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minutes

September 2012

 

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

 

September 11, 2012
 
MEMBERS PRESENT:        Bill Smith (Chairman); Tim Pudvar, Al Gobeille, Gary von Stange, Robert Roesler.
ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Finance Director; Dean Pierce, Town Planner; Colleen Haag, Town Clerk; Jerry Ouimet, Shelburne Fire Chief.
OTHERS PRESENT:           George Proakis (via Skype), Chris and Nancy Dermody, Brian Precourt, Jeff Hodgson, Jenny Ockert, William and Susan Andrus, Rad Romeyn, Matthew Ottinger, Bill Deming, David Cranmer, Allison Cranmer, Kate Webb, Jim Madison, Judith Raven, Lee Suskin, Pete Gadue, Dorothea Penar, Val Martel, Kate Lalley, Maria Horn, Steve Antinozzi, Fritz Horton, Tod Whitaker, Joan Lenes, Lisa Pizzagalli, Luanne Cantor, Susan Grasso, Domenico Grasso, Kit Antinozzi, Gabriela Meyer, Morris Israel, Dwight Mazur, Donna Fialkoff, Pat Sears, Bob Lake, Linda Schiavone, George Schiavone, Ann Irwin, Judy Peterson, Ron Bouchard, Margaret Ottinger, Harvey Ottinger, Jim Dudley, Austin Troy, Tom Zenaty,  Heather McKim, Shelburne News
 

1.         CALL TO ORDER
Chairman, Bill Smith, called the meeting to order at 7 PM and held a moment of silence for the losses on September 11, 2001.
 
2.         APPROVAL OF AGENDA
There were no changes to the agenda.
 
3.         APPROVAL OF MINUTES
August 14, 2012
MOTION by Tim Pudvar, SECOND by Robert Roesler, to approve the minutes of August 14, 2012 as written. VOTING:  4 ayes, one abstention (Gobeille); motion carried.
 
4.         CITIZEN PARTICIPATION
Jenny Ockert, 514 Shelburne-Hinesburg Road asked about a mechanism to preserve the little brick house that is part of the Harbor Hide-A-Way property. The house is the oldest residence in town north of the LaPlatte River. Paul Bohne said there is no mechanism and the new property owner, Jack DeBrul, did contact the state historic preservation division, but the changes made over the years to the house and the current condition of the structure do not support preservation so the house will be taken down. Shelburne’s historic preservation committee could investigate marking the site for future reference.
 
5.         ANNOUNCEMENTS
None.
 
6.         MANAGER’S REPORT
Town Manager, Paul Bohne, reported on the following:
  • The work on Harbor Road is nearly finished. Some limited landscaping and paving in and around the curbs remains to be done.
  • The Webster Road path should be complete by 9/15/12.
  • The LaPlatte nature trail and overlook project is progressing. The overlook is under construction and will be done in two weeks. It will take two weeks to compete the trails with walkways and bridges.
  • Staff has been working with Green Mountain Power on the streetlight project (relocate, remove as indicated) and for input on underground service for streetlights in Davis Park and the streetlight on Ridgefield Road. The cost to underground the line is over $40,000 for six lights. Staff is doing an assessment, but it is unlikely the town can afford to do all six lights. One light needs a transformer and the cost for just that light could be $10,000.
  • There is a potential grant of $50,000 as part of the ECOS project that could be applied to the form based code project. There is also a municipal planning grant available. Staff is discussing the applicability of the municipal planning grant to support form based coding, but is also considering using the grant for planning the loop road. The municipal planning grant deadline is 9/28/12. There will be further discussion with Planning Commission and Selectboard before submission of the application which needs the support of both groups.
 
7.         OLD BUSINESS
Presentation/Discussion of Form Based Code Regulation for Possible Application along Route 7 north of the LaPlatte River in the Mixed Use District
Bill Smith summarized progress to date with consultants and citizen committees in exploring form based code for development on Route 7 north of the LaPlatte River in the Mixed Use District. Presenters to discuss form based code include George Proakis from Summerville, Massachusetts (via Skype), Chris Dermody from St. Albans, and Patricia Sears from Newport. Kate Lalley, SDAT Chairwoman, noted the impetus for form based code is to get better results from the rules that are applied. The focus area is the Route 7 corridor north of the LaPlatte River which is the largest commercial area in town.
 
