MANAGER’S REPORT

 

March 9, 2010

 

 

ACTION ITEMS

 

Agenda Item #5 – Board Reorganization

It has been the Board’s custom for the Manager to call the meeting to order as chairman pro-tem.  The Manager asks for nominations for Board chair and completes the election process for chair. The newly elected chair then asks for nominations for vice chair and completes the process of the reorganization of the Board.

 

Agenda Item #6 – Highway Discontinuance

This hearing and decision are the culmination of the research and Selectboard discussion regarding this issue.  The Board appears convinced that there are no “ancient roads” that have been identified and no evidence has been provided that further investigation will lead to the discovery of ancient roads. 

 

Unless some evidence is provided at the hearing to the contrary, I would suggest that the Board vote to close the hearing and then to place a motion on the floor to “discontinue all highways,” etc.

 

Agenda Item #7 – O’Brien/Snyder Waiver Request

The sewer allocation originally provided to the Rivercrest project will expire on March 23.  The Ordinance does not allow for an additional 3 year extension (one has been provided previously).  Since the O’Briens received their last extension the Ordinance to Establish a Charge on New Users of Sewer Capacity was amended.  The time of payments section was amended so that Rivercrest will have to pay for 50% of their allocation except for 4 affordable condominium units.  Snyder would have to pay $37,676.10  up front and O’Brien $16,313.00.  In this economic climate it is understandable that they wish not to have to pay.

 

The Selectboard amended the Ordinance since historically allocation has been held for long periods without payment of the charge.  Seeking payment of 50% (in most cases) up front seemed to be a compromise from allowing someone to hold a precious commodity at no cost and requiring full payment up front.

 

In this economic climate, it is understandable that the developers are reluctant, or possibly unable, to pay this amount up front.  In response, I will submit that the Board has 3 choices:

1.      Grant their request for a waiver.

          This is a difficult choice from the perspective of consistency.  Any   developer can use financial hardship as a reason not to pay up front.  How will the Board decide when a developer is able to pay and when they are

          not?  I’m not sure the Town wants to review balance sheets and P&O’s as  part of the decision making process.

 

2.      Begin the process of amending the Ordinance.

           If the Board feels that they do not wish to collect some funds up front or collect less than 50% of the fee, the Ordinance could be amended to reflect the Board’s decision.  The process would take 2 meetings at a minimum.

 

3.      Do not grant the waiver.  

Although the allocation expires on March 23, there is ample sewer capacity to provide sewer allocation to build out this project. For the current three year allocation ending May 8, 2010, there are currently 23,670 gpd available at Plant #2.  This is after allocating 6608 gpd to Shelburne Wood.

 

I met with Stephanie O’Brien and Chris Snyder regarding the requirement that they pay 50% of the Aid-In-Capacity Charge prior to receiving their allocation.  Since there is ample capacity and only Shelburne Wood is competing for capacity, I suggested that they consider securing sewer allocation at the time they pull building permits.  Neither Stephanie nor Chris was excited about the concept.  While that is an understandable position for a developer who is attempting to reduce risk at every opportunity, this approach is an option should the Selectboard not provide a waiver.

 

Agenda Item #8 – TNC Proposal

Enclosed you will find a proposal from TNC to do a conservation project at the LaPlatte Nature Park. The project appears very competitive due to its positive impact on a Town resource.  The project is endorsed by the SNRCC.

 

Agenda Item #9 – Supplemental Environmental Projects

Four weeks ago the Lewis Creek Associates presented two projects for the Board to consider approving to be funded by the SEP account.  Today’s packet includes a copy of the proposal from TNC.

 

The SEP escrow account currently has a bit in excess of $41,000 available for projects. 

 

The costs of the proposals before the Board are as follows:

1.      Lewis Creek Water Quality Monitoring and

               Educational Outreach                      $  15,788.01

2.   Lewis Creek Invasive Species Removal   20,000.00

3.   TNC Conservation Project                            15,000.00

 

TOTAL REQUESTED                                               $ 50,788.01

 

 

 

Since it is unlikely that the Agency of Natural Resources will allow funds to be carried over another year, I recommend that the projects be funded to the extent of the existing funds.

     1.  Water Quality and Education                                                           $  15,788.00

            2.   TNC Conservation Project                                                     15,000.00

            3.   Invasive Species Removal                                                        10,212.00

 TOTAL          $  41,000.00

 

Any accumulated interest can be applied to the Invasive Species Removal project.

 

Agenda Item #10 – Google Project

The Board heard a summary at Town Meeting of what this project is about.  You may have also read the article in Friday’s Free Press about Burlington’s application. 

 

Christopher Gibbons is a member of a group of three who would like to respond to Google’s Request for Information.  Chris will make a short presentation and answer any questions that Board members may have about the project. 

