TOWN OF SHELBURNE

 

MEMBERS PRESENT:       Jim Dudley, Chairperson; Chris Neme, Lisa Levine, Chris Boyd, Jim Talley.

ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer.

OTHERS PRESENT:            Don Sharp, Ellie Byers, Derick Senior, Monica Vargakopoulos, Dorothea Penar, Bill Rockford, Dick Reid, Susan Davis (Shelburne News).

 

The Selectboard entered Executive Session at 6 p.m. for the purpose of discussing personnel and litigation matters, and invited the Town Manager to attend. Executive Session was adjourned at 7 p.m.

Mr. Bohne, Town Manager, called the meeting to order at 7:00 p.m. and stated the first order of business is to nominate and elect the Selectboard Chair and Vice Chair.

 

 

James Dudley assumed the duties of Chairman and facilitated the meeting.

 

Add:     Item 5).  Shelburnewood Park Update

10(a).  Approve and Sign Bond Anticipation Note for Route 7 Sewer Project.

 

Ellie Byers, Creekside resident, expressed concern about the proposed VELCO above-ground transmission line along Harbor Road and requested the Selectboard do everything possible to stall construction of the line.  A proposition will be presented at the next Selectboard meeting. The Selectboard and Ad Hoc VELCO Committee were thanked for their efforts on behalf of the town.

 

Derick Senior, resident, recalled no clear answers were brought forth at the Annual Town Meeting regarding the VELCO proposed route line, but there was agreement the situation needed a fresh look and the Selectboard should pursue this. Much work was done on Plan B and $130,000 was spent.  Mr. Senior reviewed attorney James Dumont’s qualifications and involvement with the VELCO/PSB hearings on behalf of New Haven, and proposed the Town consult with Mr. Dumont.  The Board is being asked to consider funding a second opinion, continued Mr. Senior, and should the Board not fund a second opinion, then concerned citizens will pay Mr. Dumont’s fees.  Costs could be reduced by partnering with other towns.  Mr. Neme asked the basis for seeking a second opinion.  Mr. Senior replied the basis is the brief filed by Shelburne and the options. There was discussion of the 244-page PSB decision. Mr. Dudley said competent legal counsel reviewed the decision. Also, the town has a committee and legal counsel working on the matter.  Mr. Senior stated a second opinion will not cost the Town anything, and there is potential to tap into Mr. Dumont’s outside knowledge with regard to an option to the VELCO route.  Ms. Levine spoke in favor of a second opinion and asked for comments from the Ad Hoc VELCO Committee.  Bill Rockford, Ad Hoc Committee, said the committee agrees Mr. Dumont is one of the most knowledgeable and involved people in the issue.  Mr. Neme pointed out Mr. Dumont will not know the advice provided by the town’s legal counsel. Additional information is always useful, but there is reluctance to spend more taxpayer money to seek that information. The Board is receptive to information brought forth by individuals though. Mr. Senior stated Mr. Dumont has no conflict of interest and is willing and available now, but he may not be available in two weeks.

 

Bill Rockford noted the appeal process clock will start in the near future.  Mr. Bohne suggested adding the topic to the Selectboard agenda in two weeks time. The Board thanked Mr. Senior, Ms. Byers, and the Ad Hoc VELCO Committee for their input.

 

