Selectboard Meeting Minutes

TOWN OF SHELBURNE SELECTBOARD MINUTES OF MEETING AUGUST 13, 2002 MEMBERS PRESENT: Kenneth Albert, Chairman\; George Faris, Steve Dates, Steve Good, Norm Silcox. STAFF PRESENT: Paul Bohne, Town Manager\; Peter Frankenburg, Financial Officer. OTHERS PRESENT: David Carr, François Carr, Thomas Kaiser, Patrick Sharrow, Kirk Young, Fred Fitzpatrick, Chuck Bowen, Jerlinda Bowen, Harry Clayton, Stephen Soule, Art Remick, Charles Bigalow, Jed Graef, Ed James, Barre Davis, Chris Doyle, Bruce Uvanni, Dick Reid, Bill White, Sally Martell, Ray McGee, Barbara McGee, Michael Burke, Michael Kopfer, Barbara Jewett Noyes, other participants, Kelly Reardon, Channel 22, Sue Davis, Shelburne News. 1. PUBLIC HEARING – School Construction Amendment to the Capital Budget Mr. Albert, Chairman, opened the public hearing on a proposed school construction amendment to the Capital Budget at 7:07 p.m. Mr. Bohne reviewed that a First Reading had taken place at the last Selectboard meeting. Jed Graef, Shelburne Community School Board Chair, was introduced. Mr. Graef explained the proposal to include a school construction project in the capital budget. This would allow the Town to establish an educational impact fee in anticipation of school crowding and new growth, which would pay for a portion of the cost for a new school. Alternatives to alleviate school crowding have been considered. Impact fees would help mitigate future costs for a 6th-8th grade middle school on town owned land for an estimated cost of $7 million. The School and Town boards were not presently looking to approve a school expansion proposal, clarified Mr. Graef. Mr. Bohne reported estimated impact fees are $6,809 minus credits for a new single family home, and $2,383 per unit minus credits for a multi-family structure. PUBLIC COMMENTS Mr. Young, resident, asked why an impact fee could not mitigate both a middle school and the CVU expansion. Mr. Albert explained that CVU, a union high school, was separate from a Shelburne school. Mr. Graef said that he would contact the CVU School Board regarding the issue. There were questions related to Act 60 impacts on the Capital budget, and if the State would claim a portion of impact fees collected. There were no further comments. MOTION by Mr. Dates, seconded by Mr. Good, to approve the proposed School Construction Amendment in the amount of $7 million, and add that to the Capital Budget. DISCUSSION: Mr. White, resident, asked about evidence a new school was needed. Mr. Graef replied the Planning and Zoning office has projected 600 bedrooms being developed in the next few years, and there are 900 students currently in a 750-student body school. An impact fee analysis report was available at the Town Hall. Mr. Clayton, resident, asked if the Board was approving a Capital Budget and Impact Fee Ordinance at the same time. Mr. Albert clarified that the motion was to approve the Capital Budget, which must be approved before approving impact fees. Mr. Dates added that including items in the capital budget does not mean the projects will actually take place, as approvals would still be required through Town Meeting votes or separate bond votes. If a project is not started within six years, then those who paid the impact fees would be eligible to request a refund. Mr. Young asked if the funds generated would be spent specifically on a middle school. Mr. Frankenburg answered that the impact fees must be spent on the line item as outlined in the Capital Budget. CALL THE QUESTION by Mr. Albert. Discussion ceased. VOTE: unanimous (5-0)\; motion carried. 2. APPROVAL OF AGENDA Agenda item #6, Shelburne Airport, was advanced in the agenda order. 3. CITIZEN PARTICIPATION Mr. Reid, resident, read a statement regarding preservation of natural resources on land along Harbor Road, Shelburne Farms and Bay Road. 4. IMPORTANCE OF SHELBURNE AIRPORT Mr. Bohne reviewed that the Agency of Transportation required the Shelburne Airport to update its certification for operation. Presently, the airport is a private enterprise and engages in activities not on the certificate. Mr. McGee, airport owner, has asked the Town to go on record in support of the airport. Many letters and telephone calls have been received. Mr. McGee briefly reviewed the history and growth of the airport. Activities at the airport included flight instruction and aircraft maintenance. Mr. McGee asked that the Town write a letter in support