MEMBERS PRESENT:       Steve Dates, Chairperson; Jim Dudley, Chris Neme. (Lisa Levine was absent.)

ADMINISTRATION:           Peter Frankenburg, Financial Officer.

OTHERS PRESENT:            Michael Segale, Antonia Bullard, Cheryl Fatnassi, Dan Senecal-Albrecht, Jim Talley, Dick Reid, Chris Boyd, Hollie Fleck (Shelburne News).

 

The Selectboard entered Executive Session at 5:30 p.m. for the purpose of discussing legal matters.  Executive Session was adjourned at 7:00 p.m.

Mr. Dates, Chairperson, called the regular meeting to order at 7:05 p.m.

 

Announcement was made of the Red Cross Blood Drive on Wednesday, February 23^rd, Noon - 5:30 p.m., Town Hall.

 

None.

 

Michael Segale, Fothergill, Segale, and Valley, reviewed the FY04 audit report and related financial reports.  The only significant change from FY03 is adoption of GASB-34. Mr. Segale explained the government-wide financial statements, capital assets (valued at cost and depreciated), general fund balances affected by re-appraisal adjustments to the Grand List in FY04, and legal expenses.  There was brief discussion of Open Space funds treated as a “private purpose” trust (library and some cemetery funds were included rather than being combined with town funds).  Mr. Neme pointed out that not all (open space property) is purchased with town funds and it was appropriate to maintain the Open Space fund as a separate line item.  Mr. Frankenburg noted the Selectboard has control of the trust. There was discussion of water and sewer user fees (assessments), impact fees shown as capital improvement funds, budget-to-actual comparisons (staff is working on relating the items back to what was going on), and an audit recommendation to combine cash accounts where possible.

 

Mr. Dates reported the Town is pursuing potential actions following the Public Service Board’s (PSB) January Northwest Vermont Reliability Project (NRP) ruling. A thirty-day appeal window has been on hold due to the filing by the town of New Haven. Following an Executive Session on 2/22/05, the Shelburne Selectboard under advisement from the Town Attorney decided to take no action at this time on the PSB decision. Members of the VELCO Ad hoc Committee, Meach Cove (Chris Davis) and the Shelburne Selectboard met and discussed the PSB clause regarding potential overhead options in the undergrounding zone. VELCO has already explored overhead line options and found none.  VELCO is agreeable to input regarding transition zones in the north undergrounding section.  VELCO has sixty days to develop a schedule calendar due March 29^th.  VELCO plans to install poles for a 115 kV line next winter.  It is expected details of pole placement, heights, and such will be presented. Prior to any construction, VELCO has 15 days to notify parties; there are opportunities for appeal.

 

Mr. Reid asked for clarification about the Meach Cove section, the proposed line through the Town sand/salt shed area, and the route along the edge of the Blodgett playing fields.  Mr. Dates explained that VELCO expressed interest in moving the line route off the peak of a hill and out of sight of the Shelburne Museum property.  The plan might be agreeable to VELCO and Meach Cove. The next step is to approach the Shelburne Museum.  The sand/salt shed/Harbor Road route is an area of concern with regard to above ground lines. Options could include lower height poles placed near the road edge or taller poles placed on the south side of the road. The Town may be able to utilize a computer graphic program to outline potential solutions.  Data must be gathered.  The 100’ VELCO right-of-way is on town land at the three proposed recreation fields.  Discussions are ongoing with the Nature Conservancy to shift 50’ of the right of way onto Conservancy land and place poles on the property line. Mr. Reid asked if bleachers or a spectator area would be located at the northern most side of the proposed fields, and if so, is there a health risk to being in the proximity of the power line.  Mr. Reid suggested delaying construction of the playing fields until there is resolution of the VELCO issues.  Mr. Dates said he would defer questions to the newly elected Selectboard following town meeting. Mr. Dates opined personally that there likely was not a health hazard, but it would be nice to have the poles as far off the fields as possible. Also, there is a 20-acre area in the center of the field that the Nature Conservancy would like to manage.  Mr. Reid stated the Nature Conservancy has concerns about the original Webb gift of land.  Mr. Dates noted the line route is not a local decision, but made by executives in Boston.

 

Mr. Dudley reviewed the proposal by the Regional Planning Commission and the Lake Champlain Basin Program to design and install three informational wayside signs in town.  The Wayside Exhibit Team committee proposes four possible locations. There was discussion of the three proposed interpretative signs to be located at the Shelburne Bay fishing access, Shelburne Bay trail, and the TiHaul Road path. There are concerns that visitors can not park on the Ti Haul Trail side of the road. A fourth potential sign location is proposed in the village area or as a south-entrance “gateway”. There may be potential to consolidate two of the Shelburne Bay signs into one which would direct visitors to the trails on both sides of the road.  Mr. Neme wanted feedback from the Wayside Exhibit Team on why three signs are proposed within a 150-foot radius.  It was the consensus of the Board to defer action until the next meeting.  There was further discussion of potential locations, such as Shelburne Pond or the east side of the Pierson Green.  Mr. Senecal-Albrecht, Wayside Exhibit Team, pointed out the panel text (on the sign) will engage visitors in history of the town.  Next steps include drafting storyboard text for Board review.  A fourth panel should provide an overview of the town to develop a “sense of place”.

