Selectboard Meeting Minutes

TOWN OF SHELBURNE SELECTBOARD MINUTES OF MEETING September 10, 2002 MEMBERS PRESENT: Kenneth Albert, Chairman\; George Faris, Steve Dates, Steve Good, Norm Silcox. STAFF PRESENT: Paul Bohne, Town Manager. OTHERS PRESENT: Ben Russell, Fletcher Bundy, Ben Webster, Jim Warden, Gloria Warden, Cpl. Josh Flore, Lindsay Warden. Sue Davis, Shelburne News. PUBLIC HEARING – Stop Sign Ordinance Amendment Mr. Albert, Chairman, opened the public hearing on amendment of the Stop Sign Ordinance to allow addition of a new stop sign at the Spear Street/Webster Road intersection. PUBLIC COMMENTS Shelburne Police Chief Warden explained that the stop sign is needed to alleviate confusion at the intersection. Trucks must now stop on the incline which is one negative. The stop sign is flagged and the travel lane well marked as a stop area. The (road) approach has been reconfigured to make a less severe grade leading up to the new stop sign. In response to a question, Mr. Bohne said that adding warning lights at the stop would be an extra cost and require an engineering study. There were no further comments on the stop sign. PUBLIC HEARING – Parking Ordinance Amendment Fire Lanes Mr. Bohne explained the proposed amendment to the Parking Ordinance would add fire lanes at the Shelburne Community School and at the south side of the Fire Station in the Town Center. Mr. Silcox suggested an effort be made to educate people regarding the use of the fire lanes to avoid parking tickets. Mr. Bohne said that students could be discharged, but no parking would be allowed in the fire lanes. There were no further comments on the fire lanes. MOTION by Mr. Dates, seconded by Mr. Silcox, to close the public hearing for amendments to the Stop Sign Ordinance and the Parking Ordinance. VOTE: unanimous (5-0)\; motion carried. 1. CALL TO ORDER (regular meeting) Mr. Albert called the regular Selectboard meeting to order at 7:10 p.m. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. CITIZEN PARTICIPATION There were no citizen comments. 4. STOP SIGN ORDINANCE AMENDMENT – Adoption MOTION by Mr. Dates, seconded by Mr. Silcox, to approve the proposed Stop Sign Ordinance amendment as presented. VOTE: unanimous (5-0)\; motion carried. 5. PARKING ORDINANCE AMENDMENT – Adoption MOTION by Mr. Dates, seconded by Mr. Silcox, to approve the Parking Ordinance amendment as presented. VOTE: unanimous (5-0)\; motion carried. The Selectboard signed the appropriate documents. 6. EXPLORER SCOUTS PRESENTATION Mr. Bohne explained that the Explorer Post was in association with the Shelburne Police Department, and performed community service. Shelburne Police Chief Warden reviewed a brief history of the Explorer Post, current members, and police department advisors. Ms. Warden, advisor, introduced the Post membership, reviewed member requirements and qualifications. There are 300 Post and High Adventure members statewide, which has grown out of a Boy Scout program. Ms. Warden narrated a brief recruitment video. The Selectboard thanked the Explorer Post members for the interesting presentation. 7. SEWER ALLOCATION – Bay’s End, LLC Mr. Bohne reviewed corrections to the proposed sewer allocation request by Bay’s End, LLC, that included a language to read “No more than 40% of the current three-year allocation for one project” and changes to the calculation from 688 gpd to 1310 gpd with a remaining 2nd three-year allocation figure of 550 gpd. MOTION by Mr. Dates, seconded by Mr. Silcox, to grant Bay’s End, LLC, an allocation of 1860 gpd, 1310 gpd available during the current three-year allocation, 550 gpd carried over to subsequent three-year allocation periods, with the allocation subject to an Aid in Expansion Fee at the rate in effect at the time of payment, and fees due prior to receiving a building permit for each housing unit. VOTE: unanimous (5-0)\; motion carried. 8. ENHANCEMENT GRANT APPLICATION - Sidewalk Mr. Albert reviewed that the Town would act as the applicant for an enhancement grant for a sidewalk from the Lake Champlain Housing Development Corporation (LCHDC) affordable housing project along Shelburne Road. LCHDC would submit and administer the grant. The sidewalk would run 390 feet along the east side of Route 7 to Marsett Road. Mr. Bohne explained that Selectboard approval was necessary in order to submit the grant. LCHDC would seek state permits to install the sidewalk and curbing. The curbing would be coordinated with the sidewalk, with construction targeted for July 2003. The State was examining the Route 7/Marsett Road intersection where motorists have created informal right turns. The proposed curbing would limit right turns. Mr. Albert asked if the Town could request right turn lanes for traffic flow and safety. Mr. Bohne replied to maintain right turns, signal costs would increase. Turn lanes could be a potential MPO project. Mr. Silcox, Shelburne CCMOP representative, will forward the suggestion to the CCMPO. Town staff will contact VTrans. MOTION by Mr. Dates, seconded by Mr. Good, to authorize the Lake Champlain Housing Development Corporation to submit an enhancement grant application to the Agency of Transportation on Shelburne’s behalf to construct approximately 390 feet of sidewalk and 40 feet of curbing on Route 7, south of Marsett Road. VOTE: unanimous (5-0)\; motion carried. 