George Proakis reviewed the following:
  • His professional experience in land use and form based code;
  • Conventional zoning code, associated issues and challenges versus form based code to create a place with a mix of uses;
  • Form based code implementation and administration;
  • Examples of places in the country using form based code for development.
 
Chris Dermody discussed the planning charrette held in St. Albans and showed slides of existing development in the community, noting the approach in St. Albans may be to apply form based development on a street-by-street basis. Form based code in St. Albans is a work in progress. The community needs to be involved. St. Albans is investigating the use of tax incremental financing to pay for the development of parking in the center of the town.
 
Patricia Sears, Newport, explained the rural development planning forums that were held in Newport (very well attended) to look at form based code in the downtown Newport area. Form based code was implemented and the resulting redevelopment of historic buildings has been very positive for the community. Form based code is flexible and usable, facilitates the permit process and protects the fabric of the downtown area.
 
Al Gobeille asked about the influence of form based code on “big box stores” wanting to locate in town. Pat Sears said Newport provided a proposal to Walmart to locate in the downtown area rather than a farm field. Walmart has not yet responded. Al Gobeille asked about having dual zoning and a property owner being able to choose the approach. George Proakis stated an optional overlay for form based code has been done in some areas, but many choose the form based approach because it is so straight forward and adds more value. If a choice is offered, the town needs to be aware of possible outcomes. Al Gobeille asked about the effect on property values immediately, short and long term in mixed use limited applications. George Proakis said if form based works well it should add value. Mr. Proakis will do further research on the effect of form based code on property values and forward the information to Shelburne.
 
Gary von Stange asked about having form based code only in a section of town. George Proakis stated the bigger return with form based code is in the commercial district versus residential, but the code works best if both areas are covered.
 
PUBLIC COMMENTS
Bill Andrus asked about the time to do a project with form based code because for a developer time is money. Pat Sears explained with the project in Newport the sale of the property has not yet occurred, but when this happens the time for permitting the proposed project will be substantially less. George Proakis confirmed one of the fundamental goals of form based code is to shorten the development review process. With form based code input on what the project will look like is done at the level of developing the code. Dean Pierce noted the estimated time to draft and adopt form based code in Shelburne is eight to 12 months.
 
Jim Dudley asked how the Newport Renaissance Corp. is funded. Pat Sears said Newport is a designated downtown and receives funding from local businesses (voluntary contribution) and grants for specific projects.
 
Rad Romeyn asked about the effect on property owners in the district targeted for form based code and the voice they have in the process. Pat Sears stated the property owners in Newport are very positive and supportive because there is now a clear, concise code to follow. George Proakis noted property owners need to provide input so they know what will be. The design of form based code is to make it easier and more flexible for development that will not be at the discretion of a board or neighbors later in the process because issues are uncovered and concerns are settled at the onset. Research indicates there is an increase in property value in the form based district. Al Gobeille asked if a property is made less valuable because form based zoning is more constrictive (for a positive cause) in some circumstance. Mr. Proakis will further research the matter.
 
Chris Dermody asked if there are any problems after a community implements form based code. George Proakis said there may be some small portion of the code that needs more revision, but generally the community is very happy with the outcome. Pat Sears added public input is gathered and considered at the start of the process. Newport, for example, included the requirement of active retail in the downtown and declined a proposal by a nonprofit. The ‘allowed’ list is longer than the ‘not allowed’ list though.
 
Austin Troy stated a good zoning ordinance is clear enough in its criteria to filter out the good appeals from the not so good appeals and asked if form based code gives the clarity that allows for a more predictable level of appeals after projects are permitted. Pat Sears emphatically answered in the affirmative. Newport has a list that indicates what can be done or not. George Proakis stated drafting a code and process that is clearly understood and yields the desired outcome essentially eliminates the appeals.
 
Maria Horn asked for examples of other towns that have developed using form based code in a corridor like Route 7. George Proakis mentioned Columbia Pike in Virginia as a good example of a commercial strip that changed over time. Mashpee Commons on Cape Cod is another example.
 