Mr. Bohne reviewed the request by Don Sharp for relief from impact fees for a preschool in a former single family residence.  Staff researched the proposal and found the lot was too small to subdivide.  Two single family residences on the lot would not be allowed.  An ancillary or accessory apartment is an allowable use, but the permit process would be triggered and recreation and education impact fees could be applicable. Mr. Neme asked if the new home could be rented out to a family with children.  Mr. Bohne confirmed this. Mr. Dudley asked for clarification of the proposal (i.e. new residence or addition to the existing structure).  Mr. Sharp stated the proposal is intended as an addition, but due to the setbacks and septic location, the construction can not physically be attached to the existing structure.  Mr. Neme asked if the structure housing the preschool is classified as a residence by the Town.  Mr. Sharp explained the three-bedroom ranch house built in the 1950s was converted into a preschool.  The addition of a living area (residence) was planned, but on the advice of the Town, the structure has been converted legally to a residence and an addition will be built. Mr. Bohne noted staff is examining the zoning bylaws.  The recommendation given to Mr. Sharp was to change the classification of the structure to a residence, build the addition, then revert back to a business.  Mr. Sharp stated the preschool is in operation currently.  In order to operate the preschool, the house had to be converted into a business.  A single family residence in the home business is still desired.  Mr. Neme asked if impact fees are associated with the residence now.  Mr. Bohne said the Town is trying to be sensitive to the Sharp’s situation.  Mr. Dudley pointed out that converting a business into a residence might be subject to impact fees, but at one point in time, the house was a residence.  Mr. Neme expressed concern about converting a business that will not bring children into the school system into a residence with a business that could bring children into the system. Mr. Dudley observed an addition could turn the single family structure into a duplex which would trigger impact fees.  Mr. Sharp stated the addition is more like an outbuilding.

 

Mr. Bohne reviewed the proposal by the owners of Shelburnewood (mobile home) Park to close the park and sell the property to a private developer.  A court ordered legal notice directing the park owners (Thomas) to issue an intention to sell the park has not been executed yet. The Town met with residents of the park to explore resources to relocate and help the residents in the event a notice to sell is issued.  The Vermont Community Land Trust will offer assistance in establishing credit histories and to help people through the home ownership process.  The Land Trust owns properties where homes are built and sold to qualified buyers (there are current projects in St. Albans and Swanton). The State will assure regulations are followed when mobile home parks are sold.  The Town can apply for two federal HUD grant applications, one for relocation (must be 80 percent or below the median income in Chittenden County) and one that awards funding to purchase a mobile home park by the park association.  The Champlain Valley Office for Equal Opportunity (CVOEO) would administer the municipal grant for relocation, and the Opportunities Credit Union would administer the purchase grant.  The Vermont Housing Conservation Board expressed interest in purchasing development rights to some of the park property. Ms. Levine asked if any of the new affordable housing units off Route 7 are available.  Mr. Bohne replied the units are full with one or two available in the Cynosure Drive project.

 

Mr. Bohne noted the Zoning Administrator prepared a conceptual livable area report regarding potential development of the site which includes housing density, topography, wetlands, viewshed, and LaPlatte River information. Mr. Neme asked if there is a developable area that could bring in revenue.  Mr. Bohne replied with the addition of some mobile home sites, the park could be made more economically feasible.  Zoning allows 10,000 s.f. per unit.

 

Monica Vargakopoulos, Shelburnewood park resident, thanked the Selectboard for their work on options in addition to relocation.  Park residents have spoken with the Vermont Housing and Conservation Board.  Jim Tewkesbury has written a Rapid Ecological and Social Assessment of Shelburnewood Park.  The report detailed the value of the park as open space in Shelburne.  There has been no communication from the Thomas family at this time.

 

Mr. Bohne mentioned the $2 million option on the park, and $200,000 available toward the purchase price.

 

Mr. Bohne announced action on appointments will take plan 04/01/05 with the exception of the CCRPC, CCMPO, CCTA, and CSWD appointments. People interested in serving on a committee should contact the Town Manager.  Interviews will be held 03/22/05. Mr. Dudley suggested there be further discussion of Selectboard members interested in serving on the RPC, MPO, and CSWD.  CCTA and Water Commission positions will be advertised in the Shelburne News.  A member of the Selectboard is needed as a point of contact for various committees (Recreation and Natural Resources, Planning Commission, and Paths Committee).

 

Mr. Dudley volunteered to continue as the MPO representative.

 

Peter Frankenburg, Financial Officer, prepared a schedule for approval of warrants by the Selectboard. Mr. Talley will cover the last two weeks in June for Ms. Levine and Mr. Boyd will review warrants for Mr. Dudley in January.

 

Mr. Bohne reviewed that $4,000 was budgeted as matching funds in anticipation of receiving a Certified Local Government Grant to update the 1988 Village Plan. There was discussion of the Design Review Committee process based on presented architectural design problems and public input, the meeting scheduled on 03/24/05 with Michael Munson to revise the Village Plan relative to redevelopment in Shelburne and a proposed loop road, and adding a “Village Plan” section to the Town Plan.  Mr. Bohne noted the village core is a National Historic District.

