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minutes

July 2012

DRAFT
TOWN OF SHELBURNE

SELECTBOARD

MINUTES OF MEETING

July 3, 2012
 
MEMBERS PRESENT:        Bill Smith (Chairman); Tim Pudvar, Robert Roesler, Gary von Stange and Al Gobeille.
ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Finance Director
OTHERS PRESENT:           Brian Pfina, Lisa Kingsbury and Josh Klein
 

1.         CALL TO ORDER
Chairman Bill Smith called the meeting to order at 7:45 AM.
 
2.         APPROVAL OF AGENDA
There were no changes to the agenda
 
3.         CITIZEN PARTICIPATION
Josh Klein spoke to the Board regarding an incident that occurred on the evening of July 2 on Olde Orchard Lane. When he was walking his dog a neighbor’s dog came off their property and attacked his dog getting the dog in a bite hold. He stated that a similar incident occurred 2-3 years ago. Mr. Klein stated that he did not believe that the Ordinance was strong enough when dealing with a vicious dog attacking another dog. He also stated that the current Ordinance allows the history of incidents to enter into the fine schedule for one year and then resets to 0.
 
Lisa Kingsbury witnessed the incident and is now afraid to allow her children out alone.
She agreed that the Ordinance needed to be strengthened and had visited web sites of other Towns in Vermont to review their Ordinances and thought that others were stronger in certain instances than Shelburne’s.
 
Brian Pfina stated that this was a reoccurring situation with the dog being kept at an apartment at the corner of Olde Orchard and Juniper Drive. Mr. Pfina wanted to know when this will be taken care of since the dog is still in the neighborhood. Mr. Bohne assured Mr. Pfina that the issue would be investigated as soon as possible.
 
Mr. Smith thanked the parties for coming to the meeting and assured them that the Board will have this issue as an agenda item in the near future.
 
4.         CONSIDER SETTING THE TAX RATE FOR THE 2012-2013 FISCAL YEAR
Mr. Frankenburg provided the Board with an explanation of the process for setting the tax rate and the numbers that are used. He informed the Board that the proposed rate was slightly lower than estimated in January and gave praise to the good work of the Municipal Assessor, Ted Nelson, and Administrative assistant Elaine Eno in estimating the Grand List.
 
Continued Next Page
Page 2 / Selectboard Minutes / 7/3/12
 
MOTION by Robert Roesler, SECOND by Tim Pudvar, to set the Homestead Tax Rate at $1.6783, the Non-Residential Tax Rate at $1.7363 and the Beaver Creek Special Assessment at $1,791.26.VOTING: UNANIMOUS (5-0); Motion carried.
 
MOTION by Robert Roesler, SECOND by Tim Pudvar, to adjourn the meeting. VOTING: unanimous (5-0); motion carried.
 
The meeting adjourned at 8:10 AM.
 
 
Respectfully submitted,
 
 
Paul W. Bohne III
Town Manager
 
Accepted,
 
 
For the Shelburne Selectboard
 
 

MINUTES SUBJECT TO CORRECTION BY THE SHELBURNE SELECTBOARD. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE BOARD.

TOWN OF SHELBURNE

SELECTBOARD

MINUTES OF MEETING

July 10, 2012
 
MEMBERS PRESENT:        Bill Smith (Chairman); Tim Pudvar, Gary von Stange, Robert Roesler, Al Gobeille.
ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Finance Director; Dean Pierce, Town Planner.
OTHERS PRESENT:           Katherine Stockman, Rad Romeyn, Mike Lynch, Tim Loucks,  Jill Bennett, Anna Palmer, Dick Elkins, Nancy Goodrich, Brian Precourt, Tucker Holland, Toni Supple, Mark Sammut, Gwen Webster, Dorothea Penar, David Webster, Todd Whitaker, Sean McFaden, Jim Brangan, Marcos Llona, Michael Buscher, T.J. Boyle and Associates; Margo Livingston (Shelburne News).
 

1.         CALL TO ORDER
Chairman, Bill Smith, called the meeting to order at 7 PM.
 
2.         APPROVAL OF AGENDA
There were no changes to the agenda.
 
3.         APPROVAL OF MINUTES
June 26, 2012
MOTION by Gary von Stange, SECOND by Tim Pudvar, to approve the minutes of June 26, 2012 as written. VOTING: unanimous (5-0); motion carried.
 