of those activities, which have been conducted for the last 25 years. Helicopters also use the airport. Mr. Faris asked the assemblage how many were or had been flight students at the airport, and a majority of attendees raised their hands. PUBLIC COMMENTS Mr. Clayton, resident since 1956, gave a brief review of the five airports that had operated in Shelburne over time. There was now residential development adjacent to the one remaining airport. Mr. Clayton spoke in favor of the airport as a positive asset in the Town. There was no provision in state statutes regarding private commercial airports. Mr. Clayton asked the Selectboard to recognize the enterprise as a unique taxpaying airport. The Shelburne Airport was on the FAA master list of approved airports. The State needs a letter of support from the Town. Furthermore, many schools use the airport as a field trip for their students. Schools are always welcome. Mr. Bowen, resident since 1971, spoke in support of Mr. McGee and the airport and urged the Selectboard to write a letter of support. Mr. Cross, resident, noted that he started flight instruction at Mont Air in Burlington, but finished at Shelburne airport (Mr. McGee’s) where the instructors were friends. Mr. Cross expressed hope that the Selectboard would support the airport so his daughter could learn to fly at Shelburne. Ms. McDonnaugh said that she utilized the Shelburne airport for student experience and as an educational resource for her students. The airplanes and the airport are an educational resource in the community. Mr. Sharrow, resident and student, related that in 1998 he started a CVU academic internship in mechanics at the airport, and then accomplished an extended internship in mechanics and flight. Without the Shelburne airport he would not have had the educational opportunity. Mr. Soule, Huntington resident, spoke in favor of the continued operation of the airport. Pilots who use the airport try to be good citizens to the airport neighbors. There are no flights after sundown, and noise was minimalized via specific flight corridors away from houses. Also, pilots and their families shopped and ate at Shelburne restaurants. The airport was known nationally as a friendly small airport. Mr. Hart, pilot, spoke in favor of continued airport operation. Ms. Martel, resident, explained that as owner of the Countryside Motel, the airport was definitely a part of the (Shelburne) landscape. Visitors were impressed that there was an airport at Shelburne. The airport made Shelburne unique. Another pilot and resident noted that the airport had an economic impact on the Town by making learning how to flying affordable to many. The airport operators always offered their experience and support. Mr. Uvanni stated that the Shelburne Airport was a living museum. There were many historic planes at the airport including a bi-wing navy trainer. People can see the evolution of aircraft and technology at the airport. A neighbor of the airport said that traffic on Route 7 made more noise than the airport. The airport would be missed. There were plenty of shops in Town, but only one airport. Mr. Albert asked for Selectboard comments. Mr. Faris explained that the Planning Commission proposed a condition on the development (Snyder Company is the developer) that each lot owner must understand and accept their lot is near an airport. The Planning Commission understood that the airport was important to the Town. A new resident to Shelburne said that she had purchased a home at the end of the airport and loved the planes. MOTION by Mr. Faris, seconded by Mr. Silcox, to direct the Town Manager to write a letter to the Vermont Agency of Transportation, and other entities, to express the appreciation of the Town of Shelburne for the airport and to encourage permitting of the Shelburne Airport operated by Mr. McGee for continued operations as in the past. DISCUSSION: There was discussion of including a list of activities at the airport such as instruction and maintenance. CALL THE QUESTION by Mr. Albert. Discussion ceased. VOTE: unanimous (5-0)\; motion carried. 