 

 

9.         SELECTION OF DATE/TIME FOR THE SELECTBOARD SEMI-ANNUAL RETREAT

The Selectboard set Saturday, 03/26/05, 8:30 a.m., for the Selectboard semi-annual retreat. Mr. Dudley will summarize the last two Board retreats and send the information to the Board. Topics/agenda items should be e-mailed to the Town Manager.

 

Mr. Bohne stated that there are no issues with the proposed requests for liquor license renewals with the exception of one incomplete application. The Board signed the liquor license renewals as presented.

Mr. Bohne reviewed the proposal to borrow $300,000 to be repaid when reimbursement funds are released by the state in six months. 

 

The Board signed the document(s).

 

 

Mr. Bohne reviewed the following:

 

Mr. Talley and Mr. Boyd thanked for the support of town residents in electing them to the Selectboard.

 

Mr. Neme announced his potential absence from the 3/22/04 Selectboard meeting. There was discussion of changing the meeting date to 3/29/05.

MOTION by Mr. Boyd, seconded by Mr. Neme, to adjourn the meeting. VOTE:   unanimous (5-0); motion carried.

 

The meeting adjourned at 8:45 p.m.

 

 

 

Accepted,

James Dudley, Chair

Shelburne Selectboard

 

MEMBERS PRESENT:       Jim Dudley, Chairperson; Chris Neme, Lisa Levine, Chris Boyd, Jim Talley.

ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer.

OTHERS PRESENT:            Tucker Holland, Reg Gignoux, Tim Fluck, Dean Pierce, Hilda White, George Faris, Rick Peterson, Derrick Senior, Dorothea Penar, Bill Rockford, Gregg Beldock, Dick Reid, Susan Davis (Shelburne News), and others.

 

(NOTE:  The agenda was heard out of order but appears in the minutes as warned.)

The Selectboard entered Executive Session at 5:30 p.m. for the purpose of discussing personnel matters, and invited the Town Manager to attend. Executive Session was adjourned at 7:15 p.m.

Mr. Dudley called the meeting to order at 7:20 p.m.

 

There were no changes to the agenda.

 

Derrick Senior, resident, provided the Selectboard with a memo and information on “next steps” with regard to the Shelburne/VELCO situation.  The memo outlined an assessment by attorney James Dumont of the Supreme Court’s review of Shelburne’s options, specifically Footnote #148.  Mr. Dumont’s findings support the need for Shelburne to appeal the Public Service Board (PSB).  The State does not have an energy comprehensive Plan which leaves the energy companies to do the planning.  There are no considerations for other solutions versus putting up lines.  Mr. Senior expressed concern the Town has not challenged the “need”.  There will be a 100’ clear-cut swath across the town of Shelburne. The Town is paying for the lack of state planning. There are four legislative initiatives to stop this, stated Mr. Senior. A summary of Mr. Dumont’s findings were reviewed. Mr. Senior urged the Town to work for Plan B and not compromise.  The Selectboard should call for a special meeting.  April 11^th is the last chance to affect a change through an appeal. Chris Neme noted if VELCO appears before the PSB with an alternate plan to ‘undergrounding’, then the Town can appeal to the PSB, and beyond if the town does not support the PSB decision.  Footnote #148 was read aloud. Mr. Senior noted Footnote #148 is weighted in favor of VELCO.  The Town will not have the chance to appeal later. The Town could lose the 1.4 mile underground solution if VELCO proposes an alternative and the PSB approves it.  Mr. Senior asked the Selectboard to consider joining other towns in an April appeal, which could then raise a number of issues.  Mr. Dudley said the Board will take the matter under consideration.