July 3, 2012
MOTION by Robert Roesler, SECOND by Al Gobeille, to approve the minutes of July 3, 2012 with the following correction(s)/clarification(s):
Page 4, Item #4, 2nd sentence – clarify that it is the municipal rate that is slightly lower than estimated.
VOTING: unanimous (5-0); motion carried.
 
4.         CITIZEN PARTICIPATION
Zoning Enforcement
Tim Loucks, Shelburne resident, reported the business at 2659 Shelburne Road (Shelburne Beverage) which was issued a Notice of Violation in August 2011 still has not complied. Aggressive enforcement of the zoning bylaws is needed. One option may be to not renew the liquor license. Paul Bohne stated there is only one remaining item (a sign) out of compliance at 2659 Shelburne Road and the business owner has been contacted and told to remove the sign. The town is prepared to ask the Selectboard for permission to pursue the matter in court if necessary.
 
Wake Robin Comments on Transportation Services
Bill Smith read a letter from Allie Stickney (Wake Robin President and CEO) and Nancy Goodrich (President of the Wake Robin Association) regarding transportation services. The letter notes Wake Robin owns several vehicles, employs three drivers, and charges fees for rides. SSTA services are used by approximately 17 of the 335 Wake Robin residents for an average of two rides per week.  Wake Robin residents volunteer in the community and pay taxes. Invitation was made by Ms. Stickney and Ms. Goodrich to offer further information and knowledge about Wake Robin and the residents who live there.
 
Gary von Stange affirmed his prior statements which were made within the context of premium services that CCTA offered.  Mr. von Stange said the letter did not address this and he finds the letter slightly disingenuous.
 
5.         ANNOUNCEMENTS
v Dedication ceremony for the first section of the Webster Road path was held prior to the Selectboard meeting. The path is a great addition to the town and to the safety of children riding bikes to school.
 
6.         MANAGER’S REPORT
Town Manager, Paul Bohne, reported on the following:
  • Line striping on Webster Road path is being finished presently.
 
7.         OLD BUSINESS
Approve Action by the Town of Shelburne to Pursue Enforcement of a Violation of the Zoning Bylaws by Marcos Llona at 141 Pinehurst Drive by Filing a Complaint in Superior Court
Tim Pudvar recused himself as he is a neighbor of Marcos Llona. Bill Smith briefly reviewed the dispute between Mr. Llona and the town regarding the amount of fill allowed on the property at 141 Pinehurst Drive and a plan to mitigate potential run off into Monroe Brook.
 
MOTION by Al Gobeille, SECOND by Robert Roesler, to approve action by the Town of Shelburne to pursue enforcement of a violation of the zoning bylaws by Marcos Llona at 141 Pinehurst Drive by filing a complaint in Superior Court.
DISCUSSION: Gary von Stage pointed out this is not a substantive decision, but rather a procedural decision based on a written violation, due process being afforded, and the individual being given the opportunity to appeal to the Development Review Board. This action gives the town the opportunity to seek a remedy when the violation has not been cured. There was discussion of providing Mr. Llona with some time to develop a plan to handle potential run off.
AMENDMENT by Al Gobeille, SECOND by Robert Roesler, to provide the opportunity to Mr. Llona to abide with the called for erosion and run off prevention plan within 45 days.
DISCUSSION ON AMENDMENT: Town staff will work with Mr. Llona on the plan. Marcos Llona clarified the town is expecting him to take full responsibility and the town is not taking any responsibility even though the town issued a permit where a permit cannot be issued (fill within 50’ of a stream is prohibited). Mr. Llona said he is asking the town for help because the town is liable. Bill Smith explained the discussion is about procedure with a zoning violation. The plan to address erosion is Mr. Llona’s responsibility. Town staff is willing to help. There were no further comments.
 VOTING ON AMENDED MOTION: unanimous (4-0); motion carried.
 
Tim Pudvar returned to the Selectboard.
 