Peter Post asked who will write the code. Kate Lalley explained three responses to the RFP have been received and a consultant will be selected who is skilled at working with a diverse and demanding community with many different stakeholders like Shelburne and working with an area like the Route 7 corridor. The process once the consultant is hired is anticipated to take approximately nine months. The consultant will work in collaboration with the Planning Commission and the community to draft the code. Pat Sears noted she has been invited to report on the experience in Newport nationally and internationally. The right consultant being available as much as possible is important to answer questions and address concerns by the community.
 
There were no further comments or questions.
 
Resolution of Support for Article on the November 6, 2012 General Election Ballot Requesting  Authorization to Bond up to $70,000 to Hire Consultants to Develop Form Based Code and Associated Regulations to be Applied to the Mixed Use District Along Route 7 north of the LaPlatte River
MOTION by Al Gobeille, SECOND by Robert Roesler, to approve the resolution of support for an article on the November 6, 2012 general election ballot requesting authorization to bond up to $70,000 to hire consultants to develop form based code and associated regulations to be applied to the Mixed Use District along Route 7 north of the LaPlatte River.
DISCUSSION:  Gary von Stange expressed concern about potential impact on the tax rate and taxes by all the requested proposals before the Selectboard and the associated costs. Kate Lalley reiterated there likely will be grants to cover costs so the voters will only be asked to fund a small portion. Bob Roesler pointed out the town will benefit from increased property values with a good code applied to a grossly underdeveloped area of town. Al Gobeille spoke in support of pursuing form based code in earnest and looking at what fundamentally needs fixing in town. Tim Pudvar and Bill Smith concurred. Rad Romeyn also spoke in support of form based code and enhancing a section of town to have a positive impact on the tax rate. Peter Post spoke in support of form based code so the Route 7 corridor area under consideration can be developed in a positive manner. Al Gobeille read the resolution in support of the ballot item to approve funding for a consultant to develop form based code and implement regulations. The ballot item will be publicized in multiple ways (public hearings, newspapers). A woman in the audience urged informing the public about potential grants for the project as well. There were no further comments.
VOTING: unanimous (5-0); motion carried.
 
Discussion of How Shelburne Recognizes Responsibility to Citizens in Need
Al Gobeille read a letter outlining his suggested proposal for Shelburne’s social services program, including:
  • Budget $50,000 for the program and direct 50% to the VNA, 10% to United Way, 20% to the Shelburne food shelf and 5% to the Shelburne heating assistance program.
  • Create a Shelburne community fund to help citizens in need and use 15% of this year’s budget to establish the reserve for the fund.
  • For governance, dissolve the current social services committee and appoint a volunteer social services coordinator with the Selectboard as steward of the community fund to decide the position of all requests. Allow the Selectboard Chair to determine need in cases below $1,000.
  • Set $35,000 as the goal for a reserve balance to support the community fund.
 
Tim Pudvar agreed with the approach suggested by Mr. Gobeille and that Shelburne needs the services to stay in town and help local citizens. Bob Roesler commended Mr. Gobeille on his thoughtful approach that can be used as the basis for going forward. Gary von Stange noted his research showed there is state statute for a town to provide social service (24VSA2691 provides for municipal giving to social service agencies and mandates those social service programs and facilities are within the town). Mr. von Stange stated if the town does not provide social services in its budget the voters will petition to provide the services.
 
PUBLIC COMMENTS
Jenny Ockert mentioned her experience working with people in need through the church, as a social worker, and with crisis intervention. According to past town reports Shelburne has a long history of helping needy citizens, said Ms. Ockert, suggesting that more funding be given to the Shelburne food shelf and fuel assistance programs. Ms. Ockert volunteered to serve on the committee and felt other people would be willing as well
 
Jim Madison, Shelburne resident, stated the proposal by Mr. Gobeille is an improvement because it removes uncertainty for the agencies involved. A component where townspeople can contribute privately is encouraged.
 
David Cranmer stated the social services coordinator should use the community fund for crisis intervention, but also to help the individual avoid being in the same situation again. Mr. Cranmer volunteered to serve on the committee.
 