4.         PRESENTATION BY THE REGIONAL PLANNING COMMISSION OF RECOMMENDED HOUSING TARGETS FOR SHELBURNE

Mr. Bohne introduced Tim Fluck, Chittenden County Regional Planning Commission (CCRPC) representative, and said that the CCRPC approved the Housing Task Force Needs Assessment.  For Shelburne the housing target (not a quota) is 531 additional units between Year 2000 and Year 2010.  There was a presentation on the Housing Task Force recommendations. In response to question on the price of homes, Mr. Fluck will forward information on the average price of a house, including rentals.  As new more expensive housing is built, the existing homes are seen to drop in value using a formula, which is termed “filtering”.  Town build-out plans are an important guide when updating town plans.  CCRPC will provide technical assistance to generally address various housing issues and work with town staff and planning commissions to identify barriers and strategies.

 

Ms. Levine asked for the number of housing units available in surrounding counties.  Mr. Fluck explained the four neighboring regional planning commissions have said their towns are being overwhelmed with growth (mainly commuters working in Chittenden County and residing outside Chittenden County). There is an effect on the state transportation system as the number of commuters increase. Mr. Bohne noted that Shelburne has 47 new moderate housing units at Shelburne Bay Senior Living Center.  Mr. Dudley asked for housing numbers over a ten year span to assess where Shelburne stands.

 

Mr. Neme asked for clarification regarding the allocation formula used by the task force, and the purpose of the indicators.  Mr. Neme suggested the number of jobs in 2010 is an important indicator not used in the study.  Also missing is access to public transportation.  Mr. Fluck explained the task force wanted to get communities to think about housing. The target was total housing for the entire county and everything falls from that.  Limited infrastructure and community policies on a rural landscape could be locally limiting barriers.  Mr. Neme suggested existing zoning and employment should be weighed more than growth.  Jim Talley pointed out “smart growth” is embodied somewhat and housing could be shifted closer to where employment growth is taking place.

 

Mr. Talley asked for clarification regarding the planning zones and percentages for Shelburne. Mr. Fluck explained there are five different planning zones in the Regional Plan.  In a rural district, for example, development is not as highly recommended.  Much of Shelburne is in “other” planning areas designated as higher development (especially the east side of Shelburne) versus Underhill, as an example, that has large areas of developable rural areas.

 

Rick Peterson, Chairman of the Shelburne Planning Commission, reported the Planning Commission met with representatives from the Shelburne School Board to discuss reasonable growth and not overwhelming town services.  Mr. Peterson said he thought Shelburne was close to the targets.  Reg Gignoux, Shelburne Planning Commissioner, asked if job projections over the next five years match the forecasted 10,000 housing units.  Mr. Fluck stated the number of housing units was a number identified in two studies (one done by the state and one done by the CCMPO in 2000-2001). The forecasts suggest 13,000 housing units are needed by 2010.  The employment forecasts were done before the September 11 tragedy and the IBM layoffs.  The task force felt the results from the two studies were too high and discounted the employment growth and the 13,000 housing units.

 

There was further discussion of the housing targets. Hilda White, Shelburne Planning Commissioner, suggested every town should have consideration for low-density rural districts. Mr. Fluck noted base targets should be viewed as a starting point of what is achievable.  There will be reassessment of the eight factors and seven recommendations. The formula can be adjusted.

 

Tucker Holland, Shelburne Planning Commissioner, expressed concern Shelburne is viewed as a bedroom community to Burlington while Underhill is not, and Shelburne has rural characteristics that attract people. Also, the town is committed to protecting open land.

 

5.         REQUEST FROM FIELDHOUSE MANAGEMENT LLC FOR WAIVER OF IMPACT FEES FOR HARRINGTON CIRCLE

Attorney George Faris, Gregg Beldock with Fieldhouse Management LLC, and Amy Demetrowitz with the Burlington Community Land Trust appeared before the Selectboard to request waiver of impact fees related to the Harrington Circle affordable housing project.  Mr. Faris defined affordable housing and noted that the Harrington Circle project will provide 14 affordable housing units in Shelburne. Ms. Demetrowitz explained the Burlington Community Land Trust will purchase the 14 units currently under construction. The energy efficient units will be sold for a maximum price of $196,900. A grant will bring the price down to $166,900.  A covenant in the deed will keep the units affordable to the next buyer upon re-sale. The Land Trust is actively marketing the units.  Interest is 4.05% through Land Trust financing.  Six of the 14 units are already reserved. Ms. Demetrowitz explained according to the formula for median income, 33% of the wage earner’s income goes to housing.  Ms. Demetrowitz provided the Selectboard with brochures about the Burlington Land Trust.