8.         NEW BUSINESS
Public Hearing: Amendments to Zoning Ordinance in Section 430.1.B (reducing frontage for single family houses in the Village Residential District), Section 1750.2 (exclusion of basement space as a primary building component in the Lakeshore Overlay District), Section 1970.3 (time period allowed for temporary signs), Section 1970.11 (specify sign requirements in the Shelburne Falls Zoning District), Section 1980.6 (setbacks applicable to landscaping and driveways), and Section 2020.2 (permits for small areas for excavation/fill and volumes of fill)                                    
The public hearing was opened at 7:21 PM. Town Planner, Dean Pierce, reviewed the proposed amendments related to frontage in the Village Residential District, basement space in the Lakeshore Overlay District, time allowed for temporary signs, sign requirements in the Shelburne Falls Zoning District, setbacks for landscaping and driveways, and permits for excavation/fill.
 
COMMENTS
Al Gobeille asked how the amount of 1000 s.f. was chosen and the intent of the amendment (Mr. Gobeille recalled the purpose of the ordinance was to avoid fill going into a waterway). Dean Pierce explained 1000 s.f. was discussed by the Planning Commission and seen as a significant increase to the prior threshold for a permit which would have been as small as a wheelbarrow full. Square footage is more commonly understood than cubic yards of a dump truck; there is no direct correlation between square feet and volume. Al Gobeille asked if a permit is needed for yard mulch or driveway stone. Brian Precourt, Chairman of the Planning Commission, confirmed a permit would be needed and further explained the amendment was made to better quantify what is coming onto a property. The issue was brought to the Planning Commission by staff because there were some problems with people figuring out three dimensions (volume of fill). The language provides a method to help the applicant better define the plan. Dick Elkins, Planning Commissioner, stated a waiver for replacement of driveway stone or yard mulch could be considered.
 
Gwen Webster commented a permit is not needed to resurface a blacktopped driveway, but is needed for a gravel driveway or for mulch which seems excessive.
 
Rad Romeyn, Pond Road, mentioned his lengthy driveway and the need to get stone each year which now will require a permit that was not required in the past. Mr. Romeyn suggested the permit process be limited to issues sensitive to the watershed.
 
Mike Lynch, Falls Road, suggested first defining the problem that needs to be resolved and then determine whether a permit issuance will solve the problem.
 
Anna Palmer, Mariners Cove, mentioned setting a schedule for the temporary sign permit and possibly adopting some of the amendments and not all at this time.
 
There were no further comments.
 
Section 2020.2 (permit for fill)
MOTION by Robert Roesler, SECOND by Gary von Stange, to send Section 2020.2 (permit for fill) back to Planning Commission for further study and consideration.
DISCUSSION: Al Gobeille suggested staff be asked to work with the Planning Commission to define the term “fill”, illuminate on the goal of the amendments and compile a list of exceptions that do not apply to the goal as stated.
AMENDMENT by Robert Roesler, SECOND by Gary von Stange, to ask staff to work with the Planning Commission to define the term “fill”, to illuminate on the goal of the amendments, and to compile a list of exceptions that do not apply to the goal as stated.
VOTING ON AMENDED MOTION: unanimous (5-0); motion carried.
 
Section 430.1.B (frontage in Village Residential) and Section 1750.2 (basement space in Lakeshore Overlay)
MOTION by Robert Roesler, SECOND by Gary von Stange, to adopt the proposed amendments to Section 430.1.B (frontage in Village Residential District) and Section 1750.2 (basement space in the Lakeshore Overlay).
DISCUSSION: Anna Palmer, DRB member, explained the DRB handled applications where the property owner pushed fill up against their house and defined the bottom two floors as basement to allow for larger expansions. Adopting the amendments now will help avoid more applications coming in under the old rules. Mark Sammut, DRB member, stated the amendments may take care of some loopholes. There was further discussion of basement space. Mark Sammut suggested introducing the phrase “existing grade” versus proposed grades into the definition of basement space. Brian Precourt noted the Planning Commission has not come to consensus on how the Lakeshore Overlay District should be handled. The proposed amendment is only a stopgap measure. There are only about a dozen houses in the district that have not been renovated and maxed out on the 50% expansion calculation. The Planning Commission has discussed a height restriction or only addressing construction in the 100’ setback. Anna Palmer after closer review of the language urged not adopting the amendment because the wording should be: “basement is defined as below the average level of the adjoining grade” rather than “above the average level of the adjoining grade”.  Tim Loucks asked about the number of lots in the Village Residential District impacted by the frontage change. Dean Pierce recalled there were not a large number of lots that could be further subdivided. There were no further comments.
VOTING: one aye, 4 nays (Smith, Pudvar, Gobeille, von Stange); motion did not carry.
 