 

The Town would be the formal applicant, but I expect Chris and others to put together the application.  Staff is compiling information and maps in support of the project.  At this point I do not see a down side to responding to Google’s request.  A motion would be in order for the Town to respond to the Request for Information.

 

Agenda Item #11 – Request from Tractor Supply for a Sewer Allocation

            Applicant                      Tractor Supply Co. (Cross Engineers)

            Location                       Shelburne Road (Hoechner Property)   Plant Location              Plant #1 – Crown Road

           

Beginning 3 yr. Allocation                                 2,746 gpd

Allocated to Date                                                    0      

Available Capacity                                            2,746 gpd

Allocation Requested                                           764 gpd

Remaining 3 yr. Allocation                                1,982 gpd

 

This request meets all requirements of Shelburne’s Ordinances pertaining to payments and the quality and eligibility for this allocation.  A motion would be in order to approve a non-residential  sewer allocation of 764 gpd for Tractor Supply Co. to be located on Shelburne Road at the former Hoechner property.

 

Agenda Item #12 – Town Plan Amendment

Please find an enclosure from Dean Pierce that includes a memo from Dean, a report from the Planning Commission, and a map reflecting the proposed changes.  A motion would be in order to acknowledge receipt of the proposed amendment to the Composite Future Land Use Map and report from the Planning Commission.

 

Agenda Item #13 – Phase 2b Zoning Bylaw Amendments                

Please find an enclosure from Dean Pierce that includes a memo from Dean, a report from the Planning Commission, and sections of the Bylaws reflecting the recommended changes.  A motion would be in order to acknowledge receipt of the proposed amendments and report to the Zoning Bylaws.

 

Agenda Item #14 – Consider Setting a Public Hearing

There are now three items that have been forwarded from the Planning Commission to the Selectboard:

1.      Amendments to the Floodplain and Watercourse Overlay District

(Article XVIII of the Bylaws)

2.      Amendments to the Town Plan Map

3.      Amendments to various Articles of the Zoning Bylaws referred to as Phase 2b

 

A motion would be in order to warn a Public Hearing regarding amendments to the Town Plan and Zoning Bylaws on April 13, 2010.

 

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 TOWN of SHELBURNE

 SELECTBOARD MEETING

                                                              

 Tuesday

 March 9, 2010

     7:00 P.M.

WAKE ROBIN COMMUNITY ROOM

 

Agenda

 

6:30    Executive Session- Litigation

7:00    1.   Call to Order

 

2.      Welcoming Remarks from Allie Stickney, President and Chief Executive  Office of Wake Robin and Mary Hoffman, President of the Wake Robin Residents’ Association.

 

3.      Approval of Agenda

 

4.   Citizen Participation (Opportunity for public comment on any Town Business that is not included on this agenda)

 

7:15    5.   Board Reorganization*

 

7:20    6.   Public Hearing on the Issue of Whether the Town Should Discontinue all  Town Highways that are not Otherwise Observable by Physical Evidence of

                 their use as a Highway or Trail and are not Included as Such on the Sworn Certificate of the Description and Measurement of Town Highways Filed with

                 the Town Clerk as of February 10, 2010.*

 

7:30    7.   Consider a Request From Stephanie O’Brien and Chris Snyder for Relief From the “Time of Payment” Provision of the Ordinance to Establish a Charge on New Users of Sewer Capacity.*

 

7:50    8.   Presentation of a Supplementary Environmental Project on Behalf of The Nature Conservancy.

 

8:05    9.   Consider Approval of Supplementary Environmental Projects Previously Presented by the Lewis Creek Association and The Nature Conservancy.*

 

8:25   10.  Consider Support to Respond to a Request for Information to Google to Become a Test Municipality for Installation of an Ultra High Speed Fiber

                 Optic Broadband Network.*

 

8:35   11.  Consider a Request for a Sewer Allocation in the Amount of 955 Gallons Per Day for the Proposed Tractor Supply Co. Store Proposed to be Constructed on

                 the Hoechner Property on Shelburne Road.*

 

8:40   12.  Consider Acknowledging Receipt of the Proposed Amendment to the Town Plan Map and Accompanying Report from the Planning Commission.*

 

8:45   13.  Consider Acknowledging Receipt of the Proposed Amendments to the Zoning By Laws and Accompanying Report From the Planning Commission.*

 

8:50   14.  Consider Warning a Public Hearing for the Selectboard to Hear Public  Comment on the Proposed Amendments to the Zoning Bylaws and Town Plan.*

                

9:00   15.  Consider Approval of Renewal Requests for Liquor and Tobacco Licenses.*

 

9:05   16.  Consider Approving the Minutes of February 23, 2010*

 

9:10   17.  Manager’s Report

 

9:15   18.  Member Concerns

               

9:25   19. Adjourn

 

* Decision Item

 

Reasonable accommodations shall be provided upon request to ensure that this meeting is accessible to all individuals regardless of disability.