 

Attorney Faris stated the Shelburne Planning Commission concurred and supported a waiver of fees at the March 10, 2005 meeting. The impact fee ordinance provides for a waiver of the education, recreation, and aid-in-expansion fees of 85% plus 5% for the perpetual covenant for median income affordable housing.  The housing project is in the middle of the village. Residents can walk to services. The project epitomizes smart growth.

 

Mr. Bohne noted the aid-in-expansion fee ordinance allows the Selectboard to grant percentages.  The Board did waive some of the fee for the Ockert Lane project.  Mr. Faris pointed out the Ockert Lane project was supported with public funds and grants while the Harrington Circle project is supported by private funding. Gregg Beldock calculated $47,959.40 has been paid in aid-in-expansion fees.  A total of $122,000 in fees have been paid of which $33,000 is educational impact fees and $14,000 is recreation impact fees.

 

MOTION by Mr. Talley, seconded by Mr. Neme, to waive 90% of the education, recreation, and aid-in-expansion impact fees for the Harrington Circle Affordable Housing project.

6.         DISCUSSION AND APPROVAL OF RESOLUTION REGARDING FUTURE VELCO ACTIVITY

Mr. Bohne read the draft VELCO Project Post Certification Resolution.  The Ad Hoc VELCO Committee has been dissolved. Steve Dates, Bill Rockford and Dorothea Penar are named to continue representing the Town of Shelburne in negotiations with VELCO.

 

MOTION by Mr. Neme, seconded by Ms. Levine, to adopt the draft VELCO Project Post Certification Resolution with the following change:

VOTE:  unanimous; motion carried.

 

Staff will re-draft the resolution for Board signature at a later date. Members of the ad hoc VELCO committee were thanked for their professionalism and dedication on behalf of the residents and the town. Bill Rockford, Ad Hoc VELCO Committee Chairperson, thanked all the residents for their time and donations.

 

7.         APPEAL OF PENALTY FOR THE LATE PAYMENT OF PROPERTY TAXES

MOTION by Mr. Neme, seconded by Ms. Levine, to grant a waiver of penalty for delinquent property taxes by Pat Button for the amount of $318.13.

MOTION by Mr. Neme, seconded by Mr. Talley, to waive the penalty for delinquent property taxes by Cesare Bufano for the amount of $71.61.

DISCUSSION:  There was discussion of the timing of the payment, and the incremental payments (three equal installments) and due dates established by the town charter.

VOTE:  4 ayes, 1 nay (Mr. Boyd); motion carried.

 

MOTION by Mr. Neme, seconded by Ms. Levine, to waive the penalty for delinquent property taxes by Marie and Jim Proft for the amount of $142.23.

DISCUSSION: Mr. Frankenburg stated notice of the property tax due dates are published in the local newspaper and The Burlington Free Press. The Profit bill was paid after receipt of the late notice. There was brief discussion of the language of the delinquent tax notice (two letters are sent out and the language has been softened to not be so harsh; the letters were reviewed by the Town Attorney).

    CALL THE QUESTION by Mr. Dudley. Discussion ceased.

VOTE:  0 ayes, 5 nays (Mr. Dudley, Mr. Neme, Ms. Levine, Mr. Talley, Mr. Boyd); motion did not carry.

 

8.         APPOINTMENTS TO BOARDS AND COMMISSIONS

Mr. Dudley said five candidates were interviewed for various board and committee positions.  No CCTA, CCRPC, CCMPO, or CSWD re/appointments will be made at this time.  Steve Dates will attend the 04/13/05 CSWD meeting. Jeff Nick remains the CCRPC alternate.

 

MOTION by Ms. Levine, seconded by Mr. Neme, to appoint Claude Lapierre and Hilda White to the Planning Commission. VOTE:  unanimous; motion carried.

