSISTANT TOWN CLERK. THE MOTION PASSED 4-1 (Alan Nye opposed).
380
381   AT 9:55 P.M. LINDA MYERS MOVED AND JEFFREY B. CARR SECONDED A MOTION
382   TO ADJOURN THE MEETING. THE MOTION PASSED 5-0.
383
384
385
386
387
388
389
390   Respectfully submitted,
391   June M. Campbell
392
393   June M. Campbell
394   Recording Secretary
395
396   Approved this _______________ day of _________, 2004.
397
398   (See minutes of this date for corrections, if any).
399
400   _______________________________
401   Thomas W. Torti, Clerk, Selectboard
402
403   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)




      Draft                                                 9
 1                                            TOWN OF ESSEX
 2                                             SELECTBOARD
 3                                                MINUTES
 4                                              August 16, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Jeffrey B. Carr, Alan Nye and Linda Myers.
 7
 8   OTHERS PRESENT: Patrick Scheidel, Town Manager; Dawn Francis, Deputy Town Manager;
 9   Dennis Lutz, Town Engineer/Public Works; Herbert Durfee III, Community Development Director;
10   Randy Viens, Assessor, Mark Berry, Parks and Recreation Director; Tim Basiliere, Doug Runne,
11   Ralph Runne, LeeAnn Runne, Adam Runne, Jim Basiliere, Mary Basiliere, Tyler Woods, Sue
12   Woods, Joyce Stannard, George Tyler and Dennis Delaney.
13
14   Mr. James called the meeting to order at 7:30 p.m.
15
16   PLEDGE OF ALLEGIANCE
17   Mr. James invited those present to join him in reciting the “Pledge of Allegiance.”
18
19   PUBLIC TO BE HEARD
20   Senator Dennis Delaney wanted to communicate his respect to the local government and announced
21   he was a candidate for office.
22
23   ALAN NYE MOVED AND LINDA MYERS SECONDED A MOTION TO AMEND THE
24   AGENDA TO PLACE THE RESOLUTION FOR EAGLE SCOUT AFTER EAGLE
25   SCOUTS SERVICE PROJECT. THE MOTION PASSED 4-0.
26
27   BUSINESS
28
29   Eagle Scout Service Project
30
31   Doug Runne stated he was there to present his proposal for an Eagle Scout project. His plan was to
32   demolish and rebuild a bus shelter for CCTA on Sand Hill Road next to the Fire Department.
33   CCTA was attempting to make all their bus shelters the same model and each kit for a shelter was
34   $9,000 with an additional $2,000 in labor. CCTA will save about $2,000 because the Eagle Scouts
35   will put the structure together. The Eagle Scouts will demolish the current shelter, then CCTA will
36   take the debris from the site and excavate, placing a concrete slab for the new shelter. At that point
37   CCTA will deliver a kit to Mr. Runne’s house. Once the assembly is done, CCTA will pick up and
38   deliver the shelter to its location and have a contractor lay down a copper roof.
39
40   ALAN NYE MOVED AND LINDA MYERS SECONDED A MOTION TO APPOVE THE
41   EAGLE SCOUT PROJECT FOR DOUG RUNNE AND AUTHORIZE THE TOWN
42   MANAGER TO SIGN THE PROJECT PLAN APPROVAL FORM.
43
44   Ms. Myers noted that she read it would be 2007 before CCTA would get to rebuilding this
45   particular bus shelter and it would be a benefit to get the current shelter, which was an eyesore, out
46   of there.
47
     ESSEX SELECTBOARD                                                               August 16, 2004

48   THE MOTION PASSED 4-0.
49
50   Resolution: Eagle Scout
51
52   Mr. James read a ‘Resolution of Appreciation’ recognizing Tyler Woods had been working towards
53   completing all of the requirements necessary to attain the rank of Eagle Scout; and the community
54   project Tyler Woods chose benefited the Town of Essex because of the improvements he made to
55   the camping area at Indian Brook; and he devoted many hours of time and other personal resources
56   to improve the quality of life in the Town of Essex.
57
58   ALAN NYE MOVED AND LINDA MYERS SECONDED A MOTION TO APPROVE THE
59   RESOLUTION OF APPRECIATION FOR TYLER WOODS ADOPTED AUGUST 16, 2004.
60   THE MOTION PASSED 4-0.
61
62   Revaluation Schedule – Randy Viens
63
64   Randy Viens explained the issue before the Board was whether the Town should begin the
65   reappraisal process following the order to reappraise by the Director of Property Valuation and
66   Review dated July 26, 2004. The order was sent because of statutory requirement of the
67   equalization ratio, which is the measurement to let the Towns know when they need to reappraise.
68   The Town’s equalization ratio is now at 75.34%, which was below the 80% minimum set in Title
69   32. sec. 4041a.
70
71   In order to comply, a reappraisal will not have to begin immediately, if within 30 days of the order,
72   the Town submits in writing that we are developing and will submit a compliance plan within 150
73   days. The detailed compliance plan should include budget evidence of sufficient funds to complete
74   reappraisal, copies of contracts or proposed contracts, and a schedule showing completion of
75   various appraisal activities.
76
77   The time frame outlines that request for proposals be sent out no later than September 15, 2004 with
78   proposals due by October 25. Selection of a firm would be decided by November 5 with
79   reappraisal to begin in 2005 (tentative pending firm’s current schedule) and completed by April 1,
80   2007.
81
82   Mr. Viens recommended that a letter be sent to the Director by August 25 stating that a detailed
83   compliance plan would be submitted within 150 days and also to approve the reappraisal time
84   frame as outlined in the order to reappraise and in Title 32 V.S.A. sec. 4041a.
85
86   ALAN NYE MOVED AND JEFFREY B. CARR SECONDED A MOTION TO DIRECT
87   ADMINISTRATION TO DEVELOP A LETTER SIGNED BY THE CHAIR TO THE
88   DIRECTOR OF PROPERTY VALUATION AND REVIEW AND DEVELOP A
89   COMPLIANCE PLAN TO BE SUBMITTED WITHIN 150 DAYS OF JULY 26, 2004 AND
90   THAT IT REFLECT THE REAPPRAISAL TIME FRAME OUTLINED BY THE
91   ASSESSOR IN A MEMO TO MANAGER/SELECTBOARD DATED AUGUST 12, 2004.
92
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      ESSEX SELECTBOARD                                                              August 16, 2004

 93   Mr. Carr asked how much money was in the reappraisal fund. Mr. Viens reported the last time he
 94   checked there was approximately $350,000, which didn’t include this year’s money of $40,000 to
 95   $50,000. Mr. Scheidel projected that the cost might come down because of the competition out
 96   there.
 97
 98   THE MOTION PASSED 4-0.
 99
100   Bike/Pedestrian Grant – Mark Berry
101
102   Mr. Berry reported the issue was whether or not the Selectboard would authorize the Town to apply
103   for a 2004 VTRANS Bike and Pedestrian Grant for segments of a path along the south side of VT
104   Route 15 in Essex Center. Grant money would allow Essex to construct a bike path from Saybrook
105   Drive to Sunset Drive (Segment #1) and from Sunset Drive to the traffic light by the Essex Square
106   Shopping Center (Segment 2).
107
108   This was a grant Essex had previously applied for, but was not awarded any money. The Town is
109   going back into two segments to make it more palatable and to provide alternatives. The
110   application is due October 1st. The construction of a path along Route 15 has been a high priority
111   project identified previously by the Trails Committee and the Selectboard, and most recently the
112   Recreation Needs Assessment listed it as one of the top five priorities.
113
114   Dennis Lutz had prepared a preliminary estimate of costs using the information from the Jericho
115   Road sidewalk/path now in the design phase. The cost estimates for the proposed grant are based
116   on a cost per linear foot of $230, which is the current estimate per foot for the Jericho Road
117   sidewalk/path.
118
119   Segment #1 from Saybrook Road to Sunset Drive was 1,330 feet. There were eight properties
120   along this length and the Town had acquired half of the easements. The cost of construction for this
121   segment including R.O.W. costs of $5,000, construction $305,900, engineering $65,000 and
122   administration $1,500 was approximately $377,400.
123
124   Segment #2, from Sunset Drive to the Shopping Center including a pedestrian crossing at the traffic
125   light was a length of 1,040 feet. There were nine properties one of which was Town owned. A
126   second landowner has granted a path easement and seven other easements will need to be obtained.
127    The cost of construction for this segment including R.O.W. costs of $30,000, construction
128   $279,200, engineering $60,000 and administration $2,000 was approximately $371,200. The two
129   segments combined would be $748,600.
130
131   A grant request for Segment #1 only would require a Town share of funding as follows: Developer
132   contributions $9,000 and Cash from Capital Budget $20,000 for a total of $29,000. If the local
133   share of Segment #1 is 20% then the Town’s share would be $75,480. This funding could be
134   managed by setting aside the $20,000 already allocated, maintaining the budget in FY06 at $22,365
135   and adding approximately $24,115 in FY 07. If only segment #1 is proposed, VTRANS could raise
136   the issue of connectivity at the Sunset end of the project, showing one piece of the larger puzzle.
137
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      ESSEX SELECTBOARD                                                               August 16, 2004

138   Alternative B, a Grant request for Segments #1 and #2 would raise the local share to approximately
139   $150,000. To fit the entire project funding within the three-year span would require $60,500 in
140   both FY06 and FY07. If both segments go forward at one time, the grant request is very large and
141   may hurt the Town’s chances to obtain funding. This year there are $2 million in grant money for
142   bike/pedestrian paths for the entire State.
143
144   Mr. Berry recommended that the Selectboard authorize the Town Manager to apply for a 2004
145   VTRANS Bike and Pedestrian Grant Program to construct a pathway along VT Route 15 in Essex
146   Center, either as Segment #1 or as the combination project of Segments #1 and #2.
147
148   Ms. Myers asked if the Town had applied last year. Mr. Berry stated this would be the third time
149   applying. The previous times were under Enhancement Grants and the Town was turned down.
150   Mr. Lutz reported that this time they tried to cut back to get the costs down.
151
152   Mr. Carr believed it was a positive move to continue to apply for the same improvements, and staff
153   had done a good job trying to find a way to make it easier to get funded.
154
155   Ms. Myers commented on the extravagant cost of the two segments. She had no objection to the
156   project and believed in it 100% yet so often people ask why it’s so difficult to build pathways and
157   aren’t aware of the costs associated with such projects.
158
159   Mr. James confirmed that there were two choices before the Board, either to go after funds for
160   segment one where the chances could be enhanced, or go after both where the cost increased
161   significantly.
162
163   Mr. Carr remembered the last time the application for the project was made there was a bridge
164   involved. Mr. Lutz reported the bridge was no longer needed because they routed the path around
165   the crevasse.
166
167   Mr. James recommended that the Board go after Segment #1 at this time.
168
169   ALAN NYE MOVED AND JEFFREY B. CARR SECONDED A MOTION TO AUTHORIZE
170   THE TOWN MANAGER TO APPLY FOR THE 2004 VTRANS BIKE AND PEDESTRIAN
171   GRANT PROGRAM TO CONSTRUCT A PATHWAY ALONG VT ROUTE 15 IN ESSEX
172   CENTER KNOWN AS SEGMENT #1 BETWEEN SAYBROOK ROAD TO SUNSET
173   DRIVE.
174   THE MOTION PASSED 4-0.
175
176   Building Design Approval – Alan Nye
177
178   Mr. Nye reported that after the Building Design Committee’s last meeting two weeks ago, he and
179   Mr. Torti had a teleconference with Mr. John Alden, the architect from Scott and Partners, stating
180   the concerns of the Committee. The following week, Mr. Scott and Mr. Alden were on vacation.
181   Last Thursday, Mr. Nye received a phone call from John Rooney, the other architect working on the
182   project, and he stated they evaluated the comments and were working towards dealing with those
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      ESSEX SELECTBOARD                                                                 August 16, 2004

183   comments. However, they didn’t have time to put something together before tonight’s meeting.
184   Mr. Nye explained to them that as soon as they had something, he would like to schedule a special
185   meeting for them to meet with the Selectboard. John Alden stated that their firm was trying to get
186   people away from the contemporary/colonial kind of architecture, which it seems the Town is
187   looking for, but they would move forward with the Town’s desires.
188
189   Mr. Scheidel reported that Mr. Alden had called him that afternoon. He asked Mr. Scheidel to
190   relate that they were all back from vacation and they should be able to have something as early as
191   Monday, August 23, if so asked.
192
193   Mr. James recommended that Scott and Partners come before the Board again either August 23rd, or
194   August 30th just for that purpose. Mr. Nye reported he would be out of Town both evenings but
195   would stop by their office next Friday to see where they were at in the process. Mr. Carr stated he
196   would be out on August 23, but August 30 would be okay. Ms. Myers stated both dates were good
197   for her.
198
199   Mr. James asked Mr. Scheidel to notify Scott & Partners that the Selectboard would hold a special
200   meeting on August 30, 2004 for them to present a corrected plan.
201
202   Mr. James reviewed the timetable for the project. November 2, 2004 was when everything would
203   conclude with a vote, and between now and then the Selectboard needed a product to take to the
204   citizens as well as opportunities for public hearings. He felt it was appropriate to push hard to get
205   the final plan in place.
206
207   Ms. Myers recommended that the Selectboard ask for plans to be delivered to them by August 23,
208   or shortly thereafter, so the Selectboard has time to review them before the meeting on August 30.
209
210   Mr. James concluded that the Board’s objective on the August 30th meeting would be to come to a
211   conclusion.
212
213   Municipal Planning Grant – Herb Durfee
214
215   Mr. Durfee explained it was time to begin thinking about the Town Plan again and the first Public
216   Forum would be on Thursday, September 9, 2004. As a piece of pulling the process together, he’s
217   discussed hiring a Public Participation/Solicitation & Public Coordinator. He’s coming before the
218   Board tonight to make that request by applying for a FYE 05 Municipal Planning Grant.
219
220   Based on insight from a local consultant, the total estimated expenditures are $17,550. They are
221   looking to do a grant request for 75% of that or $13,162 and the Town match would be $4,388.
222   That would actually be a savings related to what was approved by the voters.
223
224   The recommendation is for the Selectboard to authorize the Town Manager to apply for a FYE05
225   Municipal Planning Grant to offset the cost of professional consulting services related to public
226   participation/solicitation and public coordinator tasks during preparation of the 2006 Town Plan. It
227   is also recommended that the Selectboard adopt and sign the enclosed resolution required by the
      Draft                                              5
      ESSEX SELECTBOARD                                                             August 16, 2004

228   grant program as already endorsed by the Planning Commission.
229
230   Mr. Nye asked how much money was budgeted in next year’s budget. Mr. Durfee replied the
231   Board approved the professional services line item at $25,000. Mr. Nye recollected some of that
232   money being taken out already. Mr. Carr stated that money had come from Marketing and the
233   Selectboard’s Professional Services.
234
235   Mr. Carr was concerned that they were eliminating competition with the amount of money they
236   were putting out for the position and the amount of hours required. As an example, he suggested a
237   number of $20,000 for the project with the Town’s match, that way they may get a wider response
238   to the RFP. Mr. Durfee reported they currently budgeted $25,000 and the maximum grant amount
239   was $15,000. Mr. Carr believed the Town was still asking for less than what it could ask for.
240
241   ALAN NYE MOVED AND LINDA MYERS SECONDED A MOTION TO AUTHORIZE
242   THE TOWN MANAGER TO APPLY FOR A FYE05 MUNICIPAL PLANNING GRANT
243   TO OFFSET THE COST OF PROFESSIONAL CONSULTING SERVICES RELATED TO
244   PUBLIC PARTICIPATION/SOLICITATION AND PUBLIC COORDINATOR TASKS
245   DURING PREPARATION OF THE 2006 TOWN PLAN. WITH SUCH AUTHORIZATION,
246   IT IS ALSO RECOMMENDED THAT THE SELECTBOARD ADOPT AND SIGN THE
247   RESOLUTION ENCLOSED IN A MEMO TO THE SELECTBOARD FROM HERBERT
248   DURFEE, III, DATED AUGUST 12, 2004.
249
250   THE MOTION PASSED 4-0.
251
252   Zoning Amendments – Herb Durfee
253
254   Mr. Durfee stated the Planning Commission was on target for warning Public Hearings for allowing
255   the conversion of congregate housing as a permitted use, allowing new congregate units as a
256   conditional use, and a change in the B-1 district to Mixed Uses.
257
258   Mr. Durfee referred to a memo he sent to the Essex Selectboard dated August 10, 2004. He
259   explained the issue was to decide whether or not to submit comments to the Planning Commission
260   for its August 26, 2004 public hearing on zoning amendments addressing congregate housing and
261   mixed uses in the B1 District. The memo included the following attachments: a draft letter to Mr.
262   David Rogerson, a list of possible Zoning Amendments for Planning Commission consideration at
263   the request of the Selectboard, Zoning Administrator comments dated July 30, 2004, a letter from
264   Kenneth Petrie to the Selectboard members dated July 29, 2004 and minutes from the Selectboard’s
265   August 2, 2004 meeting. Mr. Durfee wanted to make sure the Selectboard approved of the list of
266   Zoning Amendments before they were sent to the Planning Commission.
267
268   Mr. Carr asked that if the Selectboard warns a Public Hearing for the Zoning Amendments, would
269   those proposed amendments become the Zoning Regulations that people could file applications on?
270    Mr. Durfee replied that when the Selectboard warns the first Public Hearing, the proposed zoning
271   amendments would become effective but a development application would still have to be weighed
272   under the existing regulations. So in effect, if a specific change is made, for example allowing
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      ESSEX SELECTBOARD                                                             August 16, 2004

273   congregate housing in the B1 District, the change would not have effected the existing zoning, and
274   the Town would not entertain an application for development because it could not be given
275   approval being that it’s not permitted in the existing Zoning Regulations. Mr. Carr asked when the
276   proposed amendments would become live. Mr. Durfee replied that they would become effective 21
277   days after the date of Selectboard adoption.
278
279   Mr. Nye stated the previous document identified the B1 District, which now showed as MXD-
280   B1/MFR district. Mr. Durfee explained this new district would include the same boundaries as B1
281   and didn’t expand the district. There were actually two B1 districts, the larger chunk along Susie
282   Wilson Road and another in the area of Rt.2A, Susie Wilson Road and the old Susie Wilson Road.
283   Both areas would be affected.
284
285   Mr. James asked if anything in the proposed amendments would affect the Town Center Area. Mr.
286   Durfee listed the following: the parking requirements for congregate housing, the height
287   restrictions, and single-use residential buildings in the Town Center PUD Section.
288
289   Mr. Carr stated the Selectboard wanted to ensure anything being proposed would level the playing
290   field not only for Susie Wilson Road but also for the developers in the Town Center that have been
291   there for 10 years now. Mr. Durfee explained that in the Town Center area there were essentially
292   two property owners. Homestead Design currently had a Master Plan approved by the Planning
293   Commission with a Mixed Use-PUD. They opted for a Planned Unit Development in order to
294   capitalize on density bonuses. There was a set of complex calculations to get at the mix of
295   commercial and residential development. The other parcel, owned by Jim Dousevicz (former
296   Dostie Property) currently has an application for 48 units of congregate housing and was using
297   existing zoning and bonuses to build what he could for congregate housing units. He could do an
298   all-residential project or a PUD similar to Homestead Design. The question for this parcel becomes
299   would there would be a draw for additional congregate housing units in the future.
300
301   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO DIRECT
302   THE TOWN MANAGER ON BEHALF OF THE SELECTBOARD TO FORWARD TO
303   THE PLANNING COMMISSION THE DRAFT LETTER AND ATTACHMENTS IN A
304   MEMO DATED AUGUST 10, 2004 AS SELECTBOARD COMMENTS FOR THE
305   COMMISSION’S AUGUST 26, 2004 PUBLIC HEARING ON ZONING AMENDMENTS
306   ADDRESSING CONGREGATE HOUSING AND MIXED USES IN THE B1 DISTRICT.
307
308   THE MOTION PASSED 4-0.
309
310   Storm Water Impacts – Dennis Lutz
311
312   Mr. Lutz updated the Selectboard on actions currently in progress as it related to the Stormwater
313   Program. The first item he addressed was the legal appeal on the MS4 NPDES PHASE II
314   PERMIT. A hearing was coming up and he was working with other communities to try and effect
315   an out-of-court settlement or a resolution through a decision by the Water Resources Board. The
316   last meeting with CLF was a lengthy one and staff came to the conclusion that the Town could not
317   agree with the conditions of changing the thrust of the permit from a “best management practices
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      ESSEX SELECTBOARD                                                                August 16, 2004

318   permit” into a “strict performance standards permit” tied to water quality testing.
319
320   The legal costs so far have been low and the Board approved to spend up to a certain limit. The
321   intent would be to carry the residual approved amount of $2,105.02 for spending as a limit under
322   the FY2005 budget.
323
324   Mr. James stated it appeared that CLF (Conservation Law Foundation) was trying to get the Town
325   to do something that couldn’t be confirmed or identified as done. Mr. Lutz stated the basis for the
326   current permit was set by the EPA with a laundry list of items to pick from. There was no item
327   listed assigning the water quality standard. This was a track aimed at municipalities for public
328   education for things such as improving management practices, sweeping streets and tied to trying to
329   reduce discharges. CLF has turned that around making it into the same standard that is being
330   applied to impaired waterways such as testing the stream, and developing a program to get it to a
331   higher level. That’s not part of the EPA permit for Essex. The EPA permit’s intent was to have the
332   Town do all the best management practices consistently for the next 5 years and see what it did to
333   help water quality. If the Town had to go by the CLF standards it would drastically increase the
334   cost and shut down development. If CLF’s intent is to review those developments, the Town may
335   be able to negotiate.
336
337   Mr. James asked if this was unique to Essex. Mr. Lutz replied it included Rutland and Saint Albans
338   also, but it was unique to the country in that Vermont is the test state.
339
340   Ms. Myers asked why the CLF didn’t go after the EPA. Mr. Lutz stated that the appeal of the
341   permit was an appeal to the Water Resources Board of the Permit that the State of Vermont issued
342   under the EPA guidelines. Essex is protecting its interest because the permit was issued to us and
343   we are responsible for the discharge. The primary defender is the State of Vermont Agency of
344   Natural Resources.
345
346   Mr. Scheidel asked if the members of CLF were all attorneys or if they had staff people skilled in
347   planning or resource management. Mr. Lutz stated some there was some legal staff, but he believed
348   the loss of one of the support staff created a problem.
349
350   Mr. Lutz explained the department was on track with most items but behind on a couple of issues.
351   They hired interns to work on projects who left early in the summer, and now the department has to
352   take time to get those things done. He requested that the Town develop an ordinance that would set
353   ground rules such as prohibiting dumping anything in catch basins. He will be back before the
354   Selectboard within the next couple of months for adoption of an ordinance.
355
356   The other item of importance was the Non-Impaired Waterways General Permit. If a development
357   was in a non-impaired waterway, mostly Alderbrook, the Town has applied for renewal. So far
358   only three permits have been issued by the Vermont Agency of Natural Resources. Another eight
359   permits have been submitted and at this point the State has not reissued those. The concern is that
360   under the new stormwater law, there is no protection in an unimpaired watershed for a homeowner
361   discharging under an expired stormwater permit. The new law provides protection in the form of a
362   deferral permit (issued under certain conditions). This has the potential to be an issue at property
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      ESSEX SELECTBOARD                                                              August 16, 2004

363   transfer closings. A good example would be the Woodlands-Snyder development where half of the
364   development drains into Alderbrook and the other half into Indian Brook. Indian Brook is an
365   impaired waterway with a different set of rules and Alderbrook is non-impaired. The permits were
366   issued to the developer and allowed to elapse, and in order to bring them up to Town specifications
367   the Town stepped in with a notification of intent and desired certification, and asked the State to
368   reissue those permits under the new General Permit. This has to happen for at least half of the
369   houses in that development to be covered under the Non-Impaired General Permit. There are
370   currently eight permits being applied for that fall under Non-Impaired with an expired permit.
371
372   Another permit is the Multi-Sector General Permit which has not yet been issued. This permit was
373   issued in draft form in late 2002 and never published in final form. It covered a wide range of
374   industries and the one that is effected in Essex is the Town Highway complex off Sand Hill Road.
375   The Public Works Department did an analysis as well as the State Agency of Natural Resources.
376   There were a couple of items identified as deficient. One was the Liquid Calcium Chloride System,
377   which Mr. Lutz hoped to get in this fall.
378
379   There was STAG grant money of $100,000 granted to Essex specifically for stormwater
380   improvement. One of the items submitted to use the first round of STAG Grant money was the area
381   of the gas tanks at the Town Highway complex to cover the tanks and any associated site work. He
382   estimated the project would run about $60,000-$70,000 and the plan was to use the STAG Grant
383   money and the $80,000 available in local match, plus a 45% Town/ 55% EPA split. Those two
384   items – spill protection for the liquid Calcium Chloride System and the covering of the gas tanks
385   should place the Town Highway complex in complete compliance.
386
387   A potential future issue concerns the storm-water pond at the Highway Garage. Currently it is not
388   required to have a detention basin but if the rules change, much of the area now used for equipment
389   storage would have to be converted to a treatment basin. There is no plan at this time to expand the
390   basin.
391
392   Another issue was the new State Stormwater Law (H.785 – ACT 140). GBIC conducted an
393   information session on the new law on July 20th, which Mr. Lutz attended. There was another
394   meeting scheduled for August 19, 2004, from 9:00-12:00 which the Selectboard and the Town
395   Manager could attend.
396
397   One of the significant changes involved offsets as a way of obtaining development permits in
398   impaired waterways. If a new development or redevelopment is in an impaired waterway (Indian
399   Brook from Butlers Corners/Essex Way to the Old Susie Wilson Road or Sunderland Brook in
400   Essex including the area south of Kellogg Road and west along Susie Wilson Road/Pinecrest to
401   VT15), and if the development is in excess of 5,000 square feet of impervious area and the site
402   exceeds 1 acre total in size, then the development cannot occur without: 1. Meeting the 2002
403   Design Standards for 80% removal onsite and 2. Having a physical offsite available (equal to the
404   other 20% removal).
405
406   The offset can be in any community in the impaired watershed and under the current plan, unless
407   you are building the offset for a specific project, you could pay a fee to use another community
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      ESSEX SELECTBOARD                                                                August 16, 2004

408   offset as long as it was in the same watershed. The trap is if Essex builds an offset, nothing would
409   prohibit a developer in Colchester from using part of the offset; if Essex does not build any offsets
410   and no other community builds any in the watershed, no development that meets the size criteria
411   can go forward.
412
413   A study was done by Jim Dousevicz for the Town that showed the hot spots of stormwater for
414   Indian Brook in the Town and Village. In that study, there were only a couple of offsets and one of
415   them was the Essex Town office at 81 Main Street. The issue is you can’t build an offset if you
416   already have a permit. An example is the Town Center and the stormwater detention pond that
417   already has a permit, so developers there can’t use the offset as credit to construct a building. They
418   would have to go someplace else where they could construct an offset that was not permitted in that
419   impaired watershed. When Public Works was planning Butler’s Corners, the Town was very close
420   to the area needed to escape the permit and one was not needed. In the process they had the
421   engineer start the design for a storm water detention basin and directed him to complete the design
422   plans. This detention basin may be used as offsets for other developments in the Town to include
423   the new Town offices. He suggested that the Selectboard approve that plans and permits be
424   developed for the 81 Main Street Storm-water Project. This project could be built with a
425   combination of 55% STAG money, 30-35% State money, and 10-15% Town money. The Town’s
426   portion of the estimated cost of $60,000 would be $11,000.
427
428   The second offset was on Colbert Street, which included Painesville. Forcier-Aldrich had
429   completed an evaluation in December 2003 and found it was possible to acquire land and build a
430   detention basin down in the ravine. That would give the Town a substantial amount of gounds that
431   the Town could have available to assist developers in the Town Center area that would need an
432   offset. This would also qualify for STAG money.
433
434   Mr. Nye thought that a developer could go to another project within the watershed and improve
435   their storm drainage. Mr. Lutz explained they couldn’t if the watershed was already permitted and
436   most of it was. Even if a permit was out of date it was still considered permitted. Mr. Nye believed
437   that was a fallacy in the law which should be changed. Mr. Lutz explained that Essex could apply
438   to use part of another Town’s offset as long as it was in the same watershed. Mr. Nye believed
439   these offsets would become very valuable and the Town would need to protect itself from
440   developers using up the offsets.
441
442   Mr. Lutz explained that Sunderland Brook had one offset on Kellogg Road behind the Morse
443   Storage Facility. Eventually, something could be done out there but currently Colchester is
444   pursuing a major project behind the Fort and that may provide a significant offset for use in this
445   watershed. He suggested that the Town not move too fast on this.
446
447   Mr. Lutz recommended that the Town begin to start the process of documentation, seek approval of
448   permits for 81 Main Street and start the process to obtain funding and also begin the process of
449   Colbert Street Stormwater Project.
450
451   Mr. Nye asked if the Town would need to identify an offset if the Town started the plans for the 81
452   Main Street project. Mr. Lutz stated that the Town would try to get the State to approve it as a
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      ESSEX SELECTBOARD                                                              August 16, 2004

453   potential offset project using both STAG money and grant money. Once that happened the Town
454   could decide to put the offset in place and develop a final plan to go to construction.
455
456   Another issue was under Act 140. There was a deferral of permits to enable property to be
457   transferred in the impaired waterways. It was important to note that this was not a release of
458   obligations; it was only a legal deferral. So if you owned a home in an impaired watershed and
459   wanted to close on your house, you could file with the State a Request for Deferral Permit and
460   providing you don’t build a 5,000 square foot addition, you are okay to exist under that deferral
461   until 2007. That would allow the property to be legally sold. What will happen is that if the State,
462   during testing, decides that in that particular development the stormwater basin has to be improved,
463   the property owner at that time would be required to comply. Most land transactions that occur
464   now in the watershed will likely be required to provide some level of money in escrow for future
465   permit compliance.
466
467   Mr. Lutz recommended that the Town continue to support the Town’s defense of the Conservation
468   Law Foundation’s appeal of the MS4 NPDES Stormwater Permit to the Water Resources Board,
469   use the combination of STAG Grant money and Stormwater Construction Funds to construct the
470   New Gas Canopy and Site-work Project at the Highway Garage, develop the plans and permits for
471   the 81 Main Street Stormwater Project using STAG, State and Town funds, and develop the plans
472   and permits for the Colbert Street stormwater project, subject to approval by the Selectboard of
473   final conceptual plans and approval prior to formal land acquisition.
474
475   Board consensus was to go with Mr. Lutz’s recommendations.
476
477   Mr. Carr wondered what would be involved in setting up a utility like some of the other
478   communities and felt it should be discussed during the next budget sessions. Mr. Lutz believed the
479   Town had a bit of time to plan for such a utility, but discussion should occur.
480
481   Mr. Carr explained his concern with the burden on staff regarding stormwater maintenance. Mr.
482   Lutz reported that this year his department had inspected a little over half of the catch basins and
483   they were beginning to develop a track record on catch basins so that a schedule could be set up for
484   inspection.
485
486   Designation of Stormwater Construction Funds Money – Dennis Lutz
487
488   ALAN NYE MOVED AND JEFFREY B. CARR SECONDED A MOTION TO APPROVE
489   THE DESIGNATION OF $40,000 FROM THE FY2004 STORMWATER BUDGET,
490   ACCOUNT NUMBER 10.43151.450, TO THE FY2005 BUDGET. THE MOTION PASSED
491   4-0.
492
493   West-end (Painesville) Sewer Study – Dennis Lutz
494
495   Mr. Lutz provided a copy of the Sewer Study in the Painesville Manor, Kellogg Road and Pinecrest
496   Drive areas with an attached memo dated August 9, 2004 regarding the Painesville area. A
497   memorandum was provided to the Selectboard in May of 2003 requesting authorization to study the
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      ESSEX SELECTBOARD                                                                August 16, 2004