9. ERRORS AND OMMISSIONS Mr. Bohne reported two parcels were inadvertently combined and taxed as one parcel. Selectboard action was necessary to allow the Shelburne Assessor to separate the two lots. MOTION by Mr. Silcox, seconded by Mr. Good, to order a separation of parcel #03-01-11.000 into two parcels, numbered 03-01-11.000 and 03-01-11.1 respectively. VOTE: unanimous (5-0)\; motion carried. 10. POLICY ON POLITICAL SIGNS Mr. Bohne stated temporary signs can be posted for a seven day period for any one person. State statutes require political candidates to go through the same process. The Board could adopt a policy that would restrict temporary seven-day signs to specific portions of town. The Secretary of State advises political candidates check with individual towns regarding regulations. No one has approached Shelburne. Mr. Silcox stated his preference the seven-day signs be confined somewhat and restricted from public property/polling places for “visual purity”. Mr. Albert felt a sign policy was not necessary. Mr. Dates commented about signs being taken down the day after an election. Mr. Faris suggested further research was needed before enacting a sign ordinance. There was lengthy discussion regarding signs posted on personal property, which would be included in a proposed sign policy, state jurisdiction along Route 7, requesting the Town Clerk to notify candidates to keep political signs off the Village Center property, enforcement of a proposed sign policy, and a public hearing process for proposing a sign policy. MOTION by Mr. Dates, seconded by Mr. Faris, to begin the sign policy process with no Selectboard action taken at this time regarding political signs on Town property. DISCUSSION: Mr. Albert suggested a straw vote would better serve the process versus a motion. VOTE: Prior to the vote, Mr. Dates and Mr. Faris withdrew the motion. 11. APPROVAL OF MINUTES AUGUST 13, 2002 MOTION by Mr. Dates seconded by Mr. Silcox, to approve the minutes of 08/13/02 as written. VOTE: unanimous (5-0)\; motion carried. AUGUST 23, 2002 MOTION by Mr. Dates seconded by Mr. Silcox, to approve the minutes of 08/23/02 as written. VOTE: 3 ayes, 2 abstentions (Mr. Dates, Mr. Faris)\; motion carried. 12. TOWN MANAGER’S REPORT Mr. Bohne reported on the following items: · Pump station project status. · A sewer pipe replacement project along Route 7 will be complete in one week. · The tennis court drainage project was started and expected to take two weeks. · The Shelburne Heights road chip sealing has not begun at this time. · Hillside paving was scheduled this fall. · A Selectboard Retreat on budget discussions was scheduled for 09/18/02, 8:30 a.m.–10:30 a.m. at the Village Center. · The new Post Office building construction should be complete by the end of September. 13. BOARD MEMBER CONCERNS Mr. Silcox asked for an update on the status of the Town Hall renovation project. Mr. Bohne replied that no plans have been forwarded at this time. The Shelburne Players were exploring potential use of the space without altering the character of the building. Mr. Dates expressed concern the Shelburne Players were looking at the Town Hall after the Town renovated the gym for the troupe. Mr. Bohne said that staff would provide guidance regarding the building and troupe plans. Mr. Dates asked if the Town was going to consider amending the liquor portion of the Town policy to allow the Shelburne Craft School to offer wine at art shows/openings. Mr. Bohne said discussion should include the library as well. Mr. Faris expressed concern regarding the direction being taken by the Regional Planning Commission Executive Committee. It appeared there were potential changes to RPC policies. Next election of the Executive Committee was August, 2003. 14. EXECUTIVE SESSION MOTION by Mr. Dates, seconded by Mr. Silcox, to enter Executive Session for the purpose of discussing litigation where premature knowledge would place the Town at a substantial disadvantage, and to invite the Town Manager to attend. VOTE: unanimous (5-0)\; motion carried. The Selectboard entered Executive Session at 8:25 p.m. 15. ADJOURNMENT MOTION by Mr. Faris, seconded by Mr. Silcox, to adjourn the regular meeting. VOTE: The meeting adjourned at 9:43 p.m. Minutes respectfully submitted by Kathlyn Robie, Recording Secretary. THESE MINUTES ARE SUBJECT TO CORRECTION BY THE SHELBURNE SELECTBOARD. CHANGES, IF ANY, WILL BE MADE AT THE NEXT MEETING OF THE BOARD.

