Selectboard Meeting Minutes

TOWN OF SHELBURNE SELECTBOARD MINUTES OF MEETING OCTOBER 08, 2002 MEMBERS PRESENT: Ken Albert, Chairman\; Steve Dates, Steve Good, Norm Silcox, George Faris. STAFF PRESENT: Paul Bohne, Town Manager\; Peter Frankenburg, Financial Officer. OTHERS PRESENT: Liz Curry, Janet Miller, Rosalyn Graham, Pat O’Brien, Jean Bean, Greta Krag, Andy Broderick, Alice Winn, Bart Frisbie, Sue Davis, Shelburne News. 1. CALL TO ORDER Mr. Albert, Chairman, called the meeting to order at 7:05 p.m. 2. APPROVAL OF AGENDA The agenda was approved as presented. 3. CITIZEN PARTICIPATION There were no comments from the public. 4. NOONAN HOUSE RENOVATION PROJECT – Discussion Mr. Bohne reviewed a proposal for the Noonan House renovation partnership with the Interfaith group and the Lake Champlain Housing Development Corporation (LCHDC). Funding for the project requires Selectboard support. Liz Curry, Lake Champlain Housing Development representative, explained a proposal for two one-bedroom affordable apartments on the second floor and commercial space on the first floor. Commercial lessees were the Interfaith Thrift Shop and the Shelburne News. The attic space would remain as is. Preliminary architectural plans have been drafted. The LCHDC was seeking Town consideration of support for a community development block grant application. There was discussion of seven allocated parking spaces to serve the Noonan House, interchangeable parking spaces to be explored, historic preservation funding parameters which would continue to be available with the proposed new additions to the building, typical minimum sized affordable housing units of 425 square feet, target tenants (singles in the service sector), a proposed partnership budget of $120 per square foot for the rehab costs and $80 per square foot for commercial space, a total proposed Vermont Community Development budget of $535,000 ($515,000 for the project and$20,000 for administration costs), commercial rent of $885 per month plus triple net, and $133 per month for the affordable apartments, a lease term of $1 per year for 99 years to comply with funding sources, and an ‘affordable in perpetuity” covenant in the deed. Mr. Dates asked about the risk to the Town. Mr. Broderick replied that the investors involved in the project would make sure funding and a market was in place. If the project did not work, then there could be an obligation. Ms. Curry added that the onus was on the partnership. The project would go through a legal review since the funding was federal HUD money. In the future, one of the apartments could become a condominium. Also, if the Town set aside funds of $19,000 as voted at the 2001 March Town Meeting, the VCD would ask to use those funds, said Ms. Curry. Mr. Bohne noted that a lease could be set up in lieu of property taxes. Long term building maintenance would be built in to the 99-year lease. The Town would be responsible for the parking lot and lawn maintenance. 5. APPROVAL OF RESOLUTION TO SUPPORT A COMMUNITY DEVELOPMENT BLOCK GRANT ON BEHALF OF AFFORDABLE HOUSING Mr. Bohne reviewed that the LCDHC was seeking Town authority to warn a public hearing to gather public input and generate discussion on the proposed 18-unit Cynosure Drive project and the proposed Noonan House project. The grant application, including the resolution, was due 10/29/02. Mr. Albert commented that the Noonan House was a subject of interest so public input was necessary. Mr. Silcox pointed out that the Noonan House was not a part of the Town Center project. Mr. Broderick cautioned against de-railing the application process, and suggested the application be modified by reducing the scope of the block grant. Changes to the proposal to add the Noonan House could be incorporated on 11/10/02. Mr. Dates said that the Town must have a legal review of the lease terms. A public hearing and a November referendum to gather public input would give the Selectboard “directional” approval. MOTION by Mr. Dates, seconded by Mr. Faris, to authorize a Vermont Community Development Program public hearing scheduled for 10/24/02 and hosted by the Lake Champlain Housing Development regarding affordable housing projects. VOTE: unanimous\; motion