Selectboard Meeting Minutes

TOWN OF SHELBURNE SELECTBOARD MINUTES OF MEETING MARCH 26, 2002 MEMBERS PRESENT: Steve Dates, Steve Good, Norm Silcox, George Faris. (Ken Albert was absent.) STAFF PRESENT: Paul Bohne, Town Manager\; Peter Frankenburg, Financial Officer. OTHERS PRESENT: Kris Wernhoff, Stephanie Wernhoff, Dan Senecal-Albrecht, Dana Farley, Sue Davis, Shelburne News. 1. CALL TO ORDER Mr. Dates, in the absence of Chairman Albert, called the meeting to order at 7:05 p.m. 2. APPROVAL OF AGENDA The agenda was approved as presented. 3. APPROVAL OF MINUTES MOTION by Mr. Silcox, seconded by Mr. Faris, to approve the minutes of 03/12/02 with the following additions: Page 2, line 2 - change to read “…relates to regional bike paths.”\; Page 4, #8, 1st sentence - delete the “(subset of the zoning…will serve the Town)”\; Page 4, last sentence - after the word “held” add “prior to construction.”\; Page 6, motion to adjourn Executive Session and the regular meeting – “MOTION by Mr. Good, seconded by Mr. Silcox, to adjourn Executive Session. VOTE: unanimous\; motion carried. Executive Session was adjourned at 10:29 p.m. MOTION by Mr. Good, seconded by Mr. Dates to adjourn the meeting. VOTE: unanimous\; motion carried. The meeting was adjourned at 10:30 p.m.” VOTE: unanimous (4-0)\; motion carried. 4. CITIZEN PARTICIPATION There were no comments. 5. PURCHASE OF LaFONTAINE PROPERTY Ms. Farley, Town Planner, reviewed her memo, dated 03/14/02, regarding the purchase of the LaFontaine property. The Natural Resources and Conservation Committee recommends the Town use Conservation funds for the purchase. The land would be a link for a proposed neighborhood path between Webster Road and the Village. MOTION by Mr. Silcox, seconded by Mr. Good, to approve the purchase of the LaFontaine property as recommended in a Town Planning memo, dated 03/14/02, for a purchase price of $8,000. DISCUSSION: Ms. Farley reviewed the history of the purchase started in 1999, documented in a letter from Kate Lampton, dated 06/12/00. The Town has assessed the LaFontaine property at $15,000. Mr. LaFontaine agreed to a purchase price of $8,000. Mr. Faris asked if there would be any interference with the State right-of-way along Route 7. Ms. Farley will research right-of-way issues. Mr. Bohne noted there is an auto access as well as the proposed pedestrian/bike path route to the river. VOTE: unanimous (4-0)\; motion carried. 6. OPEN SPACE PLAN Ms. Farley reviewed the draft Shelburne Open Space Plan, dated 03/07/02. The Natural Resources and Conservation Committee drafted a preliminary budget. The Committee also examined open spaces plans from surrounding towns. The Open Space Plan could be very simple or concise, and could be incorporated into an update of the Shelburne Town Plan. A preliminary budget of $15,000 has been drafted to include funding for a planning consultant and wages for a graduate student. Next steps include discussion for town support and to explore a funding commitment. Mr. Silcox suggested contacting the UVM School of Natural Resources for a junior year student. There may be no charge for a student. Ms. Farley said that all possibilities were being examined. Mr. Dates pointed out that the total draft budget was $10,000 in the memo dated 03/07/02. Ms. Farley explained that the $15,000 figure was more realistic. Mr. Dates asked why the committee had not approached the Selectboard regarding the draft budget when the Town budget was being developed. It was noted the committee was not at the point of considering a funding source at that time. Now the committee was seeking financial support from the town to leverage grant applications. Mr. Bohne suggested Regional Planning might do free mapping as part of the project. Regarding funding sources, there were Recreational Reserve funds, Bay Park funds, or Landscape Escrow funds that could be used for the project. Mr. Dates asked for more information regarding available funding and clarification of a Scope of Work. An update could be provided at the next Selectboard meeting. It was the consensus of the Selectboard to support the intent of a proposed Shelburne Open Space Planning document. 