TOWN OF SHELBURNE SELECTBOARD MEETING MINUTES OF MEETING SEPTEMBER 24, 2002 MEMBERS PRESENT: Steve Dates, Acting Chair\; George Faris, Steve Good, Norm Silcox. (Ken Albert was absent.) STAFF PRESENT: Paul Bohne, Town Manager\; Peter Frankenburg, Financial Officer\; Dean Pierce, Town Planner. OTHERS PRESENT: Robert Hisnay, Bill Powers, Bill White, Mark Zidell, McFarland Johnson, Darren Benoit, Roger Whitcomb, Bartlett Frisbie, Sue Davis (Shelburne News),Warren Benoit. 1. CALL TO ORDER Mr. Dates, Acting Chair, called the meeting to order at 7:00 p.m. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. CITIZEN PARTICIPATION Bill Powers, Dorset Street resident, expressed concern about the excessive speed of vehicles on Dorset Street and requested the Town consider lowering the speed limit to 35 mph (current limit is 40 mph). Mr. Powers suggested that Shelburne Police conduct radar patrols as part of the speeding solution. Also of concern is traffic being routed onto Marsett Road and then Dorset Street due to the proposed Route 7 project. The concrete trucks will be a problem. Slowing down the big trucks will reduce the noise of the trucks as they downshift, said Mr. Powers. Mr. Bohne said staff would conduct a traffic study and explore more police presence. A recommendation would be forwarded to the Selectboard. Mr. Faris agreed truck traffic diverted onto Dorset was a concern. Mr. Bohne pointed out the weight limit of 55,000 pounds on Dorset Street could be enforced. Staff will bring the concerns to the Shelburne Police Department. 4. PRESENTATION OF BOSTWICK BRIDGE PLANS – AOT and McFarland Johnson Mark Zidell, Darren Benoit, and MacFarland Johnson reviewed a brief history of the proposed Bostwick Bridge project (project is included in the FY04 CCMPO TIP). The best alternative was a bridge on-site with the same alignment as present. Regarding the railroad elevation issues, the structure must meet 23 feet from the top rail to the bottom of the steel, so it would be 7-8 feet higher. The sight distance issue would be corrected in both directions. The bridge would be a simple plate-girder steel rust-colored bridge. A 30-foot road would include a five-foot shoulder to accommodate bike/pedestrians. At this time, an agreement with the property owner was not secured for a northern alignment of a one-way temporary bridge. Some large Maple trees might have to be removed from the right-of-way. Mr. Bohne said that Town staff has reviewed the plans and recommended the Selectboard approve the concept project and authorize the Selectboard chairman to sign the document. MOTION by Mr. Silcox, seconded by Mr. Good, to approve the concept for the Bostwick Bridge project as presented by McFarland Johnson, consultants, and VTrans. VOTE: unanimous (4-0)\; motion carried. Mr. Dates, Acting Chair, signed the document. 5. REQUEST FOR WAIVER OF RECREATIONAL IMPACT FEE AND ACCEPTING +/- 32 ACRES FROM BOULDER HILL DEVELOPMENT Bart Frisbie, Sterling Construction, explained that Boulder Hill was a planned 37 single lot development on the north side of Webster Road. The developer was requesting waiver of the recreation impact fee which was part of the Planning Commission approval. Thirty-two acres of land would be deeded to the Town and a 3200 lineal foot bike path would connect Webster Road to Longmeadow Drive. The cost of the bike path would be more than the recreational impact fee and the value of the land would be a double return in favor of the Town. The acreage is adjacent to town-owned land or land that the Town had the opportunity to own (staff will research the Holmsberg deed). Mr. Frisbie said that the 32 acres included a wooded section that was a buffer between neighbors and an existing footpath which would tie into the proposed bike path. The width of the proposed bike path was 8’, paralleled the road, and located within 60’ of the right-of-way. Driveways would cross the path, explained Mr. Frisbie. Mr. Dates pointed out that if federal funds were used (for the bike path), then the path would have to be 10 feet wide. The Board discussed the land offer and impact fee request. Mr. Faris pointed out the recreation impact fee was meant to be a mitigation tool used to build paths anywhere in town. A path through Boulder Hill was clearly a neighborhood amenity. The northwest corner of the 32 acres was wetland and there were steep contours. Boulder Hill could save the land and manage it as well as the Town. Mr. Faris said he was not