Dorothea Penar stated based on her experience working with the social services committee many organizations asking for donations from the town are doing so to make up the gap for the services they provide to people some of whom are Shelburne residents. There is also need to give to organizations that address issues in the schools and that involve the police department. Al Gobeille noted in the past the town donated to organizations that did not even serve people in Shelburne. Mr. Gobeille said he envisions the community fund being used to help pay for someone’s rent or taxes or medical bills so they do not have to use COTS for support. The giving should be focused to attain “mass” which is the case by giving to the Shelburne food shelf or the VNA.
 
Maria Horn expressed concern about appointing one social services coordinator because there should be transparency and having one person may not be transparent. Also, different voices need to be brought to the table.
 
Bill Deming stated the proposal is a good start, but the Selectboard does not have veto power over the vote of the people to put the social services program line item back into the budget.
 
Pete Gadue suggested the committee be maintained and one member is appointed by the Selectboard to be the coordinator and to decide where the funds are used.
 
Tom Zenaty said he is a former social worker who has worked with the populations the money is intended to serve. There is merit to having a team of people with experience making decisions on the services, but with the proposal the VNA will receive 50% when there are many more agencies that did not get any money.
 
Judy Peterson, CEO of the VNA, reported $1.2 million in services was provided to Shelburne last year and though much was billed to insurance the VNA was still $70,000 short. The amount of hospice care provided by the VNA in Shelburne doubled last year.
 
Colleen Haag asked how the money to be given to the Shelburne food shelf will coordinate with the fund already in place. Ms. Haag mentioned the positive results due to the “behind the scenes” work done by Val Martel. Paul Bohne agreed the town needs to understand and learn what is going on under the radar in Shelburne so services are not duplicated.
 
Joan Lenes stated the Selectboard heard the values of many at March town meeting and should put the line item in the budget rather than as a separate effort to show this is what the town does for fellow residents.
 
Resolution of Support for Request by Fire Department for an Article on the November 6, 2012 General Election Ballot for Authorization to Bond for $32,000 to Purchase a Boat for Rescue Calls on Lake Champlain
Bill Smith summarized prior discussions of the rescue boat and Shelburne paying the full cost though the boat will be used on calls in other towns. There is the cost to purchase boat as well as to maintain the boat and replace it in the future.  A Shelburne resident has offered to pay for the boat on condition of reimbursement after the vote. Fire Chief Jerry Ouimet explained Bob Lake offered to purchase the boat now because the seller cannot wait until November. The book value for the boat is $33,000. The replacement value is $65,000. If the voters do not support the purchase the Fire Department will seek funds via fund raising activities.
 