7. STORMWATER REGULATIONS – Presentation Ms. Farley reported stormwater regulations were a “moving target”. The information forwarded was an effort to educate the Selectboard, and is a good reference to the on-going process. At some point the State will provide a list of stormwater permits to determine if the Town was in compliance or not. Figuring out who is responsible or who pays what might be a premature concern. There is a stakeholders meeting planned with Regional Planning. The State recognizes that the Stormwater Management proposal is an unfunded mandate to the towns. Mr. Bohne said that the State could not be counted on for support. It was unclear how to establish a base line for “what needs to be approved”. Also, it was unknown how many discharge permits Shelburne has. The Legislature was looking at allowing towns to develop a Stormwater Utility to charge back costs for stormwater maintenance. Mr. Silcox observed there are many questions, such as how to measure pollutants, how to determine impaired streams, and how VTrans, the biggest “impairer” in the State, figures in. Mr. Bohne stated a “best practices” design was being examined. Mr. Faris noted the EPA has some measurements already. Mr. Silcox suggested a ‘National Bureau of Standard Measurements’ is needed. 8. DESIGNATION OF AUTHORITY TO ISSUE CURB CUT PERMITS MOTION by Mr. Silcox, seconded by Mr. Good, to authorize the Highway Superintendent to review and approve curb cut permits for Town highways. VOTE: unanimous (4-0)\; motion carried. 9. DESIGNATION OF AUTHORITY TO APPROVE ORDERS MOTION by Mr. Silcox, seconded by Mr. Good, to approve a Designation of Authority to approve orders from April 2002 to March 2003 as noted in a memo from the Financial Officer, dated 03/22/02. VOTE: unanimous (4-0)\; motion carried. 10. APPROVAL OF DEVELOPEMENT SPECIFICATIONS Mr. Dates reviewed the draft Development Specifications and Selectboard concerns about authority to waive specifications for items such as paving roads in private developments. It was unclear how to stop exceptions, said Mr. Dates. Mr. Bohne noted that was covered in the Subdivision Regulations. Mr. Faris clarified that any waiver requested was reflected as a condition in the deed. MOTION by Mr. Silcox, seconded by Mr. Good, to approve the proposed Development Specifications, dated 02/26/02, as presented. DISCUSSION: Mr. Faris suggested Section 2.0 (page 8) be Section 2.2, and that certification from the developer’s project engineer be required to provide for recourse by the town should a system fail. Mr. Bohne explained the procedure in place presently regarding review of developments. Mr. Dates asked if a document was required for property inspection. Mr. Bohne confirmed all work was inspected, but not all work is documented. For example, concrete pours are documented, but all sewer work is visually inspected and passed. Water lines are inspected and documented. Roadwork may not be documented. It is up to the appropriate Town department to inspect a job and confirm the job is done properly. CALL THE QUESTION by Mr. Dates. Discussion ceased. VOTE: unanimous (4-0)\; motion carried. Mr. Bohne noted the Development Specifications can be amended at any time as needed. 11. SEWER ALLOCATION APPLICATION Mr. Bohne reviewed a sewer allocation request for a one-bedroom addition to a home owned by Kris and Stephanie Wernhoff. MOTION by Mr. Good, seconded by Mr. Silcox, to grant Kris and Stephanie Wernhoff an allocation of 120 gpd for a one-bedroom addition to the property at 136 Littlefield Drive, and further, that the Aid-in-Capacity Fee be paid in the amount required prior to receiving a building permit. VOTE: unanimous (4-0)\; motion carried. 