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Selectboard Meeting Minutes
SELECTBOARD MINUTES OF MEETING AUGUST 9, 2005 MEMBERS PRESENT: Jim Dudley, Chairperson; Jim Talley, Chris Boyd. (Chris Neme and Lisa Levine were absent.) ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer. OTHERS PRESENT: Margaret Dyer, Elaine Dates, Steve Dates, Colleen Haag, Gwen Webster, Sue Davis (Shelburne News), and others. EXECUTIVE SESSION The Selectboard entered Executive Session at 6:30 p. m. for the purpose of discussing personnel matters. 1. CALL TO ORDER (regular meeting) Mr. Dudley called the meeting to order at 7:10 p.m. 2. APPROVAL OF AGENDA Move Agenda Item #14 (Consideration of a Request from the School Board to Agree to Naming a Playing Field at Shelburne Community School as a Memorial to Wayne Dextraze, Former Custodian at the SCS) to Agenda Item #5(a). 3. CITIZEN PARTICIPATION None. 4. PUBLIC HEARING – CONSIDERATION OF A PROPOSED AMENDMENT TO THE ZONING BY-LAWS THAT WOULD CLARIFY THE ZONING BOARD OF ADJUSTMENT’S ROLE IN REVIEWING BUILDING HEIGHT AND SETBACK IN THE REDEVELOPMENT PUD Mr. Bohne reviewed the suggestion that the Zoning Board of Adjustment be granted flexibility with regard to setbacks related to building heights. Language has been added to the proposed Redevelopment PUD (RPUD) and if approved will be added to the zoning bylaws. There were no comments from the public. MOTION by Mr. Talley, seconded by Mr. Boyd, to adopt Section h of 1640.2 F4 as written. VOTE: unanimous (3-0); motion carried. 5. CONSIDERATION OF A RESOLUTION HONORING THE COACHES, TEAM MEMBERS AND PARENTS OF THE SHELBURNE 11 AND 12 YEAR OLD ALL STARS ON CAPTURING THE LITTLE LEAGUE VERMONT STATE CHAMPIONSHIP MOTION by Mr. Boyd, seconded by Mr. Talley, to accept and move forward with presentation of the resolution honoring the Shelburne Coaches, 11 and 12 year old All Stars, and parents on capturing the Little League Vermont State Championship as read. DISCUSSION: All 13 team members and coaches will be presented with certificates and the resolution when they returned to Shelburne. Ms. Davis suggested August 20th, Shelburne Day, as a wonderful opportunity for the presentation date. VOTE: unanimous (3-0); motion carried. The Selectboard signed the resolution. 5(a). CONSIDERATION OF A REQUEST FROM THE SCHOOL BOARD TO AGREE TO NAMING A PLAYING FIELD AT SHELBURNE COMMUNITY SCHOOL AS A MEMORIAL TO WAYNE DEXTRAZE, FORMER CUSTODIAN AT THE SCS Mr. Bohne reported that the School Board and staff wished to honor Wayne Dextraze by naming one of the community ballfields in Mr. Dextraze’s memory. The School Board is seeking Selectboard approval. Mr. Dudley noted that Mr. Dextraze has been involved in the community ball program for many years. Mr. Boyd asked if one of the other fields would be named for Mr. Dextraze should the school need land for future expansion. Mr. Bohne stated the School Board will name the softball field in Mr. Dextraze’s memory. It is unlikely the field will be disturbed. MOTION by Mr. Talley, seconded by Mr. Boyd, to authorize the Shelburne Community School Board to name a playing field of their choosing at the Shelburne Community School as a memorial to Wayne Dextraze. VOTE: unanimous (3-0); motion carried. 6. CONSIDER A REQUEST FROM MARGARET DYER THAT THE SELECTBOARD RENAME HARRINGTON CIRCLE Mr. Dudley read a letter received from Margaret Dyer, dated 07/21/05, regarding re-naming Harrington Circle. In the letter Ms. Dyer stated the intentions of the Town were appreciated, but her mother, Henrietta Harrington Panettieri, would not approve of the road name choice. The Harrington family was the first to settle in Shelburne and are patrons of the town. “The Parade” was donated to the Town, for example. Ms. Dyer suggested the town name the road after someone else in town. Ms. Dyer said she did not discuss the road name with the developer. Her opinion was not sought. Sue Davis confirmed that Ms Dyer’s mother, Henrietta Harrington Panettieri, would not appreciate having the Harrington name associated with the development. Ms. Panettieri was extremely proud of the