MOTION by Robert Roesler, SECOND by Tim Pudvar, to place an article on the November 6, 2012 general election ballot requesting the voters authorize bonds up to $32,000 to purchase the boat described by Chief Ouimet for rescue calls on Lake Champlain.
DISCUSSION:  Chief Ouimet explained the need for the boat (number of calls on the lake have increased, the 16’ Zodiac boat only holds three people, the 1998 boat is beyond its 10 year life and will need rebuilding). Charlotte has a 19’ fishing boat converted for water rescues. South Burlington and Burlington depend on the Coast Guard which is understaffed.  The boat is a piece of Fire Department apparatus to be used mostly for Shelburne calls. Mutual aid calls on the lake are coordinated through the Coast Guard.  Maintenance and storage cost for the boat is estimated between $2,000 and $2,500 per year. The Fire Dept. maintains much of the equipment. The new boat will have a projected 20 year lifespan and when replacement is necessary research will be done to find another used boat at a good price. The boat will serve anyone on the lake and in the bay, on the shoreline and trails by the lake (many are only accessible from the lake), and using the beach. There was discussion of other towns sharing the cost of the boat since the boat will be used on mutual aid calls. Al Gobeille expressed concern that the ballot item is falsely asking the voters for permission to buy the boat when the boat has been purchased by Bob Lake. Chief Ouimet clarified the wording is asking for town support to buy the boat or find other funding. Bob Lake stated purchasing the boat is a worthy cause because the Zodiac is at the end of its useful life. The Selectboard authorized the purchase of the Zodiac years ago as is being requested now.  Mr. Lake offered to take the boat if the voters do not support the purchase and the Fire Dept. cannot raise the funds.  Chief Ouimet noted a boat has been included in the Fire Dept. capital budget, but the date pushed out each year.  Work will have to be done on the existing boat or a new Zodiac purchased in order to continue service on the lake.  The Coast Guard response to Shelburne is long which is critical if there is an emergency on the water. Gary von Stange asked if the town has bonded for an item such as a boat in the past. Peter Frankenburg noted a bond was passed at town meeting for a highway truck ($100,000). “Bond” does not just mean selling bonds, but means borrowing money as well. Colleen Haag stated if one life can be saved by a $32,000 boat the town will be happy. Shelburne residents appreciate the experienced trained people in the Fire Dept. and will support purchase of the boat. Matt Ottinger pointed out as a taxpayer in the last budget the voters approved $192,000 extra for the Fire Dept. which was 80% of the budget increase. Harvey Ottinger noted the Coast Guard has a charter to provide rescue on the high seas so Shelburne should not be providing this service. The service should be integrated and the responsibility of the Coast Guard.
MOTION by Tim Pudvar, SECOND by Al Gobeille, to go into deliberative session and to invite the Town Manager to attend. VOTING: 4 ayes, one nay (von Stange); motion carried. Deliberative session convened at 10:04 PM and adjourned at 10:10 PM. Tim Pudvar noted the amount in the town capital plan for the Zodiac boat was $55,000.
VOTING on resolution in support of purchase of boat: 0 ayes, 5 nays (Smith, Pudvar, Roesler, Gobeille, von Stange); motion did not carry.
 
MOTION by Robert Roesler, SECOND by Gary von Stange, that the Town of Shelburne spend $32,000 out of cash flow or as recommended by the Finance Officer to purchase the boat as recommended by the Fire Dept.
DISCUSSION: The Selectboard recognizes the Fire Dept. is providing a service and the responders need to be safe when providing that service, but the service is being provided to multiple communities so the Fire Dept. should consider developing a fee structure because it is difficult for Shelburne to exclusively support the service. Al Gobeille said he could not vote for a bond that was going to happen regardless of the vote by the people and does not want the Fire Dept. to be in that position. There were no further comments.
VOTING: unanimous (5-0); motion carried.
 
8.         NEW BUSINESS
Request by Michael A. Barb, Controller at Harrington’s in Vermont, for Relief from Penalty of $49.29 for Late Payment of Property Taxes
MOTION by Tim Pudvar, SECOND by Robert Roesler, to approve the request by Michael A. Barb, controller at Harrington’s in Vermont, for relief from penalty of $49.29 for late payment of property taxes. VOTING: 0 ayes, 5 nays (Smith, Pudvar, Roesler, Gobeille, von Stange); motion did not carry.
 
Request from Robert and Jean Gilpin for Relief from Penalty of $91.08 for Late Payment of Property Taxes
MOTION by Tim Pudvar, SECOND by Gary von Stange, to approve the request by Robert and Jean Gilpin for relief from penalty of $91.08 for late payment of property taxes.
DISCUSSION: Robert Roesler noted there is some precedent with the circumstances presented where the Selectboard has been supportive.
VOTING: unanimous (5-0); motion carried.
 
Approve Proposal to Shift Priorities of Highway Department to Allocate up to $60,000 for Repair of the Slide on Harbor Road due to Flooding in May, 2011
Paul Bohne explained the fix with ballast recommended by the engineer and how the cost will be covered.
 
MOTION by Robert Roesler, SECOND by Gary von Stange, to approve the proposal to shift priorities of the Highway Dept. to allocate up to $60,000 for repair of the slide on Harbor Road due to flooding in May, 2011.
DISCUSSION: Steve Vock with CEA recommended the ballast fix. The work will be done this year.  Tim Pudvar asked if the Highway Dept. was over budgeted if 6% of the budget can be reallocated. Paul Bohne explained the department was not over budgeted. A paving grant was received this year and in any given year a project can be postponed if necessary. Paul Goodrich will decide what project will be deferred.  There were no further comments.
VOTING: unanimous (5-0); motion carried.
 