carried. Mr. Bohne read the proposed Noonan House referendum as it would appear on the November ballot. There was brief discussion of a $19,000 budget line item voted at the 2001 March Town Meeting which would show Town participation. Ms. Curry asked that the Town approve a resolution before the public hearing which would not obligate the Town, but would allow the proposal to move forward to the next step. MOTION by Mr. Dates, seconded by Mr. Silcox, to approve a resolution to apply for funding in support of a Community Development Block Grant on behalf of the affordable housing partnership for the Cynosure Drive and Noonan House projects, and that the resolution be signed by the Selectboard. VOTE: unanimous\; motion carried. The Selectboard signed the resolution. 6. REQUEST FOR EXTENSION OF SEWER ALLOCATION FOR FOREST PARK REALTY Mr. Bohne reviewed sketch plan approval allocation lasts one year. The Forest Park Realty project has not received preliminary approval and Mr. O’Brien was asking for a one year re-allocation. Mr. O’Brien explained that he was working with neighbors and the Planning Commission on preliminary approval. The preliminary application was complete, but he was waiting for the traffic study. A decision was anticipated within two weeks. The Irish Hill/Thompson Road intersection was an issue. MOTION by Mr. Dates, seconded by Mr. Good, to approve a one-year extension of sewer allocation for Forest Park Realty. DISCUSSION: Mr. Dates suggested a re-examination of the current sewer allocation ordinance related to the one-year allocation to compensate projects that should be given a two-year allocation due to the size of the project. Mr. Faris said that sketch plan approval was issued at the Planning Commission level (this can take up to six months). A question was whether the Planning Commission can grant extensions, and if so, how to keep the time frame within a reasonable limit. Mr. Good asked for an update on the 26 acres to be deeded to the Town. Mr. O’Brien said that once an agreement was drafted, this would be forwarded to the Selectboard for review. There were no further comments. VOTE: unanimous\; motion carried. 7. REQUEST FOR WAIVER OF RECREATION IMPACT FEE AND ACCEPTANCE OF +/- 32 ACRES OF OPEN LAND FROM ABC/MRC (Boulder Hill) Mr. Frisbie, Sterling Construction representative, appeared on behalf of ABC/MRC. Mr. Bohne reported that the land record on the Holmberg escrow document was found (confirming the property is owned by the Town property). Mr. Frisbie showed existing foot paths/trails and a proposed town bike path on a site map, and explained that the Boulder Hill developer would build an eight foot wide, 3,200 lineal foot path and an 8’ green strip. The Town would also receive 32 acres on the north side of the property which would give the Town contiguous land to the Holmberg property. The Town land would abut a water retention basin. Mr. Faris calculated the total recreation impact fee would have been $43,000. Part of the proposed trail of 2,000 feet would be built at a cost of $20/foot. Mr. Faris spoke in support of allowing a credit against the recreation impact fee versus a waiver of the fee. The balance of the impact fee was a fair value to attach to the 32 acres. MOTION by Mr. Faris, seconded by Mr. Dates, to allow full credit of a $43,000 Recreation Impact Fee on the basis that Sterling Construction would build a recreation path from Holly Road to the cul-de-sac and deed 32 acres to the town, which was a benefit to the Town at large. DISCUSISON: Mr. Silcox said he could not support the motion because this is the first time the impact fee was assessed and now the Town was saying the fee would not be assessed. There is also concern of Section 8 validity, and setting precedence. Mr. Faris said the motion was made to a specific project that presented unique circumstances. It was noted part of the concern was that the $43,000 credit was going to path and open land, and there was currently a portion of land north of the Town land that would not allow public access, but when that land owner came in with a development plan, he would ask for the same deal. This deal was a barter with the developer. The motion deprives the Town of impact fees, stressed Mr. Silcox. Mr. Albert said the Town has struggled for over a decade regarding paths. The path legitimately meets the objective of the recreation users. CALL THE QUESTION by Mr. Good. Discussion ceased. VOTE: 4 ayes, 1 nay (Mr. Silcox)\; motion carried. 