inclined to pay for the bike path twice, but was inclined to favor a credit. The land must be open per the Planning Commission approval, stated Mr. Faris. Mr. Silcox spoke in support of the impact fee, noting the fee will be passed onto the homeowner and not paid by the developer. Mr. Good said that he would not like to turn down 32 acres for the town. Mr. Frisbie agreed the open land would be a benefit to the public, but the land might not be open to the public under the homeowners association ownership. Also, the bike path was an important piece to complete the north-south section of the town-wide path. The path could be built for less by the developer than the Town. Furthermore, it would be cheaper to build a 12-foot bike path when dealing with one owner versus 32 owners. Mr. Faris said he would like to examine the request further and suggested tabling action until the 10/8/02 Selectboard meeting pending more information on the Holmsberg property. 6. RESOLUTION TO APPLY FOR PLANNING GRANT Dean Pierce, Town Planner, stated the planning grant would pay for a foundation document to update the Shelburne Town Plan (to expire April, 2004). Mr. Dates asked for clarification regarding $9,000 - other sources. Mr. Pierce replied that towns must show that they have spent Act 200 funds. Three thousand dollars was a requirement and donations would be sought for the public planning section. MOTION by Mr. Faris, seconded by Mr. Silcox, to support filing an application for a planning grant as presented. VOTE: unanimous (4-0)\; motion carried. The Selectboard signed the resolution to apply for a planning grant. 7. DICUSSION OF CHANGES TO ON-SITE WASTEWATER DISPOSAL REGULATIONS Dean Pierce explained that Shelburne’s on-site regulations and the new State regulations were in conflict. The Town needs to consider an amendment to the Shelburne regulations to reflect the new State regulations. Staff will summarize the State regulations for the Selectboard and have proposed revised regulations for consideration by the end of October. Mr. Dates asked if the regulations would “ripple” into the new Town Plan. Mr. Pierce said that the new State regulations were closer to what the Agency of Natural Resources envisioned. The 10-acre loophole was eliminated. There was greater flexibility regarding the types of septic systems for waste disposal. The new legislation would be adopted in phases. Shelburne’s zoning regulations would not be affected since Shelburne had a local sewage regulation. Development within the town would be impacted. Staff has asked the State for a revised map of developable areas for comparison to the current map. 8. PRELIMINARY REVIEW OF YEAR END GENERAL AND WASTEWATER BUDGETS Mr. Frankenburg reviewed the FY02 year-end General Fund and Sewer Fund budgets, July to June, as outlined in a memo, dated 09/24/02. The auditor’s report has not been received at this time. Mr. White asked for clarification regarding the Town Center operating expenses. Mr. Frankenburg explained heating was a part of the operating expense, but broken out separately. Heating costs was projected at $10,000-$12,000 per year. Mr. Bohne added that there were some one-time expenses that were higher than expected. Mr. White asked if the legal expenses involved tax appeals. Mr. Frankenburg said that challenges to the zoning regulations in 1998-99 were resolved this year. Also, a 1999 tax appeal was resolved. Mr. Frankenburg noted that issues involving Plant #1 affected Sewer Fund expenses, which was not operational when expected. Electricity expenses were a $16,000 adjustment. Outside testing and UV bulb replacement were unexpected expenditures. Mr. Bohne said that a report on Plant #1, including violations, would be ready for Board review next week. 9. PRESENTATION OF HARBOR ROAD CROSSING QUIET ZONE PETITION Mr. Bohne read a citizen’s petition regarding the train whistle at Harbor Road and reported that a letter from Dr. Sogoloff was also received. Staff had contacted Charlie Miller, Rail Division, regarding the noise issues. Mr. Miller would be invited to attend a future Selectboard meeting. Prior to the passenger rail startup, there had been considerable deliberation regarding a quiet zone at Harbor Road. It would be more difficult to install a quiet crossing now (would require State and local funding versus federal funding), and a directional horn as a demonstration project would cost $35,000. The State would not invest in a directional horn if the Champlain