Request to Reduce Grand List by $19,300 by Adjusting the Assessed Value of 3972 Shelburne Road (Yankee Doodle Motel) from $450,900 to $430,900 due to an Error in Lot Size
MOTION by Tim Pudvar, SECOND by Gary von Stange, to reduce the grand list by $19,300 by adjusting the assessed value of 3972 Shelburne Road (Yankee Doodle Motel) from $450,900 to $430,900 due to an error in lot size. VOTING: unanimous (5-0); motion carried.
 
Request by Greg Shover, Developer, to Approve the Street Name “Lilly Creek Lane” to be Constructed off Webster Road
MOTION by Al Gobeille, SECOND by Tim Pudvar, to approve the street name “Lilly Creek Lane” to be constructed off Webster Road as requested by Greg Shover. VOTING: unanimous (5-0); motion carried.
 
Presentation/Discussion of Preliminary Financial Results of 2011-2012 General Fund Budget
Peter Frankenburg reported the following:
  • Pre-audit financials indicate the town had a positive year.
  • The proposed draw down of $140,000 of the fund balance for capital projects did not occur, but rather the fund balance increased by $46,000.
  • One third of the $186,000 variance was for capital projects that were scheduled in the fiscal year, but not done (firehouse roof, library roof replacement, FEMA funds
  • One  third of the variance was due to less winter maintenance with the mild winter and lower energy costs.
  • One third of the variance was from reduced health and long term disability insurance costs resulting from work with a consultant who rebid these coverages
  • Unassigned fund balance is estimated to be $530,000 which is 7% of the budget (exceeds the 5% target).
  • Overall the town is in sound financial shape.
 
Acknowledge Receipt of Proposed Amendments to Town of Shelburne Bylaws and Subdivision Regulations
MOTION by Al Gobeille, SECOND by Robert Roesler, to acknowledge receipt of the proposed amendments to the Town of Shelburne Bylaws and Subdivision Regulations. VOTING: unanimous (5-0); motion carried.
 
Selectboard Questions or Comments
None.
 
9.         EXECUTIVE SESSION and/or ADJOURNMENT
MOTION by Tim Pudvar, SECOND by Robert Roesler, to adjourn the meeting. VOTING: unanimous (5-0); motion carried.
 
The meeting was adjourned at 10:30 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

September 25, 2012
 
MEMBERS PRESENT:        Bill Smith (Chairman); Tim Pudvar, Al Gobeille, Gary von Stange, Robert Roesler.
ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Finance Director; Dean Pierce, Town Planner.
OTHERS PRESENT:           Matthew Ottinger, Jane A’Lee Heyerdahl, Eugene Heyerdahl, Brian Precourt, Margaret Ottinger, Harvey Ottinger, Kathy Twombly, Linda L’Esperance, Peter Gibbs, Chris Johnson, Heather McKim (Shelburne News).
 

1.         CALL TO ORDER
Chairman Bill Smith called the meeting to order at 6:35 PM.
 
EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSIING CONTRACTS AND LITIGATION
 
MOTION by Tim Pudvar, SECOND by Gary von Stanbe, to enter Executive Session for the purpose discussing contracts and litigation. VOTING: 5 in favor; 0 opposed; motion carried.
 
The Board went into Executive Session at 6:35 p.m.  The Board exited Executive Session at 7:00 p.m.
 
Chairman, Bill Smith, called the regular meeting to order at 7 PM.
 
2.         APPROVAL OF AGENDA
There were no changes to the agenda.
 
3.         APPROVAL OF MINUTES
September 11, 2012
MOTION by Robert Roesler, SECOND by Tim Pudvar, to approve the minutes of September 11, 2012 with the following clarification(s)/correction(s):
Page 9, Grand List Adjustment, Yankee Doodle Motel – change the assessed value amount of $450,900 referenced in this agenda item and motion to $450,200.
VOTING:  unanimous (5-0); motion carried.
 
4.         CITIZEN PARTICIPATION
None.
 
5.         ANNOUNCEMENTS
None.
 
6.         MANAGER’S REPORT
Town Manager, Paul Bohne, reported on the following:
  • Road work continues at Harbor Road and Route 7. The work is mainly being done at night and is moving along quickly. Residents are asked to be patient with the noise and traffic delays. Reforming the curbing will be done next. Paving is expected to begin in about three weeks. Four crosswalks will be installed.
 