Section 1750.2 (basement space in Lakeshore Overlay) will be sent back to the Planning Commission for further consideration.
 
Section 430.1.B (frontage in Village Residential District)
MOTION by Robert Roesler, SECOND by Gary von Stange, to adopt the proposed amendments to Section 430.1.B (frontage in Village Residential District).
DISCUSSION: Mike Lynch asked why the town wants to increase the density in the village. Brian Precourt explained the Fisher business site was proposed to be developed into single family residences and the Planning Commission was trying to determine how to get a series of houses on the site without having large setbacks so the houses would model the village setting. There were no further comments.
VOTING: unanimous (5-0); motion carried.
 
Section 1970.11 (sign requirements in Shelburne Falls District)
MOTION by Robert Roesler, SECOND by Al Gobeille, to adopt the proposed amendments to Section 1970.11 (sign requirements in the Shelburne Falls District).
DISCUSSION:  Dick Elkins suggested façade signs be removed from the district to avoid “commercializing” the look of the area. There were no further comments.
VOTING: unanimous (5-0); motion carried.
 
Section 1980.6 (setbacks for landscaping and driveways)
MOTION by Robert Roesler, SECOND by Al Gobeille, to adopt the proposed amendments to Section 1980.6 (setbacks for landscaping and driveways). VOTING: unanimous (5-0); motion carried.
 
Section 1970.3 (time period for temporary signs)
MOTION by Tim Pudvar, SECOND by Robert Roesler, to adopt the proposed amendments to Section 1970.3 (time period for temporary signs).
DISCUSSION: Anna Palmer suggested a single permit for the year to avoid staff time and cost for multiple permits. Brian Precourt noted the language makes the permit easier to administer and more clear for the applicant. There were no further comments.
VOTING: unanimous (5-0); motion carried.
 
Section 2110 (landscaping definition)
MOTION by Al Gobeille, SECOND by Tim Pudvar, to approve the amendment to Section 2110 under landscaping definition. VOTING: unanimous (5-0); motion carried.
 
Presentation of Draft Plan for Update of Landscape Master Plans for the Shelburne Green and Parade Area by Michael Buscher, T.J. Boyle and Associates
Michael Buscher with T.J. Boyle and Associates reviewed three proposals for the parade ground including:
v Proposal A – remove trees as indicated, increase the hedge to the north, have sidewalk on the west side, parking on Falls Road, maintenance of trees.
v Proposal B – sidewalk running east-west by the parking on Church Street, underground or relocate the electric lines on the south side, add shade trees to replace the misshapen ash trees, add ornamental trees, have a veterans memorial area on the east side with a walkway and seating and bike racks.
v Proposal C – sidewalk running east-west with a green strip between the sidewalk and parking on Church Street, have a band shell by the veterans memorial with a sidewalk and benches, add shade and ornamental trees, and bike racks.
 
COMMENTS
Kathy Stockman, Pond Road, spoke against brick sidewalks due to the safety hazard in winter. Ms. Stockman also spoke against a fence around the parade space and removing the area under the trees that is a favorite with children.
 
Toni Supple, resident, suggested the band shell be located closer to the road to avoid impacting the farmers market area.
 
Dorothea Penar, resident, spoke against the band shell because the area is not a good place to hear music. The area by the school is better. Also, the band shell would be a maintenance expense. Posts could be installed in the ground to hold a temporary structure if needed. Ms. Penar urged keeping the parade ground open because the space lends itself to lots of activities. The space should be defined with trees.
 
Jill Bennett, resident, spoke against the band shell because the location is not good and there is lots of potential to disrupt neighbors. Jill Bennett asked about vendor access for the farmers market. Also, there is the issue of maintenance of hedge which may be on the property line (a survey may be needed).
 
Dick Elkins, resident, stated adding trees makes the space too busy. The area has lots of activity. Mr. Elkins suggested moving the parking on east side to across the road due to safety with cars parking by driveways and people crossing road from Shelburne supermarket. Also, if there is parking there will always be cars parked there.
 
Gwen Webster, resident, echoed statements about the band shell and the fence.
 
Anna Palmer, resident, spoke in support of a structure that is multifunctional and open that could possibly be a revenue source.
 
Todd Whitaker, resident, stated the larger the space the better for the farmers market and the town. Sidewalks are very useful.
 