Flyer were eliminated. There was discussion of the additional cost to create a quiet zone at Harbor Road, the proposed Burlington to Essex rail line, and inviting Mr. Miller, Representative Schiavone, Mr. Fitzgerald, and Senator Mazza to a Selectboard meeting. Mr. Silcox noted that the next Vermont Governor might not support rail. Mr. Good asked if the noise from the early morning passenger and 2:00 a.m. freight trains had improved. Audience members responded that horn noise continued to be an issue. Mr. Benoit, resident, asked if the Town had approached the railroad regarding noise mitigation. A Harbor Road resident asked if it was possible for all the horns during the day to stay at the same level as the 5:40 a.m. train. Ms. Senior, resident, noted that when the train was at the station the crossing gates come down, but would pull up to let traffic through. And then the gates would come down again and trap cars in the crossing, which was very dangerous. A resident asked if the railroad could hold a school assembly on safety. There was further discussion about quality of life issues, eliminating the 5:40 and 6:40 a.m. train runs, inviting Mr. Fitzgerald and Mr. Albert before the Selectboard for a quiet zone history review. Ms. Davis recalled that the Shelburne Selectboard had not turned down the quiet zone, but rather, the Harbor Road space allowance and requirements for construction of a quiet zone were not compatible. Ms. Davis explained that a quiet zone concrete/median barrier would not fit in the center of the road according to FAA regulations. Harbor Road residents agreed immediate concerns included the early morning horns. The neighborhood group would prioritize concerns for a future meeting with train officials. Town staff would contact the railroad regarding the Harbor Road crossing gate timing. 10. APPOINTMENT OF DELEGATE TO VLCT ANNUAL MEETING MOTION by Mr. Faris, seconded by Mr. Good, to appoint Paul Bohne as the Shelburne delegate to the Vermont League of Cities and Towns Annual Meeting. VOTE: unanimous (4-0)\; motion carried. 11. APPROVAL OF MINUTES OF 09/10/02 AND 09/12/02 MOTION by Mr. Silcox, seconded by Mr. Good, to approve the minutes of 09/10/02 as written. VOTE: unanimous (4-0)\; motion carried. MOTION by Mr. Silcox, seconded by Mr. Good, to approve the minutes of 09/12/02 as written. VOTE: 3 ayes, 1 abstention (Mr. Faris)\; motion carried. 12. NOONAN HOUSE PRESENTATION Mr. Dates reviewed a brief history of the Noonan House purchase as part of the Village Center project, 2001 Noonan House Committee recommendations, a 2002 March Town Meeting where a $19,000 line item was approved for demolition/deposition of the house, renovation estimates of $300,000-$400,000, and the current status of a potential long term lease to a non-profit entity. Mr. Dates suggested warning a non-binding referendum as guidance for the Selectboard. MOTION by Mr. Silcox, seconded by Mr. Good, to move forward with the Noonan House discussions as presented by Mr. Dates with the objective to have a non-binding referendum warned for a vote by 11/05/02. VOTE: unanimous (4-0)\; motion carried. 12. TOWN MANAGER’S REPORT Mr. Bohne reported that the Vermont Teddy Bear Factory was requesting a catering license for fairs and other events. Staff reviewed the request and had no objection. The Selectboard granted and signed the catering license. Mr. Bohne reported the sewer pump upgrade project was moving forward. Pipe work would be done by December. Work on the pump stations would continue over the winter. 13. BOARD CONCERNS Mr. Faris reported that South Burlington would bond in the fall for a dispatch center. It was unknown what the impact would be on the Shelburne dispatch center. Mr. Silcox asked if the Shelburne Craft School had a proper liquor license for events on Town property. Mr. Bohne replied that staff would contact the Shelburne Craft School regarding the school’s plans. Mr. Dates commented the Pierson building renovations were looking great. 14. EXECUTIVE SESSION MOTION by Mr. Good, seconded by Mr. Faris, 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: 4-0\; motion carried. The Board entered Executive Session at 9:40 p.m. 15. ADJOURNMENT MOTION by , seconded by , to adjourn the regular meeting. VOTE: The meeting adjourned at p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. THESE MINUTES ARE SUBJECT TO CORRECTION BY THE SHELBURNE SELECTBOARD. CHANGES, IF ANY, WILL BE MADE AT THE NEXT MEETING OF THE BOARD.