7.         OLD BUSINESS
Presentation/Discussion of Proposed Amendment to the Zoning Bylaws and Subdivision Regulations and Consider Setting Date for Public Hearing
Dean Pierce, Town Planner, gave a brief synopsis of the proposed changes to the zoning bylaws and subdivision regulations noting the following:
  • Changes to the zoning bylaws respond to concerns about building design in the Shelburne road corridor and policies in the Town Plan. The changes come into play in the Mixed Use zoning district with commercial and mixed use PUDs.
  • The bylaw amendments create a role for the Design Review Commission to provide comment and advice to the DRB. Also, review standards have been modified, specifically addressing quantitative requirements. Definitions have been amended as indicated (for example, to include a definition of “to human scale”).
  • The subdivision regulations amendments propose to correct outdated references and language, address storm water regulations and environmental standards, simplify boundary line adjustments, address the undevelopable land issue, and other items.
 
There was further discussion of quantitative requirements in the bylaws. Gary von Stange questioned if the proposed changes make it more difficult for a developer to know what is required. Brian Precourt stated the Planning Commission felt the checklist design approach may not bring in good design of buildings so the language was changed.
 
MOTION by Robert Roesler, SECOND by Tim Pudvar, to schedule a public hearing on October 23, 2012 to further discuss proposed amendments to the zoning bylaws and subdivision regulations. VOTING: unanimous (5-0); motion carried.
 
Authorize Town Manager to Execute Application for a $15,000 Municipal Planning Grant to Analyze Current and Future Land Uses in Concert with a New Grid Street (i.e. Loop Road)
Paul Bohne explained the potential for a municipal planning grant to be used for a study of the loop road and impact on the intersection of Harbor Road/Falls Road/Route 7 plus Church Street/Falls Road (e.g. essentially expand the current Stantec study) and to look at the impact on traffic by the new grid street (loop road) and connection with the Harrington Village project and the intersections. Additional considerations are land use impact to include an assessment of the impact on market potential of parcels within the loop road area, regulatory and infrastructure issues, and an update of the parking analysis. The resolution in support of the grant application and matching funds if the agreement is over $8,000 was read. Paul Bohne noted funds from the Planning and Public Works budgets will have to be reallocated for the match.
 
Gary von Stange mentioned the need to properly notice the grant being used for the loop road rather than for work with form based code as was discussed at the last Selectboard meeting so residents are provided the opportunity for comment. Tim Pudvar pointed out the loop road was listed as a priority at the Selectboard retreat and it will be better to have discussion of the loop road with information that the grant funding will provide.
 
MOTION by Al Gobeille, SECOND by Robert Roesler, to authorize the Town Manager to execute the application for a $15,000 municipal planning grant to analyze current and future land uses in concert with a new grid street (i.e. loop road). VOTING: 4 ayes, one nay (von Stange); motion carried.
 
Presentation on Cost and Proposal to Install Streetlights Requiring New Poles and Underground Electric Wiring and Approve Installation Schedule
Bill Smith summarized the new estimate from Green Mountain Power for streetlights and associated work is $3,750 per light up to $9,271 per light (light at Stokes/School intersection). The budget in the current year is $25,000 and does not cover the full cost based on the new estimate. The total budget for six streetlights is $34,500. The estimate for the light at Ridgefield Road is separate. Paul Bohne added Green Mountain Power has finally committed to make changes on the pole mounted lights. The cost of this is also part of the $25,000 budget.
 
Tim Pudvar expressed concern that residents have now become accustomed to a streetlight by their house and that light may be removed. There was discussion of being proactive and sensitive to the matter by notifying residents and reminding them of the streetlight policy (and also that there is an appeal process available to them).
 