498   issue of providing municipal sewers to the Painesville area of Town, which provided a blueprint for
499   installing sewer lines which are sufficiently large and at the correct depth to accommodate the
500   existing homes and the future growth of the area.
501
502   The issue for the Selectboard was how fast to act on extending the sewer to the Painesville area.
503   Mr. Lutz stated he was concerned with the cost of the project. Totaling the four sub-areas the
504   anticipated cost was approximately $1.83 million and the cost per household would be between
505   $5,000-$6,000. The Selectboard could decide to do one section of the four or all four at once. If all
506   four are done at once, the commercial areas on Morse Drive and off New England Drive would fall
507   into the same funding package as the residential areas in the Painesville area. In the two
508   commercial zones most users were already on the Town sewer system or in the process of
509   connecting. The remaining users have low sewer and water usage with large lots and sandy soils.
510   Onsite systems can be replaced on these lots fairly easily. Also, if sewers are needed in this area in
511   the future, the commercial sector has the capability to treat the costs as a business expense with the
512   expansion of the business helping to defray the high up-front sewer cost. For these reasons, Mr.
513   Lutz did not recommend that all four areas be grouped into one project. The intent would be to
514   send a letter to those in the area, provide some cost estimates and find out what their interest level
515   would be. With the number of issues facing the Town in the next several months, Mr. Lutz felt it
516   would be prudent to send those letters out to obtain a response by late fall.
517
518   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO
519   APPROVE THE REFERENCED STUDY ENTITLED “CONCEPTUAL DESIGN OF AN
520   EXTENSION OF THE MUNICIPAL SEWER IN THE PAINESVILLE MANOR,
521   KELLOGG ROAD AND PINECREST DRIVE AREAS”, FOR THE PURPOSE OF
522   PROVIDING GUIDANCE TO THE DEVELOPER OF WHAT THE TOWN’S PLANS ARE
523   AND AT THE SAME TIME CONTACT THE PROPERTY OWNERS TO ASCERTAIN
524   THEIR INTEREST IN EXTENDING THE LINE OUT THAT WAY BASED ON THE
525   STUDY. TIME TO BE DETERMINED BY STAFF.
526   THE MOTION PASSED 4-0.
527
528   Bond Schedule
529
530   Mr. Scheidel explained the issue was whether or not the Selectboard would remove from the table
531   the Bond Vote Schedule and adopt it. He recommended that the Selectboard adopt the Bond Vote
532   Schedule based upon an assumed building cost or wait until the next regular or special scheduled
533   Board meeting to adopt the Schedule.
534
535   Mr. Nye asked why the Selectboard needed a cost by October 1. Mr. Scheidel stated that the
536   timeline for a project such as this required them to adopt a resolution by September 13, or
537   September 27, 2004 and to post a warning and notice of vote by October 1, 2004.
538
539   Mr. James reviewed the “Municipal Building Proposal Statutory Process and Time Line for Bond
540   Vote” with the Board. He noted that the timeline for a public participation strategy could be
541   different. The big issue seemed to be that by September 13, 2004 the Board would need an
542   estimated cost for improvements. Mr. Nye believed that the cost would not be needed until the day
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      ESSEX SELECTBOARD                                                               August 16, 2004

543   the warning was posted which would be on October 1, 2004.
544
545   Mr. James asked why they should wait until the last possible moment. Mr. Nye felt they should
546   wait until the September 27th meeting for the cost, because if the Board didn’t give the architects
547   time for a qualified estimate, they would receive a high estimate. Mr. James wanted the best
548   number with an adequate amount of time. He suggested trying to hit a September 13th date, and if
549   the Board wasn’t comfortable they could decide to go another two weeks. His concern was if the
550   Board waited until September 27, they still might not get the best cost because that’s when the final
551   cost was needed.
552
553   Mr. Carr felt the question should be the timing for getting the best most reasonable estimate. He
554   felt that if the Board waited until September 27th there would only be four days before they had to
555   post the warning. Yet if they decided to lean too hard, they might not have time to call around in
556   what is a very difficult costing climate. He suggested a special meeting on September 20th.
557
558   Mr. James suggested that instead of adopting a schedule now the Selectboard could wait until
559   September 20th to take another look at it and see if they have enough information to adopt a
560   resolution and if not set a plan in place to meet on September 27th. Mr. Scheidel verified that with
561   that decision, the Bond Vote was still off the table.
562
563   Saxon Hill Lease
564
565   Mr. Scheidel reported the issue was whether or not the Selectboard would execute the lease by and
566   between the Essex Junction School District and the Town of Essex. He and Mark Berry attended a
567   meeting with the Prudential Committee Board on the topic of whether or not the Town would be
568   interested in managing the Saxon Hill property for a twenty-five year period and to facilitate
569   funding sources other than local tax for managing the property. The idea was to keep it as an open
570   space asset, which seems to be in the best interest of the Town and the School District. The
571   ownership would still rest with the School District and the Town would maintain the property.
572
573   The anticipated cost to the Town would be minimal with staff time being relegated to developing
574   grants and interacting with the graduate school or funding sources for the work.
575
576   The recommendation was for the Selectboard to authorize the Town Manager to execute the lease.
577   All easements have been resolved and Mr. Scheidel had spoken with attorneys on this issue.
578
579   Mr. Nye referred to page six of the Lease Agreement and questioned how the lessee could make a
580   decision on right of first refusal if they had to go to the voters for a decision. Mr. James
581   recommended that the last sentence of the ‘Right of First Refusal’ on page 6 read, “ Failure by
582   Lessee within 45 days of the date of the writing to respond in writing with an offer to purchase the
583   Premises, subject to voter approval, shall be deemed declination of the offer of sale by Lessee. Mr.
584   Scheidel stated he would clarify if the Right of First Refusal included allowing time for voter
585   approval.
586
587   ALAN NYE MOVED AND JEFFREY B. CARR SECONDED A MOTION TO AUTHORIZE
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      ESSEX SELECTBOARD                                                               August 16, 2004

588   THE TOWN MANAGER TO EXECUTE THE SAXON HILL PROPERTY LEASE BY AND
589   BETWEEN THE ESSEX JUNCTION SCHOOL DISTRICT AND THE TOWN OF ESSEX
590   WITH CLARIFICATION OF WHAT THE OFFER TO PURCHASE INCLUDED.
591   THE MOTION PASSED 4-0.
592
593   VLCT Voting Delegate Designation
594
595   Mr. James volunteered as VLCT Voting Delegate.
596
597   ALAN NYE MOVED AND LINDA MYERS SECONDED A MOTION TO DESIGNATE
598   THOMAS JAMES AS VLCT VOTING DELEGATE.
599   THE MOTION PASSED 3-0. (Mr. James abstained).
600
601
602   Minutes of August 2, 2004
603
604   JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO APPROVE
605   THE MINUTES OF AUGUST 2, 2004 WITH THE FOLLOWING CORRECTIONS: Line
606   180: after ‘program’ insert “Mr. Torti left the room.” Line 222: insert “Mr. Torti left the room.”
607   Line 243: replace “the” with “all”.
608   THE MOTION PASSED 4-0.
609
610   CONSENT AGENDA
611
612   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO ACCEPT
613   THE CONSENT AGENDA WITH SELECTBOARD COMMENTS.
614
615   Check Warrant Report 7/30/04
616   Press Release: Regional Public Transportation District
617   Economic Development Activities 2004
618   Mr. James thanked Dawn Francis for the very good summation.
619
620   Letters
621   (2) From VTrans to Patrick Scheidel regarding Bike Path Maintenance
622   From Wendy Burns regarding Leaving CHIPS
623   From Belden CDT regarding Layoffs (2)
624
625   Memos
626   From Dam Safety Engineer to Town of Essex regarding Dam Inspection
627   From VLCT regarding VT Municipal Policy (with attached draft)
628   From Dennis Lutz regarding Summer Work Update
629   From Howard Rice regarding EFD News
630
631   THE MOTION PASSED 4-0.

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      ESSEX SELECTBOARD                                       August 16, 2004

632
633
634   EXECUTIVE SESSION
635
636   AT 9:55 P.M. JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION
637   TO ENTER EXECUTIVE SESSION TO DISCUSS PERSONNEL AND CONTRACTS TO
638   INCLUDE THE TOWN MANAGER, DEPUTY TOWN MANAGER AND DIRECTOR OF
639   PUBLIC WORKS. THE PREMATURE PUBLIC KNOWLEDGE OF THE ISSUES TO BE
640   DISCUSSED IN THE EXECUTIVE SESSION WOULD PLACE THE MUNICIPALITY AT
641   A SUBSTANTIAL DISADVANTAGE. THE MOTION PASSED 4-0.
642
643   AT 10:42 P.M. JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION
644   TO EXIT EXECUTIVE SESSION. THE MOTION PASSED 4-0.
645
646   JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO ADJOURN.
647   THE MOTION PASSED 4-0.
648
649
650
651   Respectfully submitted,
652   June M. Campbell
653
654   June M. Campbell
655   Recording Secretary
656
657   Approved this _______________ day of _________, 2004.
658
659   (See minutes of this date for corrections, if any).
660
661   _______________________________
662   Thomas W. Torti, Clerk, Selectboard
663
664   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)




      Draft                                             15
 1                                           TOWN OF ESSEX
 2                                            SELECTBOARD
 3                                               MINUTES
 4                                             August 30, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Jeffrey B. Carr, Linda Myers and Thomas Torti.
 7
 8   OTHERS PRESENT: Patrick Scheidel, Town Manager; Dawn Francis, Deputy Town Manager;
 9   Al Bombardier, George Tyler, Tyler Scott, John Alden and John Rooney.
10
11   Mr. James called the meeting to order at 7:32 p.m.
12
13   PLEDGE OF ALLEGIANCE
14   Mr. James invited those present to join him in reciting the “Pledge of Allegiance.”
15
16   PUBLIC TO BE HEARD
17   Al Bombardier of 26 Foster Road addressed the Board on a recent application for a tri-plex
18   apartment house approved by the Zoning Board and Planning Commission. He stated that he and
19   residents were very disappointed in the way the process was handled.
20
21   At the Planning Commission hearing on Dick Gilmond’s application August 12, 2004, he was the
22   only resident in the neighborhood to attend. At the meeting he expressed his concern that the
23   adjacent property owners were not warned of the meeting yet was told by Ms. Schliesser that they
24   had been. After hearing the application, the Commission found that the Zoning Board had
25   addressed the residents’ concerns and they approved the application.
26
27   Mr. Bombardier pointed out that none of the property owners had an opportunity to make
28   comments to the Planning Commission because of an error in notification. Recognizing that fact,
29   the Planning Commission then issued another letter mailed to the people that attended the Zoning
30   Board meeting. That letter read it was a “Continuation of Richard E. Gilmond Sketch & Final Plan
31   Review.” Mr. Bombardier stated that it couldn’t be a continuation if it were already approved.
32   When he read the letter, he thought the previous minor items identified by staff were coming back
33   for discussion. He went to the August 26, 2004 Planning Commission meeting and found out that
34   the application was up for a complete ‘Reconsideration’ and that wasn’t what the letter had stated.
35
36   Mr. Bombardier explained to Mr. Rogerson at the Commission meeting he was unprepared because
37   he had no knowledge the application was up for reconsideration and neither did any of the residents
38   whom he knew would have liked to be a part of it. The Commission didn’t really consider his input
39   and re-approved the project. He was astonished that the process had happened the way it did.
40
41   After the letter to the residents was distributed to the Selectboard, Mr. Bombardier pointed out that
42   it was indicated adjacent owners could make input, but there were only two items he knew of that
43   could be discussed after a Planning Commission approved an application - either Reconsideration
44   or Appeal.
45
46   Ms. Francis understood that the first meeting of the Planning Commission on this application was
47   improperly warned. Apparently the abutting property owners were not notified due to a staff
     ESSEX SELECTBOARD                                                                August 30, 2004

48   member being on vacation and it was an oversight. Therefore, the Planning Commission decided to
49   notify the abutting property owners and continue the application on August 26. The agenda clearly
50   stated that it was allowing adjacent property owners to comment on the proposed development.
51
52   Mr. Bombardier felt that if it were known that it was Reconsideration, everyone would have been
53   there. There was also some concern about the Zoning Board meeting because it seemed like a done
54   deal before the project started. In Mr. Bombardier’s opinion, the Chairman of the Zoning Board
55   being applicant, realtor, developer and landowner was a conflict of interest. In the hearing, Mr.
56   Bombardier felt Mr. Gilmond had no concern for the impact of the project on the character of the
57   area and the people there. Mr. Bombardier wondered why this person was sitting on the Zoning
58   Board inputting on changes in zoning laws when he had that kind of a motive and interest. Mr.
59   Bombardier asked the Selectboard if they had considered Mr. Gilmond’s economic livelihood when
60   they appointed him to the Board. He believed it had potential for a conflict of interest.
61
62   Mr. James summarized Mr. Bombardier’s concern being a lack of abutters’ notice for the event, and
63   a potential for a conflict of interest. Mr. Torti pointed out that the warning of the Planning
64   Commission meeting was also in error calling it a ‘Continuation’.
65
66   Mr. Carr wanted to see a copy of the actual letter that was sent to the abutters for the August 26
67   meeting and the meeting minutes.
68
69   Mr. James concluded that the Board needed to look at the whole timeline process and thanked Mr.
70   Bombardier for coming in. Even though the issue could not be resolved that evening, the Board
71   would get back to him.
72
73   Mr. Bombardier requested that the Town use registered mail when there is a problem.
74
75   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
76   AMEND THE AGENDA AND PLACE THE CONSENT AGENDA BEFORE THE
77   MUNICIPAL BUILDING DESIGN. THE MOTION PASSED 4-0.
78
79   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
80   ACCEPT THE CONSENT AGENDA WITH SELECTBOARD COMMENTS.
81
82   CONSENT AGENDA
83   Check Warrant Report and General Fund Report 8/6/04, 8/12/04, 8/19/04
84   Press Release regarding Town Plan Public Forum
85   Town Plan Citizen Input Survey Results
86   Birchwood Manor Issue
87   Ms. Myers asked if the Board could take a few minutes in Executive Session to discuss this issue.
88   ECEC Meeting Update from Charles Safford
89   ACT 250 Notice Application filed by Tim & Kari Staples
90   ACT 250 Notice Application filed by Essex Country Club
91   Land Use Permit Amendment – Forestdale Heights, Inc.
92   Wastewater System and Potable Water Supply Permit – C. Hinsdale
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      ESSEX SELECTBOARD                                                               August 30, 2004

 93   VLCT Session, Sept 10 – Legislative Remedies Affecting Municipalities
 94   Press Release Submitted by Ron Lawrence, Chair, Essex School Board
 95   Ms. Francis reported that the Essex Town School District was pleased to announce that Dr. Robert
 96   Gerardi of Grand Prairie, Texas had been hired as Interim Superintendent of Schools.
 97
 98   Minutes
 99   CCRPC June 28, 2004
100   Zoning Board of Adjustment July 1, 2004
101   Planning Commission July 8, 2004
102   CCMPO July 21, 2004
103   CCTA July 28, 2004
104
105   Letters
106   To Robert Lemire, Jr. from Wastewater Mgmt. Div. Regarding Subdivision
107   To David Rogerson from Pat Scheidel regarding Zoning Amendments
108   To Cheryl Moomey from Water Quality Division regarding: Authorization to Discharge
109       Stormwater Runoff
110   To Selectboard from Essex Alliance Church regarding Master Plan
111   Ms. Francis reported that this item would be on the Selectboard’s future agenda.
112
113   Memos
114   From VT Environmental Board regarding Pinewood Manor
115   From CWD to Customers regarding Bond Vote
116   From the ETU on Funding received for the Susie Wilson Road area
117   Ms. Francis reported that the Town received about $70,000 in FTA funding from VTRANS and the
118   Transportation for Livable Communities Grant to look at the Susie Wilson Road area.
119
120   THE MOTION PASSED 4-0.
121
122
123   BUSINESS
124
125   Municipal Building and Design
126   John Alden, Tyler Scott and John Rooney of Scott and Partners presented a revised plan for the
127   Municipal Office Building.
128
129   John Alden reported that there were a few topics that they needed to discuss with the Selectboard.
130   Scott & Partners had their own expectations of a building design and were aiming at a design that
131   would be functional and had an aesthetic value that would work. They came to a point where they
132   were comfortable with what they were doing; but when the Selectboard met, they found aspects
133   they weren’t that comfortable with. So Scott & Partners was asked to look at some other options of
134   packaging the building.
135
136   In the design presented, they were able to leave the floor plan as it was. The Selectboard's concerns
137   addressed in the revised building plan were designing the building so that it would be in character
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      ESSEX SELECTBOARD                                                               August 30, 2004

138   with the neighborhood and changing the image the building was portraying. Mr. Alden had three
139   plans before the Selectboard for comparison – the original, and two slightly different revised plans.
140   Mr. Alden stated the character of the building could be several different things, but they would keep
141   going back to the same points being the building was the right size and had the right price tag on it.
142
143
144   Mr. James clarified Mr. Alden saying that no matter what was done to the outside of the building,
145   the interior would basically stay the same with very minor adjustments. John Rooney replied that
146   the basic shell would remain the same but within each department there was plenty of room for
147   manipulation of the walls.
148
149   Ms. Myers confirmed that the plans for the interior as they were looking at them would have no
150   bearing on the outside of the building. Mr. Rooney replied that was correct.
151
152   The new version of the building showed changes to the outside of the building. It opened up the
153   side that the public would enter, allowed work to go on within the building and gave everyone
154   natural light. The major revision was changing the flat roof to a pitched roof except for the area
155   with the conference room which remained flat. Windows were also added.
156
157   Mr. Alden reported that by placing a pitched roof on the building there would be additional
158   considerations. For instance, should the roof be guttered? The Board wasn’t in favor of gutters.
159   Ms. Myers asked how they would handle the pitched roof running water onto the flat roof. Mr.
160   Alden reported they would use interior roof drains.
161
162   Mr. Alden explained a problem with the pitched roof was that when water hits the ground there was
163   a less exact method of controlling where it goes. Water could also hit the skirt at the base of the
164   wall and cause moisture problems as with the current Municipal Building. A flat roof could manage
165   the water drainage from the inside. In Vermont there is one side that believes pitched roofs are the
166   only way to go to get snow off the roof and another side that believes it would be crazy to put a
167   pitched roof on because of the problems they create, as mentioned above, and it’s easier to install
168   flat roof. They were comfortable in designing either, but it became more a choice of image.
169
170   Mr. Scott went over the plan elevations with the Selectboard. The entry façade on the revised plan
171   had a portico and two gables placed in back of one another. They extended the overhang over a bit
172   so it shaded some of the windows below. The doors remained on the same plane as the original
173   scheme. He pointed to the windows along a side plane that would provide light to the gallery
174   space.
175
176   Mr. Scott referred to the Selectboard request to move the vault back and place windows in the front
177   where the vault used to be. Although it was a good idea to break up the façade a bit, Mr. Scott
178   wasn’t convinced functionally that it was a good idea. He believed they could work with some
179   recesses to break up the façade without moving the vault. The windows in front on the second floor
180   went to the end and wrapped around the building. The two sides less visible to the public had fewer
181   windows. The building with the pitched roof would be approximately 30’ high. Views of the
182   mountains would be available to everyone.
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      ESSEX SELECTBOARD                                                                 August 30, 2004

183
184   In terms of material and quantities, Mr. Scott explained that when the design had a flat roof the
185   square footage of roof was just about 10,000 square feet. When the flat roof was replaced with a
186   pitched roof, it became 12,000 square feet of pitched roof plus 2,700 square feet of membrane.
187   With placing a pitch on the roof they were adding more roof area and also extending it over the
188   perimeter of the building. That would increase the cost and require a need for a different process to
189   manage the water. They wouldn’t be able to keep it on the building and take it wherever they
190   wanted as with a flat roof, but would have to get it off the building and shed it off the outside of the
191   building.
192
193   When looking at the plan from the Circumferential Highway side of the building, Mr. Scheidel felt
194   that it was better aesthetically for the passersby with a pitched roof than with a flat one. Mr. Alden
195   replied that they weren’t as concerned with aesthetics in the original design. It was designed more
196   from a functional standpoint. The whole aesthetic would depend on what a person is sensitized to
197   and what they think should be there. The neighborhood character was being defined, because it
198   wasn’t really there yet. What is there is an image of what people think should be there. Their
199   understanding of what should be there was a building that would be there for the next 50-100 years.
200   They considered whether to go with a building that looked like it was built 50 years ago, or build
201   something that was moving forward in time.
202
203   Ms. Francis asked what they could do to improve the exterior of the building while retaining a flat
204   roof. Mr. Scott replied adding more richness in the walls could make them more significant than
205   the flushed walls.
206
207   Mr. James noted the Inn at Essex and the Church of Latter Day Saints had pitched roofs. Mr. Scott
208   stated those buildings had a more traditional value versus a Municipal building that provides
209   services that are ongoing and progressive. He felt a certain amount of diversity makes the whole
210   neighborhood richer. A new Town Office might want to portray an image of stepping into the
211   future.
212
213   Mr. James stated the Board didn’t want something that would look like a box or a series of boxes.
214   He felt whether it had a pitched roof or flat roof might be irrelevant. He remembered the Board
215   originally thinking how the neighbors would accept this building. From that they came up with the
216   concept of a pitched roof being more like what citizens were accustomed to seeing in that area.
217   However, the first real question was how could they make the building fit with its purpose while
218   making it friendly and warm to the citizens. Referring to the old scheme, Mr. James pointed out
219   that if the main entry point of the building had a portico and perhaps someday a clock, the problem
220   they were wrestling with would be gone. Mr. Scott agreed that the building as originally designed
221   didn’t have a sense of transparency. Mr. James suggested that more windows in the front along the
222   conference room along with a portico at the entrance would make a big difference. He pointed out
223   that when citizens and Board members leave meetings from the conference room, a great deal of
224   activity happens outside the room. Covering the entryway would allow people a place to converse
225   after meetings. Mr. Scott pointed out on the design the changes Mr. James suggested.
226
227   Mr. James asked what the Board thought of his ideas. Being that Mr. Nye was missing from the
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      ESSEX SELECTBOARD                                                                August 30, 2004

228   meeting, Ms. Myers reminded the Board of his desire not to have windows in the conference room.
229   She believed there might be some kind of technology that would allow them to darken the room.
230   Mr. Scott stated they could get automatic shades that would darken the room for presentations.
231   Personally, she liked the feeling of warmth and openness that windows allow. Mr. Scott agreed,
232   referring to the effect of being in a room without windows for long periods of time. He believed it
233   wouldn’t take a lot of windows to achieve a sense of openness but it would cost more. Mr. Carr felt
234   there would be a trade off of not having the pitched roof, which seemed a big expense. Whatever is
235   done, he doesn’t want the citizens saying, “What were they thinking!”
236
237   Mr. Carr asked for information on the cost of a pitched roof. Mr. Alden stated that a shingled roof
238   would cost the same as a membrane. They were thinking of using a standing seam on the pitched
239   roof. Mr. Alden reported that his calculations for a metal roof were double the membrane roof.
240   The membrane roof was in the estimate of $70,000 and the metal roof was $130,000+ for the
241   combined metal and the cheapest membrane that they buy. Mr. Torti felt $70,000 could go into a
242   lot of windows and nice exterior treatment. He agreed that people were going to see the materials
243   and the break of the building. Mr. Carr felt that as long as it didn’t resemble a 1960’s building, he
244   could agree to a flat roof. Ms. Myers stated that the original drawing looked like Essex Middle
245   School, which reminded her of a fort. Mr. Scott agreed that the building shouldn’t have that kind of
246   image.
247
248   Mr. James suggested that the Board consider a flat roof and use the money to make the front more
249   welcoming with more windows and a portico and the east side of the building more attractive. Mr.
250   Torti and Ms. Myers agreed with Mr. James suggestion.
251
252   Mr. Scott pointed out that the Board might also consider a different treatment to parts of the outside
253   of the building. Brick gives the building a sense of permanence whereas metal paneling was
254   associated with a warehouse yet cost less. They should consider that mix at some point in the
255   process. Mr. Rooney pointed out that one side of the building was planned for possible future
256   expansion therefore they took that into account when choosing the metal-like siding. The metal-
257   like siding also required less maintenance than most. Mr. Carr felt that façade made it look more
258   like a 1960’s structure than anything else on the building. Mr. Scott stated they would explore
259   other options for the siding and stated that even if it cost more, low maintenance cost could save
260   money in the long run.
261
262   Mr. James recapped where the Board was in the matter. The Board kept the flat roof but wanted the
263   front of the building softened up and a portico placed at the entry.
264
265   Mr. Scheidel asked if Scott & Partners could get renderings to the Board for the September 13
266   meeting. Mr. Scott replied they could and Mr. Alden stated he would get them to the Board sooner
267   for review.
268
269   Mr. Alden handed out estimates of the cost difference between a pitched roof and a flat roof. He
270   explained they went out to one of the big general contractors in the area and asked them if it was
271   reasonable to build the building for the $106 per square foot the Town originally budgeted or the
272   $165 Scott and Partners came up with in their original estimates. They gave them the plans,
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      ESSEX SELECTBOARD                                                               August 30, 2004

273   elevation and estimate to come back with an estimate. They came back with $140 to $160, which
274   was on the high end. Mr. Alden felt the Selectboard had $10 per square foot plus or minus to play
275   with. Mr. Carr believed that once the engineering, contingencies and permits were included, the
276   cost would be much higher. Mr. Alden felt the $710,000 the Selectboard gave them for permits,
277   contingencies and design was about right although they lowered it a bit. At a cost of $164 per
278   square foot, the total building cost would be $4.3 or $4.4 million. Mr. Alden explained they
279   calculated what the whole project was going to cost and divided it by the total square feet then
280   checked the cost of similar buildings against the figure they arrived at. Then they went back to see
281   if they overestimated any of the individual items such as steel or mechanical systems. Mr. Torti felt
282   that the numbers were legitimate since Scott & Partners had a second look at the project, and he
283   would go with the $160 per square foot.
284
285   Mr. Torti asked what they had designed for a heating and ventilation system. Mr. Alden replied it
286   was a ducted system with heat recovery. Because of the increased cost in steel, the cost of
287   mechanical, including plumbing and heat recovery was 40% higher this year than last. They also
288   looked at several other systems but this was the best.
289
290   Mr. Alden reported last year the cost of such a building would have been in the $115 per square
291   foot range. Mr. James asked if they had a sense of where the numbers would go in the next year.
292   Mr. Alden replied that things seemed to have leveled off for now, but they didn’t see prices coming
293   down. Mr. Scott explained that the price of concrete in this hot market had increased 20% over last
294   year. Mr. James requested that Scott & Partners research if there would be an increase in cost if the
295   Town waited and how much that increase might be. Mr. Alden explained that this past year had a
296   sharp hike and building construction was higher than the average inflation, yet in Vermont it’s still
297   an anomaly because there is a limited supply of items here.
298
299   Mr. Torti wondered if the furniture cost should be included in the same bond. Mr. Alden stated
300   they dropped the $200,000 budget the Town suggested down to $150,000 after talking with office
301   furniture suppliers who furnished similar buildings. Mr. Torti reported that items could be bonded
302   for different periods of time depending on life span and maintenance.
303
304   Mr. James concluded that at the September 13 Selectboard meeting, the Board should come to a
305   decision. He requested that Scott and Partner’s give the Board and Staff lead time to review the
306   plans and cost before the meeting.
307
308
309
310
311   EXECUTIVE SESSION
312
313   AT 9:22 P.M. JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION
314   TO ENTER EXECUTIVE SESSION TO DISCUSS PERSONNEL AND CONTRACTS AND
315   LITIGATION TO INCLUDE THE TOWN MANAGER AND DEPUTY TOWN MANAGER.
316   THE PREMATURE PUBLIC KNOWLEDGE OF THE ISSUES TO BE DISCUSSED IN
317   THE EXECUTIVE SESSION WOULD PLACE THE MUNICIPALITY AT A
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      ESSEX SELECTBOARD                                         August 30, 2004

318   SUBSTANTIAL DISADVANTAGE. THE MOTION PASSED 4-0.
319
320   AT 10:02 P.M. JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A
321   MOTION TO EXIT EXECUTIVE SESSION. THE MOTION PASSED 4-0.
322
323   AT 10:03 JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO
324   ADJOURN. THE MOTION PASSED 4-0.
325
326
327
328   Respectfully submitted,
329   June M. Campbell
330
331   June M. Campbell
332   Recording Secretary
333
334   Approved this _______________ day of _________, 2004.
335
336   (See minutes of this date for corrections, if any).
337
338   _______________________________
339   Thomas W. Torti, Clerk, Selectboard
340
341   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)




      Draft                                                 8
 1                                            TOWN OF ESSEX
 2                                             SELECTBOARD
 3                                                MINUTES
 4                                            September 13, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Jeffrey B. Carr, Thomas Torti (arrived 7:42 p.m.), Alan Nye
 7   and Linda Myers.
 8
 9   OTHERS PRESENT: Patrick Scheidel, Town Manager; Dawn Francis, Deputy Town Manager;
10   Dennis Lutz, Town Engineer/Public Works; Mark Berry, Parks and Recreation Director; Herbert
11   Durfee III, Community Development Director; John Fitzgerald, Garrett Mott, Greg Brown, Betsy
12   Orselet, Susan Brown, Alfred Parella, Moshe Braner, Dana Baron, Gregg Lyon, Cilla Kimberly,
13   Roger Villemaire, Patrick McCabe, William Knight, Todd McCabe, Meg Musante, Mark Lords,
14   Bob Snyder, Chris Snyder and John Alden.
15
16   Mr. James called the meeting to order at 7:31 p.m.
17
18   PLEDGE OF ALLEGIANCE
19   Mr. James invited those present to join him in reciting the “Pledge of Allegiance.”
20
21   PUBLIC TO BE HEARD
22   Alfred Parella of 20 Maple Street, presented a petition to the Board with 62 signatures that he
23   personally solicited. He read the petition allowed. “We the taxpayers of Essex Junction/Essex
24   Town request that the Selectboard discontinue any effort to relocate the Town Office from the
25   Village to the Lang Farm area of Essex. We would like to see the Selectboard and Trustees work
26   together to keep the offices in the Village of Essex. We do not want the Selectboard to spend any
27   more tax dollars on this current proposal. To relocate the offices out of the village is poor planning
28   for the community at large.”
29
30   Mr. Parella spoke on two other issues. He stated that during the first meeting in December 2003,
31   which Alan Nye chaired, there was a gentleman in the audience that was crafting a survey to use in
32   the 2004 Town Meeting to see what the public thought of planning efforts in the Town. That
33   gentleman listed the survey questions and one of them asked if the respondent lived in the Village
34   or Town outside the Village. At that December meeting, Mr. Nye felt it was against his conscience
35   to place the question on the survey, but he would vote for it anyway. Mr. Parella stated he didn’t
36   hear any compelling reason that evening for the question being on the survey and he was
37   disappointed that Mr. Nye voted against his conscience.
38
39   Referring to gender and age questions on the survey, Mr. Parella didn’t feel that those questions
40   were relevant. He believed they were placed on the survey for the Selectboard to pull out any
41   sector that didn’t agree with how they felt. He felt it was a bad practice to start asking questions
42   that would allow the Board to tear apart a survey of the taxpayers.
43
44   That very same evening, there were members from the Environmental and Trails Committees.
45   They were discussing their interactions with the Board and how to better that relationship. During
46   one of the discussions, a gentleman from the Environmental Committee posed the question that he
47   would like to work on the Saxon Hill Reservoir property that the Prudential Committee had
     ESSEX SELECTBOARD                                                          September 13, 2004