 

Antonia Bullard, Opportunities Credit Union, provided an information sheet outlining the proposal to the Town of Shelburne to apply to the Vermont Community Development Program for a $746,750 Implementation Grant.  The next grant cycle is April 26, 2005.  Swanton and Addison County towns are potential partners as well. Ms. Bullard reviewed the credit union’s social mission and membership.  The public hearing to be held on April 21, 2005 must be warned by April 6, 2005. A draft of the grant application will be forwarded to the Board for review. The draft will include energy efficiency provisions. Shelburne will be the lead town on the application. Opportunities Credit Union will administer the program. Mr. Dates asked if the program will pay to relocate mobile homes.  Ms. Bullard stated HUD has been contacted for clarification on the issue.

 

Mr. Frankenburg gave a brief history of homestead filing related to Act 68 and the April 15^th annual requirement to re-file annually.  Mr. Frankenburg explained Ms. Maynard, new owner of the subject property, did not file a homestead declaration when the property was transferred on 4/01/04.  There is a seven-cent rate differential between residential and non-residential.  In the past the Board has waived or abated the fees. The new owners will have to file a homestead declaration next year.

 

MOTION by Mr. Dudley, seconded by Mr. Neme, to abate the amount of $165.81 for relief of the penalty for Homestead filing for Sandra Maynard due to a misfiling of the Homestead Declaration.  VOTE: unanimous (3-0); motion carried.

Mr. Dates reviewed the request by Jeffrey and Lauren Lawson for 140 gpd sewer allocation for an accessory apartment located at 1007 Falls Road.  Mr. Neme asked how the 140-gpd allocation is calculated and who (what governmental body - local or state) determines the amount.  Staff will research the allocation amount.

 

MOTION by Mr. Neme, seconded by Mr. Dudley, to grant Lauren and Jeffrey Lawson a sewer allocation of 140 gpd from Wastewater Plant #2 for an accessory apartment located at 1007 Falls Road as presented.  VOTE:  unanimous (3-0); motion carried.

Mr. Dudley stated he asked the Town Manager for clarification of when the Sharp building was granted status as a stand-alone business. Mr. Neme stated the Sharp’s are using the structure as a business and want to add a residential unit.  There is question as to whether impact fees will apply if the space is returned to residential use when the business function ceases.  Mr. Frankenburg stated according to the Zoning Coordinator the building will be treated as a multi-family dwelling. There was lengthy discussion of the history of the building ownership and use, sequence of events (the structure pre-dates impact fee ordinances), whether the proposed addition will attach to the existing structure or be a separate structure, and the state statute definition of an accessory apartment (Mr. Boyd said square footage must be 30 percent or less of the primary space, connected to the main building, but not necessarily having a common entrance).  Mr. Frankenburg read the town ordinance.

 

MOTION by Mr. Dudley, seconded by Mr. Neme, to waive the Educational and Recreation Impact fees for a proposed expansion of an existing dwelling owned by for Don and Sheila Sharp and located at 816 Bishop Road.

MOTION by Mr. Dudley, seconded by Mr. Neme, to approve the minutes of 01/04/05 as written.  VOTE: unanimous (3-0); motion carried.

 

MOTION by Mr. Dudley, seconded by Mr. Neme, to approve the minutes of 01/25/05 as written.  VOTE:  unanimous (3-0); motion carried.

MOTION by Mr. Dudley, seconded by Mr. Neme, to approve the minutes of 02/02/05 as written. 

DISCUSSION: Mr. Neme pointed out he was not in attendance at the 02/02/05 meeting.  It was noted action must be taken on the minutes because with only four members on the Selectboard, there will not be more than two of the attending Board members at the next meeting to approve the minutes and Mr. Dates’ term will expire. 

VOTE:  unanimous (3-0); motion carried.

 

MOTION by Mr. Dudley, seconded by Mr. Neme, to approve the minutes of 02/15/05 with the addition of a notation that the Selectboard entered Executive Session, adjourned Executive Session and reconvened the regular meeting. VOTE: unanimous (3-0); motion carried.

 

None.

 

Mr. Neme and Mr. Dudley thanked Mr. Dates for his many years of service to the Town of Shelburne, noting the time, effort and care that Mr. Dates brought to the table will be missed.

MOTION by Mr. Dudley, seconded by Mr. Neme, to adjourn the meeting. VOTE: unanimous (3-0); motion carried.

 

The meeting was adjourned at 8:55 p.m.

 

Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.

  

Accepted,

Stephen B. Dates

Chairman