8. RESOLUTION FOR NAMING SHELBURNE STATION Mr. Bohne reviewed a proposal for naming the Shelburne railroad station after John Pennington in appreciation of his long time service to the Vermont Railway. Mr. Bohne read the resolution as proposed. MOTION by Mr. Dates, seconded by Mr. Faris, to approve the resolution in support of naming the Shelburne railroad station for John Pennington as presented. DISCUSSION: Mr. Silcox asked if the Historic Sites Commission was asked to participate in the naming of the site. Mr. Bohne reported that Mr. Ockert was contacted. Mr. Dates noted that the railroad was state owned and had asked for Town input. CALL THE QUESTION by Mr. Faris. Discussion ceased. VOTE: unanimous\; motion carried. The Selectboard signed the resolution. 9. APPROVAL TO AWARD THE TI-HAUL ROAD CONTRACT Mr. Bohne reviewed a brief history of the Ti-Haul Road project. There were three bids received and the low bid was $66,127. S.D. Ireland was a qualified contractor. The project shortfall of $9,000 would be funded by the Recreation Escrow Fund. MOTION by Mr. Silcox, seconded by Mr. Good, to accept the bid from S.D. Ireland of $66,127 to reconstruct the Ti-Haul Road, with the difference between the estimate and the low bid ($9,000) to be covered by the Recreation Escrow Fund. DISCUSSION: Mr. Good asked if the concerns of Dick Reid were addressed. Mr. Bohne said that the Class 2 wetland considerations would be addressed with culverts and erosion control measures. Costs were incorporated in the bid. Mr. Reid was notified. VOTE: unanimous\; motion carried. 10. APPROVAL OF MINUTES OF SEPTEMBER 24, 2002 MOTION by Mr. Silcox, seconded by Mr. Good, to approve the minutes of 09/24/02 as written. VOTE: unanimous\; motion carried. 11. TOWN MANAGER’S REPORT Mr. Bohne reported that staff has invited the Vermont Agency of Transportation Rail Division representatives, the Champlain Flyer representative and Legislative representatives to attend a meeting on 11/12/02 regarding the Harbor Road railroad crossing. Senator Mazza could not attend at this time. It was the consensus of the Selectboard to change the meeting date to 11/26/02, and to invite interested Shelburne residents. Mr. Bohne said that staff would contact the appropriate parties. Mr. Bohne reviewed the following items: · The yearly State Bridge Inspection list was received, which included the Bay Road bridge, the fishing access bridge, and the Falls Road/LaPlatte River bridge. The Bay Road bridge was on the CCMPO TIP list. The Selectboard would need to sign an acknowledgement. The Selectboard requested a copy of the list for review. · A VLCT meeting was held. Policy review was approved with little discussion. 12. BOARD MEMBER CONCERNS Mr. Silcox reported that the VLCT suggested waiting until the appeal process was closer regarding legal aspects of property taxes. The Conservation/Open Space Commission was doing an inventory of open space in Town. A report would be forwarded when complete. Mr. Silcox passed copies of the Vermont Coalition of Municipalities “Common Sense” summary regarding the Killington case to the Board and asked for Board comments. Ms. Davis noted that Tom Little and George Schiavone were sponsoring an Act 60 forum on Thursday, 10/24/02, 7:30 p.m. at the Community School cafeteria. 13. ADJOURNMENT MOTION by Mr. Dates, seconded by Mr. Silcox, to adjourn the Selectboard meeting. VOTE: unanimous\; motion carried. The meeting adjourned at 8:35 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 RECORDED AT THE NEXT MEETING OF THE BOARD. Approved, Kenneth Albert Chairman