5. EXTENSION OF SEWER ALLOCATION FOR ETHAN ALLEN HOLDINGS (Rice Woods) Mr. Albert noted that a request for an extension of the sewer allocation granted to Rice Woods was consistent with Town regulations. Mr. Bohne reviewed that the sewer allocation, dated 08/28/01, was for the amount of 25,440 gpd. A one-year extension was requested and criteria for granting an extension was at the discretion of the Selectboard. Mr. Bohne introduced Michael Burke, Ethan Allen Holdings representative. MOTION by Mr. Dates, seconded by Mr. Good, to extend sewer allocation for Rice Woods for one year under the same conditions as approved on 08/28/01. DISCUSSION: Ms. Martell asked if the applicant had to pay a capacity fee. Mr. Albert explained that a capacity fee was assessed when a building permit was issued. The capacity fee figure was unknown at this time. There were no further comments. VOTE: unanimous (5-0)\; motion carried. 6. EDUCATION IMPACT FEE Mr. Bohne reviewed an amendment to the Impact Fee Ordinance which would establish an educational impact fee. Mr. Faris suggested that Section B.3 be eliminated and the report not be referenced (the report is not directly germane to the ordinance). Also, S-2 and S-3 tables should be attached. Mr. Bohne reported the Town Attorney recommended leaving the report in the ordinance as drafted (the report would be part of the “evidence” if the ordinance were challenged). There was brief discussion regarding differing legal opinions related to the report\; and if the S-2 and S-3 tables were understandable as written. Mr. Silcox commented that the Town Attorney would be the party to defend the ordinance if it was challenged. Mr. Bohne noted that the Recreation Ordinance might require an amendment as well. Staff could research the ordinance further with the Town Attorney, said Mr. Bohne. Mr. Faris said he would work with the Town Attorney on the ordinance. Mr. Albert stated all the Town ordinances would be revisited and a standard format developed, such as with the Sewer Allocation. MOTION by Mr. Faris, seconded by Mr. Silcox, to adopt the proposed amendment to the Shelburne Educational Impact Fee Ordinance as presented. DISCUSSION: Mr. White asked how a $7,000 impact fee compared to other towns, and if a $7,000 fee would impact the opportunity for building affordable $120,000 homes versus $1 million homes. Mr. Bohne explained that other communities and their capital budgets were examined. The fee structure and cost of construction were in line with Williston and South Burlington. Mr. White asked if the fee might be reduced. Mr. Silcox explained that a developer would not pay the fee since the cost would be passed onto the home purchaser. It was a trade off. If a new school is not built, then the funds would be repaid to those who contributed. Mr. Flanagan, 7-year resident, felt developers should “ante up” the fees. The homeowner was getting hammered by the property taxes. Mr. Silcox pointed out that the Planning Commission and Zoning Board of Adjustment applied conditions for open land and bike paths at the developers expense, so developers do contribute. Mr. Faris clarified that the developer would pay a $6,000 impact fee per single unit, which was buried in the price of a home. Bike paths and such negotiated during the approval process are separate from impact fees. Ms. Martell asked if impact fees would discourage housing developments, or encourage other types of development, such as retirement complexes. Mr. Albert answered that a balance was needed for existing properties which paid taxes versus new residents. Mr. Graef pointed out that impact fees were free money in a sense since the funds could be subtracted prior to Shelburne’s Act 60 assessment. Mr. Clayton commented that $120,000 homes should be exempt from impact fees. The fees as presented did not pay for the cost of a single student. Also, businesses did not send any students to the schools. The housing market was changing with a lot of homes for sale currently. Impact fees were passed onto the homeowner anyway. Regarding alternatives to building new schools, the existing school should be used fully, and the attitude must change from what is wanted to what the people can afford. The Town was setting precedence for very expensive housing in Shelburne. Mr. Albert pointed out there is pressure for middle range homes, and there are provisions for affordable housing projects. There was further discussion regarding a proposed bond for a new school (would affect all taxpayers), impact fees (utilized to reduce the impact of a bond by 66%), and a total number of houses represented in a build out analysis. VOTE: 4 ayes, 1 nay (Mr. Faris)\; motion carried. 