48   proposed being turned over to the Town for management. Mr. Parella thought it was a good idea to
49   focus energy on the best use of that land so the Town would have a good tool to use if they
50   managed that parcel. One of the comments the committee member made was that if the Town
51   didn’t take the land from the Prudential Committee, he could share the information with them. Mr.
52   Parella felt that Mr. Nye discouraged him from doing that or sharing any survey information. Mr.
53   Parella suggested that the Selectboard review the tape.
54
55   Mr. Nye reported that the Town Survey results had been published and he had an opportunity to
56   review both the demographic and location information. He did look at the demographics in respect
57   to age. The printed results didn’t do anything with respect to demographics other than to say where
58   the surveys came from. Out of the surveys, 426 came from the Village and 522 came from the
59   Town outside the Village. The one item Mr. Nye found interesting was with respect to age as it
60   showed some interesting trends. He found that some of the concerns of the younger and older
61   constituencies varied quite a bit. As the Town moves planning processes forward in regards to
62   commercialization in some areas, housing, taxes, etc. the survey results will give the Selectboard
63   the ability to understand some different pieces. Mr. Nye stated he would check into Mr. Parella’s
64   other concern because he had never, as far as he could remember, spoken about not sharing
65   information within the community. And as far as the environment and development of natural
66   resources, he has been in the forefront on most of those issues.
67
68   On another issue, Thomas James reported that he and Dennis Lutz met with citizens on September
69   8 with relation to the Birchwood Manor development that was going through processes and they
70   answered questions on the sewer waiver. There were about 20 people that attended, and after the
71   meeting many of them reported they understood how the process was working.
72
73
74   BUSINESS
75   Liquor License Applications – 1 st Class
76   Lincoln Inn
77
78   Alex McEwing explained that a number of weeks ago he found that the Lincoln Inn might be
79   available for purchase and over the summer arrangements were made to allow the Lincoln Inn to
80   stay there. His wish was to sure up the Lincoln Inn’s facility and services, and over a period of
81   months and years he would like to make improvements to grow the business. This liquor license
82   was part of the process for that transfer to take place.
83
84   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO
85   APPROVE THE FIRST CLASS CABARET LICENSE TO LINCOLN INN D/B/A:
86   ALEXANDER’S PUB AND A FIRST CLASS RESTAURANT LICENSE TO LINCON INN
87   WITH THE USUAL ADMONITION.
88
89   Mr. Nye asked if Mr. McEwing saw the business operating the same in the immediate future. Mr.
90   McEwing replied that initially it would be operated the same, but there would be improvements
91   made by the holidays.
92
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      ESSEX SELECTBOARD                                                             September 13, 2004

 93   THE MOTION PASSED 5-0.
 94
 95   Mr. James explained the usual admonition was the Selectboard takes the issuance of liquor licenses
 96   very seriously and they expect the applicants will share in the seriousness of holding a liquor
 97   license.
 98
 99   Essex to Colchester Transportation Path Plan – Paul Craven & Jim Donavan
100
101   Paul Craven of the Chittenden County Metropolitan Planning Organization gave a brief
102   introduction. Primarily they were trying to utilize the rail rights in the Village. One of the
103   discussions that came up at the MPO was how to acquire the R.O.W. At that time their hope was to
104   use the $4.5 million earmarked for a path to go from Burlington to Essex. The Federal Transit
105   Administration controlled that earmark, and during conversations with them they were open to the
106   idea of using that earmark for acquisition of the R.O.W. Unfortunately over time that changed with
107   the loss of the Flyer and other items. However, it still remains a priority and a recommendation
108   would be made to VTrans and the legislature to consider the 8-mile corridor between Essex and
109   Burlington.
110
111   Regarding the public outreach, there was a meeting in the winter of 2003 and comments were
112   included in the Selectboard Packet. They also provided mailings to the adjacent property owners,
113   particularly those properties that went from the West Street Ext., Pearl Street Park over to Susie
114   Wilson Road. He met with the Condo Association on Kimberly Drive and provided additional
115   mailings to major property owners, such as Senecal who purchased the Cavanaugh property and the
116   Handy's. They also met with the Essex Trails Committee and placed an article in the Essex
117   Reporter.
118
119   Jim Donovan referred to a map of the proposed alternative bike/pedestrian path from Essex to
120   Colchester. He stated that an expansion map of the path was done in 1997, which looked at a path
121   that went from Essex Junction Five Corners over to Lime Kiln Road. They were asked to go back
122   and look at it in more detail because of concerns primarily west of West Street. The R.O.W. was
123   always tight between the railroad and Rt.15, therefore required a retaining wall for a good portion,
124   which was a cost concern. There was also the concern of how to get people across Rt. 15 to the
125   destinations on the north side. Furthermore, Saint Michael’s College has recently come back and
126   stated they are much more interested than they were in the past, and they wanted to discuss bringing
127   the path into the campus area. Additionally, the hospital became less and less interested in having it
128   in front of the hospital.
129
130   The alternatives they are looking at now are pretty much the same as they were before with the
131   exception that they took the line on the north side (Path #2/blueline), and tried to give it more
132   definition. It was being routed as far to one side of the properties as possible and was still outside
133   the wetlands associated with Sunderland Brook.
134
135   They added Spur #1 which would be another way of connecting into Path #2 if that was determined
136   the most feasible. Spur #1 went from West Street Extension down the access into Pearl Street Park
137   using the existing crossing, then continued up the pathway in the park that already existed. Once
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      ESSEX SELECTBOARD                                                              September 13, 2004

138   inside the park it wrapped around some of the ball fields and then started to go along the southern
139   side of the property. One of the biggest concerns in the public work session was how the path
140   impacted some of the properties, especially in the Condo Association, and that correction was done
141   to address some of those concerns. The path then comes out on the southern side of Rite-Aid and
142   down towards the filling stations, and at that point the sidewalk is widened up to the intersection
143   going north on Susie Wilson. Then it would come back down around on the west side of Susie
144   Wilson and wrap around close to Rt. 15.
145
146   Proposed Path #2 then goes back up and uses Dalton Drive to get through Fort Ethan Allen. One of
147   the biggest concerns in that area is how to cross Dalton Drive.
148
149   Proposed Path #5 goes along the side of Rt.15 and inside the park at Fort Ethan Allen. From there
150   on going towards Colchester, the options remain pretty much as they were originally stated.
151
152   Based on comments from the public and looking at it from CCMPO’s point of view, the preferred
153   alternative would be Path #4 starting close to Essex Junction, which would be the rail trail all the
154   way up to West Street Extension. At West Street Extension it would cross over to Rt. 15 and use
155   Spur #1 to get onto Path #2. After crossing over Susie Wilson Road, it would head over to Dalton
156   Drive and convert to Path #5, which goes along the outside edge of Rt. 15. At Barns it would still
157   be Path #5 although there were still some issues down there so they might end up going back
158   behind the residential area going down to Camp Johnson and Saint Michael’s. This proposal would
159   end at Saint Michael’s.
160
161   Mr. Donovan asked for Selectboard comments on the proposed path.
162
163   Ms. Myers clarified that the path began in the Village with Path #4 (pink) and then took Spur #1
164   (red) and then Path #2 (blue) until Dalton Drive when it took Path #5 (green). Mr. Donovan stated
165   that was correct.
166
167   Mr. Nye had concern that Saint Michael’s College was playing a game with the destination of the
168   trail. We were talking about a corridor that would assist in transport of people and he would like
169   there to be a discussion on how to get from Saint Michael’s College to Winooski or across to Lime
170   Kiln. He felt that stopping at Saint Michael’s College was an unacceptable solution. Mr. Donovan
171   stated that this particular study didn’t mean that the regional plan couldn’t look at that in the future.
172   Mr. Craven reported they had conversations with Saint Michael’s and raised the issue. The idea
173   was to get to Winooski; so in discussions with Saint Michael’s they suggested doing this as a first
174   step since Saint Michael’s want to make the campus more available to the public at large. He
175   explained that he would like them to have the path go through the campus to access property
176   beyond. Saint Michael’s was amenable to it but they weren’t there yet.
177
178   Mr. Torti asked if they would look for funding the project from Maple Street to Saint Michael’s and
179   look for a different round of funding to go to Winooski. Mr. Craven replied that for VTrans they
180   had to show the path that went to three separate municipalities. The municipalities could have
181   chosen to take on a particular section if they desired. What they hoped to do with the $4.5 million
182   was to acquire the railroad R.O.W. to West Street Extension, which would have been a big chunk of
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183   the first step. That earmark is now gone and he didn’t know how the funding was going to happen.
184
185   Mr. Torti asked how the community could move from conception to reality on this. Mr. Craven
186   suggested that the Selectboard propose to VTrans and the State of Vermont that when they acquire
187   rail properties they acquire the 8-mile section of New England Central from Essex into Burlington.
188   It was not only a value as a rail interchange, but also a significant value to surrounding properties.
189
190   Mr. Torti asked if the rail line were purchased would it include the property adjacent the rail since it
191   was an active rail line. Mr. Craven stated the whole rail line and property adjacent to it would be
192   purchased. If the state of Vermont owned the land, they would have to find an operator and there
193   hasn’t been a lot of success in working with freight carriers to use a rail line with multiple purposes.
194   Mr. Torti asked why it was considered the preferred option. Mr. Craven answered the preferred
195   choice was ownership because if the State of Vermont owns the line, they would have to go through
196   a process to find an operator; and in the beginning of those discussions they can say that the line
197   would be used for both rail and bike.
198
199   Mr. Torti commented that it wouldn’t be aesthetically pleasing to have a train going up and down
200   by a baby-jogger or bicycle. Mr. Craven referred to the Burlington Bike Path and the railroad by it.
201   Mr. Donovan reported that historically there hadn’t been a lot of success in working with railroads,
202   yet about five years ago, there were about 50 paths around the country and that number was rising.
203   In Vermont there’s one path sharing a railroad, the Burlington Bike Path. He felt it had to be
204   looked at as both a shared-use path for recreation and a transportation path. In terms of
205   transportation it was by far the best way to get through that area with the least amount of crossings
206   while allowing access to a lot of areas around the path. Regarding personally safety, there had been
207   one recorded accident in the entire life of all rails with trails in the U.S. and it’s questionable
208   whether that was considered a consequence of it being a rail with trail.
209
210   Mr. Torti asked if parts of the rail were in seclusion. Mr. Donovan stated the rail goes down into a
211   secluded area west of West Street Extension, but they would not go in that direction and would stay
212   up behind the shopping center.
213
214   Mr. Torti asked who would be responsible for the maintenance of the path. Mr. Craven replied it
215   would probably be the municipality.
216
217   Mr. James opened the floor for public comment.
218
219   Mosha Braner of 47 McGee Road and a member of the Trails Committee stated he used his bicycle
220   to go from Essex to Burlington. His concern was that when considering a path for transportation,
221   they look at the straightest route possible. If a path is winding it slows down speed and adds more
222   distance to an already handicapped mode of transportation. His concern was that Path #2, (blue
223   line) looked like it went all over the place. Mr. Donovan stated they also shared that concern and
224   they needed to find a balance between the safest and shortest route.
225
226   Dana Baron of 141 Brigham Hill Road was also on the Trails Committee and stated that when the
227   plan was presented to the Trails Committee he thought he remembered someone saying that State
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228   ownership of the rail R.O.W. would also help to mitigate some of the liability issues. Mr. Donovan
229   stated he didn’t believe that was the case, as all parties should have insurance including the
230   municipality.
231
232   Cilla Kimberly of 32 Woods End Drive was on the Trails Committee but spoke as a bike commuter.
233   She referred the question of safety having a path next to the rail line. She preferred to have the path
234   next to the rail line as opposed to being alongside Rt. 15, which had many curb cuts and was very
235   unsafe. The most dangerous section of her biking to Winooski was on Rt. 15 from the 5 Corners to
236   West Street Extension.
237
238   Regional Public Transportation Initiative – Bill Knight
239
240   Bill Knight of the CCMPO began his presentation by handing out a brochure titled A Regional
241   Solution to a Regional Problem and a fact sheet about public transportation in Essex. He referred
242   the Board to the copy of the Public Transportation Proposal in their packets. He explained how
243   they got into the proposal, where they were today, and then talked about some of the issues.
244
245   During the last several years, CCMPO and CCTA had been looking at what type of public
246   transportation was needed in the future and put out some plans, but not a whole lot happened. They
247   decided to put together a task force that began meeting in February which had three members each
248   from CCMPO and CCTA, representatives of the Senior Citizens, the disabled, IBM and the Teddy
249   Bear Factory. He and Chris Cole went out during the spring and summer to explain what some of
250   the issues were.
251
252   He recited their Mission Statement: “Helping Public Transportation improve economic
253   development, to improve mobility and to improve the quality of life.” Many times the public thinks
254   improving mobility means getting people out of single occupancy vehicles and on bicycles, but it’s
255   also used for economic development and there is some data on that.
256
257   Referring to Essex’s Public Transportation Picture handout, the subject was what does Essex
258   already receive and what is the potential. He’s not just talking about CCTA but also SSTA.
259   There’s a potential for public transportation to serve low-income citizens.
260
261   Ms. Myers noted that the sheet did not list the Essex Senior Bus service, which was paid for by the
262   taxpayers. Mr. Knight stated that he was aware it wasn’t on the sheet, and it probably should have
263   been.
264
265   Mr. Knight reported other benefits to Public Transportation: it reduces wear and tear on roads,
266   protects downtowns from pass-through traffic, improves air quality, reduces water runoff and lake
267   pollution and it’s a vital link for a transit dependent person.
268
269   The issue CCTA was getting into was that it served only five Towns and not the whole county.
270   People today are not staying within their own municipality so they had to start thinking about how
271   to move people within the county and between the counties, which would require a regional system.
272    As an example, he used to be a citizen of Milton who used to drive and was very active but can’t
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273   drive any longer. The only way he can get around now is by walking or using the SSTA bus to go
274   to the Senior Center, so he is stranded in his home most of the time.
275
276   The issues they had gotten into were how to run and finance regional public transportation, so they
277   looked at governance and ways to fund it other than the property tax. One of the benefits of
278   regional public transportation is that you can start saving money on financial, training, purchasing,
279   marketing and planning. Three proposals for funding were recommended: 1. The ability of the
280   district to have a regional tax; 2. Taking some of the funds, which are now coming out of the
281   general fund of the transportation fund; and 3. Creating some kind of regional impact funding.
282
283   They realized the proposal wasn’t something that was going to happen fast and it would take a
284   number of reiterations. It was presented to the CCMPO Board and CCTA Board recently and as
285   they began to visit the Towns and heard comments from the Boards they were beginning to back off
286   the recommendation. The reason they were backing off from the recommendation was, as they
287   visited the Towns, they were finding there wasn’t agreement on how to fund it, or on governance.
288   Over the last few days they’ve changed their approach, and Mr. Knight was there more to talk about
289   the issues and potential solutions because the proposal they made wasn’t going to go anywhere
290   right now. He reported that if it weren’t sold in Chittenden County, it certainly couldn’t be sold in
291   Montpelier.
292
293   Some of the issues CCMPO wanted answers to were: What does Essex see as unmet needs in our
294   Town; Do they need to expand service; should they have a new entity to serve the region; should it
295   be to just serve Chittenden County or beyond; should this be something that is a union of
296   municipalities or a new municipal structure; should the Board be elected or appointed; should votes
297   be conducted by the region or municipality; or should leave things the way they are.
298
299   One of the proposals recommended was to integrate regional transportation directly into Town
300   Plans and the Regional Plan. They also proposed to get a number of agencies together to look at
301   regional impact.
302
303   Mr. Knight stated he was very open for comments on the issues and what other things the Board
304   thought CCMPO should be considering. He also wanted the Board’s thoughts on whether or not
305   there was still a problem.
306
307   Mr. Nye expressed a concern that if the Town starts out with something more significant than
308   CCTA, local control begins to be lost, and even though they can show a great savings in the effort,
309   having worked for government at both the State and Federal levels, he’s not convinced that as an
310   entity grows it becomes more cost effective. Mr. Nye’s other concern was that when an
311   organization is created it does something. For example, he didn’t believe there was any local
312   support from the County for train service other than the upgrade of the rail line yet money was
313   spent on it. There is a service to be done out there and if it can’t be done by the public sector in a
314   profit mode, where does the line get drawn on how much is subsidized by tax dollars both state and
315   local tax dollars. Mr. Knight commented that it was his understanding that there wasn’t a public
316   transportation system in the world, except for one, that wasn’t subsidized. He believed they were
317   dealing with some sort of subsidy but the question becomes what’s the best way to respond. Mr.
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318   Nye recommended that when a transportation service is found not to work they should back away.
319   The problem becomes when and how to back out of something.
320
321   Mr. Torti stated one of his major concerns when this was proposed was that it would create another
322   layer of bureaucracy in Chittenden County. He listed: Metropolitan Planning Organization,
323   Regional Planning Commission, Chittenden County Transportation Authority, Chittenden Solid
324   Waste District, Champlain Water District, County Sheriff and County Side Judge and 10 police
325   departments for 100,000 people. He felt we had one of the most inefficient organizations to plan
326   and manage government in Chittenden County than he’s seen in the country. Adding one more
327   elected or appointed board that would have the ability to have taxing authority through impact fees
328   made him a little nervous.
329
330   Mr. Torti believed the funding proposals were unrealistic given the current status of the State
331   budget. Dipping into the General Fund and bringing it into the Transportation Fund would create a
332   whole host of financial problems. If a regional tax for public transit were going to be proposed it
333   should be expected that public transit would be desired in other areas and they should be prepared
334   for a statewide tax. He didn’t believe that the solution the Committee came up with was ready for
335   the Legislature. He recommended taking a wait-and-see attitude.
336
337   Mr. Knight reported that Chittenden County puts 24% of property tax into transportation. When
338   they looked at some other transit operators around the state, it was down to 3-5%. One of their
339   issues became one of equity because Chittenden County wasn’t getting as much State money for
340   public transportation as other parts of Vermont; and although we may never be equal, we should be
341   more equal than we are.
342
343   Mr. Torti referred back to his concern that this was more a political problem than a practical
344   problem. He didn’t see the emergence of a ‘champion’ in Montpelier that would help drive this
345   proposal. Unless the Chittenden County political will was there behind the proposal, it would be
346   dead on arrival when it reached the Senate and House. Mr. Knight reported that they were not
347   going to send it until they were confident that it had a chance. They would be presenting the issues
348   of the proposal to the Legislature in October for their input.
349
350   Mr. James stated that having lived in different states with large cities it was clear that mass transit
351   does somehow get subsidized. The biggest issue that comes to his mind when considering the
352   population of Chittenden County is that it’s hard to find a mass of people, but what we do find is a
353   lot of individual circumstances that need help. We are trying to find a solution in mass transit to
354   solve a small, almost anecdotal situation. Mr. Knight replied that they were trying to explain public
355   transportation was more than mass transportation. At the Federal level there was some concern that
356   various federal programs have money in them for transportation, and the President issued an
357   executive order to take a look at it. Now Vermont has also decided to take a look at Federal funds,
358   which may not sound like much, but if we look throughout the State there are different rules for
359   different kinds of money. For instance, SSTA is caring for the handicapped and seniors, yet it is
360   prohibited from picking up anyone that wants to go to work. There is an argument to be made to
361   relax the rules so that as long as SSTA is out there they could pick up someone that wanted to go to
362   work. If we can start looking at some of those Federal Funds and the rules and regulations that go
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363   with them we could get more out of our existing money.
364
365   Mr. Carr responded that as a Board Member of the MPO he was one that spoke unflatteringly about
366   the governance issue. One of the issues was no matter how it was determined who was in the
367   system and who was out, he couldn’t imagine a scenario where the legislature would list the Towns
368   to be a part of this with its resulting in a majority vote among all the communities. Whereas, a
369   community might be compelled to join even though a majority of people that live in some of the
370   communities didn’t have a majority of people who felt they should make that kind of investment.
371
372   Mr. Carr was also troubled by the status quo; not only do we have to think about where we are, but
373   where we are going to be 5-10 years from now. One of the issues that led him to walk out in front
374   of the commuter rail system was the belief that 25-30 years from now we would need some kind of
375   public transportation system. If we didn’t do something in this regard, 25 years from now people
376   would be wondering why we didn’t take advantage of the opportunity. He didn’t see any public
377   imperative right now, and he didn’t know what the catalyst would be to get people out of their cars
378   to move around. He felt they had to keep the task force going because an alternative to the property
379   tax was needed. He also felt Chittenden County was a unique region of the U.S. in that we didn’t
380   have County governments. The Chittenden Solid Waste District model worked only because the
381   State Legislature said we would be compelled to deal with our solid waste. There is no compelling
382   reason for the Legislature to tell us we have to deal with public transit that he can see, unless it
383   comes from the people that the Selectboard serves and percolate from the bottom up. He felt
384   CCMPO needed to keep the process going because communities have to take advantage of an
385   opportunity to do something before it becomes impossible to do so.
386
387   Mr. Knight reported that the Metropolitan Transportation figures for 2025 forecasted congestion
388   going up 300% if they do nothing. The good news is if we do something if would only go up 270%.
389   There is not enough money to build what we need in the future. We do need to find solutions, but
390   we need to slow down a little and take baby steps.
391
392   Mr. James felt another way to look at it was to take a look at history to see what the situation was
393   and what it is today. That history might help to build a case to say that it makes sense to look at
394   public transportation.
395
396   Mr. Knight believed there was a problem in public transportation and there were people that could
397   have been louder in speaking up but haven’t, such as seniors and low-income citizens. People in
398   the social service system are getting abused by not having public transportation. There is a silent
399   population out there now, but he doesn’t believe that the baby-boomers will remain silent when
400   they begin to need services.
401
402   Mr. Nye asked if there was an effort from CCTA to pressure the State level to assist in mitigating
403   the local excessive cost for CCTA. Mr. Knight replied that until they could figure out where the
404   money would come from, they might not be able to put a governing structure together. Once they
405   get past November, they can start talking about equity throughout the State. Until there is a
406   transportation bill passed by Congress no one will know what the financial situation will be with
407   the government.
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408
409   Mr. James thanked Mr. Knight for his time in giving the presentation.
410
411   CCRPC Regional Plan Update – Garrett Mott
412
413   Garrett Mott introduced himself as a the Regional Planning Commissioner for Buell’s Gore who
414   was standing in for Bill Knight who was giving another presentation that evening. Mr. Mott was in
415   charge of the Committee that was doing the 2006 Regional Plan.
416
417   Mr. Mott felt that the 2001 Regional Plan could have been done better. The Commissioners felt
418   one of the biggest issues they had was not getting people involved early enough. By Statute the
419   Regional Planning Commission is required to hold two public hearings before the Commission
420   votes whether or not to adopt the plan. One public hearing is required 30 days before the vote and
421   the other is 60 days. Mr. Mott believed that was too short a period.
422
423   Mr. Mott distributed a timeline for the 2006 Regional Plan. CCPRC has approximately two years
424   from now to adopt a plan and during that time they will be writing three different drafts before the
425   first public hearing. Hopefully this will give the member municipalities and regional partners more
426   time for input. They will be going to every Selectboard in Chittenden County to solicit ideas and
427   concerns. They would like it if the Selectboard and citizens would tell them what they’d like
428   changed, added or taken out. Comments can be made by mail or through the RPC’s web site at
429   www.ccrpcvt.org. The 2001 Regional Plan can be downloaded from the site also. There are also
430   on-line forms where citizens can comment about specific areas of the plan or the plan in general.
431   They have also set up an e-mail box for comments at 2006regionalplan@ccrpcvt.org.
432
433   Mr. Nye commented that the Regional Plan had been written over a period of time and there had
434   been significant input from communities during that time. He hoped the current Regional Planning
435   Commission would not disregard comments that people had given them over the past years and
436   suggested that they not try to create something newer than what was desired in those comments. He
437   felt the Regional Planning Commission decided to go in another direction on some of those
438   comments and issues in the last plan.
439
440   Mr. Mott replied that the only problem with Mr. Nye’s suggestion was that there probably wasn’t a
441   single issue where different communities didn’t have a different point of view. Nobody was going
442   to be 100% happy with the plan.
443
444   Mr. Carr cautioned Mr. Mott that Commission should be careful on the ‘shall’ vs. ‘may’ issue.
445   They should also be careful not to use the Regional Plan as a device to expand control of the
446   regional development review beyond their initial control, specifically expanding their review of the
447   criteria in the act 250 review process. Mr. Carr reported he heard from other Regional Planning
448   Commission members that this was proposed. Mr. Mott replied that precise issue came up in a
449   meeting with Colchester, and words of Greg Brown were taken out of context. When that was
450   remarked upon, all Mr. Brown was doing was spelling out pre-existing state statutorial
451   requirements for Act 250 and in that time he also said he had no intention, nor desire in expanding
452   the criteria in any way shape or form.
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453
454   VYCC Grant Authorization – Mark Berry
455
456   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO APPROVE
457   THE GRANT APPLICATION TO THE VERMONT YOUTH CONSERVATION CORPS
458   AND THE GRANT REQUIRES NO MATCHING FUNDS OTHER THAN THE
459   MATERIALS TO COMPLETE THE PROJECT. SAID PROJECT IS IN THE BROWN’S
460   RIVER PARK.
461
462   Mr. Nye asked if a land management plan had been developed yet and if there was a canoe access
463   planned. Mr. Berry answered there was no plan yet but that a canoe access would be a potential
464   project.
465
466   THE MOTION PASSED 5-0.
467
468   Adoption of 2004 Recreational Needs Survey Recommendation – Mark Berry
469
470   Mr. Berry explained that Betsy Orselet had presented a draft of the Recreational Needs Survey
471   Recommendations to the Board in June 2004 and she took the suggestions and comments back with
472   her to integrate them into the recommendations. Mr. Berry turned the floor over to Betsy Orselet.
473
474   Ms. Orselet reported that copies of the survey were available at both libraries, as well as on the
475   Town’s web site. She presented it to members of the Trails Committee, Planning Commission and
476   Essex Rotary. Generally the consensus was they were happy with the plan and there were no major
477   red flags but there was some tweaking needed. Ms. Orselet asked for Board comments on the
478   recommendations.
479
480   Mr. Torti stated that he could not support Recommendation #3 implying that the Tree Farm be
481   considered for recreational amenities in addition to soccer fields. He reported that when the idea
482   was first initiated, it wasn’t contemplated to be a large multi-use community park. The lease
483   arrangement now states that no permanent structures are allowed and there is no water or sewer.
484
485   Ms. Orselet explained that it wasn’t recommended that it happen, but that if there becomes a need
486   for a large community park that this area might be a possibility. Essex doesn’t have a large
487   community park like the Airport Park in Colchester.
488
489   Mr. Torti still wasn’t comfortable with the recommendation because if the park were used for other
490   amenities it would change the character of the neighborhood and the character of the fields. There
491   were also some statutory conditions with the State that would have to be overcome.
492
493   Ms. Myers stated she understood the idea behind the recommendation but whenever something is
494   put down in a document, it gives the impression that the Town could look forward to it sometime in
495   the future. She felt that would be giving an impression that it was something that could be
496   considered, where Mr. Torti stated it would be difficult to get past statutory conditions.
497
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498   Ms. Orselet stated that respondents in the survey were interested in looking to the future for
499   recreational space; she was looking at how to utilize existing facilities.
500
501   Mr. Carr felt there might be concern of the people who bought property that it would be happening
502   and it may make it more difficult to do the passive recreation allowed. Ms. Orselet stated she didn’t
503   have a problem with taking the recommendation out of the report.
504
505   Mr. Torti expressed his concern that a skateboard park was an issue that needed to be solidified.
506
507   LINDA MYERS MOVED AND THOMAS TORTI SECONDED A MOTION TO ACCEPT
508   THE FINAL REPORT OF THE RECREATIONAL NEEDS SURVEY
509   RECOMMENDATIONS DATED SEPTEMBER 8, 2004 WITH RECOMMENDATIONS #1
510   THROUGH #9 EXCEPT WITH THE ELIMINATION OF RECOMMENDATION #3.
511
512   THE MOTION PASSED 5-0.
513
514   New Utility Pole Permit on Susie Wilson Rd. - Dennis Lutz
515
516   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
517   APPROVE THE NEW POLE PERMIT FOR SUSIE WILSON ROAD, IDENTIFIED AS
518   POLE NUMBER 12 1/3, AS PER MEMORANDUM DATED SEPTEMBER 7, 2004 FROM
519   DENNIS LUTZ.
520
521   THE MOTION PASSED 5-0.
522
523   Zoning Amendment Receipt/Hearing Schedule – Herb Durfee
524
525   Mr. Durfee noted for the record that there was a letter from Lamoureux and Dickinson on behalf of
526   Roger Villemaire that was to be considered comment as the Board solicits input during the Public
527   Hearing process, and if they choose to move forward with the Zoning Amendments this would be
528   part of it.
529
530   Mr. Durfee reported that the Planning Commission held its Public Hearing and forwarded their
531   comments to the Board. That triggered the 15-day clock and if the Selectboard chose to go forward
532   with the zoning amendments they would have to hold at least two public hearings outside of that 15
533   days. The amendments that the Planning Commission sent to the Board did not incorporate
534   changes the Board recommended through Patrick Scheidel’s letter.
535
536   Staff was recommending that the Selectboard hold public hearings on November 1 and November
537   15. This would provide opportunity to discuss the amendments and gives ample time for warning.
538   Mr. Durfee reported that there were a number of changes in the Permit Reform Bill that he felt
539   needed to be incorporated into the regulations. However, those items should be recommended by
540   the Town Attorney. He would get those changes to the Board 15 days before the first public
541   hearing. The other reason for the timeline’s expedition was Mr. Villemaire’s current situation
542   business-wise and his constant request for a Zoning Amendment.
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      ESSEX SELECTBOARD                                                             September 13, 2004

543
544   Mr. Carr asked if the Town would have to defer some of the Zoning Regulations to State law if we
545   didn’t consider Chapter 117 in the Zoning Amendments. Mr. Durfee replied that the Town already
546   had deferred some as of July 1st and there will be two more dates in the future: January 1, 2005 and
547   July 1, 2011.
548
549   Mr. Torti commented that a November 1st Public Hearing would be the night before the election.
550   Mr. James recommended that be considered after more discussion.
551
552   Mr. Carr asked that because Chapter 117 was technical in nature could the Town warn a Public
553   Hearing, and if there were major adjustments needed after would they be required to have another
554   round of public hearings. Mr. Durfee replied that he was getting the information to the Board early
555   enough to avoid this. If changes were substantial enough it would be up to the Selectboard to decide
556   if they would want to warn a public hearing. Most of the changes seem to be technical in nature
557   and were needed to keep up with statutory requirements. There may be additional changes
558   considered when going through the statutory requirements and those are the ones that the Board
559   would need to consider warning.
560
561   Mr. James asked Mr. Durfee how he would like to fit everything into the public hearing time frame.
562   Mr. Durfee stated that he would need to speak with Town Counsel, so he didn’t have an answer to
563   that this evening but would hope to be ready with those issues to warn a Public Hearing by the end
564   of October.
565
566   Mr. Carr asked for an explanation on the Planning Commission’s decision to retain the ability to
567   restrict height to 25’ in the Town Center. Mr. Durfee stated the Planning Commission felt it was
568   important to have the flexibility to limit height should there be a view to protect in that area. By
569   keeping it in the maximum building height would still be 40’ yet it would allow the Planning
570   Commission the ability to lower that height.
571
572   Mr. Durfee explained that in the past when public hearings were warned it was believed that the
573   Zoning Amendments were live at the time of the warning; but after speaking with the Town’s
574   attorney, before adoption or rejection any proposed development would have to be measured by
575   both new and old Zoning Regulations.
576
577   Mr. Durfee stated he would work with Patrick Scheidel on the date of the public hearings since
578   November 1st was not a good date.
579
580   Proposal to Revise Sewer Core Area – Mark Lords
581
582   Mr. Carr disclosed to members of the Board and abutters that in another community he had a
583   professional relationship with Mr. Lords and Mr. Schneider.
584
585   Bob Schneider introduced Mark Lords and Chris Snyder. He referred to a memo that Dawn Francis
586   had distributed to the Board that evening from Town Staff dated September 9, 2004. He stated that
587   they had a purchase and sale agreement with the Unsworth family for 217 acres of land adjacent to
      Draft                                             13
      ESSEX SELECTBOARD                                                             September 13, 2004