Tucker Holland, Planning Commissioner, spoke in support of undergrounding the power lines and that the area is a wonderful space for a memorial to veterans.
 
Sean McFaden, resident, spoke in support of the veterans memorial, but suggested the village green which already has a veterans memorial in place may be a better location in light of the small size of the parade ground.
 
David Webster, resident, stated less is more in this case and the historic opening should not be filled with structures.
 
Jim Brangan, Tracy Lane, spoke in support of the less is better option. The southwest corner needs work as gateway area and should be opened up rather than planted with trees. The separation between road and the parade itself is good though having sidewalk bordering three sides may not be necessary. The memorial should be on the town green with the other veterans memorials. The parade was donated as space to be used as marching grounds in preparation for the War of 1812 and this is more reason to keep it open.
 
Rad Romeyn, Pond Road, urged that the sidewalk be gravel or brick dust to be ‘softer’. There is no place to walk along Church Street after crossing Route 7 from the town center.
 
Mike Lynch, Falls Road, spoke against the band shell and suggested the layout of farmers market be reconsidered so there is space between the tents. Mr. Lynch spoke in support of the veterans memorial on the parade and of Proposal B.
 
There was mention of restrictions on the property per the deed. Staff will research the matter.
 
Mike Buscher reviewed proposal for the village green including:
v Proposal A – create an area for benches facing west, add street planters or street grates and additional street trees, do maintenance on existing trees, add bike racks.
v Proposal B – add sidewalk along Route 7 to connect to existing sidewalk to the south (remove sidewalk by Falls Road), have a larger paved areas under the trees with room for benches and bistro tables, add more trees, remove the town Christmas tree if acceptable to the townspeople, add bike racks.
 
COMMENTS
Gwen Webster, resident, stated the ornamental trees on Falls Road will impede view of the businesses on Falls Road. The town Christmas tree cannot be removed. It is unlikely people will use the tables that only offer a view of Route 7 and Falls Road.
 
Kathy Stockman, Pond Road, spoke against more hardscape because this will increase the temperature of the area. There should be more green and grass in the area.
 
Toni Supple, resident, no more shade trees should be added to the town green because the businesses should be visible from Route 7.  The view is charming from Route 7 to look over at the traditional buildings on Falls Road which are part of the personality of the town.
 
Rad Romeyn, Pond Road, spoke in support of the sidewalk along Route 7 to provide easy access to the farmers market. Pedestrians need to be directed to the crosswalk in front of the Pierson Building perhaps with plantings rather than simply flowing across the road to the Shelburne Country Store.
 
Anna Palmer, resident, mentioned having the veterans memorial on the green and finishing the Harbor Road intersection improvements if the sidewalk is done.
 
David Webster, resident, echoed the comments about less hard surface Mr. Webster said the bike rack placement is not appropriate because the area is the focal point of the green. The rack should be off to the side. Also, there is an ordinance against outdoor eating in town.
 
Sean McFaden, resident, stated the green is a more appropriate location for the veterans memorial thematically and for visibility rather than the parade.
 
Dorothea Penar, resident, stated the green is not a comfortable spot for an eating area. The western side of the parade ground may be a good location for the bistro tables.
 
Tucker Holland suggested keeping the parade ground open and as multi-purpose as possible. Mr. Holland suggested making a memorial that is perhaps more interactive to get people exposed to the memorial.
 
Steve Mayfield, resident, stated more trees will block the view of the Country Store and the Christmas tree on the green. Also, the existing memorial with the flag will not be visible from Route 7 and Falls Road. People go to the green for the open space. People will continue to travel where the existing sidewalk is now even if there is the sidewalk along Route 7.  The existing sidewalk is in a good location away from the traffic on Route 7.
 
Margo Livingston, resident, suggested since the town is considering another space as the entrance to the town that this may be a good location for the veterans memorial as well.
 
Further comments can be forwarded to Dean Pierce, Town Planner.
 
Discussion of Issues Related to Route 7 Paving Project Scheduled to Begin in July and Continue Until November Including Night Paving
Paul Bohne reported VTrans is prepared to not do night paving on Route 7 through the village (Bostwick Road and the bridge) to avoid disrupting residents.  Doing the paving during the day will cause lengthy traffic delays. There will be some milling done. Another option is to divert traffic onto surrounding roads while the paving is being done.  The consensus of the Selectboard is in support of night paving as proposed (no night paving from Bostwick Road to the bridge) and no milling at night by residences.
 