7. DISCUSSION OF ACTIVITIES AT THE SHELBURNE BAY ACCESS Mr. Bohne said that a letter from a citizen had been received citing concerns about proposed activities at the Shelburne Bay Fishing Access area. Mr. Kopfer, Shelburne Bay resident, gave the Board a list of concerns and potential solutions for the Shelburne Bay access improvements. There was discussion regarding concerns that included lighting, jet-ski use, parking, safety, traffic, and hours of operation. Mr. Silcox explained that improvements to the Bay Road bridge were included in the FY04 CCMPO TIP. As Shelburne’s CCMPO representative, Mr. Silcox said he would try to move the bridge project up on the schedule and make sure that engineering money was committed to straightening and widening Bay Road. Mr. Kopfer predicted that traffic on Bay Road would increase to 6,000 cars. Ms. Noyes suggested hours of operation as “dawn to dusk”. Mr. Bohne said that staff would contact the Coast Guard regarding hours of operation. Also, the Town would research the possibility of signage on Route 7 to limit truck traffic on Bay Road and rules for use at the access area. 8. RENEWAL OF NOTE WITH CHITTENDEN BANK a) Renewal Note with the Chittenden Bank MOTION by Mr. Faris, seconded by Mr. Dates, to renew a note with the Chittenden Bank for the amount of $21,333 as presented. DISCUSSION: Mr. Bohne explained that the funds were borrowed for the purchase of hydraulic jacks at the Town Garage, and for the purchase of a new alarm/dispatch console. VOTE: unanimous (5-0)\; motion carried. The Selectboard signed the renewal note. b) Truck Purchase Note Mr. Bohne reviewed that a line item for the purchase of a pickup was included in the budget. A used two-wheeled drive vehicle was available. Mr. Frankenburg explained that there was a line item for $5,000 for grounds/maintenance of equipment. A mower was purchased in the spring and $2,000 must be paid back. The total loan amount was $8,000. MOTION by Mr. Faris, seconded by Mr. Silcox, to issue a note from the Chittenden Bank for the purchase of a two-wheeled drive pick-up truck for Recreation/Buildings & Grounds Departments for a total of $8,000. VOTE: unanimous (5-0)\; motion carried. 9. DESIGNATION OF VOTING DELEGTE TO THE VLCT ANNUAL MEETING MOTION by Mr. Dates, seconded by Mr. Good, to appoint George Faris as the designated voting delegate to the Vermont League of Cities and Towns Annual Meeting. VOTE: unanimous (5-0)\; motion carried. The Chairman signed the required documentation. 10. EXECUTION OF LETTER OF AGREEMENT TO USE STATE COMPUTER APPRAISAL SERVICES MOTION by Mr. Silcox, seconded by Mr. Good, to authorize the Shelburne Selectboard Chairman to execute a letter of agreement to use state computer appraisal services. VOTE: unanimous (5-0)\; motion carried. The Chairman signed the letter of agreement. 11. SPEAR STREET/WEBSTER ROAD STOP SIGN ORDINANCE – First Reading MOTION by Mr. Dates, seconded by Mr. Silcox, to schedule a public hearing on 9/10/02 regarding a proposed Spear Street/Webster Road Stop Sign Ordinance. VOTE: unanimous (5-0)\; motion carried. 12. FIRE LANES AT TOWN CENTER AND COMMUNITY SCHOOL – Ordinance First Reading MOTION by Mr. Dates, seconded by Mr. Silcox, to schedule a public hearing on 9/10/02 regarding the Fire Lanes at Town Center and Community School Ordinance. VOTE: unanimous (5-0)\; motion carried. 13. APPROVAL OF MINUTES MOTION by Mr. Faris, seconded by Mr. Dates, to approve the minutes of 07/09/02 as written. VOTE: unanimous (5-0)\; motion carried. 14. TOWN MANAGER’S REPORT No report at this time. 15. BOARD MEMBER CONCERNS Mr. Silcox suggested that the Selectboard read the Vermont League of Cities and Town’s report. Items of interest should be discussed with the Town Manager and Town Clerk. 16. EXECUTIVE SESSION MOTION by Mr. Dates, seconded by Mr. Silcox, to enter Executive Session for the purpose of discussing contracts where premature knowledge would place the Town at a substantial disadvantage, and invite the Town Manager to attend. VOTE: unanimous (5-0)\; motion carried. The Selectboard entered Executive Session at 9:50 p.m. MOTION by Mr. Good, seconded by Mr. Silcox, to leave Executive Session. VOTE: unanimous (5-0)\; motion carried. The Selectboard left Executive Session at 10:25 p.m. 17. ADJOURNMENT MOTION by Mr. Dates, seconded by Mr. Faris, to adjourn the regular meeting. VOTE: unanimous (5-0)\; motion carried. The meeting adjourned at 10:28 p.m. Minutes respectfully submitted by Kathlyn Robie, Recording Secretary. Approved, Kenneth Albert Chairman