MOTION by Robert Roesler, SECOND by Tim Pudvar, to install streetlights as follows:
·       Corner of Heritage/School (cost of $3,570);
·       Corner of Fletcher/School (cost of $6,000);
·       Corner of Davis/School;
·       Fletcher Corner;
·       Ridgefield Road;
·       Postpone installation of a streetlight at the corner of Stokes/School due to the cost of the lamp ($8,860 to $9,271).
DISCUSSION: Gary von Stange pointed out the language in the policy mandating a streetlight at Ridgefield Road. There was discussion of the difference in cost for the lights mainly being due to the installation. Comment was made by residents (Chris Johnson and Margaret Ottinger) about possibly reducing cost by using existing wires or prior locations of streetlights. Paul Bohne explained Green Mountain Power advised on the closest location for a power connection to lights on School Street. The existing wires are no longer connected (dead lines) and new lines are needed to the transformer. Matt Ottinger, resident, recalled the money saved by not having streetlights ($56,000 over two years) and the town just purchased a rescue boat so there is money in the budget and that money should be used for the new streetlights which are needed and must be installed for the safety of school children walking to/from school. Harvey Ottinger, resident, questioned how the cost estimate increased from the original estimate and reminded the Selectboard of the commitment to put in the streetlights. Paul Bohne explained the original assumptions for the cost to bring power to the poles were off. Kathy Twombly, resident, asked if there was authorization for the Town Manager to remove the streetlights, adding the entire process seemed flawed. The Selectboard confirmed awareness of the matter though the extent of the removal may not have been known. There was discussion of companies other than Green Mountain Power being able to install the lights. The town can do the underground work, but Green Mountain Power must connect to the transformer. Green Mountain Power provided an estimate from a boring and trenching contractor which Shelburne’s Public Works Director found to be reasonable.  Al Gobeille commented the issue is deciding the threshold for a light being too expensive. Peter Gibbs, resident, mentioned pushing an installation to a future budget rather than eliminating it from the list. Jane A’Lee Hayerdahl suggested eliminating the streetlight at the corner of Davis/School and keeping the light at Stokes/School because the corners of the streets are so close to each other so one light may suffice. Al Gobeille commented he cannot support the motion because it does not make logical sense. There were no further comments.
VOTING: 4 ayes, one nay (Gobeille); motion carried.
 
Bill Smith stated the town will move forward with the installation of the lights as noted and others at a future date. There was mention of using larger wattage (30) in the streetlight at Stokes/School for more light.
 
8.         NEW BUSINESS
Approve Agreement between Town of Shelburne and Shelburne Bay Senior Living to Settle a Violation of the Zoning Bylaws
Paul Bohne explained the town felt Shelburne Bay Senior Living started construction on a project without permits. A notice of violation was issued, but not remedied. The appellant appealed in court. No settlement was reached. The town made an offer of agreement to include a fine of $4,000 paid by Shelburne Bay Senior Living and the town will issue a letter saying Shelburne Bay Senior Living is in compliance with the town’s zoning regulations. Shelburne Bay Senior Living accepted the town’s offer.
 
MOTION by Robert Roesler, SECOND by Tim Pudvar, to approve the agreement between the Town of Shelburne and Shelburne Bay Senior Living to settle a violation of the zoning bylaws to include a fine of $4,000 to be paid by the appellant and the town issuing a letter stating Shelburne Bay Senior Living is in compliance with the town’s zoning regulations. VOTING: 4 ayes, one nay (von Stange); motion carried.
 
Authorize Town Manager to Sign Three Year Labor Contract with Local 1343 of the American Federation of State, County and Municipal Employees, Council 93, AFL-CIO Covering the Police, Maintenance, Water and Wastewater Employees
Bill Smith explained the agenda item was removed because the contract was not delivered to the Town Manager in time for review prior to the meeting.
 
Selectboard Questions or Comments
Al Gobeille mentioned he is trying to schedule a public meeting to discuss his social services committee proposal and will report the results to the Selectboard.
 
9.         EXECUTIVE SESSION and/or ADJOURNMENT
MOTION by Al Gobeille, SECOND by Gary von Stange, to adjourn the meeting. VOTING: unanimous (5-0); motion carried.
 
The meeting was adjourned at 8:19 PM.
 
RScty:MERiordan

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5420 Shelburne Road
Shelburne, VT 05482
phone: 802-985-5110
fax: 802-985-9550


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