Approval of Capital Improvement Note with Peoples United Bank in the Amount of $7,750 for a Term of One Year at an Interest Rate of 1.5% to Refinance the Water Department Pickup Truck Purchased in 2010
MOTION by Al Gobeille, SECOND by Gary von Stange, to approve the capital improvement note with Peoples United Bank in the amount of $7,750 for a term of one year at an interest rate of 1.5% to refinance the Water Department pickup truck purchased in 2010. VOTING: unanimous (5-0); motion carried.
 
Selectboard Questions or Comments
  • Tim Pudvar recalled the bandstand idea was an Eagle Scout project. Many other towns have bandstands which are very ‘Americana’.
  • Al Gobeille pointed out the Selectboard did not comment yet on the proposals for the Parade and Town Green.
  • Gary von Stange suggested further discussion of privately owned items such as invisible fences, shrubs, trees, and such in the town right-of-way.  Paul Bohne will add this to a future agenda.
 
9.         EXECUTIVE SESSION and/or ADJOURNMENT
MOTION by Robert Roesler, SECOND by Tim Pudvar, to adjourn the meeting. VOTING: unanimous (5-0); motion carried.
 
The meeting was adjourned at 9:31 PM.
 
RScty:MERiordan

MINUTES SUBJECT TO CORRECTION BY THE SHELBURNE SELECTBOARD. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE BOARD.

TOWN OF SHELBURNE

SELECTBOARD

MINUTES OF MEETING

July 24, 2012
 
MEMBERS PRESENT:        Bill Smith (Chairman); Gary von Stange, Robert Roesler, Al Gobeille. (Tim Pudvar was absent.)
ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Finance Director; Dean Pierce, Town Planner.
OTHERS PRESENT:           Kevin Boehmcke, Steve Antinozzi, Todd Whitaker, Kate Lalley, Brian Precourt, Dick Elkins, Tucker Holland, Toni Supple, Ron Bouchard, Dan Burks, Chip Whitcomb, Stephanie Barrett, Chad Pierce, Carl Jaborek, Dale Morgan, Emmalee Cherington, Ann Dutton, Steve Baietti, Margo Livingston (Shelburne News).
 

1.         CALL TO ORDER
Chairman, Bill Smith, called the meeting to order at 7 PM.
 
2.         APPROVAL OF AGENDA
There were no changes to the agenda.
 
3.         APPROVAL OF MINUTES
July 10, 2012
MOTION by Robert Roesler, SECOND by Al Gobeille, to approve the minutes of July 10, 2012 as written. VOTING: unanimous (4-0); motion carried.
 
4.         CITIZEN PARTICIPATION
Kevin Boehmcke noted the Vermont Transportation Bicycle and Pedestrian Program with $2 million available in funding is again accepting projects. The scoping study for the project must be done in order to qualify for the funding. Irish Hill/Falls Road path and bridge project has been scoped and might be considered by the Selectboard for this program. The application due date is August 24, 2012. Paul Bohne noted staff is aware of the program, but has not recommended the path/bridge project due to the associated costs. A complete design must be done which is expensive and not part of this year’s or next year’s capital plan. There is a 20% local match requirement with the state funding. Dean Pierce reported the Paths Committee did discuss the program, but the town does not have the funding lined up at this point to apply for the program. The town continues to seek enhancement grants for various bike/ped projects. Other projects in town also compete for enhancement grants. Local match is required and town funds are limited.
 
5.         ANNOUNCEMENTS
None.
 
6.         MANAGER’S REPORT
Town Manager, Paul Bohne, reported on the following:
  • Harbor Road sidewalk project is progressing. Wires are being removed from the utility poles. August 6th is the target date to complete the work.
  • Construction on Route 7 south for drainage on the east side of the road by Champlain Oil is finished. Across the road is the sewer project for the museum building to hook into town sewer service. The sidewalk project will begin after the sewer work is done.
  • There is $280,000 available in grants through the ECOS project. Applications must coincide with the goals of the program. The town will submit an application in support of form based zoning. November 1, 2012 is the grant award date.
  • Lingering streetlight issues will be handled in August. A list has been compiled and is available for review. Fifteen lights will be removed and 16 installed. (Bill Smith asked that Bernie Gagnon investigate retaining streetlight #32905 because the intersection needs the lighting.)
 