588   Indian Brook, off Indian Brook Road. They entered into the agreement in 1995 and since then have
589   been trying to figure out how to develop the property and move the property into the sewer core.
590   Recently Snyder Company has been able to enter into a purchase and sale agreement for the Bushey
591   property off Rt. 117 almost towards the Jericho boundary. They felt that provided a unique
592   opportunity to consider how both of these properties could work in tandem so both the Town and
593   developer could fill some needs and wants. They’ve had several discussions with Mr. Durfee and
594   Ms. Francis discussing some of their ideas for developing the Unsworth and Bushey properties.
595
596   Mark Lords explained that there were actually three zones on the Unsworth property: low medium
597   residential, C-1 and C-2 Zones. Based on the density, the property could take 140-145 units. But
598   because it was not in the sewer core and the soils were not great, they would need to develop it as a
599   10-lot subdivision. He referred the Board to a sketch of possible development on the Unsworth
600   property under current regulations showing the 10-lot subdivision. They have held off on
601   developing the property that way because Town staff felt that wasn’t the preferred development
602   pattern for that site.
603
604   Mr. Lords then showed the Board a conceptual plan of 48-single family homes with a road off
605   Indian Brook Road, which tied into Walden Woods and then would tie in with denser multi-family
606   type housing. They have been very successful with the carriage type homes throughout Chittenden
607   County. In the end there would probably be a total of 65 units. In meetings with staff one of the
608   important items was to preserve the woods’ line and open meadow along Old Stage Road and this
609   plan did that. They proposed to deed the C-1 zone to the Town to make it part of the Indian Brook
610   Park or to be owned by the homeowners associated with trail rights deeded to the Town citizens.
611   They proposed to build trails for cross-country skiing, etc. and could also building some type of
612   gatehouse at the entry to make a better sense of arrival to Indian Brook. They proposed to build
613   stone columns or signs and parking at the entrance. This could happen if the property were
614   developed as a PRD with sewer on the site.
615
616   Mr. Lords then showed a map of the Bushey property containing 77 acres that was zoned Industrial.
617   Based on the sewer study, the sewer allocation to the 77 acres was 23,100 gallons per day. It could
618   either be developed as industrial or residential. The soils there were very suitable for on-site septic.
619
620   Mr. Lords explained that the Snyder Company was proposing that the Selectboard remove the
621   Bushey property from the sewer core and rezone it to low density residential. The access road to
622   that site goes up a hill, which would make it difficult for trucks to get up, but would be acceptable
623   for car traffic. In exchange for taking the Bushey property out of the sewer core, they asked that the
624   Town move the sewer allocation to the Unsworth property. He referred to the lines on the large
625   map that showed the realignment of the sewer core. There were properties inside the new sewer
626   core that Snyder Company did not own and two of those parcels were owned by Essex Alliance
627   Church. In Snyder’s conversations with the Church, Mr. Slocum stated the Church was very much
628   in need of sewer in order to meet their growth plans. This would allow Essex Alliance Church to
629   have the sewer they need and not have to leave the Town.
630
631   Overall, if they took the Bushey property out that would free up 23,100 gallons per day. If there
632   were 66 homes on the Unsworth property they would use up 13,200, the Church needs 4,000
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      ESSEX SELECTBOARD                                                           September 13, 2004

633   gallons and the 18 existing homes in the area, if they decided to hook up would use 3,600 gallons
634   per day. All that added up to be 20,800 gallons per day leaving about 2,300 gallons per day free to
635   use.
636
637   Mr. Lords stated Dawn Francis and other staff members did a good job talking about some of the
638   benefits and concerns in the proposal. He believed Indian Brook Reservoir was a wonderful site
639   and with improvements would be a lot better. They would be deeding about 104 acres to the town
640   improving the entrance and adding to the trail system. They could also provide access from Old
641   Stage Road to Indian Brook for a multi-use path.
642
643   Mr. Lords felt there was a need for single-family housing in Essex and listed data for the number of
644   permits for single-family housing in Essex since 1998: In 1998, there were 64 single family home
645   permits; in 1999 – 59; in 2000 – 24; in 2001 – 17; in 2002 – 7; and in 2003 – 19. That trend
646   showed there was a real need for single-family housing. He referred to the 2001 Town Plan Goal
647   #2.1, which encouraged a mixture of housing that was suitable for all income levels. He realized
648   that single-family homes normally ran on the high end, but the Town Plan suggested that single-
649   family homes should be available to all income levels and yet single-family home production had
650   dropped over the past few years.
651
652   Another very important benefit was that goal 3.1 in the 2001 Town Plan stated that the Town
653   should promote increased density and cluster development in and around the Town Center. This
654   development was within walking distance of the Town Center. This seemed to him a logical place
655   for a development since it would enhance the economic viability of the Town Center and increase
656   the tax base.
657
658   Other economic factors would be the possible relocation of the Essex Alliance Church to another
659   Town if sewer doesn’t become available. That would be a loss of a valuable asset and an economic
660   stimulus of 1,500 people a week.
661
662   Mr. Lords referred to a report done by the Essex Town Center Committee and on page two it stated
663   that the consultants that prepared 1991 Town Center Master Plan envisioned that it would take 25-
664   50 years for full build out of the area. The Bushey Industrial land was a Class B Industrial site and
665   other areas in the Town were more suitable. It was conceivable that it may never be built.
666   He also referred to the Town’s desire for a connection from Rt. 117 through Hector LeClair’s
667   property to Rt. 15. As they would develop the Bushey property, they would bring a 60’ R.O.W.
668   road up from Rt. 117 and get that connection started.
669
670   Mr. Lords stated there were some negatives to the proposal. For instance, seventy-seven acres of
671   Industrial land would be lost and they would need to look at water and sewer supply issues before
672   moving any further with the proposal.
673
674   Mr. Schneider stated they didn’t have a chance to study the memo that staff distributed to the
675   Selectboard that evening, but there were some recommendations made at the end that they could
676   work on with the Town. An economic analysis would need to be done at some point, and before
677   they launched into it and paid for it they wanted to make sure the Town and Selectboard were
      Draft                                            15
      ESSEX SELECTBOARD                                                            September 13, 2004

678   leaning towards moving in this direction.
679
680   Mr. Torti noted that the proposal was unique and could be a benefit. As one Selectboard member,
681   he thought it would be worthwhile to go through the exercise of considering it. This was the first
682   time he’s seen a proposal that talked about changing the sewer core without it being pure
683   expansion. Mr. Torti also felt the Church was a clean industry and he would hate to see it leave; it
684   was a benefit to the community in many ways. He supported more study and deliberation on the
685   proposal.
686
687   Mr. James stated that any time they have conversation that even gets close to sewer core it relates to
688   expansion yet this proposal was different. He would want to know what other things, places and
689   possibilities would be brought into play if they were to consider this. He also felt that anything to
690   do with the sewer core in an isolated way marshmallows out. He didn’t have an immediate sense
691   that this wouldn’t work but all these things would need to be taken into consideration.
692
693   John Fitzgerald of 15 Ira Allen Drive asked where the impairment of Indian Brook started. Dennis
694   Lutz responded that the impaired section went from Old Susie Wilson Road and extended up
695   through the Village, then into Town up to Rt. 15 to Lang Farm and headed up to the backside of
696   Butler’s Corners. Without having a reference map in front of him he wasn’t able to determine if the
697   Unsworth property was at the headwaters or just slightly above it. Indian Brook Reservoir itself
698   was not impaired and impairment started somewhere south of Indian Brook Road where it crosses
699   on Old Stage Road. Mr. Snyder understood that they would need to deal with stormwater on a
700   separate basis.
701
702   Mr. Carr expressed appreciation to the presenters and also to Essex Alliance Church for the
703   coordination of crafting the proposal. He’s been troubled by the statistics relating to the expansion
704   of housing stock in our community. He noted there were a couple of questions on the Town survey
705   that stated citizens were happy with development in the Town, but he wasn’t sure the residents were
706   fully aware of the housing permit data. He had also been troubled by the prospect of loosing Essex
707   Alliance Church. His other concern was recognizing the way the sewer ordinance was constructed
708   and how the 15 property owners within the boundary might be affected by waiver agreements. For
709   instance, educating the residents on the cost of hooking up now vs. hooking up later and the
710   ramifications of selling property if they don’t hook up. He would like to talk encouragingly about
711   pursing the investigation of this opportunity and would like a ‘win-win’ and well-reasoned
712   approach for the developers and citizens of Essex. Mark Lords stated Snyder Company hadn’t
713   taken that into consideration when plotting the sewer boundary. It seemed the most logical
714   boundary and they were trying to be inclusive but now they realize that they would need to address
715   those issues.
716
717   Ms. Francis reported that they just had inquiry from two large landowners north of this property,
718   Old Stage Village Limited Partnership with at least 100 acres and the A. Johnson Company. Both
719   expressed interest in what the Snyder project involved and what it might mean for the possibility of
720   sewer to their property. Mr. Lords realized that this project may open up other requests, but this
721   project was unique enough for the Town to be able to say more expansion outside of this area was
722   not wanted.
      Draft                                            16
      ESSEX SELECTBOARD                                                           September 13, 2004

723
724   Mr. Nye believed that the business/commercial/industrial land was sacrosanct because it was easy
725   to take and place residential projects on it. He noted the Bushey property had an incline, but there
726   were other ways to make the property accessible for commercial/industrial. It would take a lot to
727   convince him to take land out of commercial/industrial to provide for additional residential homes.
728
729   Mr. James presumed that the presentation was to solicit the Selectboard’s ideas of the project. Mr.
730   James’ impression was that they shouldn’t go to the bank for a study yet but the proposal was
731   something to think about. He always has a problem when someone says more homes would help
732   pay for taxes, when in fact single-residential homes can add more children to the schools, and taxes
733   couldn’t make up for the cost of educating their children. Mr. James referred to the memo that Staff
734   distributed that evening and saw a lot of benefits. In his view he would need to see the proposal
735   another two or three times before he understood all the ramifications and benefits. Mr. James didn’t
736   want to imply that it was so unique a project that the Selectboard was all for it. They needed time to
737   consider the proposal in a balanced way.
738
739   Municipal Building Design Proposal – John Alden
740   Mr. Alden stated this was his third visit in front of the Selectboard for the proposed Town Office
741   Building. During the last meeting they discussed the merits between the pitched roof and the flat
742   roof and they went back to look at various design particulars using the flat roof scheme. The
743   packets contained revised drawings of a building with a flat roof and refinements made to soften the
744   building and make it more welcoming. He brought new renderings of the building to review.
745
746   Mr. Alden reported the biggest concern was that the entry and meeting room were blocked in and
747   didn’t reach out and invite people in. They created a more welcoming feel by adding more glass
748   and creating a canopy over the entry and courtyard. They increased the height of the stairwell and
749   added to it a vertical roof so it would act as a beacon for the building.
750
751   The other issue was the siding material used which the Board thought resembled metal. He
752   recommended going back to wood or a composite siding that would be in keeping with other
753   materials in the area that was rendered on the plan. This rendering would leave the Town with a
754   building that was still looking towards the future and representative of the community.
755
756   Mr. James asked if the floor plan had the same integrity that it had before. Mr. Alden replied it was
757   the same except for the shape at the end of the meeting room, which would be moved slightly. The
758   spaces within the plan were very efficient and they didn’t want to deviate from it. There might be
759   some minor interior changes that would be considered customary.
760
761   Ms. Myers asked Mr. Alden to explain the differences in the flat roof vs. a pitched roof. Mr. Alden
762   explained that the flat roof technology and materials used for it now were far superior to materials
763   available ten years ago. They are routinely 20-30 years plus in lifespan and much easier to repair.
764   A pitched roof has the problem of controlling surface drainage outside the building, which
765   contributes to icicles, snow piles and wet areas around the building. All those things are easier to
766   manage if there isn’t a lot of public circulation around the building, but this building would have
767   people coming in all the time and various entries and walking areas around the building. They
      Draft                                            17
      ESSEX SELECTBOARD                                                             September 13, 2004

768   would rather manage the roof water inside the building than outside.
769
770   Mr. Nye apologized for not being at the last meeting when the Selectboard made the decision for a
771   flat roof and as they move forward he would support the decision of the Board. He had concern
772   with the appearance of the facility as it wasn’t what he envisioned. Mr. Nye referred to the
773   comment made in the last meeting minutes that the tone hadn’t been set for the area yet. Mr. Carr
774   replied that what he understood was that this building shouldn’t try to be like all other buildings in
775   the area and what was being proposed was an attractive approach to diversity and what the area
776   could evolve to be.
777
778   Mr. James reminded the Board that they needed to try to conclude so they could take the next step
779   and adopt a bond schedule and warning. If the Board was at a point where they were OK to
780   approve, they could move to the other pieces. He asked if the Board was at that point.
781
782   Mr. Carr clarified that the maximum cost amount would be $4.5 million for the entire project. He
783   referred to the increase in costs during the design phase and the way material costs were going to go
784   in the next nine months. They have taken a prospective view taking into account the cost material
785   inflation over the past couple of years.
786
787   John Fitzgerald asked if the $4.5 million included renovations to 81 Main Street. Mr. James replied
788   it did not. A significant portion of the funds to renovate 81 Main Street would come from funds
789   that are preserved now.
790
791   Mr. Torti stated that the numbers on construction cost for the project were in line with what they
792   were seeing now in per square foot construction costs - $145 to $165 per square foot. No one likes
793   the number and he would like to see it lower but they need a building that is going to last. Two
794   years ago it would have been $110 to $120 per square foot. If they waited another two years it
795   could be $180 to $200 per square foot.
796
797   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION THAT
798   THE SELECTBOARD PRESENT TO THE VOTERS OF ESSEX, AS BASED ON THE
799   WARNING TO BE DETERMINED, THE PLAN FOR A NEW MUNICIPAL CENTER AS
800   REPRESENTED IN THE DRAWING AND PRESENTATION OF SEPTEMBER 13, 2004
801   BY JOHN ALDEN TO THE SELECTBOARD.
802
803   THE MOTION PASSED 4-0-1. (Alan Nye abstained).
804
805   Adopt Bond Schedule, Resolution and Warning
806
807   ALAN NYE MOVED AND LINDA MYERS SECONDED A MOTION TO AMEND THE
808   AGENDA TO TAKE UP THE TOWN BOND SCHEDULE, RESOLUTION AND
809   WARNING AFTER EXECUTIVE SESSION AS THEY MIGHT BE DISCUSSING SOME
810   ITEMS AND PRACTICAL ISSUES DURING EXECUTIVE SESSION WITH RESPECT TO
811   FUNDING.
812
      Draft                                             18
      ESSEX SELECTBOARD                                                 September 13, 2004

813   THE MOTION PASSED 5-0.
814
815   Errors and Omissions
816
817   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION TO
818   APPROVE CORRECTIONS TO THE GRAND LIST AS REQUESTED BY THE STATE
819   TAX DEPARTMENT AS OUTLINED IN THE MEMORANDUM DATED SEPTEMBER 8,
820   2004 FROM RANDY VIENS.
821
822   THE MOTION PASSED 5-0.
823
824   Minutes of August 16, 2004 and August 30, 2004
825
826   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
827   ACCEPT THE MINUTES OF AUGUST 16, 2004 AS PRESENTED.
828   THE MOTION PASSED 5-0.
829
830   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
831   ACCEPT THE MINUTES OF AUGUST 30, 2004 WITH SELECTBOARD CORRECTIONS:
832   Line 248: insert an apostrophe after Mr. James.
833   THE MOTION PASSED 5-0.
834
835   CONSENT AGENDA
836
837   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
838   ACCEPT THE CONSENT AGENDA WITH SELECTBOARD MEMBER COMMENTS AS
839   INDICATED.
840   Check Warrants August 26 & September 2, 2004
841   Invitation to R. Gerardi Reception
842   Fall & Winter Business Travel Guide
843   Land Use Permit – Countryside Parcel C
844   Flooding Costs for Storm Events
845
846   Agendas
847   Town Plan Public Forum – September 9, 2004
848   CCMPO Public Hearing Notice September 15, 2004
849
850   Minutes
851   Planning Commission July 22, 2004
852   CSWD August 25, 2004
853
854   Letters
855   To Robert Lemire from Wastewater Management Division regarding 2-Lot Subdivision
856   To Charles Safford from Allen & Brooks regarding Review of Proposals for New Town of

      Draft                                      19
      ESSEX SELECTBOARD                                                           September 13, 2004

857         Essex Municipal Building
858   Mr. Nye found the analysis of site selection of the Town Building to be interesting. It appeared that
859   the parcel of land they were working with did seem to be comparable with other sales within the
860   area. There were many items that the Selectboard considered in respect to this project that weren’t
861   analyzed by Allen & Brooks. Mr. Torti added that he hoped the Village Trustees and Manager
862   would take some interest in the project and support it in respect that it was really in the financial
863   interests of the people of Essex both inside and outside the Village.
864
865   Memos
866   From Dennis Lutz regarding Pole Permit Concern
867   From Dennis Lutz regarding Storm Damage
868
869   THE MOTION PASSED 5-0.
870
871
872   EXECUTIVE SESSION
873
874   AT 10:50 P.M. JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A
875   MOTION TO ENTER EXECUTIVE SESSION TO DISCUSS PERSONNEL, CONTRACTS,
876   AND PENDING LITIGATION TO INCLUDE THE TOWN MANAGER AND DEPUTY
877   TOWN MANAGER. THE PREMATURE PUBLIC KNOWLEDGE OF THE ISSUES TO
878   BE DISCUSSED IN THE EXECUTIVE SESSION WOULD PLACE THE MUNICIPALITY
879   AT A SUBSTANTIAL DISADVANTAGE. THE MOTION PASSED 5-0.
880
881   AT 11:40 P.M. THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A
882   MOTION TO EXIT EXECUTIVE SESSION. THE MOTION PASSED 5-0.
883
884   ALAN NYE MOVED AND LINDA MYERS SECONDED A MOTION TO ADOPT A
885   RESOLUTION TO INCUR A BONDED DEBT FOR THE PURPOSE OF A NEW
886   MUNICPAL BUILDING. THE MOTION PASSED 5-0.
887
888   ALAN NYE MOVED AND THOMAS TORTI SECONDED A MOTION TO ADOPT A
889   WARNING FOR A SPECIAL PUBLIC INFORMATIONAL HEARING ON NOVEMBER 1,
890   2004 AND AN AUSTRALIAN BALLOT VOTE ON NOVEMBER 2, 2004 TO SEEK
891   APPROVAL ON BONDS IN AN AMOUNT NOT TO EXCEED $3.8 MILLION TO BE
892   FINANCED OVER A PERIOD NOT TO EXCEED 20 YEARS FOR THE PURPOSE OF
893   THE CONSTRUCTION OF A NEW MUNICIPAL BUILDING ON APPROXIMATELY 2
894   ACRES OF LAND TO BE LEASED FROM THE LANG REVOCABLE TRUST LOCATED
895   AT 35 ESSEX WAY. THE ESTIMATED COSTS OF THE ABOVE REFERENCED
896   IMPROVEMENTS IS APPROXIMATELY $4.5 MILLION. THE MOTION PASSED 5-0.
897
898   ALAN NYE MOVED AND JEFFREY B. CARR SECONDED A MOTION TO NAME THE
899   PROPERTY FORMERLY OWNED BY THE LANGS OFF ESSEX WAY WHICH IS NOW
900   BEING DEVELOPED AS A TOWN PARK AS “MYERS PARK”, IN HONOR OF MARTY
901   MYERS. THE MOTION PASSED 4-0-1 (LINDA MYERS ABSTAINED).
      Draft                              20
      ESSEX SELECTBOARD                                       September 13, 2004

902
903   AT 11:52 P.M., JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION
904   TO ADJOURN THE MEETING. THE MOTION PASSED 5-0.
905
906
907
908
909
910   Respectfully submitted,
911   June M. Campbell
912
913   June M. Campbell
914   Recording Secretary
915
916   Approved this _______________ day of _________, 2004.
917
918   (See minutes of this date for corrections, if any).
919
920   _______________________________
921   Thomas W. Torti, Clerk, Selectboard
922
923   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)




      Draft                                             21
 1                                           TOWN OF ESSEX
 2                                            SELECTBOARD
 3                                               MINUTES
 4                                             October 4, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Jeffrey B. Carr, Linda Myers, Alan Nye and Thomas
 7   Torti.
 8
 9   OTHERS PRESENT: Patrick Scheidel, Town Manager; Dawn Francis, Deputy Town Manager;
10   Jesse Beck, Scott Slocum, John Alden, Paula Duke, Gary Smith, Valerie Smith, William Peters, Sr.,
11   Bob Marcotte, Gregory Walsh, Jeff Kolok, Erik Post and Mary Post.
12
13   Mr. James called the meeting to order at 7:31 p.m.
14
15   PLEDGE OF ALLEGIANCE
16   Mr. James invited those present to join him in reciting the “Pledge of Allegiance.”
17
18   PUBLIC TO BE HEARD
19   No one addressed the Board on issues not on the agenda.
20
21   JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO AMEND THE
22   AGENDA TO TAKE UP THE CONSENT AGENDA AS PRESENTED.
23   Mr. James explained the reason for changing the agenda was to accommodate the Public Hearing
24   on the No Parking Zone on Towers Road which was warned to begin at 7:35 p.m.
25
26   CONSENT AGENDA
27   Check Warrants 9/24 and 9/30/04
28   Draft of Revised Chittenden Solid Waste District Ordinance
29
30   Minutes
31   CCRPC 8/23/04
32   CCTA 8/25/04
33
34   Letters
35   To Heb Durfee from Owen Jenkins regarding Appeal of Birchwood Manor
36
37   THE MOTION PASSED 5-0.
38
39   BUSINESS
40
41   JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO AMEND THE
42   AGENDA AND APPROVE THE MINUTES OF SEPTEMBER 13, 2004 WITH THE
43   FOLLOWING CORRECTIONS: Line 272: replace ‘to be’ with ‘to know’. Line 373: replace
44   ‘walk out in front’ with ‘be out front’. Line 388: replace ‘if’ with ‘it’. Line 414: replace ‘Bill
45   Knight’ with ‘Greg Brown’. THE MOTION PASSED 5-0.
46
47   PUBLIC HEARING
     ESSEX SELECTBOARD                          October 4, 2004

48   No Parking Zone Towers Road
49
50   Mr. Scheidel explained that the Board was presented with a request from Mr. Johnson several
51   weeks ago and at that the time the Board requested that a Public Hearing needed be warned before
52   adopting the Ordinance. Mr. James asked for public comment on the traffic ordinance for Towers
53   Road. No one from the public commented on the ordinance.
54
55   ALAN NYE MOVED AND THOMAS TORTI SECONDED A MOTION TO CLOSE THE
56   PUBLIC HEARING. THE MOTION PASSED 5-0.
57
58   ALAN NYE MOVED AND JEFFREY B. CARR SECONDED A MOTION TO ADOPT THE
59   AMENDMENT TO ESTABLISH A NO PARKING ZONE ALONG TOWERS ROAD
60   FROM A POINT 300 FEET SOUTH OF THE INTERSECTION WITH DOUGLAS ROAD
61   NORTH TO A POINT 1,000 FEET SOUTH FROM THE INTERSECTION WITH OLD
62   STAGE ROAD, A TOTAL DISTANCE OF 1,500 FEET ON BOTH SIDES OF TOWERS
63   ROAD. THE MOTION PASSED 5-0.
64
65   BUSINESS - (CONTINUED)
66
67   ALAN NYE MOVED AND THOMAS TORTI SECONDED A MOTION TO MODIFY THE
68   AGENDA TO TAKE UP THE ESSEX ALLIANCE CHURCH SEWER EXPANSION
69   REQUEST BEFORE THE MUNICIPAL BUILDING INFORMATION MEETING. THE
70   MOTION PASSED 5-0.
71
72   Essex Alliance Church Sewer Expansion Request – S. Slocum
73
74   Mr. James reported that Mr. Slocum had contacted him on Thursday and informed him there would
75   be over 200 people attending the meeting. Mr. James sat down with Mr. Slocum on Friday to
76   discuss the situation and how they could move forward without having the 200 people attend since
77   space was limited. Mr. James recommended that if there was a desire to hold such a meeting after
78   this evening’s presentation, they would move forward and find a location suitable for all to attend.
79
80   Jeff Kolak, Chair of the Building Committee for Essex Alliance Church began the presentation. He
81   stated they were one of the larger churches in New England and yet in one of the smaller
82   communities. All indications were that growth would continue. The Church began 40 years ago in
83   Essex with 30-40 people and now had 1,500 people attending. Not growing is not an option for the
84   Church and they are at a crossroads to either continue to grow in Essex, or seek a site elsewhere.
85   He explained that they hired Freeman, French, Freeman to study the findings on program needs and
86   site needs.
87
88   Scott Slocum, Pastor of Essex Alliance Church explained that the 200 people that were going to
89   attend were not planning to come to be pretentious, but were passionate about the future of the
90   Church. He felt it was a good idea to first have dialogue with the Selectboard. He believed that the
91   Essex Alliance Church had formed a 40-year old partnership with the Town that was worth
92   preserving. The Church began when a small group of friends inside and outside the community
     Draft                                            2
      ESSEX SELECTBOARD                          October 4, 2004

 93   talked about starting a new church. They began that dialogue in 1964 and held the first service in
 94   the cafeteria of Albert D. Lawton School in 1965 where 37 people attended. They purchased the
 95   first piece of property in 1967 on Old Stage Road and built the first building of five in 1968.
 96   They’ve gone through a number of building projects since then for a building and additions.
 97
 98   Mr. Slocum explained that early on when the Church was first begun, they decided there would be
 99   two governing principles that they would follow. The first principle was the principle of relevance,
100   where they strived to have the Sunday Service be relative to people’ everyday lives and be a good
101   use of their time. They believed this principle people would result in people coming to Church
102   because they wanted to, and not out of guilt, fear or obligation. The second principle was the
103   principle of community involvement where the church decided that it shouldn’t just be in the
104   community but be an active part of it. He listed several ways the Church had carried out this
105   principle:
106       •   Essex Alliance Church was one of the first groups in the community to hold fund-raising
107           events for the Essex Town Fire Department and Police Department.
108       •   They make their facilities available to those departments free of charge for training,
109           meetings, etc.
110       •   They are a primary host site for all Town schools in the event of an emergency.
111       •   When the wells went dry in the Town a few years ago, the Town called and asked if they
112           could help. Essex Alliance Church opened their facilities up for 4 hours every morning for
113           showers and filling water jugs.
114       •   Essex Town Recreation Department and Schools use the facilities for programs, athletic
115           events and practices when Town Schools are not available. When one of the schools wasn’t
116           going to be open in time because of construction, they set up a plan for the Church to
117           become a school until the school building was ready a couple weeks later.
118       •   When elections couldn’t be held at the schools because of construction so they hosted the
119           elections there.
120
121   Those principles have increased the attendance from 37 people at the first service to an average
122   attendance of 1,500 on Sunday morning. As they’ve grown, it’s been clear that they would have had
123   to do something. They’ve gone to multiple service times, they’ve gone to the Fairgrounds for
124   Easter Service, they have Sunday service at the Essex Cinemas and they run shuttles for parking.
125   Yet those are not permanent solutions because the human resources and costs are high.
126
127   Over two years ago, Essex Alliance Church approached the Planning Commission to build an
128   additional parking lot and before they could approve the proposal, the Commission suggested that
129   the Church put together a master plan to see a long-term plan. As the Church began the process
130   they became aware that if they were to do it, they would need to hire someone who could help them
131   look at their long-term plans. That’s when they hired Freeman, French, Freeman. The Church
132   asked them to look at the Church’s past history, their current situation and then project forward
133   what they would need to have to allow continuing the growth pattern.
134
135   Jesse Beck from Freeman, French, Freeman explained that they looked at future needs for the
136   Church and not how to solve immediate needs. They sat down with Church leaders and ministry
137   heads and went through a programmatic exercise to write down everything they felt they needed to
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138   do their job to keep the Church growing. He explained that they currently have two buildings, one
139   a gymnasium building and one a ministry building. The existing facility for worship is about
140   25,000 square feet.
141
142   When looking at the program space needed, it was found they needed 75,000-80,000 square feet
143   plus in space, nearly tripling the size. With this in mind the Church had two choices, either trying
144   to make due with what they already had on site or expanding across the street which would require
145   more sewer allocation difficult to obtain. So they went back to the drawing board to see if they
146   could do it on the existing site.
147
148   Mr. Beck showed layouts of the Church and showed that after exhausting efforts to contain the
149   Church at the existing site, the only option was to build a third building of 80,000 square feet across
150   the road, which would fulfill both the 5-10 year goal and the future goals.
151
152   Mr. Slocum stated they looked at the results of the projected needs to make sure they were not
153   skewed. They looked at what they would need if they continued for the next 40 years. He believed
154   they’ve done due diligence to the process and the option the Church would choose if left solely to
155   them would be to remain in Essex. In order to do that, it would mean an expansion of the facilities
156   and additional sewer allotment. They requested that the Selectboard amend the sewer core
157   ordinance, including both sewer allotment and sewer boundary to allow the continued growth of the
158   Church and service to the Essex community.
159
160   Mr. Slocum stated he received over 1,000 petitions with 500 from Essex residents, asking the
161   Selectboard to vote in favor of the request. The other 500 were non-residents that want the
162   Selectboard to know that they often shop and buy goods and services in Essex Center on Sundays.
163
164   Mr. Slocum stated the sewer allocation they would need for the site across the road equals out to be
165   8/10 of 1% of the existing allotment. In context that’s not a lot yet they understand there is a
166   process. They believe the Town was right when they put together a Town Plan incorporating a new
167   Town Center and it’s worth protecting and strengthening. They believe the Church is good for the
168   Town Center. They looked at parcels within the Town Center and it became evident that a Church
169   their size wouldn’t be good there because of the parking needed. Considering the Sunday services,
170   the Church brings in 78,000 people per year for potential purchases of goods and services. Mr.
171   Slocum referred to the request the Snyder Company made to the Selectboard a couple of meetings
172   ago for an expansion of the sewer core, which would also meet their need. Regardless of that
173   proposal, the Church wants to stay where they’re at and build out to fit with the aesthetics of the
174   area, and they are asking Selectboard to allow them to do that.
175
176   Ms. Myers asked how many acres the site was across the street. Mr. Slocum replied that it was 22
177   acres and the current worship site was 7 acres.
178
179   Mr. Torti asked if the Church was making the request for sewer changes independent of Snyder
180   Company. Mr. Slocum stated they were not wedded to Snyder’s proposal but were open to any
181   way to get sewer. If there were a better plan, they would be open to that also.
182   Mr. James asked what the current allocation was. Mr. Slocum answered the usage was 1,000
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183   gallons per day which corresponds with the 4,000-5,000 gallons per day needed for expansion. Mr.
184   James asked if they were talking about expansion of the sewer core from a quantity point of view in
185   order to accomplish what they want, or are they talking about taking the amount allotted to them
186   today for their site and not going beyond that allocation to service the site across the road. Mr. Lutz
187   replied that their allocation was based on their current demand so the allocation would not be in the
188   same range. Although a small amount, it would have to come from another allocation.
189
190   Mr. James stated that as of today, the Selectboard is aware that if the sewer core were built out, the
191   Town would be 100,000 gallons short. At the same time they realize that’s not going to happen in
192   the near future so what the Selectboard has said to a number of requests is that they need to look at
193   it to understand the impact it will have on all parties. After that consideration for this request, they
194   will get back to Mr. Slocum and Essex Alliance Church with what will probably be a request for
195   more information.
196
197   Municipal Building Information Meeting – Tom James
198
199   Mr. James reported that this night’s meeting was to talk about the process involved in the Municipal
200   Building and open the floor for dialogue. First and foremost, the Town has a space problem. All of
201   the square footage, including all three buildings, was 10,380 square feet. They have known that
202   they needed about 22,200 square feet to operate in for about 15 years. A Blue Ribbon Committee
203   was formed 10 years ago with citizens from both inside and outside the village who decided there
204   was a need, yet no action was taken. The reason no action was taken was because of particular
205   community strife regarding the question of merger between the Village and Town.
206
207   Mr. James pointed to the location of the site on the map, which was at the intersection of the
208   Circumferential Highway and Essex Way. The building footprint showed 60 plus parking spaces
209   and a building with a significantly larger conference area. Pointing to the two elevations and
210   layout, the Selectboard was comfortable with the functionality of the layout. The lobby was fairly
211   large so people could have informal discussions outside the meeting area. The outside was a
212   friendly design in that it welcomed people into the building.
213
214   The proposed building is about 16,000 square feet with two floors and ½ basement. The basement
215   became a focus for them in the past two years as they have found a need for storage of records and
216   other items which are now stored in a storage shed outside the current building.
217
218   Mr. James referred to the timeline showing that in June 2002, they began joint meetings with the
219   Village Trustees to discuss where they might put a building. That process came down to sending
220   out solicitations for offers on September 18, 2003, to 23 different entities that could potentially
221   provide space. The deadline for response was November 3, 2003, when the Selectboard received
222   three responses from the Town inside the Village and six from the Town outside the Village. Of
223   those, the three inside the Village did not meet the criteria because part of the requirement was to be
224   within 2,500 feet of the Five Corners or Butler’s Corners as both were working growth centers.
225   There were other responses that did not meet other criteria, for instance one was parcel offered had
226   space for a 5,000 square foot building. Another respondent stated that they were not interested in
227   selling or leasing land for a building but would build the structure and rent it. Another offered a
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      ESSEX SELECTBOARD                            October 4, 2004