12. PENALTY AND INTEREST FORGIVENESS REQUESTS Mr. Dates reviewed two requests for penalty and interest forgiveness and the criteria for granting or denying requests. MOTION by Mr. Silcox, seconded by Mr. Good, to grant the request by Janet K. Peisch to forgive $208.48 penalty and $30.09 interest for a total of $247.57 for the 03/15/02 tax payment. DISCUSSION: There was discussion of the reason for the late payment (illness in the family) and if the taxpayer could have met the tax obligation on time. VOTE: 0 ayes, 4 nays (Dates, Faris, Good, Silcox)\; motion did not carry. Request denied. Mr. Bohne reviewed a request for forgiveness of a tax penalty of $132.01 and interest of $24.75 for a total of $156.76. The person had a conversation with the Shelburne Financial Officer regarding the circumstances and indicated taxes for South Burlington and Shelburne were added into one check. The person personally delivered the tax payment to Shelburne once it was discovered that all tax payments were sent to South Burlington inadvertently. Mr. Faris commented that the person is a property manager. MOTION by Mr. Faris, seconded by Mr. Silcox, to approve forgiveness for $132.01 in penalty and $24.75 in interest for a total of $156.76 for the property located at 602 Bay Road, Shelburne, VT. VOTE: 0 ayes, 4 nays (Dates, Faris, Good, Silcox)\; motion did not carry. Request denied. 13. TOWN MANAGER’S REPORT Mr. Bohne reviewed the following items: ¨ Liquor License applications required Selectboard signature for approval. There was an underage drinker violation reported at the Asian Pearl Thai Restaurant eight or nine months ago, however, the State Liquor Board did not impose sanctions on the restaurant. Mr. Silcox suggested sending a letter to the State Liquor Board and the restaurant as to why sanctions were not imposed. Mr. Bohne said that staff could express a local perspective to the State Board. The Selectboard signed the Liquor License applications. ¨ The State will certify Wastewater Treatment Plant #1 and allow the nine residents and businesses to receive sewer service if the plant continues to operate as it has. Mr. Bohne said he did not agree with the chlorination hookup in addition to the UV system, but the permit will include the chlorination system as well. ¨ Plant #2 cannot have a chlorine backup due to discharge into Macray Brook plus there is no tank on site. · Six bids were received for the proposed Church Street/Charter One Bank sidewalk project. A base bid of $87,978 from Church Street to Falls Road has been awarded to an eligible contractor and includes the drainage project north of Church Street. There is an “add on” of $44,040 from Falls Road to Charter One Bank, and a second “add on” for a new sidewalk in front of the Pump House Restaurant for $5,580. The entire project was $132,000 plus a 5 percent contingency for $138,000 total. There will be a $4,000 shortfall in funding. It was recommended the money to cover the shortfall be withdrawn from the escrow account. There was brief discussion of the Escrow Account and growth of the fund via curb money ($3,000-$4,000 per year). MOTION by Mr. Good, seconded by Mr. Silcox, to authorize the Town Manager to execute a contract with N. L. Chagon, Inc. for $144,000. VOTE: unanimous (4-0)\; motion carried. 14. BOARD MEMBER CONCERNS Mr. Faris commented that he had attended a seminar on subdivision regulations related on-site septic systems and closing the ‘10 acre loop hole’. There will be new land use subdivision regulations. Mr. Silcox noted that a grant might be awarded to Shelburne for the pathways project. Mr. Silcox confirmed a letter received from Alec Webb was also sent to the Shelburne Assessor. Mr. Silcox said that Rich Rinauldo had contacted him about the Route 7 project. Mr. Dates asked for an update on sewer allocations and commitments to date, and the status of telecommunication contracts. Mr. Bohne reported one telecommunication contract was received, but not signed. Another was expected. A third contract will not be signed until an Environmental Court suit is settled. 15. ADJOURNMENT MOTION by Mr. Good, seconded by Mr. Silcox, to adjourn the meeting. VOTE: unanimous (4-0)\; motion carried. . The meeting adjourned at 9:15 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. MINUTES SUBJECT TO CORRECTION BY THE SHELBURNE SELECTBOARD. CHANGES, IF ANY, WILL BE RECORED IN THE MINUTES OF THE NEXT MEETING OF THE BOARD.