7.         OLD BUSINESS
Approve Process that Includes a Schedule, Methods to Educate, Raise Awareness, and Prepare for Possible Implementation re: the Potential of Applying Form Based Code to Route 7 North of the LaPlatte River Bridge as an Alternative to Current Zoning
Paul Bohne briefly reviewed events that have occurred to date focused on Route 7 redevelopment (planning charrette, Norwich architecture student designs, SDAT). The cost to conduct a charrette for community involvement and to draft form based code for Route 7 north is estimated at $30,000 which is unbudgeted and needs voter approval either in November, 2012 or at the annual meeting in March. The town can submit an ECOS grant application for form based code. The Selectboard expressed concern about the cost of form based code and having the necessary public support. The public needs to be fully informed and engaged.  There is also need to know the impact on business valuations and property values under form based code.
 
Kate Lalley, Chairwoman of the SDAT committee and Planning Commission member, stated the cost of form based code should be thought of as an investment for the town to improve the Route 7 corridor that developed through the current Euclidean code. The RFP will provide “hard numbers” on the investment. Form based code is proactive and the town and developers will be on the same page with each project. Route 7 has tremendous potential for Shelburne. There is high traffic volume. Shelburne has the top three tourist destinations in the state. The setting is tremendous to offer visitors. Ms. Lalley acknowledged moving forward more slowly may be beneficial, but the momentum needs to continue. Members of the Shelburne Planning Commission echoed Ms. Lalley’s comments and spoke in favor of submitting the RFP to provide needed information and keep the project moving forward.
 
MOTION by Al Gobeille, SECOND by Robert Roesler, to approve the timeline for consideration of form based code as presented in the Selectboard meeting packets to include a November 6, 2012 submittal for the general election.
DISCUSSION: Gary von Stange clarified the understanding is that if appropriate the November 6th date can be pushed to March, but the RFP will go forward.
VOTING: unanimous (4-0); motion carried.
 
Discuss Revised Vision Statement and Two Revised Elements of the Town Plan and Provide Specific Guidance to the Planning Commission as to the Appropriateness of Revisions to Enable the Completion of the Update of the Town Plan
The Selectboard concurred with the revised vision statement and elements of the town plan as presented by the Planning Commission with the following notations:
  • Make the reference to CCTA more generic.
  • Make sure the language with regard to undergrounding overhead utility lines is permissive rather than mandatory due to the cost to bury the lines.
  • There is concern about potential impact on private property rights as it relates to the “official map”. An expanded explanation of the purpose and use of the official map by the town would be beneficial.
  • It was noted inclusion of a reference to SDAT in the town plan was a Selectboard suggestion.
  • Including form based solutions in the objectives in the town plan is acceptable because the plan is a forward looking document and the town is exploring implementation of form based code in the future.
  • Continue to be specific throughout the document with goals and objectives (language saying “…consider revising zoning district boundaries and descriptions as appropriate…” is too vague).
  • There is concern about the inference in the definition for economic development that government makes jobs.
  • The language referring to an economic development officer position should be ‘softened’.
 
Discussion with Representatives of Vermont Agency of Transportation and F.W. Whitcomb Corp. and Reconsideration of Paving Operations at Night
Chip Whitcomb with F.W. Whitcomb Corp. (contractor doing the paving work) urged the Selectboard to allow paving at night because with the traffic volume on Route 7 during the day there will be delays up to an hour. The noise from the paving and milling moves from one location to another and is not concentrated in front of any one residence. The milling machine moves along quickly. The trucks are pushed by the milling machine. Paving at night was done with success in Stowe and Woodstock. The work day is typically 6 PM to 6 AM. Working at night will complete the paving job in two to four days versus two to three weeks of inconvenience if the paving is done during the day. Work is expected to begin August 6, 2012. Stephanie Barrett, public relations contact person (telephone: 862-6085), said when paving was done in Burlington during the day traffic was tied up and people were irate. With the work in Shelburne information flyers will be delivered to the residences in the work zone. People can call to receive email updates on the progress of the work. Message boards will be posted at each end of the work zone. There was mention of posting message boards on area roads as well as on Route 7 to warn motorists about the work and allow them the opportunity to choose an alternate route. Dale Morgan, VTrans said the state cannot direct people to use town roads, but will supply programmable message boards where allowed to warn drivers of the paving plans for the day. For the Route 7 paving there will be five message boards posted.
 