228   space that was not within the 2,500 feet stated. The Board ended up with one site that met all the
229   criteria and that was the one at the intersection of Essex Way and the Circumferential Highway. It
230   had ample space for parking and the building, it was located centrally to the population and it had
231   one of the better prices with a lease at $17,500 per year with a 3% increase each year. They have
232   been able to negotiate an option to purchase at 35 years or beyond. The lease amount of $17,500
233   per year was about $10,000 less per year than what the Town was currently paying to lease space
234   for the Detectives out on Essex Way.
235
236   At Town Meeting this year there was $100,000 approved in Capital Expense to proceed with the
237   conceptual plan as well as some other expenses. They haven’t spent all the $100,000 at this point.
238   If the plan passes in November, the building would be ready in 12-24 months and all of the
239   administration people at 81 Main Street would move to the new building. At that point, renovations
240   to 81 Main Street would be done to house the Essex Police Department. It was a deliberate
241   decision to have the Police remain in that location because that’s where they are needed the most.
242   The renovations to 81 Main Street would be covered by funds in reserve for that purpose so the
243   Selectboard doesn’t anticipate needing an additional bond for that building.
244
245   Mr. Nye explained the lease agreement was acceptable to the Selectboard because if land were
246   directly purchased up-front it would have raised the amount of the bond considerably. He also
247   explained that the process used to solicit and choose a site was open and fair and didn’t allow for
248   any behind the scene deals with developers.
249
250   Paula Duke, of Essex asked the capacity of the large meeting room in the new building. Mr. Nye
251   replied it was about 100-125 square feet depending on how it was set up. Ms. Duke asked if there
252   were an arrangement with the Church for overflow parking if needed. Mr. Nye answered there
253   would be 60 spaces around the building and other spots available throughout Lang Farm.
254
255   Ms. Duke referred to a need for an information center where visitors could pick up information
256   promoting Essex and suggested that it be placed in the new Town Offices. She asked that it be
257   considered in the final plan for the building. Mr. James asked Ms. Duke if she would explain what
258   types of items would be included in the information center. Ms. Duke delayed the answer until she
259   had a chance to speak to others on the Economic Development Committee to get their ideas. Ms.
260   Myers added that another suggestion during the design process was that there be a lobby or foyer
261   area that would be big enough to display awards by various youth groups.
262
263   A citizen asked why the Board decided to lease land instead of buy. He felt the 3% increase per
264   year would involve a lot of money. Mr. James responded that there were a couple of factors in the
265   decision. The idea of leasing land was one way of reducing the initial outlay for a bond. The other
266   major factor was that none of the landowners that came forward offered an initial land sale. The
267   only person they came to any agreement with offered the option to purchase at 35 years, which is
268   about $1 million in cost over those 35 years. The Selectboard’s choice was to have property that
269   they could ultimately purchase rather than not having any property at all. Mr. James gave some
270   examples of those that stepped forward with proposals for land. One was from the Town inside the
271   Village and they weren’t interested in either selling or leasing, but only interested in constructing a
272   building and renting it. Others came forward and were very deliberate in stating they were not
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      ESSEX SELECTBOARD                            October 4, 2004

273   interested at all in a sale. Mr. Carr added that the Town was already leasing space for overflow of
274   offices because of lack of space. Mr. Scheidel reported that the amount being paid to lease space
275   for the detectives was $28,000 per year. That amount would go away and be replaced with the
276   $17,000, and even with an increase of 3% a year it would take a lot to catch up with those operating
277   expenses.
278
279   Bruce Post, of 1 Cindy Lane asked if the Town and Village government merged tomorrow, would
280   they need to build a facility like the one proposed or could the space in the Village be used to house
281   the offices. Responding to Mr. Post’s inquiry, Mr. James stated the current Village Offices were
282   located at Lincoln Hall, which was as bad as 81 Main Street relating to amenities for the citizens
283   and the employees. It would in no way hold all the government. Mr. Scheidel reported that in the
284   1970’s both the Town and Village governments occupied Lincoln Hall where parking was chaotic
285   and meetings were difficult to schedule in the allotted space. That’s why the Town Offices moved
286   to 81 Main Street in 1983. Mr. Nye explained that the Town has delayed a decision on a new
287   office building since the early 1990’s because of merger possibilities and felt that the situation
288   needed to be fixed now in order to provide a service to the taxpayers and that’s why they are
289   moving forward..
290
291   Mr. Post asked if would this new facility be able to handle the central government if there were a
292   settlement to merge the Town and Village. Mr. James replied that conceptually there would be
293   enough space although there is no way to predict how many people there would be at that time.
294   Ms. Myers reported that the building had the ability to expand in the future if it was necessary.
295   Mr. Torti stated he would like nothing more than to see the Village and Town finally merge and
296   some discussion had occurred in merging services such as libraries and recreation department. He
297   agreed that the Town has waited a long time and they can’t wait any longer to build. Mr. Carr
298   stated that another argument for the site chosen was that the Town Plan designated the Town Center
299   as one growth center and it’s really the first Town Center for the entire community. If the Board
300   had acted three years ago on constructing a building instead of waiting for a merger or separation,
301   they wouldn’t be competing for materials with Florida and China.
302
303   Mr. Post noted that the building seemed to be suitably sized if no merger or separation occurred.
304   Mr. James explained that in order to come up with the square footage needed, they took into
305   account not only the Town’s situation and estimate but also had other study work done. The
306   current building is about 8,000 square feet and when it becomes totally a Police building it will still
307   be somewhat under the recommended square footage for the size of the community and the size of
308   the Police force. Right now the Police are housed in 1,770 square feet, which is somewhat
309   claustrophobic and Mr. James invited citizens to ask to see the space.
310
311   Mr. James explained another reason for the choice of site being located at the Town Center was
312   population figures. There were some 10,000 people in the Town outside the Village compared to
313   about 8,500 people inside the Village, which showed that the center of the population of the
314   community was moving towards the Town outside the Village. Another point was the location of
315   the proposed building site is 7/10 of a mile from 81 Main Street where the offices are currently
316   located. Ms. Myers stated that through the 1991 Town Plan, the citizens said they wanted to
317   establish a Town Center in that area.
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      ESSEX SELECTBOARD                           October 4, 2004

318
319   Ms. Myers explained that when designing the new building they planned the first floor would
320   include the offices of the Town Clerk, Parks and Recreation and Finance which are the three
321   departments that allows the most walk-in business for the citizens as compared to the current Town
322   Offices in which the first floor allows access to the Town Clerk. Mr. Nye added that the Town
323   Clerk’s space was limited given the number of volumes added from people refinancing and building
324   houses.
325
326   Gary Smith, of 19 Hanley Lane stated he was concerned about the outside design of the building.
327   He didn’t feel it was the right building design for this New England Town as it will be highly
328   visible from many directions. He’s talked to a lot of people who didn’t feel the architecture fit what
329   citizens would want for our Town Offices. He referred to the Mormon Church, the Inn at Essex and
330   Lang Farm all having pitched roofs and a New England style. He’s concerned that enough people
331   might not like the outside design and turn the Bond down. Mr. James replied that during all the
332   procedure of planning for the building, the one point that caused the most debate was whether it
333   should have a flat or pitched roof and whether it should look like New England in the sense of
334   looking like the Inn or should it look like what might be normal for the year 2050. They ended up
335   somewhere in the middle. Mr. James stated the Board recognized that probably 1/3 of the people
336   were probably not going to like the outside design no matter what it looks like. There will be an
337   exit pole so that if the Bond passes or fails, they can get an idea of why some people voted no. The
338   Selectboard can then make any changes they can reasonably do to accommodate what the citizens
339   tell them and bring it back for another vote. At this point they are not in a position to change the
340   design.
341
342   Valerie Smith, of 19 Hanley Lane recognized the need for the new building but she was hearing the
343   only way she could affect the design of the building was if she voted it down. That scared her
344   because she wanted it to be approved. She really wasn’t comfortable with the outside design and
345   was turned off by the way it looked. Dennis Lutz reported that this plan was a conceptual design
346   and the next stage would be final design. For a final design to get approved there is a review
347   process that allows for changes to be made. Mr. Carr pointed out that his initial reaction was that
348   the building reminded him of art deco design, but he was concerned about what the impact was
349   going to be on the taxpayers. It seemed every time the architects came back with changes, the cost
350   of materials had gone up. The architects also made a good argument for the sense of neighborhood
351   and cohesiveness of the building. Although it may not look like the other buildings there now, who
352   knows what they are going to look like in the future, and who says that everything has to be
353   identical. Mr. Carr recommended that the Bond be approved even if citizens didn’t like the design
354   because changes could be made after.
355
356   Mr. James noted that there would be no reason for the Selectboard not to look at the design of the
357   building if the public spoke out against the design. Mr. Carr reported the reason for the choice of a
358   flat roof was basically one of cost. Ms. Myers stated that she didn’t like first building drawing that
359   the architects presented and when the second one was presented with the pitched roof, she felt that
360   design was okay, but when she started listening to the explanation of the additional cost of having a
361   pitched roof in addition to how they would handle the water runoff with a building that would have
362   people in and out of it all day, she began to realize the advantages of the lesser cost of a flat roof
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      ESSEX SELECTBOARD                           October 4, 2004

363   and the ability to channel the water.
364
365   Ms. Duke stated there could be other details done on the building to make it more traditional other
366   than flat roof vs. pitched roof. This building would be right out there in the public and her concern
367   was that people may think the only way they can let the Selectboard know that they don’t like the
368   outside design would be to turn it down. The citizens need to have a clear commitment that the
369   Selectboard will pursue peoples’ feelings about it even if it is approved. Mr. James asked Ms.
370   Duke what she would consider a clear commitment from the Board. Ms. Duke suggested that
371   before the Selectboard signed a final design contract, they should have other public hearings about
372   it. They should at least revisit the exterior design before signing.
373
374   Mr. Nye stated the only comments he’s been getting from the public was how the building looked
375   saying everything that was said tonight. He thinks that the Selectboard has heard that and that they
376   will be talking about it because they need the building to service the taxpayers. The Board is
377   concerned with the cost to the taxpayers but they also need the building. He stated there was a
378   commitment that the Selectboard would talk about it in the very near future and if there were things
379   they could do between now and the vote they would do it. If there weren’t, they would pursue ways
380   to get input after the vote.
381
382   There was consensus from the Board to look at the design and encourage public input to gather
383   information. If it was clear there was a significant number of people unhappy with the outside
384   design they would discuss it further.
385
386   Bob Marcotte, of 5 Valleyview Drive agreed with Ms. Duke about the design, but he was there to
387   request that the Board consider a merger vote before they build another building. He felt that a
388   majority of people in the Village were prepared to agree to a merger. He stated he would be
389   drafting a petition to mandate that a vote be taken regarding a merger between the Village and
390   Town. Then a decision could be made on where the building should be located. He didn’t believe
391   the proposed location was appropriate if the merger occurred. The majority of walk-in people are
392   from the Village of Essex Junction. He suggested that Lincoln Hall, the Police and Fire Station and
393   the Library could be annexed into one to house the offices. The Village has 7,400 registered voters
394   and the Town has 7,800. If the majority of the people from the Village voted no, the building
395   would not be approved. He wanted to see a question on the ballot that would ask to approve
396   merging under a new charter form of government. In the past it has been said that if the Village
397   really wanted to merge they could withdraw their charter but that would mean the control of the
398   Town and Village would be under the Selectboard, which wouldn’t work. He felt criteria for the
399   new Municipal Building was set so that the Village couldn’t meet it. The only way he can see it
400   working is to merge as one and centralize the facilities. There were four or five lawyers offices
401   located within walking distance of the Town Offices and they would now have to drive to the Town
402   Center if the building were approved. He felt the merger should be placed on the ballot for the
403   voters to decide.
404
405   Mr. James reported that what Mr. Marcotte had suggested has put off a decision for a new building
406   for 15 years. The Selectboard had to decide whether or not to move forward and believe that they
407   have done everything in a fair and proper process.
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      ESSEX SELECTBOARD                          October 4, 2004

408
409
410
411   Cooperative Agreement Amendment #2 for Jericho Road Sidewalk
412
413   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION TO
414   APPROVE THE RECOMMENDATION AS OUTLINED IN MEMORANDUM OF
415   SEPTEMBER 10, 2004 FROM DENNIS LUTZ AND TODD LAW TO PAT SCHEIDEL
416   THAT THE SELECTBOARD SIGN THE COOPERATIVE AGREEMENT FOR THE
417   CHANGES OUTLINED BETWEEN VTRANS AND THE TOWN FOR THE RIGHT-OF-
418   WAY ON THE JERICHO ROAD SIDEWALK PROJECT. THE MOTION PASSED 5-0.
419
420   Errors and Omissions
421
422   Mr. Scheidel explained that the issue before the Board was whether or not to approve correction to
423   the 2004 Grand List as requested by the State Tax Department. A total of three filings were
424   deemed late resulting in revenue to the Town of $149.00
425
426   JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO APPROVE
427   THE CORRECTIONS AS REQUESTED BY THE STATE TAX DEPARTMENT FOR THE
428   2004 GRAND LIST.
429
430   THE MOTION PASSED 5-0.
431
432
433   EXECUTIVE SESSION
434
435   AT 9:15 P.M., JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A
436   MOTION TO ENTER EXECUTIVE SESSION TO DISCUSS PERSONNEL AND
437   CONTRACTS TO INCLUDE THE TOWN MANAGER, DEPUTY TOWN MANAGER AND
438   PUBLIC WORKS DIRECTOR. THE PREMATURE PUBLIC KNOWLEDGE OF THE
439   ISSUES TO BE DISCUSSED IN THE EXECUTIVE SESSION WOULD PLACE THE
440   MUNICIPALITY AT A SUBSTANTIAL DISADVANTAGE. THE MOTION PASSED 5-0.
441
442   AT 10:38 P.M., JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A
443   MOTION TO EXIT EXECUTIVE SESSION. THE MOTION PASSED 5-0.
444
445   AT 10:39 P.M., THOMAS TORTI MOVED AND ALAN NYE SECONDED A MOTION TO
446   ADOPT A RESOLUTION OF APPRECIATION FOR DAWN FRANCIS. THE MOTION
447   PASSED 5-0.
448
449   AT 10:40 P.M., THOMAS TORTI MOVED AND ALAN NYE SECONDED A MOTION TO
450   ADJOURN. THE MOTION PASSED 5-0.
451
452
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      ESSEX SELECTBOARD                            October 4, 2004

453
454   Respectfully submitted,
455   June M. Campbell
456
457   June M. Campbell
458   Recording Secretary
459
460   Approved this _______________ day of _________, 2004.
461
462   (See minutes of this date for corrections, if any).
463
464   _______________________________
465   Thomas W. Torti, Clerk, Selectboard
466
467   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)




      Draft                                             11
 1                                           TOWN OF ESSEX
 2                                            SELECTBOARD
 3                                              MINUTES
 4                                            October 18, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Jeffrey B. Carr, Thomas Torti , Alan Nye and Linda Myers.
 7
 8   OTHERS PRESENT: Doug Fisher, Finance Director; Herbert Durfee III, Community
 9   Development Director; Mark Berry, Parks and Recreation Director; Jan Ellis-Clements, Paula
10   Duke, Victoria Welch, Michael Munson, Jay Austin, Roger Villemaire, Joanne Haricz, Polly
11   Demetrian, Paul Craven and Sheri Larsen.
12
13   Mr. James called the meeting to order at 7:30 p.m.
14
15   PLEDGE OF ALLEGIANCE
16   Mr. James invited those present to join him in reciting the “Pledge of Allegiance.”
17
18   PUBLIC TO BE HEARD
19   No one addressed the Board on issues not on the agenda.
20
21   BUSINESS
22   Cemetery Committee Applicant – Jan Ellis-Clements
23
24   Jan Ellis-Clements, of 21 Foster Road stated she was currently serving on the Memorial Hall
25   Committee but was also interested in serving on the Cemetery Committee. Responding to Ms.
26   Myers, she stated this was her 5th year on the Memorial Hall Committee. In response to Mr. Torti’s
27   question she stated she wanted to serve on the Cemetery Committee because her husband was
28   buried there.
29
30   Mr. James thanked her for her interest and stated the Board would be discussing the appointment
31   later in the evening and she would be contacted tomorrow.
32
33   Mr. Carr asked Ms. Ellis-Clements if she would remain on the Memorial Hall Committee. She
34   replied she wanted to be on both committees.
35
36   CCMPO Presentation – Paul Craven
37
38   Mr. Craven began by stating that the initial reports did not include the Susie Wilson area of the
39   Town. They recently concluded discussion with VTrans to release funding to conclude this work
40   effort and they will be working collaboratively with the Town to complete this task. The first phase
41   of the work would include Susie Wilson Road. The second phase is to utilize the remaining monies
42   to further look at transit opportunities. He was there to receive input from the Selectboard.
43
44   Mr. Craven reported that one of the issues was how to utilize some parcels that were located on
45   Susie Wilson Road, for instance the old Ames parcel. In conversations with Mr. Durfee, he’s found
46   there is a public R.O.W. through that parcel. He brought that up because they’ve been looking at a
47   bike path to connect the community as a part of this transit system. There may be other
     ESSEX SELECTBOARD                           October 18, 2004

48   opportunities as Susie Wilson Road develops. Another discussion could be around a park and
49   ride/multi-modal center being located on Susie Wilson Road.
50
51   MPO will be talking to four different municipalities and it would be up to each one to decide if they
52   want to participate. Mr. Craven felt that since Essex was going to face challenges during the
53   development of Susie Wilson Road, this would be an opportunity to help in that process. He
54   reported that the town also received a TLC grant of $20,000.
55
56   Mr. Craven reported that MPO was looking to do the first phase during the next several months and
57   hopefully, once discussions are concluded with VTrans, the second phase can be started. He was
58   there to receive guidance and leadership from the Board stating what they need since there will be
59   repercussions with development.
60
61   Mr. Carr asked how much the TLC grant could affect what they can do in the scope of work. Mr.
62   Craven replied that it was an add-on for additional work over and above the scope of this project.
63   There may also be remaining Federal Transit Administration funding available.
64
65   Joanne Haricz summarized the Transit Oriented Development (TOD) Concept with a visual
66   presentation. A TOD has two types of concepts working together which consider ride interest,
67   transportation choices, building design, cluster development and a variety of housing choices.
68
69   The principle of a TOD is to rely less on the automobile in higher density/mixed use areas. Ms.
70   Haricz showed several examples of other areas where different modes of transportation were mixed
71   together instead of just focusing on the automobile. There are implementations regarding this type
72   of growth such as streetscape design, pedestrian traffic, automobile traffic, zoning and
73   infrastructure, and she showed examples of other areas in the Country where this transformation
74   was done.
75
76   The other issue is a land use component, which tries to create a higher density/mixed use while
77   using existing sites for redevelopment. Using examples around the Country, buildings are typically
78   3-4 story structures and sometimes with a mixed use such as commercial on the bottom floor and
79   residential above.
80
81   Ms. Haricz listed some of the benefits of TOD. It would provide more transportation choices and
82   could strengthen the current transit system by providing more riders. It could help in creating
83   communities by connecting neighborhoods. It would create higher value and provide additional
84   public investment in public infrastructure such as sewer and water.
85
86   There are some implementation challenges to a TOD. For instance, there needs to be a clear vision
87   with a desired outcome and with Zoning supporting the vision. Thru traffic needs to be integrated
88   with pedestrian traffic, and there needs to be an adequate infrastructure.
89
90   Completing the presentation, Ms. Haricz stated that MPO will work to start this process of defining
91   the vision by working with the community and will start Phase 1 with FTA funding. The second
92   phase would come out of the TLC grant money.
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      ESSEX SELECTBOARD                           October 18, 2004

 93   Mr. Torti noted that this concept was working with a fairly robust mass transit system. Ms. Haricz
 94   stated that they were looking at bus service with CCTA and would look at providing additional
 95   areas for bus stops. Mr. Torti noticed that in a couple of examples, three to four lanes of traffic
 96   were collapsed down to two by using light rail. If there were the same number of people wanting to
 97   go to the same number of places, there would have to be mass transit. Mr. Craven stated there
 98   would be growth on Susie Wilson Road anyway, and he wasn’t saying that mass transit was going
 99   to be the answer. Part of the process would be to look at the road system and try to enhance transit.
100    He stated there was funding now for this process but admitted that he didn’t see mass transit for
101   Susie Wilson Road happening anytime soon.
102
103   Mr. Carr asked if the examples given had similar traffic volume as Susie Wilson Road. Ms. Haricz
104   referred to the project in New Bedford where there was a lot of thru traffic. MPO would look at the
105   traffic volume in these areas as part of Phase 1. Mr. Carr felt there were an amazing number of cars
106   that used Susie Wilson Road, which would get worse if only sections A & B of the Circumferential
107   Highway were built.
108
109   Mr. Nye felt it was a much greater challenge with the thru traffic on Susie Wilson Road since it had
110   no alternative route. Mr. Craven stated he would like to share that challenge and work
111   collaboratively with whatever the Town staff supports. What MPO discovered when doing these
112   reports is that they were good reports giving a generic view. They recognized that leadership was
113   needed for decisions to be made. They don’t want to do the work in a vacuum and suggested that
114   the Selectboard find a way to get information back to them. Mr. James replied that from his
115   perspective, it was extremely important for MPO to hear what the Selectboard had to say. For
116   example there was a great deal of concern that with the traffic on Susie Wilson Road and the traffic
117   that they think will be there if there isn’t another leg of the Circumferential Highway. To think
118   about reducing the capability of any new traffic would make no sense. On the other hand, some
119   sort of public transit might help the whole problem.
120
121   Mr. Nye suggested that Mr. Craven come back with information so that the Board can ask him
122   questions directly and not have to rely on a middle person to relay information back and forth.
123   Mr. James confirmed that it was the Board’s consensus to have Mr. Craven come back with
124   information so they can ask him questions directly. Mr. Craven replied he would continue to work
125   with staff, and would be going to Montpelier in a couple of weeks to talk about what happens
126   beyond Phase 1 and the TLC grant.
127
128   Paula Duke, of Essex asked if some of the material handed out would be available for the Economic
129   Development to review, and if he would meet with other Town Committee groups regarding
130   TOD’s. Mr. Craven inquired as to the best way to get the information out while doing it in a way
131   that’s consistent. He suggested that he could put together a public information plan to share. He
132   would also be glad to meet with the Economic Development Committee.
133
134   Mr. Craven noted that there was a copy of the TOD report in house to reference. Mr. Carr added
135   that he would also receive a copy as he is on the MPO Board and the Board was welcome to share
136   it.
137
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      ESSEX SELECTBOARD                             October 18, 2004

138
139   Impact Fee Proposed Amendment – Herb Durfee
140
141   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION TO
142   ACCEPT THE OCTOBER 7, 2004 REPORT TITLED, “2004 ESSEX RECREATION
143   IMPACT FEE ANALYSIS” AND TO AMEND THE TOWN ORDINANCE TITLED,
144   “CHAPTER 3.04 IMPACT FEE FOR NEW DEVELOPMENT,” ACCORDING TO
145   OCTOBER 7, 2004 INFORMATION PRESENTED IN THE ANALYSIS REPORT.
146
147   Mr. Nye asked if the report had a recommendation for additional facilities as the community grows.
148   Page 3 didn’t show him what we had or what we should have for facilities. Michael Munson, of
149   Burnt Rock Associates who prepared the report referred Mr. Nye to page 8 of the report, which
150   showed recreation facilities needed by the year 2013. He noted that the heading of Table 2 should
151   have read the year 2013 and not 2005. That Table listed the facilities that were identified as being
152   needed in the future: 1 regulation ball field, 1 youth/softball field, 1 basketball court, 1 skate park, 1
153   spray ground and 20 acres of developed recreation land. Mr. Nye explained that if these were the
154   only facilities being supported by the ordinance, he had an issue. He didn’t believe there were
155   enough baseball fields in town, and yet this report was telling him that during the next 10 years
156   there would be only one needed. He believed we were in a short supply now.
157
158   Mr. Carr asked if Mr. Nye’s concern meant the service ratio from the1998 study wasn’t accurate.
159   Mr. Munson stated that issue was discussed for regulation ball fields, and it was concluded that the
160   service ratio used in the 1998 study was .1 facilities per 1,000 people. They determined that was
161   not adequate and increased it to .5, which was a 50% increase. With that information they
162   concluded that one additional field would be needed by the year 2013 given the population growth.
163    For youth and softball fields, it was determined the service ratio was satisfactory, and that a
164   fraction of 1 additional facility would be needed by 2013.
165
166   Mr. James felt that if the Board was concerned with the number of facilities needed on Table 2
167   before the correction was made, now that it was pushed to the year 2013 makes the concern worth
168   looking at. Mr. Munson stated that the fees were based on the assumption that they would continue
169   working with ratio of .5 facilities per 1,000 people. When they discussed it, it seemed it was an
170   adequate ratio for now. If the Town felt the current status wasn’t adequate, the ratio could be
171   increased and then everything would progress from there. Based on Mark Berry’s conception, this
172   was the ratio used.
173
174   Ms. Myers asked if the formula used to determine what extent of recreation facilities would be
175   needed was a Statewide or Nationwide formula or how they determined the formula. Mr. Munson
176   referred to the analysis done in 1998 and the original impact fee. At that time there was a number
177   of Statewide and Nationwide references that talked about ratios of facilities to population. All of
178   them carried the caveat that this was a starting point and that the analysis would also have to look at
179   the community to see if the numbers were appropriate. In 1988, there was an extensive review
180   process and the standards were modified to what they are now. This year they went back to the
181   1998 figures and also looked at the survey that Recreation and Leisure Resources, which didn’t
182   present these types of service ratios because they felt the need for these facilities needed to be
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      ESSEX SELECTBOARD                           October 18, 2004

183   determined locally. Mr. Munson felt he needed those ratios in order to compute the impact fees.
184   He went through the ratios individually with Mr. Berry to see if they were working properly. In a
185   couple of instances they made some changes, and in one instance they added a facility, the skate
186   park.
187
188   Ms. Myers asked if Mr. Nye’s concern with the number of ball fields was known as a fact or if it
189   was what he was hearing from people. Mr. Nye replied that he heard from the community that
190   during the high-pressure times, there weren’t enough ball fields, softball and baseball, to service
191   their needs in Essex. Mr. Berry reported that his department had seen a leveling off in Little
192   League and it was not growing like soccer and lacrosse.
193
194   Mr. Nye referred to program space for indoor activities. He asked if the Selectboard should be
195   looking at impact fees for program space and if they should be looking at a facility to meet some
196   indoor program space. Mr. Berry replied that the Recreational Needs Report did discuss indoor
197   space but it was pushed out to the future. Mr. Nye asked if impact fees could be collected now for
198   such a facility. Mr. Munson reported that under the Vermont Impact Fee Statute the money must be
199   spent within 6 years of the date it’s collected. Mr. Carr asked if Impact Fee revenue could be spent
200   on debt service. Mr. Munson replied it could be, even if it was debt service for something that was
201   built previously with excess capacity to carry out into the future. Mr. Carr was sensitive to Mr.
202   Nye’s concern and asked if the Selectboard could accept the Ordinance with the idea that they
203   would reexamine the service ratio for ball fields, and a potential investigation of what would be
204   viable options for event space. Mr. Munson replied the Board would have the ability to amend the
205   Ordinance at their convenience. Regarding the indoor program space, the key question would be
206   how long it’s going to be pushed out into the future and while that’s an unknown, he would agree
207   that an impact fee shouldn’t be put in place at this time. Once there is a better idea of when a
208   facility would be needed, the Selectboard could change the Ordinance; that way the Selectboard
209   wouldn’t get in the situation of collecting money for a facility and not spend it, because under the
210   Statute they would have to give it back. Mr. Carr suggested that since the Selectboard would be
211   doing the Capital Budget within the next 90 days, if there were some item identified as needing a
212   bond, the Selectboard could amend the Impact Fee Ordinance.
213
214   Mr. Carr asked if the Town Survey had contained a question regarding a Recreational Impact Fee.
215   Mr. Durfee stated not to the detail they would need. Mr. Carr felt it would be an appropriate
216   discussion with the Town Plan coming up.
217
218   THOMAS JAMES CALLED THE QUESTION. THE MOTION PASSED 4-0-1. (Alan Nye
219   abstained).
220
221   Proposed Zoning Amendments – Herb Durfee
222
223   Mr. Durfee referred to the set of Zoning Amendments in front of the Selectboard that were accepted
224   during the last regular agenda meeting. Also this evening, the Selectboard had before them changes
225   incorporated into the Proposed Zoning Amendments that were approved by the Town Attorney
226   relating to Act 115, the Permit Reform Bill. Some of it was relatively substantial, but the
227   Selectboard basically has no choice but accepting some of it such as the Public Hearing
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      ESSEX SELECTBOARD                          October 18, 2004