 

MOTION by Ms. Levine, seconded by Mr. Neme, to appoint Milton Edelman and Thomas Koerner to the Zoning Board of Adjustment. VOTE:  unanimous; motion carried.

 

MOTION by Ms. Levine, seconded by Mr. Neme, to appoint Ann Clark and Marvin Thomas to the Recreation Committee. VOTE:  unanimous; motion carried.

 

MOTION by Ms. Levine, seconded by Mr. Talley, to appoint Lisa Perrault and Alice Winn as Pierson Library Trustees. VOTE:  unanimous; motion carried.

 

MOTION by Ms. Levine, seconded by Mr. Neme, to appoint Gladys Oakes to the Cemetery Commission. VOTE:  unanimous; motion carried.

 

MOTION by Ms. Levine, seconded by Mr. Boyd, to appoint Fritz Horton and Thomas Koerner to the Historic Preservation and Review Commission. VOTE:  unanimous; motion carried.

MOTION by Ms. Levine, seconded by Mr. Neme, to appoint Becky Wang and Sean McFaden to the Natural Resources and Conservation Committee. VOTE:  unanimous; motion carried.

MOTION by Mr. Neme, seconded by Ms. Levine, to appoint Catherine Matosky (3 year term), Steve Gronlund (two year term), Carol Cherhoniak (two year term), Gail Henderson-King (one year term), Clarke Hermance (one year term), and Rob Donahue (one year term) to the Bike/Pedestrian Paths Committee with all positions to become three-year terms following the expiration of the current terms. VOTE:  unanimous; motion carried.

MOTION by Ms. Levine, seconded by Mr. Neme, to appoint Pam Brangan to the Parks and Recreation Committee. VOTE:  unanimous; motion carried.

MOTION by Ms. Levine, seconded by Mr. Boyd, to appoint Kate Lalley to the Bike/Pedestrian Paths Committee for a three-year term. VOTE:  unanimous; motion carried.

 

MOTION by Ms. Levine, seconded by Mr. Talley, to appoint Denis Barton to the Water Commission. VOTE:  unanimous; motion carried.

MOTION by Mr. Talley, seconded by Ms. Levine, to appoint Paul Bohne to one-year terms respectively as Emergency Management Director, Town Service Officer, Grand Juror, and Tree Warden. VOTE:  unanimous; motion carried.

MOTION by Mr. Talley, seconded by Mr. Boyd, to appoint Steve Stitzel as Town Attorney for a one-year term. VOTE:  unanimous; motion carried.

MOTION by Mr. Talley, seconded by Mr. Boyd, to appoint Craig Wooster as the Emergency Management Coordinator. VOTE:  unanimous; motion carried.

 

MOTION by Mr. Talley, seconded by Mr. Neme, to appoint Spencer Potter as the Town Assessor. VOTE:  unanimous; motion carried.

 

MOTION by Mr. Talley, seconded by Mr. Boyd, to appoint Dan Couture for a one-year term as Harbor Master. VOTE:  unanimous; motion carried.

 

9.         APPROVAL OF APPLICATION FOR CLASS 2 ROADWAY PROGRAM (paving)

Mr. Bohne reported a Class 2 Roadway Program application for $60,000 has been prepared.  A $15,000 local match is required.  One mile of road will be paved on Dorset Street.

 

MOTION by Mr. Neme, seconded by Mr. Boyd, to approve the $60,000 grant application for the Class 2 Roadway Paving Program as presented. VOTE:  unanimous; motion carried.

 

The Selectboard signed the grant application.

 

The Selectboard signed the liquor licenses applications as presented. 

 

Mr. Bohne reported on the following items:

 

-Mr. Neme reported the application on the speed limit on Route 7 was denied by the state.  Staff will investigate the matter.

 

-Mr. Neme suggested exploring a no-net loss of affordable housing as an ordinance. Following discussion, the Board concurred information should be shared between the Planning Commission and the Selectboard.

 

MOTION by Mr. Talley, seconded by Ms. Levine, to adjourn the meeting. VOTE:   unanimous; motion carried.

 

The meeting was adjourned at 10:30 p.m.

 

Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.

 

 

Accepted,

James Dudley

Chair