TOWN OF SHELBURNE SELECTBOARD MINUTES OF MEETING OCTOBER 22, 2002 MEMBERS PRESENT: Ken Albert, Chairman\; Steve Dates, Steve Good. (George Faris and Norm Silcox were absent.) STAFF PRESENT: Paul Bohne, Town Manager\; Peter Frankenburg, Financial Officer. OTHERS PRESENT: Elaine Dates, Marti Fiske, Sue Davis, Shelburne News. 1. CALL TO ORDER Mr. Albert, Chairperson, called the meeting to order at 7:11 p.m. 2. APPROVAL OF AGENDA The agenda was approved as presented. 3. CITIZEN PARTICIPATION There were no comments from the public. 4. LIBRARY TRUSTEES REPORT Ms. Dates, Library Trustee Chairperson, provided the Board a Library Trustee report for review, and thanked the Board for including the library in the Town Center project. Ms. Dates reviewed the library report, noting library services were increasing in programs, staff, and users. Grants in the amount of $96,000 for a 3 ½ year period were received. MOTION by Mr. Dates, seconded by Mr. Good, to forward a letter of recognition to Joan Gignoux, and Georgie Brown for their many years of excellent service to the Pierson Library. VOTE: unanimous (3-0)\; motion carried. 5. APPROVAL OF VERMONT GAS EASEMENTS Mr. Bohne reported the proposed Vermont Gas easements were specific to the Town Library and Town Center properties. Construction would begin 10/28/02. The gas company is requesting the Selectboard Chair be authorized to sign the agreements. The gas line would loop from Church Street to Falls Road to Harbor Road during the next construction season. MOTION by Mr. Good, seconded by Mr. Dates, to authorize the Shelburne Selectboard Chairperson to sign the Vermont Gas easements as presented. VOTE: unanimous (3-0)\; motion carried. Mr. Good asked if the gas conversion would be expensive. Mr. Bohne replied no, and the equipment was all in place. The latticework and LP tanks would be removed. The agreements must be signed in front of a notary, said Mr. Bohne. 6. VTRANS BRIDGE REPORT RESPONSE Mr. Bohne reviewed that the VTrans Bridge Report response forms must be signed by the Selectboard. Any changes to the proposed bridge work should be indicated on the forms. An unused Fishing Access Bridge grant had been returned to the granting agency\; staff would re-apply for the funding. The rail road bridge was included on the 2007-08 CCMPO TIP. The Selectboard signed the VTrans Bridge Report response form. 7. BUDGET STATUS REPORT - Discussion Mr. Frankenburg pointed out that the Budget Status Report format reflected the changes requested by the Board. The first quarter, July to September, actuals were on track and highlighted in the Financial Officer’s memo. A summary report detailed each Town department. Miscellaneous areas were noted. Mr. Dates asked for clarification regarding a Police Department over run of $8,000 to date. Mr. Frankenburg explained that traffic control special duty was included in the salary line item. There were no concerns at this time, said Mr. Frankenburg. 8. APPROVAL OF RESOLUTION TO APPLY FOR COMMUNITY DEVELOPMENT BLOCK GRANT MOTION by Mr. Good, seconded by Mr. Dates, to approve the resolution to apply for a community development block grant as presented. VOTE: unanimous (3-0), motion carried. The Selectboard signed the resolution. Mr. Bohne said that Liz Curry, Lake Champlain Housing Development representative, would moderate a scheduled public hearing on an affordable housing grant application and the Selectboard was invited to attend. A record of the hearing would be forwarded for Board review as well. 9. APPROVAL OF MINTUES 10/08/02 Approval of the 10/08/02 minutes was tabled until the next meeting. 10. TOWN MANAGER’S REPOPT Mr. Bohne noted that a written Town Manager’s report was included in the Board packet. In addition, the pump station project was moving forward. Potential contaminated soil was a concern. Pipe would be laid via a “pipe burst” methodology to remove and replace the old pipe. Construction should be complete by February. 11. BOARD MEMBER CONCERNS There were no Board member concerns. 12. EXECUTIVE SESSION MOTION by Mr. Dates, seconded by Mr. Good, to enter Executive Session for the purpose of discussing legal matters, where premature knowledge would place the Town at a substantial disadvantage, and to invite the Town Manager to attend. VOTE: unanimous (3-0)\; motion carried. The Selectboard entered Executive Session at 7:40 p.m. 13. ADJOURNMENT MOTION by Mr. Dates, seconded by Mr. Good, to adjourn the Selectboard meeting. VOTE: unanimous (3-0). Motion passed. The meeting adjourned at 8:05 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 RECORDED AT THE NEXT MEETING OF THE BOARD.