228   requirements and Non-conforming laws. He recommended that the Selectboard incorporate these
229   changes into the Public Hearing process along with the Amendments dealing with single-use
230   residential in the Town Center and the congregate housing. Mr. James reported that a great deal of
231   that information was included in the September 8 and August 27 memos.
232
233   Mr. Carr asked for clarification on the three items that the Selectboard sent to the Planning
234   Commission for consideration that they did not adopt. Mr. Durfee replied that the Board asked the
235   Planning Commission to consider the inclusion of congregate housing and 1-2 bedroom multiple-
236   family dwelling units in the B-1 District as a permitted use. The Planning Commission noticed in
237   its Public Hearing to have congregate housing in the B-1 District as a conditional use for new
238   structures and as a Permitted Use for existing structures. The Commission forwarded to the
239   Selectboard what was noticed which was the conditional use. The other item the Commission
240   forwarded to the Selectboard was a recommendation for single-use residential buildings in a
241   Planned Unit Development that had a Master Plan. HDI could do a single-use building as long as
242   they maintained their bottom line mix of commercial and residential. The one issue the
243   Commission did not send back to the Selectboard was the recommendation to do away with the
244   Planning Commission’s ability to limit height to 25’ in the Town Center. Not acting on the
245   recommendation means that the maximum height in the Town Center remains at 40’ but there
246   remains a provision that allows the Planning Commission to limit height to 25’ to preserve scenic
247   vistas. The Commission recommended that the provision remain as written. Mr. Carr and Mr.
248   Torti felt that keeping that provision made sense.
249
250   Mr. Carr clarified that one item that didn’t get done was allowing congregate housing for new
251   construction as a Permitted Use instead of Conditional. Mr. Durfee responded that after further
252   discussion, the Selectboard suggested having congregate housing permitted throughout and
253   included the 1-2 bedroom multiple-family dwelling units as a permitted use. The Planning
254   Commission opted not to approve the 1-2 multiple-family dwelling units and to keep the original
255   language as it was noticed, which stated to have congregate housing as a Permitted Use for
256   conversions and as a Conditional Use for new construction. Mr. Carr asked why that decision was
257   made. Mr. Durfee couldn’t say why, as the Commission gave no reason.
258
259   Mr. James reminded everyone that the Board was clear in previous discussions that they were
260   committed to having congregate and 1-2 bedroom multiple-family dwellings as permitted uses.
261   If he had a reason why the Planning Commission didn’t agree with it, he might go along with it.
262
263   Mr. Nye asked Mr. Durfee to explain the process that an applicant would have to go through in
264   order to get a permit to build congregate housing or multi-family using the Conditional Use
265   process. Giving an example, Mr. Durfee explained that if Mr. Petrie wanted to place congregate
266   housing on his lot as proposed by the Planning Commission, he would have to go through the
267   Zoning Board to get Conditional Use. Also as part of a Conditional Use he would need to get Site
268   Plan approval. By definition the project would be considered a subdivision and would also have to
269   go before the Planning Commission and meet their criteria.
270
271   Mr. Nye asked Mr. Durfee to walk him through the Zoning Board process where they could deny a
272   Conditional Use for congregate housing. Mr. Durfee listed the 5 criteria that needed to be met –
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      ESSEX SELECTBOARD                          October 18, 2004

273   That the project would not adversely affect: the capacity of existing or planned community
274   facilities, the character of the neighborhood, traffic on roads and highways in the vicinity,
275   utilization of renewable energy resources, and was in conformance with by-laws now in effect and
276   the Town Plan.
277
278   Mr. Nye asked if the Selectboard had the ability to make significant changes in the documents that
279   were presented. Mr. Durfee replied that by not having formally warned two Public Hearings,
280   changes could be made after the first Hearing, which could be warned in the second Hearing. Mr.
281   Carr was in favor of making changes now so there would be two Public Hearings containing the
282   change. Mr. Durfee stated that if the change were made now, the Commission would have the
283   opportunity to comment at the Public Hearing.
284
285   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
286   AMEND THE ZONING AMENDMENTS TO INCORPORATE THE PROPOSED
287   CHANGES UNDER CHAPTER 117 AS PROPOSED BY THE TOWN ATTORNEY AND
288   INCLUDE CHANGES THAT WOULD ALLOW CONGREGATE HOUSING AND 1-2
289   BEDROOM MULTIPLE-FAMILY DWELLING UNITS IN THE B-1 DISTRICT AS A
290   PERMITTED USE FOR NEW CONSTRUCTION AS WELL AS CONVERSION AND TO
291   WARN A PUBLIC HEARING FOR NOVEMBER 15 AND DECEMBER 6, 2004 AT 7:35
292   P.M. AT 81 MAIN STREET FOR EACH OF THE ITEMS.
293
294   Mr. Nye asked if there was a percentage of congregate housing that had to be set-aside for the
295   elderly. Mr. Durfee explained that the definition in the regulations stated residents had to be 55
296   years older. Mr. Nye remembered someone stating that there was a portion of the units that didn’t
297   have to meet that requirement. Mr. Durfee wasn’t aware of it.
298
299   THE MOTION PASSED 5-0.
300
301   Management Objectives
302
303   Mr. Fisher referred the Board to Mr. Scheidel’s cover memo with attached objectives. This was an
304   opportunity for the Selectboard to comment on the objectives.
305
306   Mr. Torti noted that the objectives were getting more outcome oriented instead of process oriented
307   and progress was being made.
308
309   Mr. James confirmed that Board consensus was to accept the objectives to review and respond to.
310
311
312   Minutes – October 4, 2004
313
314   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO ACCEPT
315   THE OCTOBER 4, 2004 MINUTES WITH THE FOLLOWING CHANGES: Line 118: delete
316   the word ‘so’. Line 214: replace ’16,000 square feet with two floors and ½ basement’ with ‘22,000
317   square feet with two floors including half a basement.’ Lines 222-224: Delete the sentence ‘ Of
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      ESSEX SELECTBOARD                         October 18, 2004

318   those, the three…’ Line 225: delete the words ‘other’ and the word ‘was’. Line 234: delete ‘out’.
319   Line 237: replace ‘they’ with ‘The Selectboard hasn’t’. Line 251: replace ‘square feet’ with
320   ‘persons’. Line 253: ‘replace throughout Lang Farm’ with ‘nearby’. Line 377: replace ‘was’
321   with ‘is’. Line 382: Insert “Mr. James confirmed that’ before ‘There was’. Line 383: replace the
322   first ‘was’ with ‘became’. Line 384 delete ‘they would discuss it further’ and replace with ‘the
323   Board would discuss it further and alterations would be made if practicable.’
324
325   CONSENT AGENDA
326   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
327   ACCEPT THE CONSENT AGENDA WITH COMMENTS.
328
329   Check Warrants 10/7/04
330   Trail Easement Right of Way Acquisition Policy
331   Mr. Durfee noted that this issue would be coming before the Board at their November meeting.
332   Land Use Permit Amendment – T & K Staples
333
334   Agendas
335   VTrans Notice of Public Hearing
336
337   Letters
338   Dept of Liquor Control to Ettenborough Enterprises
339   Heindel & Noyes to Environmental omission regarding Essex Country Club
340   VT Dept of health to Selectboard regarding Deputy Health Officer Appointment
341   McNeil, Leddy & Sheahan regarding Circ Highway Storm Water Permits
342
343   Memos
344   From H. Rice regarding August Fire Dept News
345   From VT Council on Rural Development regarding Final Report of VT Council on Culture
346   and Innovation.
347
348   THE MOTION PASSED 5-0.
349
350
351   EXECUTIVE SESSION
352
353   AT 8:50 P.M. JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A
354   MOTION TO ENTER EXECUTIVE SESSION TO DISCUSS PERSONNEL, CONTRACTS,
355   AND PENDING LITIGATION TO INCLUDE THE FINANCE DIRECTOR. THE
356   PREMATURE PUBLIC KNOWLEDGE OF THE ISSUES TO BE DISCUSSED IN THE
357   EXECUTIVE SESSION WOULD PLACE THE MUNICIPALITY AT A SUBSTANTIAL
358   DISADVANTAGE. THE MOTION PASSED 5-0.
359
360   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION TO EXIT
361   EXECUTIVE SESSION. THE MOTION PASSED 5-0.
362
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      ESSEX SELECTBOARD                            October 18, 2004

363   ALAN NYE MOVED AND THOMAS TORTI SECONDED A MOTION TO APPOINT JAN
364   ELLIS-CLEMENTS TO THE CEMETERY COMMISSION. THE MOTION PASSED 5-0.
365
366   AT 9:21 P.M. JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION
367   TO ADJOURN. THE MOTION PASSED 5-0.
368
369
370
371   Respectfully submitted,
372   June M. Campbell
373
374   June M. Campbell
375   Recording Secretary
376
377   Approved this _______________ day of _________, 2004.
378
379   (See minutes of this date for corrections, if any).
380
381   _______________________________
382   Thomas W. Torti, Clerk, Selectboard
383
384   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)




      Draft                                                 9
 1                                           TOWN OF ESSEX
 2                                            SELECTBOARD
 3                                              MINUTES
 4                                           November 1, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Jeffrey B. Carr, Linda Myers, Alan Nye and Thomas Torti.
 7
 8   OTHERS PRESENT: Patrick Scheidel, Town Manager; Dennis Lutz, Town Engineer/Public
 9   Works; Gary Smith, Michael Munson, Victoria Welch, Herb Downing, Tyler Scott, Sharon Willey
10   Padnos, Carolyn Gauthier and Mary O’Neil.
11
12   Mr. James called the meeting to order at 7:30 p.m.
13
14   PLEDGE OF ALLEGIANCE
15   Mr. James invited those present to join him in reciting the “Pledge of Allegiance.”
16
17   PUBLIC TO BE HEARD
18   No one addressed the Board on issues not on the agenda.
19
20   SPECIAL PUBLIC INFORMATIONAL HEARING REGARDING PROPOSED
21   MUNICIPAL BUILDING
22
23   Mr. James stated that this was an opportunity for anyone to give input or ask for information. He
24   introduced Gary Smith who would present a real-time computer simulation using the architects’
25   rendering of the outside of the building along with recent aerial photography of the site.
26
27   Using the computer simulation, Mr. Smith drove around the site to show how the building would
28   look in relation to roadways, topography and other buildings in the area. The simulation did not
29   show streetscape at this point.
30
31   When the simulation was complete, Mr. James asked for comments or questions from the Public.
32   Sharon Willey Padnos asked the reason for leasing the land, and if it was common for
33   municipalities to lease instead of purchase land. She also wondered if the Selectboard considered
34   problems that might occur in the future with leased vs. purchased land.
35
36   Mr. James responded that the Selectboard made a request for either purchased or leased land.
37   However they didn’t receive offers to purchase land. With this particular site, the Board did get a
38   99-year lease with an option to purchase at 35 years. That gave the Town the opportunity to
39   purchase the property in the future and get into the process with significantly less funds. Mr. James
40   wasn’t aware if this was common practice among municipalities, and asked for Selectboard
41   comments to that question.
42
43   Mr. Torti reported that the State had both leased and purchased buildings and land. However, the
44   State’s preference was to purchase land. Initially, when the Selectboard put the building package
45   together, he had a predisposition to purchase land, but when looking at the lands offered in the
46   process and comparing the leasing payments, this option was the most attractive because it gave the
47   Town the ability to purchase at 35 years and construct a building to Town specifications.
     ESSEX SELECTBOARD                           November 1, 2004

48
49   Mr. Nye stated the Federal Government owns its property and has more money to work with. He
50   didn’t believe there were many municipal buildings on leased land in the area. Many municipalities
51   already had the land or were given land to build on. He didn’t feel the Selectboard would have
52   been comfortable going to the voters with the kind of money needed for both the purchase of land
53   and a building. The Selectboard looked for a building that would serve the Town’s needs in the
54   future and also have the capability of expansion.
55
56   Ms. Willey Padnos asked if the Selectboard could foresee any problems in the future arising from
57   leasing land. Mr. James explained that with the right contract in place there wouldn’t be a problem.
58
59   Mr. Scheidel stated that most municipalities in the West and Midwest are blessed with large tracks
60   of land that they currently own that are also buildable. In New England that’s usually not the case.
61
62   Mr. Carr stated that looking at the other options that came through, this option was the best deal for
63   the taxpayers and that’s why he supported it.
64
65   Mr. James reported that there would be a short form available during the vote tomorrow that asked
66   questions such as “If you voted no on the municipal building, why did you vote no.” One reason
67   for the form was that a number of people felt the design could be different than what it was. The
68   Selectboard wanted to understand the reason for a negative vote so that they could attempt to
69   address some of the issues. He invited citizens to talk to members of the Board on issues regarding
70   the building.
71
72   BUSINESS
73   1st Class Liquor License Application – Liquid Energy Café
74
75   Alex Pintair, of Liquid Energy Cafe explained that Jan Reardon of Racquet’s Edge contacted him
76   about 8 months ago to talk about forming a partnership. Liquid Energy carries a line of smoothies,
77   juices and sandwiches, essentially a healthy line of products. They also add enhancers to drinks
78   such as proteins. They’ve worked together and renovated the space and plan to continue to carry a
79   line of wine and beer that the clientele have been used to for years.
80
81   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO APPROVE
82   A 1ST CLASS LIQUOR LISCENCE TO LIQUID ENERGY CAFÉ AT 4 MORSE DRIVE
83   WITH THE USUAL ADMONITION.
84
85   THE MOTION PASSED 5-0.
86
87   Mr. James explained the usual admonition being that the Selectboard takes the issuance of liquor
88   licenses very seriously and that they expect the applicants will share in the seriousness of holding a
89   liquor license.
90
91
92   2nd Reading for Amending Impact Fees Ordinance
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      ESSEX SELECTBOARD                           November 1, 2004

 93
 94   Mr. Scheidel explained that the issue for the Selectboard was whether or not to conduct a 2nd
 95   reading and hold a public hearing on Monday, November 15, 2004.
 96
 97   Mr. James suggested that the hearing be moved to December.
 98
 99   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO WARN
100   FOR A SECOND READING AND A PUBLIC HEARING ON MONDAY, DECEMBER 6,
101   2004 THE MUNICIPAL ORDINANCE AMENDMENTS TO CHAPTER 3.04 IMPACT
102   FEES FOR NEW DEVELOPMENT REVISED APRIL 2, 2001 (DATED OCTOBER 7, 2004),
103   INCLUDING RELATED ANLYSIS TITLED, “2004 ESSEX RECREATION IMPACT FEE
104   ANALYSIS,” (DRAFT OCTOBER 7, 2004).
105
106   THE MOTION PASSED 5-0.
107
108   Mr. Carr asked if the Board should still have a draft of the impact fee study since they were going
109   to a Second Reading and Public Hearing. Mike Munson, the planning consultant that drafted the
110   report believed that because the Selectboard accepted the draft with minor corrections, they could
111   delete the word ‘draft’ from the analysis itself. Mr. Scheidel stated he would get a final copy to the
112   Selectboard before the December 6th meeting.
113
114   Trails/Easement Right of Way Acquisition Policy
115
116   Mr. Scheidel reported for Mr. Durfee since he wasn’t able to make the meeting. The
117   Trails/Easement Right of Way Acquisition Policy had been in the making for some time. Staff and
118   the Town Attorney had seen and made comments on the proposed policy. The issue was whether or
119   not the Selectboard should adopt the policy.
120
121   Mr. Torti wondered if it was appropriate to take up a policy involving trails at this time since there
122   was an ad-hoc trails committee. He believed the Selectboard should finish the discussion about the
123   constitution of the Trails Committee, Conservation Committee and Planning Commission’s
124   individual goals before going further.
125
126   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION TO TABLE
127   THE TRAILS/EASEMENT RIGHT-OF-WAY ACQUISITION POLICY UNTIL FURTHER
128   ORGANZIATIONAL DISCUSSION CAN OCCURR.
129
130   Mr. Nye stated he would support the motion because he had problems with the wording of the
131   policy. He’s talked with Mr. Durfee and Mr. Berry regarding this policy and didn’t want to make a
132   decision until the Selectboard talked about organization and what should be charged to the Trails
133   Committee.
134
135   THE MOTION PASSED 5-0.
136
137   Acceptance of Park & Ride Grant – Dennis Lutz
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      ESSEX SELECTBOARD                          November 1, 2004

138   Mr. Lutz explained that he had come in front of the Board in July and requested that they approve
139   the grant application for a park and ride in the Town Common area. With that approval, the Town
140   has now received a grant of $15,800. He referred to a memo he sent to the Selectboard and Town
141   Manager dated October 25, 2004 which listed several items that were slated to be done in the Town
142   Common area: Sand Hill Road to VT 15 Bike-path would be located in the State ROW but within
143   the existing grassed area of the Common; the same project would provide for two stand-alone lights
144   which would require removal of two overhead power poles within the Common; VTrans will be
145   reconstructing the intersection atVT15/VT128/Towers Road to include new walks, curbs, drainage
146   etc., which would overlap to the entrance to the Commons; and work is being done by volunteers to
147   restore the “old schoolhouse” on the Common. There is no single plan to tie these projects
148   together, and if the Selectboard decides to move forward with these improvements, the Town would
149   have to go to the Planning Commission for a Site Plan Approval for the Town Common area.
150
151   If the Selectboard approved the Park and Ride, Mr. Lutz requested that they allow him to prepare a
152   design which would come back to the Board to show the Park and Ride and how it would fit with
153   the bike path, the light changes and landscaping. He recommended that the Selectboard accept the
154   Park and Ride Grant subject to approval of the site design by the Selectboard and Planning
155   Commission and that site design plans be initiated at this time.
156
157   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO
158   APPROVE THE PARK AND RIDE GRANT WITH THE PROVISION THAT THE
159   SELECTBOARD WILL REVIEW THE SITE PLAN PRIOR TO ITS GOING TO THE
160   PLANNING COMMISSION.
161
162   Ms. Myers inquired as to the how the money for the Park and Ride could be spent wondering if the
163   money being used could be lumped together with whatever else was going to be done. Mr. Lutz
164   stated that was correct. He would also need to come before the Board with items that would need to
165   come out of other budget items. Ms. Myers understood Mr. Lutz saying that VTrans wouldn’t have
166   a concern with other items we were going to do there because we were also going to use the money
167   for a Park and Ride. Mr. Lutz added that he met with VTrans at the site to show them the work that
168   was planned.
169
170   Mr. Nye asked if Mr. Lutz had looked into the dedication of the lot to only Park and Ride. Mr. Lutz
171   stated that he did follow up by contacting Wayne Davis, the LPF Coordinator who indicated that
172   signs would be placed in front of the spaces to identify them as Park and Ride spots, but they don’t
173   control who uses those designated lots - it’s done on a first come/first serve basis throughout the
174   State. That means if someone parks there to go to the library it would be okay.
175
176   THE MOTION PASSED 5-0.
177
178   Preemption Device Request of VTrans for VT 15 Intersection – Dennis Lutz
179
180   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION TO
181   APPROVE A PREEMPTION DEVICE TO BE INSTALLED AT THE
182   VT15/VT128/TOWERS ROAD INTERSECTION AND THAT THE REQUEST BE SENT
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      ESSEX SELECTBOARD                          November 1, 2004

183   ON TO THE TRAFFIC DESIGN, OPERATIONS AND SAFETY SECTION.
184
185   Mr. Nye questioned if the preemption device would be installed only on emergency vehicles and
186   not on non-emergency vehicles going to and from the fire station. Mr. Lutz stated that the Board
187   would be able to set policy as the device needs to be purchased by the Community and would need
188   to be encrypted. The Board agreed that the device should only be used only on emergency vehicles.
189
190
191   THOMAS TORTI AMENDED THE MOTION AND JEFFREY B. CARR SECONDED THE
192   AMENDED MOTION TO APPROVE A PREEMPTION DEVICE TO BE INSTALLED AT
193   VT15/VT128/TOWERS ROAD INTERSECTION WITH THE UNDERSTANDING THAT
194   IF IT IS APPROVED BY VTRANS ANY ACTUATOR WOULD SEE THAT IT WOULD
195   GO ON THE ACTUAL EMERGENCY SERVICE VEHICLE AND NOT ON PRIVATE USE
196   VEHICLES OWNED BY THE TOWN, AND THAT THE REQUEST BE SENT ON TO THE
197   TRAFFIC DESIGN, OPERATIONS AND SAFETY SECTION.
198
199   Ms. Myers asked for an explanation of what a preemption device was so that the public would
200   know what was being discussed. Mr. Lutz stated it was a device placed inside a vehicle that could
201   change the timing of a traffic signal.
202
203   THE AMENDED MOTION PASSED 5-0.
204
205   Winter Operations Plan – Dennis Lutz
206
207   Mr. Lutz reported that the Winter Operations Plan hadn’t changed a lot. A couple of roadways had
208   been added, Marion Avenue and Irene Avenue connecting the Lamell Development to Autumn
209   Knoll on Rt. 128. There was also a path along Autumn Knoll that Public Works would be clearing.
210    The new path along Old Stage Road near the intersection will be plowed. Public Works is working
211   with HDI to access the parking lot behind the white building. They may put a small section of
212   gravel to connect that parking lot at Butler’s Corners with the back section of the HDI parking lot
213   so that when the signals begin working, people crossing will actually have a place to get into where
214   they want to go. The construction on Susie Wilson Road near Mainstay Suites has been completed
215   so they will begin plowing those sidewalks. Mr. Lutz noted that since the department went to a 3-
216   yard dump truck, overtime hours had been significantly reduced.
217
218   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
219   APPROVE THE WINTER OPERATIONS PLAN FOR 2004-2005.
220
221   THE MOTION PASSED 5-0.
222
223   Hanley Lane Upgrade Request – Dennis Lutz
224
225   Mr. Lutz explained that a request came in from Michelle Rennie (WTLLC) to develop lots on
226   Hanley Lane. Right now there is one house on the Class IV portion of the Road, which the Town
227   considers a driveway. The Ordinance states that the next person that comes in has to construct the
      Draft                                            5
      ESSEX SELECTBOARD                            November 1, 2004

228   road to the standards in the Town Highway Ordinance for a Class IV Road, which would be a wider
229   road, 18 feet with a 1-foot shoulder on each side, but it could remain a gravel road. Among other
230   conditions, Public Works is requiring that WTLLC cut some of the side hill on one side and leave
231   the trees on the other side. They are required to put erosion control blankets on the side slopes.
232
233   Mr. Lutz recommended that the Selectboard warn a Public Hearing for the December 6, 2004
234   meeting. There would be no approval needed tonight, but if the Selectboard did decide to approve
235   it in December there were some conditions he recommended they consider: All work would be
236   done per the approved plans with the exception that WTLLC does not need to install the culvert;
237   that WTLLC improve the ditch line, flush and clean the pipe, and gravel that section of roadway.
238   There is a waiver granted to the cul-de-sac requirement that it not be a component of a driveway.
239   WTLLC agreed to maintain a portion of the roadway, which needs to be noted in the legal
240   documents and the existing landowner up the road would also maintain their section of roadway.
241   There would also be a standard Town Highway Agreement with a 3-year warranty with a letter of
242   credit for 10% of the estimated construction cost. If the Selectboard decided not to approve the
243   upgrade request, Public Works would send a copy of the plan with a letter to adjacent property
244   owners.
245
246   Mr. Carr asked what the objection was to installing another culvert. Mr. Lutz replied that although
247   there are a lot of wetlands in the area, the area targeted for the culvert was relatively dry and the
248   applicant didn’t want to add more water to that area.
249
250   Mr. Nye stated that with his knowledge of the soils in the area, he was concerned with the 2 on 1
251   slope and the long-term maintenance of it. Mr. Lutz understood Mr. Nye’s concern he would
252   consider placing some additional conditions on the request.
253
254   THOMAS TORTI MOVED AND ALAN NYE SECONDED A MOTION TO WARN A
255   PUBLIC HEARING FOR THE 500-FOOT IMPROVEMENT OF HANLEY LANE
256   REQUESTED BY WTLLC (MICHELLE RENNIE) FOR DECEMBER 6, 2004.
257   THE MOTION PASSED 5-0.
258
259   Mr. James clarified that after the December 6th hearing, and if approved, the Board would
260   incorporate the conditions listed in the memo dated October 26, 2004 from Dennis Lutz to the
261   Board and Town Manager.
262
263   Status of Current Capital Projects – Dennis Lutz
264
265   Mr. Lutz stated every year he provides the Board with information on what has been done for
266   capital projects. A memo to the Town Manager and Selectboard dated October 31, 2004.
267
268   Mr. Torti felt that it was time to find a location for a skateboard park. There has been difficulty in
269   finding a site for it, but he felt the Selectboard should find a location and take the heat for it. He
270   believed there were options for locations out there. He would be happy to share his thoughts with
271   the Town Manager on a possible location.
272
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      ESSEX SELECTBOARD                           November 1, 2004

273   Mr. Nye noted that the Board had placed the design for the Alder Brook pump station in the budget
274   but it had been replaced by higher priority projects. Mr. Lutz stated he was going to try to get that
275   going between now and the next fiscal year, but there was concern about whether the Town would
276   have to tap into that money; it appears they may not have to.
277
278   Although not part of the Capital Budget, Mr. Nye had a concern on the status plan for the property
279   on Rt. 15 just below the former police officer’s house. Mr. Scheidel stated the plan was in the
280   works.
281
282   Mr. James acknowledged and thanked Eurowest Corporation for the donation of fixed theatre seats
283   for Memorial Hall, which were acquired through actions by the Town Manager.
284
285   Request to Spend Equitable Sharing Funds
286
287   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO
288   AUTHORIZE THE EXPENDITURE OF APPROXIMATELY $3,291 OF EQUITABLE
289   SHARING FUNDS PLUS AN ADDITIONAL $1,000 PROVIDED BY THE CHAMPLAIN
290   VALLEY EXPOSITION, FOR THE CONSTRUCTION OF A SUSPENDED SHELF AND
291   STORAGE MEZZANINE AT THE ESSEX POLICE DEPARTMENT STORAGE AND
292   EVIDENCE FACILITY ON SAND HILL ROAD.
293
294   Mr. Nye asked that it be noted that storage at Morse Drive would be eliminated.
295
296   THE MOTION PASSED 5-0.
297
298   Homestead Declaration Errors & Omissions
299
300   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
301   APPROVE CORRECTIONS LISTED IN A MEMO DATED OCTOBER 26, 2004 FROM
302   RANDY VIENS.
303
304   THE MOTION PASSED 5-0.
305
306   Minutes of October 18, 2004
307
308   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
309   APPROVE THE MINUTES OF OCTOBER 18, 2004 WITH THE FOLLOWING
310   CORRECTION: Line 10: Replace, ‘Polly Demetrian’ with ‘Poly MacMurtry’.
311   THE MOTION PASSED 5-0.
312
313
314
315   CONSENT AGENDA
316
317   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
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      ESSEX SELECTBOARD                        November 1, 2004

318   ACCEPT THE CONSENT AGENDA WITH SELECTBOARD COMMENTS.
319
320   Check Warrant Report 10/14/04, 10/21/04
321   Mr. Torti asked why a payment was made to APC and where the problem was. Mr. Scheidel stated
322   the problem was in the dispatch area and another area would be in the library. The group would
323   look at mold and the effect it has on employees and citizens.
324   Act 250 Minor Application – Homestead Design
325   Zoning Regulations Proposed Amendment
326   Exit Pole Survey
327   Downs Rachlin & Martin, Client Alert
328
329   Agendas
330
331   Minutes
332   CCTA 8/25 & 9/22/04
333   Planning Commission 9/9/04
334   CSWD 9/22/04
335   CCRPC 9/27/04
336
337   Letters
338   From Emergency Management to Pat Scheidel regarding FEMA Assistance
339
340   Memos
341   To Heb Durfee from Chris Dawson regarding New Non-Profit Mission
342   To Pat Scheidel and Selectboard from Dennis Lutz regarding REMA and State
343      Reimbursement – Aug. 2004 Flooding
344
345
346   THE MOTION PASSED 5-0.
347
348   ADJOURNEMENT
349
350   AT 8:37 P.M. JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A
351   MOTION TO ADJOURN. THE MOTION PASSED 5-0.
352
353
354
355   Respectfully submitted,
356
357   June M. Campbell
358
359   June M. Campbell
360   Recording Secretary
361
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      ESSEX SELECTBOARD                            November 1, 2004

362   Approved this _______________ day of _________, 2004.
363
364   (See minutes of this date for corrections, if any).
365
366   _______________________________
367   Thomas W. Torti, Clerk, Selectboard
368
369   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)




      Draft                                                 9
 1                                            TOWN OF ESSEX
 2                                             SELECTBOARD
 3                                               MINUTES
 4                                            December 6, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Thomas Torti, Jeffrey B. Carr, Alan Nye and Linda Myers.
 7
 8   OTHERS PRESENT: Patrick Scheidel, Town Manager; Herbert Durfee, III, Community
 9   Development Director; Todd Law, Public Works Dept; Mark Berry, Parks & Recreation
10   Department, Michele Rennie, Sharon Zukowski, Bruce Post, Al Bombardier, Bill Fogg, Roger
11   Villemaire, Debbie Houle, Gary Smith, Doug Goulette, Meg Musante, Ken Petrie, David Burke,
12   Bob Marcotte, Glenn Turner and Virginia Turner.
13
14   Mr. James called the meeting to order at 7:30 p.m.
15
16   PLEDGE OF ALLEGIANCE
17   Mr. James invited those present to join him in reciting the “Pledge of Allegiance.”
18
19   PUBLIC TO BE HEARD
20
21   Al Bombardier, of Foster Road explained he was there on behalf of the residents of the Foster Road
22   area regarding zoning and landscaping issue of a recently approved project on Foster Road. There
23   had been extensive stripping of the landscaping on the lot, where 30-50 year-old trees 40-50 feet
24   tall had been cut for construction. As part of the Town Staff’s effort, the Town Forester assisted
25   staff in identifying trees to be saved. After the project was approved, the applicant cleared nearly
26   all the previously identified trees leaving only two, one next to the fire hydrant, and the other
27   growing near a power line and Mr. Bombardier feels both trees will need to be removed in the
28   future because of their location. Mr. Bombardier showed a photograph of the cleared area.
29
30   In a previous discussion with the Zoning Officer, Mr. Bombardier was told that there would be a
31   new Public Hearing held in January 2005 to help resolve these issues. On Tuesday, November 30th
32   he had another discussion with the Zoning Officer who said that there would be no hearing until the
33   applicant requested a building permit. Mr. Bombardier reported that the applicant was now looking
34   to sell the property and that would mean another site plan with a review, and he wondered what
35   would happen to all the landscaping that was lost in the first project. The way he reads the Zoning
36   Regulations, the Zoning Officer is responsible for enforcement and remedies and the amount of
37   landscaping lost on the property was not a small amount. He had no idea how much it would cost
38   to replace the marked trees that were cut. He asked for the Selectboards’ help in getting this issue
39   resolved.
40
41   Mr. James asked Mr. Bombardier what would be the property remedy for the situation. Mr.
42   Bombardier felt replacement of what was originally agreed to and at the proper size would be the
43   appropriate remedy. He raised his concern on this issue a couple of months ago, and didn’t know
44   how to resolve this at his level. He felt that the applicant that established the landscaping condition
45   needed to help resolve the issue.
46
47   Bruce Post, of 1 Cindy Lane requested that the Selectboard place the Birchwood sewer issue on a
     ESSEX SELECTBOARD                                                              December 6, 2004

48   future agenda for discussion. Several residents attended a Planning Commission hearing in
49   November regarding a new application for Birchwood, and the residents expressed an interest in
50   having a discussion with the Selectboard regarding several sewer related items including the
51   $65,000 the Town plans to pay towards supporting the sewer expansion
52
53   Mr. James reported that the Selectboard was giving serious consideration to having a somewhat
54   larger meeting regarding sewer in general since there were other citizens interested in sewer also.
55   Mr. Post asked how notification would be handled. Mr. James stated he would see to it that Mr.
56   Post was notified.
57
58   Mr. Post referred to a letter that he wrote to the Selectboard in August 2004 that wasn’t answered.
59   He requested that they try to find the letter and respond to it.
60
61   Bob Marcotte, of 57 River Road stated he was there to request that the Selectboard place on the
62   March ballot a question allowing the citizens of Essex a vote on merging the Town and Village.
63   There would need to be two votes, one in the Town and one in the Village, and in his recent
64   discussions with the Village Trustees, they preferred to have the question placed on their April
65   Ballot since that’s the date of the Village vote which would have the largest turnout. He felt a loud
66   signal for merger was sent from the Village when the vote on the Municipal Office Building was
67   defeated 3 to 1. If a merger were accepted, it would take about one year to draft a new charter,
68   which would implement the merger, then a vote would be needed on the new charter to actually
69   implement it. The vote he is requesting would be a consensus vote to let the citizens decide what
70   they want to do. He has already started a petition for both the Town and Village but in light of the
71   past vote, it makes more sense to have the communities do it on their own without 5% of the
72   signatures, although he is prepared to get them if he has to. He requested that the Selectboard
73   distribute a memo stating that they would agree to place the vote on the March ballot if the Trustees
74   are willing to place the vote for merger on their April ballot. Mr. Marcotte also felt that if the two
75   communities decide to merge, there could be resolution to the cramped quarters.
76
77   Mr. Marcotte believed the feeling now is to do a merger where there would be a municipality of six
78   or seven districts, with each of the six having an elected official and the seventh being elected at
79   large. This would eliminate the boundary line between the town and the village that was in the
80   previous suggested charter four or five years ago where there was to be three officials elected from
81   both the Town and Village.
82
83   Mr. Marcotte reported that the Village Trustees would be meeting on December 17th and felt it was
84   appropriate for the Town to agree to place the merger question on the March ballot if the Village
85   agreed to do so. If the Selectboard and Trustees agree to place the question on the ballot, he
86   wouldn’t pursue getting the petition signed. The petition was drafted by Al Overton and Gregg
87   Wilson and was then submitted to the Village where Dave Barra and Owen Jenkins reviewed it.
88   The Town Attorney made a few corrections to the document also.
89
90   Mr. James stated that the Selectboard’s next meeting would be December 20, 2004, after the
91   Trustee meeting. The Selectboard would give it serious consideration given the outcome of the
92   upcoming Trustee meeting.
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      ESSEX SELECTBOARD                                                             December 6, 2004