MOTION by Al Gobeille, SECOND by Gary von Stange, to endorse night time paving from the southern limit of Shelburne on Route 7 to South Burlington on Route 7. VOTING: unanimous (4-0); motion carried.
 
Paul Bohne noted the paving project has been discussed twice by the Selectboard and information has been posted to make the public aware of the upcoming work. No comments have been received, but it is still necessary to get the word out. Stephanie Barrett said a media blitz will be done to alert the public.
 
Discussion of Role and Charter of Social Services Committee
There was discussion of the status of the Social Services Committee (presently only one member, a draft charter, and $11,000 line item in the budget). The purpose of the committee and taxation for donation are concerns of the Selectboard. There was lengthy discussion of the need for a committee, the charge of the committee (to evaluate the needs of Shelburne residents requesting assistance), fund raising to support the work of the committee rather than using tax dollars, and recipients of the funds dispersed by the committee (should be Shelburne residents or entities like the food shelf or fuel assistance serving Shelburne residents rather than organizations, such as Recycle North).  Data on how many people are served and how much assistance is provided needs to be compiled to support the budget. There was also discussion of having the funding for the committee be a ballot item rather than a line item in the town budget.
 
Comment was made by members of the audience that using taxpayer money to support social services and having a safety network in place is critical for strengthening the community. People value being able to contribute to their community and this is difficult to quantify. In the past the budget for the Social Services Committee was $20,000.
 
Next steps include finalizing the charter for the committee and inviting committee member(s) to help determine a vision for the committee focused on localized giving.
 
8.         NEW BUSINESS
Approval of Capital Note in the Amount of $90,000 with Peoples United Bank for a Period of One Year at an Interest Rate of 1.9% to Finance the Purchase of a Highway Dump Truck
MOTION by Robert Roesler, SECOND by Gary von Stange, to approve a capital note in the amount of $90,000 with Peoples United Bank for a period of one year at an interest rate of 1.9% to finance the purchase of a highway dump truck.
DISCUSSION: Paul Bohne explained the planned equipment purchase is part of the capital plan. There is a line item in the budget for the highway truck (equipment fund).
VOTING: unanimous (4-0); motion carried.
 
Discussion of Encroachments and Activities in the Town Right-of-Way
There was discussion of empowering the Town Manager and staff to handle encroachments on the town right-of-way (fences, recreational equipment, and such). The basic premise is the right-of-way is town property and the town’s liability. Activity by homeowners in the right-of-way cannot impede safety or work that needs to be done. A friendly letter could be sent reminding people that the public right-of-way is not their personal property even though they may have been maintaining the area.  Also, the town should not pay to remove an infringement on the right-of-way without approval first from the Selectboard, and absent very special reasons, the town should not pay to remove something that should not have been in the right-of-way in the first place. It was acknowledged that the town is the townspeople and town property is everyone’s property, and it is important to deal with right-of-way issues in a consistent manner.
 
Consider Amending Grand List by Reducing the Assessed Value of Property at 16 Irish Hill Road from $3,900 to $0 (zero) and Property at 5786 Shelburne Road from $225,000 to $0 (zero)
Paul Bohne noted the mobile home on Irish Hill Road was destroyed and the property on Shelburne Road is tax exempt (owned by Shelburne Museum) and will be taken down.
 
MOTION by Al Gobeille, SECOND by Robert Roesler, to amend the grand list by reducing the assessed value of property at 16 Irish Hill Road from $3,900 to zero ($0) and property at 5786 Shelburne Road from $225,000 to zero ($0). VOTING: unanimous (4-0); motion carried.
 
Selectboard Questions or Comments
None.
 
9.         EXECUTIVE SESSION and/or ADJOURNMENT
MOTION by Robert Roesler, SECOND by Gary von Stange, to adjourn the regular meeting and convene Executive Session to discuss contract negotiations and invite the Town Manager and Finance Manager to attend. VOTING: unanimous (4-0); motion carried.
 
The regular meeting was adjourned and Executive Session convened at 9:49 PM.
 
RScty:MERiordan

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P.O. Box 88
5420 Shelburne Road
Shelburne, VT 05482
phone: 802-985-5110
fax: 802-985-9550


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