 93
 94   Glenn Turner, of 12 Oakwood Lane requested that the Selectboard place on a future agenda the
 95   Secondary Access proposed in the Birchwood application. He’s talked with Town staff but it was
 96   unclear to him what was being proposed. He wanted to know what the plans were for the
 97   secondary access and if it involved the Town owned property.
 98
 99   Mr. Scheidel reported that the entire matter was brought through the Planning Commission process,
100   the applicant appealed the outcome and there was a resubmittal for a preliminary sketch. Mr.
101   Turner stated he was a little confused about the Town being a co-applicant on the application and
102   asked if the Town was involved in the plans. Mr. James replied that the Selectboard was not
103   involved with the plans, and it would be inappropriate for them to get involved in the discussion
104   since it was under the Planning Commission’s purview. Mr. Scheidel explained that the Town was
105   listed as a co-applicant because the Town has property in the development. The Selectboard has
106   authorized the Town to be co-applicants in the application because they would like to see the
107   property sold at some point in the future. The Town has no plans to sell the property immediately
108   at the conclusion of this process however it concludes, and when the Selectboard does decide to
109   sell, they would go through the normal sale of the property.
110
111   Mr. James stated it would be very appropriate for Mr. Turner to address the Planning Commission
112   with this issue. Mr. Turner asked if the Planning Commission had the ability to approve anything
113   being done with Town land or did it have to go the Selectboard or citizens for a vote. He didn’t
114   believe the Planning Commission had the ability to approve a road going through Town property
115   without Selectboard approval. Mr. James stated that the Planning Commission was responsible for
116   coming up with a recommendation and they have the authority to carry it out. If the road were to
117   become a part of the road system needing a name, then it would go before the Selectboard.
118
119   Sharon Zukowski, of 41 Tanglewood Drive stated the reason she and Mr. Turner were there was
120   because they were told that it was a Selectboard issue and also that Town land couldn’t be sold
121   without voter approval. She felt that preparing land for sale and being a co-applicant on the
122   application was the same as planning to sell the land. Mr. James explained that the Planning
123   Commission would be making the decision and that the Town was a co-applicant only in name
124   because they happen to own property adjacent to the property. Ms. Zukowski felt that there should
125   be someone within the Town that citizens can talk to. Mr. James restated that the Planning
126   Commission was the proper channel for input. Mr. Scheidel reported that Ms. Zukowski had
127   written a four-point letter asking the same questions and suggested that a written response would
128   answer the questions more clearly. Responding to who is a co-applicant in the application, Mr.
129   Scheidel stated it would depend upon which avenue the Planning Commission or Zoning Board
130   would entertain. For instance the Town Engineer would speak for the Town in a matter regarding
131   sewer, roads or curb cuts. The confusing part is that there is not just one person to go to regarding
132   this issue.
133
134   Mr. Nye reported that there was one issue the Selectboard had made a decision a year ago and that
135   was to allow the sale of a number of the lots obtained by the Town for non-payment of taxes within
136   this subdivision. The Selectboard believed it was in the best interest of the community to place
137   these lots back on the tax roles and not allow them to sit as fallow land. That is why the Town was
      Draft                                             3
      ESSEX SELECTBOARD                                                             December 6, 2004

138   co-applicant in this application. The next step would be the Planning Commission process where
139   they would review further development of the area, and with that comes the second access issue.
140   The other issue is that in order to develop the Town’s lots in the development, sewer is required.
141   Ms. Zukowski asked if the town ran the numbers on how much it would cost the Town to run sewer
142   compared to sale of the lots. Mr. James stated the point is that the Selectboard was now out of the
143   process and it was in the Planning Commission’s hands.
144
145   Mr. Turner asked if it would be possible for one of the Selectboard members to attend the
146   Selectboard meeting. Mr. James responded it would be inappropriate for a Selectboard member to
147   interfere with the Planning Commission process. Mr. Turner explained that it was difficult to get
148   resolution on the issue when citizens are sent all around without anyone answering their questions.
149   Mr. Torti suggested that the statutory requirements for both the Selectboard and Planning
150   Commission be reviewed to get clarity on the situation. He believed the issue was under the
151   Planning Commission’s purview. Mr. Turner asked who from the Town would be representing
152   where the road would go on Town property. Mr. Scheidel responded that the Planning Commission
153   had that ability, and they would receive input from the Director of Public Works. The developer,
154   Mr. Jenkins would have as part of the development, a proposal to be reviewed by staff. The staff
155   would review the proposal and write recommendations to the Planning Commission. Those
156   recommendations would be accepted, rejected or modified by the Planning Commission.
157
158   Mr. Nye felt that answering Ms. Zukowski’s letter could answer the questions more clearly. The
159   last thing the Selectboard wants to do is show up at a Planning Commission meeting and coerce
160   them into a decision because the Selectboard appoints the Commission. Mr. Nye reported that the
161   only decision the Selectboard made was to begin the process to attempt to sell those lots. Mr. Carr
162   clarified that the Town only started the process and hadn’t attempted to sell the lots.
163
164   Mr. James hoped that it was clear that all the Selectboard members understood the process was
165   frustrating, but at the same time there were Statutes that they had to follow. They would try to
166   answer the questions in Ms. Zukowski’s letter and hoped it would help.
167
168   Mr. Marcotte asked if it required a Town vote to sell land that the Town owns. Mr. Scheidel stated
169   there was a policy adopted in 1987 stating that the sale of public property shall be authorized by
170   Town Meeting. However, an easement request would not need to go before the voters. Also, this
171   Board still has the option of following or not following this policy, or making a new policy. Since
172   Mr. Scheidel has been there, the Selectboard has followed the policy adopted in 1987.
173
174   PUBLIC HEARING – Zoning Amendments
175
176   Al Bombardier, of Foster Road asked if these Amendments were considered interim amendments
177   until there was a vote on the overall package. Mr. Scheidel explained this was the first of two
178   scheduled public hearings with a second one scheduled for December 20, 2004. After the second
179   meeting would come adoption. Mr. James added that after the second public hearing would come
180   adoption provided there were not significant changes after the first public hearing.
181
182   Mr. Bombardier referred to 24.1.1 - Existing Small Lots on page 52 of the Town of Essex Public
      Draft                                             4
      ESSEX SELECTBOARD                                                               December 6, 2004

183   Hearing Notice. He felt that there were a number of irregularly sized lots in the Town and several
184   were really small strips of land that run for long lengths. He wondered how adding a 1’ strip at
185   500’ would make the lot legal. Mr. Nye stated that this recommendation referred to an already
186   existing and approved lot where the owner buys a piece of property next to it. That piece of
187   property would be co-joined with the existing property. There would not be any further reviews
188   necessary because the lot currently exists and has all the approvals necessary. Mr. Bombardier
189   asked if the purchased lot would need to meet Town standards. Mr. Nye responded it wouldn’t
190   because if someone were to buy the land which was next to a lot that already had approvals, that
191   piece of property would be co-joined with the original lot. Mr. Torti added the original lot was
192   already an acceptable and existing lot. Mr. Bombardier stated he was okay with the amendment
193   given Mr. Torti’s statement.
194
195   Mr. Marcotte referred to last sentence on page 114 reading, “Acceptance of a request for
196   withdrawal shall be considered ‘disapproval’ without prejudice.” He asked why they would call a
197   withdrawal 'a disapproval'. Mr. Nye pointed out that this was the way the regulation was written
198   currently and it wasn’t being changed. He also stated that when there is a request for a withdrawal,
199   there has to be a formal response to a proposal and without prejudice means that the applicant can
200   come back any time. Mr. Marcotte felt that someone should be able to withdraw an application and
201   not get disapproval. Mr. James added that a disposition must be given, and that would be
202   disapproval without prejudice.
203
204   Mr. Bombardier referenced 25.2 (B) reading, “The character of the area affected, as defined by the
205   purpose or purposes of the zoning district within which the project is located…” He felt that
206   removal of the word ‘neighborhood’ after ‘area’ was changing the definition. The definition of
207   ‘area’ is unclear and he called other municipalities in the area for their definitions. He proposed the
208   following change for 25.2 (B): “The proposed use will not adversely affect the character of the
209   immediate neighborhood area, be detrimental to adjoining properties, will not negatively affect
210   public health, safety and welfare, and the design will minimize any potential adverse impact.” Mr.
211   Bombardier handed a copy of the proposed change to the Selectboard.
212
213   The other concern Mr. Bombardier had was in reference to the whole document and the changes
214   due to the State Statutes. He was unable to obtain access to those Statutes on-line. He felt it was
215   important to have access to those documents to compare with the changes to the Zoning
216   Amendments. Mr. Durfee reported the State Statutes were on-line on the legislative web site. An
217   entire copy could be downloaded through that site or through the Department of Housing Affairs.
218   Mr. Durfee also had a copy in his office for review. Mr. Torti added that it may not be in the
219   Statutes with a title, and suggested that Mr. Bombardier look under “Acts resolved of the
220   Adjourned Session” and then look for ACT 115.
221
222   Mr. Torti asked if Mr. Bombardier’s recommended change to section 25.2 was only related to (B)
223   and not to (C), (D), (E) or (F). Mr. Bombardier replied that it was just a rewrite of (B). He felt it
224   was clear, in his opinion, that other communities are doing a much better job of protecting the
225   character of the immediate residential area. When referring to ‘area’ it could mean the entire
226   county. He couldn’t find a definition of what constituted ‘area’.
227
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      ESSEX SELECTBOARD                                                             December 6, 2004

228   Mr. Bombardier then referred to page 108, section 26.2 - Zoning Administrator, and the sentence
229   reading, “The Zoning Administrator may be discharged by the Town Manager for cause at any
230   time.” Previously it read, “The Zoning Administrator may be discharged by the Town Manager for
231   just cause, just as may any other Town employee.” He questioned why the word ‘just’ was
232   removed. Mr. Nye explained that ‘cause’ meant the same thing. Ms. Myers added that ‘just cause’
233   was redundant.
234
235   Doug Goulette, of Lamoureux and Dickinson stated that he submitted a letter on behalf of Roger
236   Villemaire specific to the Wilson Inn Property and he went through a few points of that letter. In
237   regards to the MXD/Retail Business/Residential District, Mr. Villemaire requested that the
238   Selectboard continue to consider 1-2 bedroom multi-family units as part of the proposed
239   amendments in this district, and he also requested inclusion addressing allowable density of at least
240   25-units per acre in this district or the 1-2 bedroom multi-family projects. Similarly, referring to
241   the proposed changes to the table of off-street parking requirements, they request that the
242   Selectboard consider the 1-2 bedroom multi-family housing units having a parking requirement of
243   1.67 spaces per unit. Mr. Goulette gave Mr. James a copy of the letter.
244
245   Mr. Bombardier questioned an item on Dimensional Requirements Table 22.4. Looking at the R-2
246   District maximum front yard depth of 40’, hee compared it with multi-family residents within a
247   PRD/PUD with a minimum front yard depth of 20’. Mr. Bombardier’s concern was that the
248   buildings in a PRD/PUD can get very large and asked why the front yard requirement wouldn’t be
249   the same as a single-family residence at 40’. Mr. Nye replied that with a PRD/PUD, the
250   development is incorporated into a smaller area, leaving much more area open for other uses. In
251   doing that, the developer would try to reduce the developmental footprint; therefore the front yard
252   and side yard setbacks would all be minimized. This would be similar to a development such as the
253   Commons at Lang Farm, which some people believe makes a lot of sense compared to the houses
254   being 50’ back in other developments. Mr. Bombardier understood what Mr. Nye was saying, but
255   his concern was when one of these larger size buildings gets built right next to an existing home. He
256   wondered what protection there was for a smaller residential home having that type of building
257   placed next to it. He referred to the developer on his road that was going to place a larger building
258   15’ from the adjacent property. Mr. Durfee replied that in the Subdivision Regulations, the
259   Planning Commission was allowed to address screening and landscaping issues and other criteria
260   such as traffic access and height of buildings. There would be a notice sent to abutters so they
261   could express their concerns before the Planning Commission. The Planning Commission would
262   then address the issues they found pertinent and justified during deliberation. Mr. Nye added that
263   in a single unit R-2 development, a person could build to 15’ of the side yard where in a PUD it’s
264   30’. The building going in Mr. Bombardier’s development was not under a PUD but under R-2
265   district Dimensional Requirements. Mr. Bombardier stated the building was multi-story with no
266   way to screen. Mr. James reported that was within the requirements.
267
268   Mr. Durfee reported that the Community Development Office today received a revised landscaping
269   plan for approval by the Planning Commission for the property Mr. Bombardier has in question.
270   That was a result of staff’s site visit out to the property where the property owner was told he
271   needed to submit a new landscaping plan to the Planning Commission to address the issue that Mr.
272   Bombardier has raised.
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      ESSEX SELECTBOARD                                                            December 6, 2004

273
274   JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO CLOSE THE
275   PUBLIC HEARING ON THE ZONING AMENDMENTS. THE MOTION PASSED 5-0.
276
277   Mr. James reported there would be a second Public Hearing for the Zoning Amendments on
278   December 20, 2004.
279
280   PUBLIC HEARING – HANLEY LANE
281
282   David Burke, of O’Leary Burke represented WTLLC and was there to request an upgrade to a
283   current Class IV road, Hanley Lane where WTLLC was prosing a three-lot subdivision. Pointing to
284   the map, he showed the driveway to proposed lot one and the two other lots before the Pelchat’s
285   home off the end of the Class IV portion. Currently the Class III section ends about 2/3 of the way
286   from Mr. Smith’s property.
287
288   The applicants have a sketch approval for the three lots and one of the many conditions of their
289   sketch approval was that they go to the Selectboard for an upgrade of Class IV before going back to
290   the Planning Commission. Mr. Burke worked with Dennis Lutz last winter on this specific issue
291   and in August Mr. Burke submitted a request in accordance with Section 9.02.060 asking for an
292   upgrade of the Class IV highway. They were not asking for a change from a Class IV to a Class III,
293   but just for an upgrade of that one section of Class IV Town Highway. The frontage was already
294   there and frontage on a Class IV Highway was allowed, but because of the existing narrow road
295   width they need to upgrade it to 20’ wide.
296
297   Mr. Burke referred to the last memo from Mr. Lutz dated October 26, 2004 to Mr. Scheidel where it
298   listed four conditions to be made part of the approval recommendation in the absence of further
299   input at the Public Hearing. Mr. Burke stated the applicant was fine with all four conditions.
300
301   Mr. Burke reported that the Pelchat’s owned land on the north side of Hanley Lane and Mr. Lutz, in
302   his review, asked for a new culvert. The Pelchat’s didn’t want another culvert, and since the
303   applicant had a roadside swale going back to the existing culvert Mr. Lutz agreed that another
304   culvert was not needed. The applicant has submitted that plan change to Mr. Lutz and the Town
305   Office.
306
307   Mr. Nye expressed his concern with the one on two slope. Mr. Burke explained that they’ve been
308   told to maintain the top bank, and the road width would be widening on the project side. The upper
309   side through station 11-13 plus or minus, is at a two to one or better, so that by widening on that
310   one side only and then adding the swale, they start to cut back quite a ways. The applicant
311   proposed erosion control on that side sticking to the two on one slope thinking they were better off
312   not cutting more vegetation further back to obtain a one on three. He wasn’t sure if Mr. Lutz
313   agreed completely. The Public Works office would be involved during the process so that if there
314   was additional erosion control needed, it would occur. That’s why they didn’t go with the three on
315   one.
316
317   Mr. Nye referred to Condition #3 stating that maintenance of the 500-foot section of road requested
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      ESSEX SELECTBOARD                                                             December 6, 2004

318   for upgrade on Hanley Lane shall be the responsibility of the applicant. He wanted to clarify that if
319   water ran out onto the roadway, it would be the owner’s responsibility to repair. Todd Law of the
320   Public Works Department explained that he talked to Mr. Lutz and also looked at the site, and he
321   felt that if, during the three-year warranty period erosion became an issue, Public Works would
322   have to work with the engineer and buckle down to stabilize the bank.
323
324   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION TO CLOSE
325   THE PUBLIC HEARING. THE MOTION PASSED 5-0.
326
327   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION THAT THE
328   SELECTBOARD APPROVE THE UPGRADE OF THE CLASS IV ROAD OF HANLEY
329   LANE TO TOWN HIGHWAY STANDARDS WITH THE FOUR CONDITIONS LISTED IN
330   A MEMO FROM DENNIS LUTZ TO PATRICK SCHEIDEL DATED OCTOBER 26, 2004.
331
332   THE MOTION PASSED 5-0.
333
334   PUBLIC HEARING – Recreation Impact Fees
335
336   There was no public comment on the Recreation Impact Fees.
337
338   ALAN NYE MOVED AND THOMAS TORTI SECONDED A MOTION TO CLOSE THE
339   PUBLIC HEARING. THE MOTION PASSED 5-0.
340
341   BUSINESS
342
343   Adoption of Impact Fee Ordinance Change
344
345   ALAN NYE MOVED AND THOMAS TORTI SECONDED A MOTION TO ADOPT THE
346   MUNICIPAL ORDINANCE AMENDMENT CHAPTER 3.04 IMPACT FEES FOR NEW
347   DEVELOPMENT AS AMENDED DATED OCTOBER 7, 2004.
348
349   THE MOTION PASSED 5-0.
350
351   Recreation Trails Grant
352
353   THOMAS TORTI MOVED AND ALAN NYE SECONDED A MOTION TO APPROVE
354   THE PARKS AND RECREATION DEPARTMENT’S REQUEST TO APPLY FOR A
355   RECREATON TRAILS GRANT IN THE AMOUNT OF $2,200.
356
357   THE MOTION PASSED 5-0.
358
359   Local Law Enforcement Block Grant
360
361   THOMAS TORTI MOVED AND LINDA MYERS SECONDED A MOTION TO
362   AUTHORIZE THE POLICE DEPARTMENT TO ACCEPT AND EXPEND LLEBG FUNDS
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      ESSEX SELECTBOARD                                                           December 6, 2004

363   IN THE AMOUNT OF $4,128.
364
365   THE MOTION PASSED 5-0.
366
367   Amendment to Tri-Town Agreement
368
369   ALAN NYE MOVED AND THOMAS TORTI SECONDED A MOTION TO AUTHORIZE
370   THE TOWN MANAGER TO SIGN AMENDMENT #3 TO THE THREE-PARTY
371   AGREEMENT ON SEWAGE TREATMENT BETWEEN THE VILLAGE OF ESSEX
372   JUNCTION AND THE TOWNS ESSEX AND WILLISTON.
373
374   THE MOTION PASSED 5-0.
375
376   Homestead Declaration Errors and Omissions
377
378   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO
379   APPROVE THE CORRECTIONS AS REQUESTED BY THE STATE TAX DEPARMENT
380   FOR THE 2004 GRAND LIST FOR ERRORS AND OMISSIONS.
381
382   THE MOTION PASSED 5-0.
383
384   Health Officer Re-appointment
385
386   ALAN NYE MOVED AND THOMAS TORTI SECONDED A MOTION TO RE-APPOINT
387   JERRY FIRKEY AS THE TOWN HEALTH OFFICER AND AUTHORIZED THE
388   SELECTBOARD CHAIR TO SIGN THE DOCUMENTS AS REQUIRED.
389
390   THE MOTION PASSED 5-0.
391
392   Exit Poll Results
393
394   Mr. Scheidel referred to the memo dated December 1, 2004 regarding the Exit Poll results. There
395   were 282 respondents to the exit pole that took place after the November 2nd election. Of the
396   10,411 voters, 2.71% completed and returned the exit pole. The municipal building vote was
397   resoundingly defeated by voting district. In 6-1, 1,895 voted yes, 2,116 voted no; In district 6-2
398   (the Village) 1,198 voted yes, 3,450 voted no; In district 6-3 Essex only, 672 voted yes, 671 voted
399   no. There were a number of comments made in writing that were listed in the results. Mr. Scheidel
400   thanked Cub Scout Pact 620 for their efforts.
401
402   Minutes of November 1, 2004
403
404   JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO ACCEPT
405   THE MINUTES OF NOVEMBER 1, 2004 WITH THE FOLLOWING CORRECTIONS:
406   Line 195: Strike “OWNED BY THE TOWN”. Line 277-278: replace “on the status plan
407   for the property on Rt. 15 just below the former police officer’s house” with “regarding the
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      ESSEX SELECTBOARD                                                                December 6, 2004

408   Brown’s River Development Plan update – Mr. Myers’ property.”
409
410   Ms. Myers noted that the October 18, 2004 Minutes listed on the agenda were not included. Mr.
411   Scheidel verified they were not included in the packet.
412
413   THE MOTION PASSED 5-0.
414
415   CONSENT AGENDA
416
417   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO ACCEPT
418   THE CONSENT AGENDA WITH SELECTBOARD COMMENTS.
419
420   Check Warrant Reports 10/28, 11/5, 11/11, 11/18, 11/24 & 12/2/2004
421
422   Minutes
423   CCRPC 10/25/2004
424   CSWD 11/17/2004
425
426   Letters
427   To the Planning Commission from Essex Alliance Church regarding request for additional
428           sewer capacity.
429   To Herb Durfee from The Snyder Company regarding realigning sewer core area
430   To Herb Durfee from O’Leary-Burke Civil Engineers regarding Kimo Route 117 Property
431           Request for Rezoning
432   To Selectboard from IBM regarding Modifications to Waste Management System
433   To Selectboard from M & K Billado
434   Ms. Myers asked Mr. Durfee if this letter was an example of what the Board would refer to when
435   they spoke to the citizens of Birchwood concerning a request for a waiver. Mr. Scheidel reported
436   that M & K Billado put in a brand new system and confused the Town’s requirements of the sewer
437   ordinance with the town septic system. This was an example of where the people that write a letter
438   can feel a level of comfort that if they do submit a request for waiver they will be favorably heard.
439   So this was an example of what citizens of Birchwood might request. There has been a history
440   where this had been done before in another neighborhood where a waiver was granted because the
441   resident had just spent $5,000-$6,000 to put in a new system. Mr. Carr asked if it was true that
442   even if the Selectboard approved a waiver, if the property were sold the new owners would have to
443   hook up. Mr. Scheidel responded absolutely.
444
445   Ms. Myers stated she had received phone calls from people in the Birchwood area asking for
446   written documentation that they can receive this waiver.
447
448   Mr. James felt they should take advantage of M & K Billado’s letter and respond to them giving
449   them instructions of what they should do to request a waiver. If the current ordinance states how
450   this can be done, a copy of the ordinance should be attached to the letter. One thing the waiver
451   does not say is that the Selectboard will grant a waiver in all instances. It is a waiver by definition
452   meaning that there are certain factors that have to occur. That’s why it’s important that the
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      ESSEX SELECTBOARD                                                             December 6, 2004

453   ordinance be attached.
454   To Selectboard from M. Beilstein regarding Extension of Sewer Core
455   To Selectboard from J. Evans regarding Extension of Sewer Core
456   To Pat Scheidel from Lamoureux & Dickinson regarding Proposed Residential Development
457   To Herb Durfee from Douglas Road Residents regarding Bus Pick Up at the Johnson
458   Property
459   To the Selectboard from Pioneer Street Residents regarding Petition for Sidewalks
460   Mr. Nye asked if the Board could take overt action on this letter. He felt the Town had a
461   prioritization out there already on sidewalks and non-motorized paths. Mr. Law believed Mr. Lutz
462   responded to the residents. Mr. Law also didn’t believe the Town had right-of-way to the property.
463
464   Mr. James suggested that in the near future the Selectboard consider taking the subject of the sewer
465   and sewer core and other questions being asked in these letters and take some action that would
466   invite citizens in to explain to the Selectboard issues of concern in these letters. Mr. Torti
467   suggested that such a meeting be held after the budget process.
468
469   To VT Agency of Transportation & U.S. Department of Transportation from CCMPO
470           Regarding Removal of Funds
471   Jeffrey B. Carr reported that he was going to the maximum regarding the Rt. 15 Corridor funds.
472   There has been an extremely high level of frustration being that the CCMPO engaged with VTrans
473   and gave them back all the money, only to find that some miscommunication between VTrans and
474   the Federal Transit Administration has jeopardized the earmark for these funds. As a result of fairly
475   significant correspondence between VTrans Planning, the new Secretary, the Congressional
476   Delegation and the Federal Transit Administration, CCMPO thinks they may be able to preserve
477   funds. He explained several times to VTrans Planning Department how CCMPO had already gone
478   out for an RFP for a consultant to do follow-up work, the work they believed was going to be done
479   with the release of the funds. This project was in the UPWP of the MPO, it’s been signed off and
480   approved by VTrans, and now VTrans is coming back saying they may not get the funds because of
481   a misunderstanding. He thanked Bob Penniman, Chair of the MPO for all the time he put into
482   communications. Mr. Carr stated he was going to fight to preserve the funds, but couldn’t
483   guarantee the outcome because there was something at play greater than he could understand.
484
485   Memos
486   CCRPC to Selectboards regarding Future Priorities
487   Dept. of Public Safety regarding LLEBG Application
488   From H. Rice regarding October Fire Dept. News
489
490   THE MOTION PASSED 5-0.
491
492   OTHER ITEMS
493
494   Referring to the packet for the December 20th meeting, Ms. Myers had a concern regarding the
495   Department of Liquor Control reporting a third violation on a local business.
496
497   Ms. Myers asked if the Town was going to take advantage of the Emergency Management Grant
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      ESSEX SELECTBOARD                                       December 6, 2004

498   Program. Mr. Scheidel responded yes.
499
500   EXECUTIVE SESSION
501
502   AT 9:07 P.M. JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO
503   ENTER EXECUTIVE SESSION TO DISCUSS PERSONNEL, CONTRACTS AND
504   LITIGATION TO INCLUDE THE TOWN MANAGER, AND DIRECTOR OF PARKS AND
505   RECREATION. THE PREMATURE PUBLIC KNOWLEDGE OF THE ISSUES TO BE
506   DISCUSSED IN THE EXECUTIVE SESSION WOULD PLACE THE MUNICIPALITY AT
507   A SUBSTANTIAL DISADVANTAGE. THE MOTION PASSED 5-0.
508
509   ALAN NYE MOVED AND LINDA MYERS SECONDED A MOTION TO EXIT
510   EXECUTIVE SESSION. THE MOTION PASSED 5-0.
511
512   ALAN NYE MOVED AND LINDA MYERS SECONDED A MOTION TO INCREASE THE
513   HOURLY REATE FOR THE SENIOR BUS DRIVERS BY $1.50 PER HOUR. THE
514   MOTION PASSED 5-0.
515
516   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION TO
517   APPOINT TODD ODIT AS CCTA BOARD REPRESENTATVIE FROM ESSEX. THE
518   MOTION PASSED 5-0.
519
520   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO
521   APPOINT THOMAS TORTI TO CCRPC TO REPRESENT ESSEX. THE MOTION
522   PASSED 5-0.
523
524   AT 9:38 P.M. ALAN NYE MOVED AND JEFFREY B. CARR SECONDED A MOTION TO
525   ADJOURN. THE MOTION PASSED 5-0.
526
527
528
529
530
531
532   Respectfully submitted,
533   June M. Campbell
534
535   June M. Campbell
536   Recording Secretary
537
538   Approved this _______________ day of _________, 2004.
539
540   (See minutes of this date for corrections, if any).
541
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      ESSEX SELECTBOARD                                    December 6, 2004

542   _______________________________
543   Thomas W. Torti, Clerk, Selectboard
544
545   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)




      Draft                                 13
 1                                             TOWN OF ESSEX
 2                                              SELECTBOARD
 3                                                MINUTES
 4                                             December 20, 2004
 5
 6   SELECTBOARD: Thomas James, Chair, Thomas Torti, Jeffrey B. Carr, Linda Myers and Alan Nye.
 7
 8   OTHERS PRESENT: Patrick Scheidel, Town Manager; Ken Petrie, Doug Goulette, Roger
 9   Villemaire, Christine Packard and Chris Cole
10
11   Mr. James called the meeting to order at 7:30 p.m.
12
13   PLEDGE OF ALLEGIANCE
14   Mr. James invited those present to join him in reciting the “Pledge of Allegiance.”
15
16   PUBLIC TO BE HEARD
17   Mr. Scheidel explained that Chris Cole was scheduled to present the CCTA Budget but would
18   arrive near the end of the meeting since he had four other presentations that evening.
19
20   PUBLIC HEARING – Zoning Regulation Amendments
21   Kenneth Petrie, of 76 Pearl St. referred to a letter he sent to the Selectboard recently stating that the
22   25-units per acre would be a good ratio for the Susie Wilson Road area and he also agreed with the
23   1.67 parking spaces per unit that was requested by Mr. Villemaire
24
25   Doug Goulette, of Lamoureux and Dickinson was representing Roger Villemaire of the Wilson Inn.
26    He reiterated support of the 25-units per acre in the B-1 Zone and that ratio was supported by the
27   Community Development Director in his memo dated December 16, 2004. He also requested that
28   the Selectboard consider that Section 25.5.2 include in the Table of Off-street Parking a new
29   category of 1-2 bedroom multi-family units with 1.67 spaces per unit. Currently it’s 2.3 parking
30   spaces per unit for residential and 1 parking space for an accessory apartment.
31
32   ALAN NYE MOVED AND LINDA MYERS SECONDED A MOTION TO CLOSE THE
33   PUBLIC HEARING. THE MOTION PASSED 5-0.
34
35   Mr. James explained that the Selectboard would take action on the Zoning Amendments later in the
36   evening.
37
38   Mr. Carr asked if there were any substantial changes in the Zoning Amendments since the last
39   Public Hearing. Mr. Scheidel responded that in his opinion there wasn’t. Mr. Carr referred to the
40   1.67 spaces per unit being new and asked if that was considered a substantial change. Mr. Durfee
41   didn’t believe the change to 25-units per acre was a substantial one. He would leave it up to the
42   Board to decide if the proposed parking regulation was substantial. There was an existing provision
43   in Zoning that allows a waiver provision to reduce the number of parking spaces. If the 1.67 spaces
44   were to be incorporated into the changes, it would be pointed toward what 1-2 bedroom multi-
45   family units could have for parking. Under the current regulations, there is never a guarantee the
46   applicant would get a waiver. Generally he didn’t feel the change was substantial, but he would
47   leave it up to the Selectboard since it didn’t go through Planning Commission discussion.
     ESSEX SELECTBOARD                                                           December 20, 2004

48
49   Mr. Carr stated the change was approximately a .6 reduction in spaces per residential unit, and since
50   this was a special condition residential situation, he didn’t have a problem with the change.
51
52
53   BUSINESS
54
55   Community Justice Center Report – Christine Packard
56
57   Christine Packard stated that last time she appeared before the Board was June 2003 when she
58   asked for Board approval for a grant to start the Community Justice Center in Essex. Since that
59   time they were awarded a $5,000. She referred to a report titled “Essex Community Justice Center
60   Report, November 25, 2003 through September 30, 2004.” She was the basic paid staff member
61   and Planning Director. The Community Justice Center has implemented a pre-charge referral from
62   the Police Department and recently implemented a juvenile pre-charge program. The juvenile
63   program came about when a program in Burlington called “Just Youth” closed and Kurt Miglinis of
64   the Essex Police Department asked if it the Community Justice Center could develop something for
65   these youths, so last summer they developed a program that dealt with juveniles between the age
66   10-15 who are sent to the Community Justice Center by the Police Department rather than sending
67   them through the court system. They had been doing that with adults ages 15 and older and now
68   they are including juveniles down to age 10.
69
70   Recently, Corporal Miglinis and Chief Demag have asked that the Community Justice Center try to
71   implement a mediation/community conversation program with the High School. Here, they could
72   work out community problems and attend to youth that haven’t quite reached the point to be
73   charged. If these individuals could be referred to a mediation program, a lot of the problems just
74   waiting to boil over would be minimized.
75
76   Ms. Packard stated there was a lot of public volunteer interest in the Reparative Board. The
77   problem is they don’t have enough meetings and defenders to accommodate everyone, which is a
78   good thing.
79
80   The $5,000 grant was received in November 2003, and they still have about $2,000 left. They have
81   reapplied and the State approved another $5,000. There is also more money available if requested.
82   Ms. Packard listed the Advisory Board Members as Chief Demag, Corporal Miglinis and Patrick
83   Scheidel. She did meet with them about one month ago and talked about the direction the program
84   was headed and what they would like to see done in the Community.
85
86   Ms. Packard stated the one thing the Community Justice Center doesn’t have is a space. Currently,
87   the work for the Justice Center is done from the volunteer’s home. She has a phone in her home and
88   works out of her office. She was a little disappointed that they were making slow but steady
89   progress.
90
91   Mr. Nye asked what expenses were for the Community Justice Center. Ms. Packard replied
92   expenses were almost nil. Most of the money pays for her time to direct the program and she gets
     Draft                                            2
      ESSEX SELECTBOARD                                                            December 20, 2004

 93   paid $20 per hour. Office expenses were $662.54 and advertising was $195. This includes mailing
 94   expenses, a Post Office Box, a cell-phone and some advertising.
 95
 96   Mr. Nye asked if her disappointment with the progress of the Program was because of the lack of
 97   participants in the program. Ms. Packard believed it was. She could generate a lot of interest in the
 98   Reparative Board and the Mediation program, but it was difficult finding people to establish a
 99   Community Justice Center and get it up and running. She believed there was no galvanizing issue
100   that has brought people together to think that the need is there. She also believed that if the
101   Community didn’t feel it was necessary, it should be there. Ultimately, the possibilities that we
102   have for doing things in the community would slowly come to the surface and people would realize
103   what the Justice Center could do. She wasn’t trying to make something exist that doesn’t have a
104   reason to be there.
105
106   Ms. Myers stated that the Community Justice centers in Burlington and Winooski were thriving and
107   wondered why. Ms. Packard felt Burlington and Winooski had more of a town center, and services
108   that are needed for Community Justice Centers are within the communities. A lot of the services
109   Essex uses do not belong to Essex but are located elsewhere. Essex is also more of a suburban
110   community rather than a town or village. Burlington has five different Reparative Boards and was
111   funded by the City and a lot of the services they provide is what the government is providing. It’s
112   not the same type of community as Essex. She noted that it would be difficult to decide where to
113   place a Community Justice Center in a community like Essex that has no Center.
114
115   Mr. James asked how many people actually sit on the Board and the location of the meetings. Ms.
116   Packard responded that they have between 3-5 Board Members at each meeting and are currently
117   meeting on the second floor of the First Congregational Church. They have met at the Essex Free
118   Library, Brownell Library, the Fire Station and the meeting room of the Village offices. They have
119   not been charged for use of those areas.
120
121   Mr. James thanked Ms. Packard for the update and the service that the Community Justice Center
122   provides the community.
123
124   Letter to Grants Administrator of Dept. of Forest and Parks regarding Recreation Trails
125   Grant
126
127   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION THAT
128   THE SELECTBOARD APPROVE THE APPLICATION FOR A RECREATION TRAILS
129   GRANT TO CREATE AND PUBLISH A TRAILS GUIDE FOR THE TOWN. THE
130   MOTION PASSED 5-0.
131
132   Disposal of Surplus Property
133
134   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION THAT THE
135   SELECTBOARD DECLARE THE FOLDING THEATRE CHAIRS COSTING $95 PER
136   MONTH TO STORE, AS SURPLUS PROPERTY FOR THE PURPOSE OF SALE,
137   DONATION OR OTHER DISPOSAL AND ALSO INCLUDING THE CHAIR IN THE
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      ESSEX SELECTBOARD                                                           December 20, 2004

138   MEETING ROOM THAT HAS A SIGN SAYING ‘BROKEN’. THE MOTION PASSED 5-0.
139
140   Street Name for the Wedgewood Development
141
142   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION THAT
143   THE SELECTBOARD APPROVE THE PROPOSED STREET NAME “OVERLOOK
144   TERRACE” FOR THE KOLVOORD SUBDIVISION OFF RIVER ROAD.
145
146   Mr. Nye wanted to know the location of the road since the plan was only showing the four lots. Mr.
147   Scheidel wasn’t aware of the location of the road. Mr. Nye stated he went out to the location and
148   couldn’t figure out where the road would go. Even though the Board was only approving a name
149   for the road, he though it would be necessary to know the location also.
150
151   THE MOTION PASSED 4-1 (Nye opposed). Mr. Nye stated he opposed the motion because of
152   the process and not because of the name of the road. This is the first time he’s seen a road come in
153   without a decent plan and he wanted to know where the road would be placed.
154
155   Street Name for Public Street through Wad Development
156
157   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION THAT
158   THE SELECTBOARD APPROVE THE STREET NAME OF “BROOKWOOD HEIGHTS”
159   FOR THE PUBLIC STREET BETWEEN THE WAD DEVELOPMENT PROPERTY AND
160   THE PIZZAGALLI PROPERTY OF 41 RIVER ROAD.
161
162   Ms. Myers stated that as she understood, the development hadn’t been firmed up entirely with
163   approvals. She wondered why the Town was assigning a name to the street. Mr. Durfee explained
164   that in order for the Pizzagalli development housing proposal to be completed, there was a public
165   right of way through the WAD development that had to be firmed up as a public street.
166
167   THE MOTION PASSED 5-0.
168
169   VLCT Amicus Filing
170
171   Mr. Scheidel explained the issue that was originally proposed to be discussed was whether or not
172   the Selectboard would allow him to forward a letter to request that the VLCT Board include the
173   Town in its amicus filing. The VLCT Board met before this Selectboard meeting and supported the
174   request so the item is moot at this point. Mr. James asked if the Selectboard should vote on the
175   issue to show their endorsement. Mr. Scheidel answered a vote of endorsement would suffice, and
176   a letter to endorse the process was not needed. He talked to Steve Jeffrey who stated that a letter
177   would not need to be sent.
178
179   ALAN NYE MOVED AND LINDA MYERS SECONDED A MOTION THAT THE
180   SELECTBOARD SUPPORT VLCT EFFORTS IN THE AMICUS CURIAE BRIEF TO THE
181   SUPREME COURT. THE MOTION PASSED 5-0.
182
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      ESSEX SELECTBOARD                                                             December 20, 2004

183   CCTA Budget Presentation
184
185   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO AMEND
186   THE AGENDA AND TAKE UP THE CCTA BUDGET PRESENTATION LATER IN THE
187   EVENING. THE MOTION PASSED 5-0.
188
189   Approval of Zoning Amendments
190
191   ALAN NYE MOVED AND JEFFREY B. CARR SECONDED A MOTION THAT THE
192   SELECTBOARD ADOPT THE PROPOSED ZONING AMENDMENTS AS PROPOSED IN
193   A MEMO FROM HERBERT DURFEE DATED DECEMBER 16, 2004 WITH TWO
194   CHANGES – ONE THAT THE DENSITY LEVELS IN SECTIONS 13.3 AND 22.4
195   REFLECT A MAXIMUM RESIDENTIAL DENSITY OF 25 UNITS PER ACRE AND THAT
196   THE TABLE THAT DEALS WITH PARKING HAVE AN ADDITIONAL ITEM ADDED
197   OF 1.67 PARKING SPACES PER UNIT TO DEAL WITH CONGREGATE HOUSING AND
198   1-2 BEDROOM MULTIPLE FAMILY DWELLING UNITS AS IDENTIFIED IN
199   SECTIONS 13.3 AND 22.4.
200
201   Mr. Carr felt that having 2.3 parking spaces allotted for a 1-2 bedroom unit was excessive.
202
203   THE MOTION PASSED 5-0.
204
205   Budget Presentation
206
207   Mr. Scheidel stated that the numbers in the budget reflect the numbers they need to meet the
208   increasing demand in service taking the lowest possible course. He explained that staff also found a
209   permanent home in the budget for Stormwater Regulations, which represented an expense of
210   $145,000 this year. Overall, the budget is up $595,000 or 7.8%. Salaries are budgeted between
211   3.5 - 4%. Senior Buses, highway vehicles, insurance and park vehicles are items that have operating
212   expenses beyond the routine. Revenues are projected to be slightly less than last year’s level
213   because the increase in filing fees is tapering off as the real estate market tapers off. IBM will be
214   paying $97,000 less this year and each year until they get down to $0. The 1.8% grand list growth
215   will generate $112,000 in tax revenue and will barely cover the $97,000 lost in the agreement with
216   IBM. The Capital Budget will be put together in the January meetings. Those capital items and
217   maintenance items are quite expensive.
218
219   Mr. Scheidel reported the schedule for budget meetings being January 3, 4 and 10th.
220
221   Mr. James stated that the Selectboard had discussed potential for a stormwater utility and felt that as
222   the Board went through the process, that some sort of direction or expectation be considered.
223
224
225
226   Discussion of Building Space
227
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      ESSEX SELECTBOARD                                                           December 20, 2004

228   ALAN NYE MOVED AND JEFFREY B. CARR SECONDED A MOTION TO AMEND THE
229   AGENDA TO DISCUSS BUILDING SPACE AFTER THE EXECUTIVE SESSION. THE
230   MOTION PASSED 5-0.
231
232   Arbor Day Proclamation
233
234   ALAN NYE MOVED AND THOMAS TORTI SECONDED A MOTION THAT THE
235   SELECTBOARD ADOPT THE ATTACHED “ARBOR DAY PROCLAMATION” FOR
236   THE FIRST SATURDAY IN MAY IN THE TOWN OF ESSEX AND PLAN TO
237   COORDINATE THE FESTIVITIES WITH THE TOWN’S GREEN UP DAY
238   CELEBRATION. THIS PROCLAMATION DOES NOT MEAN THE SELECTBOARD
239   SUPPORTS THE DESIGNATION OF ESSEX AS TREE CITY USA.
240
241   Mr. Scheidel believed that the consequence of the “Arbor Day Proclamation” is better to be
242   discussed during normal budget deliberations. There are some concepts staff would like to support,
243   but voting for it now might place the Selectboard in the position of supporting something without
244   funding it.
245
246   Mr. Nye explained that the State of Vermont celebrates Arbor Day on the first Saturday in May and
247   he didn’t have a problem celebrating it, but it didn’t mean that he would support any declaration of
248   Essex being Tree City USA. Mr. Durfee reported that if the Town opts to consider a Tree City
249   USA designation, this Proclamation would help to bolster any such designation.
250
251   THE MOTION PASSED 5-0.
252
253   Minutes of December 6, 2004
254
255   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
256   APPROVE THE MINUTES OF DECEMBER 6, 2004 WITH THE FOLLOWING
257   CORRECTIONS: Line 41: replace “property” with “proper”. Line 108: replace “however it
258   concludes” with “whatever the outcome” and replace “when” with “if”. Line 146: Replace
259   “Selectboard meeting” with “Planning Commission meeting”. Line 172: replace “there” with
260   “here”. Line 218: replace “Acts resolved” with “Acts and Resolves”. Line 471: after “money”
261   insert “from the Circ. legal decision”. Line 472: replace “the earmark for these funds” with “the
262   Rt. 15 Corridor Study earmark funds”. Line 476: Replace “follow-up” with “follow-on”. Line
263   477: after “release of the” insert “earmark”.
264
265   THE MOTION PASSED 5-0.
266
267   CCTA Budget Presentation – Chris Cole
268
269   JEFFREY B. CARR MOVED AND LINDA MYERS SECONDED A MOTION TO AMEND
270   THE AGENDA TO TAKE UP THE CCTA BUDGET PRESENTATION WHEN MR. COLE
271   ARRIVES OR AFTER EXECUTIVE SESSION. THE MOTION PASSED 5-0.
272
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      ESSEX SELECTBOARD                                                           December 20, 2004

273   CONSENT AGENDA
274
275   JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A MOTION TO
276   ACCEPT THE CONSENT AGENDA WITH SELECTBOARD COMMENTS.
277
278   Abstract Warrant Journals 12/9/2004
279   Mr. Nye felt the Board should schedule a budget meeting for the cemetery budget and consider
280   whether the fees being charged for the lots are generating enough money to purchase another parcel
281   of land for a long-range development plan for a cemetery. Mr. James felt that this could be kept in
282   mind as they begin discussions on the budget.
283
284   Lang Farm Land Use Permit Amendment
285   Invitation to Farewell Party
286   Legislative Breakfast Information Brochure.
287
288   Minutes
289   Planning Commission 10/18/04
290   CCTA 11/17 & 12/1/04
291   CCMPO 11/17/04
292
293   Letters
294   To CCMPO from VTrans regarding Route 15 Burlington to Essex Corridor
295   Mr. Carr reported that it looked like some of the funds earmarked for the Rt. 15 Burlington to Essex
296   Corridor may get restored after all. There were still some up-in-the-air issues with respect to
297   whether or not earmark funds would be used to compensate the CCMPO staff oversight. One issue
298   the MPO and he were concerned about was the remaining $160,000 still on the table to be
299   earmarked. He would continue to fight for that. It looked like they could get some of the work done
300   that they were planning be done over the course of the next year, which will enable them to hire a
301   consultant to do follow-on work. He’s still worried that the sum of money not dedicated to the
302   corridor, but which the MPO had an opportunity to make a case to be extended, may be lost.
303   Responding to Mr. James question, Mr. Carr believed that VTrans realized they didn’t act fairly on
304   the issue as it was part of the work plan for MPO, and that they would have preferred to take all the
305   money but realized it would look like they went back on the contract they signed with the MPO.
306   That was why Mr. Carr was concerned for the other $160,000, because it wasn’t obligated through
307   the annual work plan of the MPO. That was something MPO had to make a case for, and he’s
308   afraid they lost the opportunity to make a case for that $160,000.
309
310   The other issue from MPO is the MTP (Metropolitan Transportation Plan). They had a meeting last
311   Wednesday and had a deadline of December 8, 2004 for major issues, and in working with Town
312   Staff, found there were no major issues within the Circ. There were some statements that weren’t
313   supportive of the Circ., which Colchester brought up, and were deleted out of the plan by Board
314   action. The next deadline is the January 7, 2004 for the Town to make any formal comments. The
315   Town could choose to send in a formal comment or give comments to him and he would voice them
316   during the next Board meeting. He suggested that if Board members or staff had any concerns
317   regarding the language, they could contact him with written comments and he would be sure to
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      ESSEX SELECTBOARD                                                          December 20, 2004

318   bring them up during the mark-up of the plan. He suggested that the Selectboard consider having a
319   resolution to support the MTP at some point before the MPO goes to mark-up. The MPO has asked
320   Boards to consider approving the MTP if they wish to make comments. The MPO plans to approve
321   the MTP in January or February and start over again in March.
322
323   To Brooks Pharmacy from Vt. Dept. of Liquor Control regarding offense
324   To CCMPO from Town of Colchester Selectboard regarding draft MTP
325   To Planning Commission from Ken Petrie regarding Susie Wilson Road Area
326   To Owen Jenkins and Patrick Scheidel from Planning Commission regarding Sketch Plan
327         Approval
328   To Owen Jenkins and Patrick Scheidel from Herb Durfee regarding incomplete Application
329   To Bruce Post from Tom James regarding Birchwood Land Company
330   To K & M Billado from Pat Scheidel regarding Sewer Waiver Request
331   To Mary Post from Pat Scheidel regarding Town being a Co-Applicant on Projects
332
333   Memos
334   From M. L. Joshi to Tom James regarding opposition to the Zone R-1 Housing Development
335   Mr. Torti noticed the Board was beginning to get letters on the proposed swap of industrial sewer
336   core for the residential development sewer core that would affect the Essex Alliance Church on Old
337   Stage Road. He questioned if anyone was keeping a tally of the comments and who’s sending them
338   in. Mr. Scheidel responded that staff started to keep track of those letters on November 15, 2004.
339   He believed that sometime in the future, the Board was going to have discussion on sewer core
340   ordinances from the standpoint of the core and of capacity. Mr. James believed the concept for that
341   meeting was to take all the input and have discussion. Responding to Mr. Scheidel’s question, Mr.
342   James was considering that the meeting occur after the budget. Torti agreed that to have a meeting
343   during the budget process wouldn’t give the time necessary since there seems to be some strong
344   views on both sides. Mr. Scheidel suggested that they schedule a meeting for sometime in
345   February.
346
347   From David Demag to Pat Scheidel regarding dog bite
348   To Selectboard from Herb Durfee regarding Tree City USA Designation
349
350   THE MOTION PASSED 5-0.
351
352
353   EXECUTIVE SESSION
354
355   AT 8:30 P.M. JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO
356   ENTER EXECUTIVE SESSION TO DISCUSS PERSONNEL, CONTRACTS AND
357   LITIGATION TO INCLUDE THE TOWN MANAGER. THE PREMATURE PUBLIC
358   KNOWLEDGE OF THE ISSUES TO BE DISCUSSED IN THE EXECUTIVE SESSION
359   WOULD PLACE THE MUNICIPALITY AT A SUBSTANTIAL DISADVANTAGE.
360   THE MOTION PASSED 5-0.
361
362   AT 8:40 P.M. JEFFREY B. CARR MOVED AND ALAN NYE SECONDED A MOTION TO
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      ESSEX SELECTBOARD                                                              December 20, 2004

363   SUSPEND EXECUTIVE SESSION TO TAKE UP THE CCTA BUDGET PRESENTATION.
364   THE MOTION PASSED 5-0.
365
366   BUSINESS (Continued)
367
368   CCTA Budget Presentation – Chris Cole
369
370   Mr. Cole stated this was the most difficult budget he’s had to put together for CCTA. They had
371   done some creative things in the past two-years to keep the property taxes level-funded. This year
372   they’ve had to institute a $.25 cent fair increase to fill the hole in the budget. They are estimating a
373   3% increase in rider ship, which was very conservative since last year it went up 8.5% and this year
374   they are on target for 7.2%. Since they’ve raised the fair $.25 cents he believed they would lose
375   about 4% of their rider ship. That would leave a 3% increase in rider ship, which he felt was a good
376   number.
377
378   There was an increase in fixed route assessment in all CCTA member communities by 3%. For
379   Essex, that was a $4,000 increase with a $244.00 credit on the bond. The paratransit for Essex went
380   up slightly, 9% or $3,725, which brought the total assessment increase for Essex to a 4.15%
381   increase or $7,496.
382
383   On the expense side, CCTA was putting in almost 100% of their Federal formula money. There
384   isn’t enough capital money now because for the last four years, in order to stave off property tax
385   increases in member municipalities CCTA has been increasing the Federal formula number. They
386   are no longer in the position to replace what they need.
387
388   The Purchase of Service number of $1,603,365 also included Medicaid and the $278,000 that
389   CCTA generates from being management consultants for other transit systems.
390
391   Payroll wages showed a 10% increase. They were hiring a new individual for planning and
392   investing money into staff, which would result in hiring fewer consultants.
393
394   Mr. Cole stated the budget presented assumed the Williston service wouldn’t be there. The
395   Williston service charges a fully allocated rate against the grant so the agency as a whole is loosing
396   about $50,000 just in administrative overhead.
397
398   Line 22 of expenses shows revenue vehicle operation about $200,000 less because they will have to
399   lay off or terminate four drivers because of the Williston service. Overtime also goes down.
400   Vehicle repair is up in part because they were paying for the repair of the busses with an outside
401   contractor, which was costing about $70,000 a year. They have hired a body man to do bodywork
402   in-house which costs about $35,000 and that money previously came out of the capital budget and
403   now appears in the operating budget. They also have a mechanic that works for CCTA who was
404   previously paid from other budgets but now shows under repair.
405
406   Legal Fees were up slightly and Administrative Expenses/Supplies were reduced by 35% over the
407   ’04 actual. Employee development was down 31% over the ’04 actual. The increase in the ’05
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      ESSEX SELECTBOARD                                                            December 20, 2004

408   budget was for mechanics.
409
410   Under Employee Benefits, Prescription Reimbursement went down by $8,000 due to recent contract
411   negotiations, while other benefits went up because of the contract negotiations.
412
413   Accounting fees have gone up because they have had to hire a new accountant. He felt that having
414   a new accountant was a good thing even though the fees went up.
415
416   MPO Planning had budgeted $114,000 in ’04 for planning consultant services and in ’05, $150,000
417   was budgeted. In ’06 it will be reduced to $53,000. The decrease is due a decrease in payroll.
418
419   Insurance Premiums for general automobiles went down about $100,000 but the workers
420   compensation went up $100,000. Mr. Carr felt that the Insurance premiums went up sizably
421   considering there was no Williston Route. Mr. Cole replied that they expected the premiums to go
422   down but three weeks ago they found out Workman’s Compensation had doubled. They were
423   paying $109,000 annually in premiums and it went up $90,000 in one year. The average age of
424   their bus drivers is 50 and there is a lot of repetitive motion required in the job, which is a real
425   challenge. They had one driver who was out two years and they just terminated him because his
426   two years were up.
427
428   Mr. James noted that the $300,000 increase listed in employee benefits was mostly in medical
429   benefits. Mr. Cole replied that there was 15% increase in ’05 and ’06. In contract negotiations they
430   were unable to get movement getting everyone to pay the same premium. The beginning drivers
431   now pay 20% of their premiums.
432
433   Fuel Revenue went up 35% and they have no control over that increase. They budgeted $1.41 per
434   gallon for ’06 compared with the $.90 cents budgeted in ’05.
435
436   Tool Allowance was a contracted item where each mechanic gets $600 to buy tools. Mr. Nye asked
437   if mechanics just kept buying $600 in tools every year. Mr. Cole replied they did, but they spend
438   more than that on their own for their own tools because it was their profession. The mechanics also
439   had a choice of CCTA insuring their toolbox or insuring them on their own. Since mechanics chose
440   to insure their own, they are responsible if tools are lost or stolen. It would cost CCTA much more
441   to insure the mechanic’s toolbox than to give them the $600.
442
443   ADA/SSTA was increasing and that was assuming 30,000 rides and also assuming SSTA would be
444   increasing their rates.
445
446   Cleaning, Light, Heat and Water were up 22%. They were in the process of finishing off a second
447   story for additional staffing. They were hoping that they would have some additional space to lease
448   so they might have additional revenue coming in.
449
450   Parts (Rev Vehicles) on line 124 had $112,000 in ’04 and $145,000 in ’05. They were budgeting
451   $157,000 in ’06 because the fleet was getting older and they had no busses under warrantee. In
452   transit, busses should be bought at least every other year so there are busses that are under
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      ESSEX SELECTBOARD                                                              December 20, 2004

453   warrantee. This keeps future operating costs down.
454
455   Marketing was up $20,000 and directly related to the marketing of the commuter services for
456   Montpelier to Burlington, Middlebury to Burlington and St. Albans to Burlington.
457
458   Looking at the budget from a ’06 budget to what audited actuals were, there was a 5.8% increase.
459   They would have to adjust the budget in ’05 to reflect this.
460
461   Mr. Scheidel asked if it was absolutely true that Williston was out of the picture. Mr. Cole stated
462   that what he presented to Williston was a way to keep the service. The State received a $1,000,000
463   earmark and CCTA received an earmark in the past for the Williston service. Last year the State of
464   Vermont didn’t get one, but CCTA did so while the rest of the routes in the State were in jeopardy,
465   Williston chugged along. This year the rest of the State got the earmark but CCTA didn’t so
466   Williston is jeopardy. At the end of FY ’05, the State will have enough money to pay for the ’06
467   services statewide and still have $130,000 left over. They have already budgeted the $206,000 at a
468   State match so all they need to come up with is the $130,000 and that’s what he pitched to Williston
469   tonight. He told them that they got free service for three years and with the amount of commercial
470   development and people moving into the community, they really ought to join CCTA. They
471   couldn’t go anyplace in the state and see that much activity going on in a community that was not
472   served by public transportation. It would cost them about $167,000, which would put them in the
473   same ballpark as everyone else. It would be good for the agency to have the Williston service
474   because it is the fastest growing service in rider ship. There was 29% rider ship growth last year
475   and 23% the year before that. It serves Essex and So. Burlington residents going to Williston
476   without having to go into Burlington to transfer.
477
478   Mr. James asked if there was income generated from the extended services to Montpelier,
479   Middlebury and St. Albans. Mr. Cole stated they receive $278,000 from managing those
480   properties. The cost of that service is paid for by a Federal Grant and the fairs that people pay for
481   using the service. It’s a service that the State of Vermont supports and it’s a high-profile service for
482   public transportation. The other benefit it provides even though it creates a potential future-funding
483   problem for the State of Vermont, is that when the project is over in three years, there will be a very
484   popular service. The State will have to find a way to pay for the service once the three years is up.
485   It’s a regional service and there is no way the Essex, Burlington, So. Burlington, etc. would support
486   that service financially. CCTA knew that going into the project and realized it would create a
487   problem for the State of Vermont in FY ’07. The State would either give CCTA the money to
488   continue operating the service at a100% share, or they would have to pull the plug and have a lot of
489   unhappy people.
490
491   Mr. James noted that the major impact to the community was the fact of wear and tear on those
492   buses. Mr. Cole stated CCTA purchased vehicles from California with the grant they received the
493   second year. The vehicles cost $8,000 and were shipped here. They placed $12,000 in each one
494   installing some auxiliary heaters and insulating them better. Those busses would be used up in 3-5
495   years. They purposely didn’t go out and spend capital dollars meant for fleet replacement for this
496   community and the other CCTA communities for that service. They spent as little money as
497   possible.
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      ESSEX SELECTBOARD                                                            December 20, 2004

498
499   Mr. Nye stated that in the past the Town was able to obtain busses from CCTA that could be used
500   for senior services. He asked how that program worked and if it was still available. Mr. Cole
501   replied that service pre-dated his time there, but he believed it came through the MPO from Federal
502   Highway money for senior transportation. Essex would make the 20% match because it’s an 80% -
503   20% match. Mr. James stated that the Town had two senior busses that might need replacing and
504   asked if the Town would go through MPO to do it. Mr. Cole felt it would be easy enough to do
505   and he could work with Mr. Carr to price it out and put forth the request to the MPO. The only
506   thing the Town has to satisfy is that the vehicles utilized their useful life. Mr. Cole asked when the
507   Selectboard would need to replace the vehicle. Mr. Nye believed it would be next fall and it would
508   be important to stress to the MPO that the Town was taking a lot of people a lot of places. Mr. Cole
509   believed the Town could do it cheaper than CCTA or SSTA. Mr. Carr stated that it also pre-dated
510   his time on the MPO Board. Mr. Cole explained that CCTA would still ask the Town to pay a
511   $1.00 because the Town can’t own the vehicle. It’s Federal Transit money and CCTA has to own
512   the vehicle and make sure the maintenance is being done properly. There would also be the 20%
513   match required from the Town.
514
515   Mr. Carr thanked Mr. Cole for his working with Williston to try to get them to be a part of CCTA.
516   He believed that their reason for not wanting the service was because it wasn’t serving Williston
517   residents, but he noted it was enabling them to operate the retail establishments, which was giving
518   them 9.6-cent tax revenue. Mr. Cole stated that he did mention to Williston that if they used the
519   money to support some type of regional service, the State might look more favorably upon letting
520   them continue the tax when it comes due to end.
521
522   Mr. James asked if there was anything Essex could do to relating to Colchester. Mr. Cole stated
523   their was something the Town could do from a leverage point of view to help Essex. Every year
524   there is money that goes in the MPO tip of $7,000 for preventative maintenance for CCTA. In
525   January, they could invite the MPO representative from Essex and Selectboard Chair from Essex to
526   attend the Board meeting so they could make a presentation to them. The money put into the
527   preventative maintenance program every year kept property taxes flat. Without that money, they
528   are using all the Federal formula money. That is money they are allowed to get and the MPO was
529   making the decision, yet the Governor and the Legislature weren’t putting it in. What he would like
530   to see is that the MPO and CCTA member communities speak stating they are entitled to that
531   funding. Mr. Cole stated this issue would be discussed at the CCTA Selectboard meeting to be held
532   the last Wednesday in January 2005. The five CCTA member communities with the weight of
533   voting at the MPO have the ability to keep their property taxes from going up by driving more
534   money to transit. The communities made that conscious decision and the MPO Board voted it in,
535   but VTrans didn’t put the money in. How to get Colchester in was a good question. Mr. Nye noted
536   that Saint Michael’s wanted play in the community by accessing the trails and the highway. He felt
537   Saint Michael’s was the place to begin since they use bus transit for the students. Mr. Cole felt if
538   Colchester didn’t willingly go on board it might take a power play to force the issue. CCTA
539   increased Colchester’s ADA this year and will see if they pay it. The Board has also talked about
540   sending them an assessment each year.
541
542   Mr. James thanked Mr. Cole for the presentation.
      Draft                                            12
      ESSEX SELECTBOARD                                       December 20, 2004

543
544
545   AT 9:40 P.M. JEFFREY B. CARR MOVED AND THOMAS TORTI SECONDED A
546   MOTION TO ENTER EXECUTIVE SESSION TO DISCUSS PERSONNEL, CONTRACTS
547   AND LITIGATION TO INCLUDE THE TOWN MANAGER. THE PREMATURE PUBLIC
548   KNOWLEDGE OF THE ISSUES TO BE DISCUSSED IN THE EXECUTIVE SESSION
549   WOULD PLACE THE MUNICIPALITY AT A SUBSTANTIAL DISADVANTAGE.
550   THE MOTION PASSED 5-0.
551
552   At 10:40 P.M. THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A
553   MOTION TO EXIT EXECUTIVE SESSION. THE MOTION PASSED 5-0.
554
555   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION TO
556   ADOPT THE AMENDMENTS TO THE PERSONNEL GUIDELINES AS PREPARED BY
557   THE TOWN ATTORNEY’S MEMO DATED NOVEMBER 30, 2004 AND AS ALTERED
558   BY THE SELECTBOARD (SECTION 12C MILITARY LEAVE). THE MOTION PASSED
559   5-0.
560
561   THOMAS TORTI MOVED AND JEFFREY B. CARR SECONDED A MOTION TO
562   INVITE THE ESSEX JUNCTION TRUSTEES TO MEET WITH THE SELECTBOARD TO
563   DISCUSS THE POSSIBLITIY OF A STRAW VOTE ON THE ISSUE OF MERGER. THE
564   MOTION PASSED 5-0.
565
566   AT 10:43 P.M., ALAN NYE MOVED AND THOMAS TORTI SECONDED A MOTION TO
567   ADJOURN. THE MOTION PASSED 5-0.
568
569
570
571
572
573   Respectfully submitted,
574   June M. Campbell
575
576   June M. Campbell
577   Recording Secretary
578
579   Approved this _______________ day of _________, 2004.
580
581   (See minutes of this date for corrections, if any).
582
583   _______________________________
584   Thomas W. Torti, Clerk, Selectboard
585
586   (THESE MINUTES ARE SUBJECT TO CHANGE AT THE NEXT SELECTBOARD MEETING)

      Draft                                             13

				
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