Harrington heritage and family name, and very generous to the town. The street is not historical and Ms. Panettieri would be offended by use of her name for the street name. There was brief discussion of the naming of the street (the road naming process occurred in November; no public comment were received), and concern that there has been a considerable lapse of time and the road name appears on all plats, land deeds, and associated documents. Mr. Frankenburg stated there is no formal road naming policy, but an effort was made to use historical references. Road naming is a public process. The Historic Sites Committee suggested the name for Harrington Circle. MOTION by Mr. Talley, seconded by Mr. Boyd, to rescind the Harrington Circle name as requested by Ms. Margaret Dyer. DISCUSSION:Mr. Dudley asked about the impact of changing the street name. Mr. Bohne stated all documentation associated with the project and reflecting the name (plans, records, deeds, and such) must be amended. Colleen Haag noted the 14 individual deeds have not been issued as yet. A reference could be placed on maps saying: “formerly known as Harrington Circle”. There is precedence. For example, Thompson Road shows up on old deeds as Bay Road. Mr. Dudley observed the task would be arduous if town staff has to contact every heir (for future road naming). Gwen Webster suggested living descendants who still reside in Shelburne be contacted for input. Ms. Dyer stated she still lives in town and operates her homestead as a Bed-and-Breakfast. Ms. Dyer said her family established the Town. The development under discussion is on her grandfather’s farmland. There was no further discussion. VOTE: unanimous (3-0); motion carried. Sue Davis suggested the town consider establishing a process for listing “approved” historic names for new roads. Mr. Frankenburg stated the Historic Sites Committee provides a list of historical names to developers. Typically, heirs are not contacted prior to a road being named. 7. CONSIDER APPOINTING A PIERSON LIBRARY TRUSTEE MOTION by Mr. Talley, seconded by Mr. Boyd, to appoint Margo Livingston as Pierson Library Trustee for the remainder of a two-year term. VOTE: unanimous (3-0); motion carried. 8. CONSIDERATION TO AUTHORIZE THE EXPENDITURE OF UP TO $2,500 FOR A GIS VISUALIZATION PROJECT IN SUPPORT OF NEGOTIATIONS WITH VELCO Mr. Dates reviewed the GIS visualization project proposal with Green Mountain Geographics. The project will result in 3-D views of the proposed VELCO upgrade route, including sensitive areas. There are six focus areas (identified during the VELCO hearings) which include the Bay Road bridge, Harbor Road substation, Shelburne Museum views, Bostwick Road bridge, and Blodgett fields. The project could be useful with regard to potential mitigation efforts related to clear-cut tree removal, pole heights, and plantings/vegetation. An email from VELCO received 08/09/05 leaves open the possibility that VELCO will participate in cost sharing in the project. It was recalled VELCO feels Shelburne is an opponent in the Public Service Board appeal and is not interested in paying opponent’s consultant fees. The estimated cost for the GIS project is $5,000 (if the cost is shared with VELCO, the town’s share is $2,500). Mr. Dates commented some areas of dispute might be settled with the project. Funds in the Selectboard Discretionary account could be used to pay the cost of the project. Mr. Dudley noted Robert Furrer, Shelburne Museum, hoped the Board would support and help pay for the visualization impacts of poles along the line route. At this stage of the VELCO upgrade, a preliminary route has been published, and this could be used to identify the extent of “clear cutting”. VELCO has been somewhat cooperative, but the town and VELCO are still litigating. There was further discussion and review of the proposal. The cost is not to exceed $5,000. The scope of work could be divided and the town could focus on the six key areas. There was the suggestion to complete a portion of the project ($2,500 worth), and then determine if more work is needed. Mr. Talley pointed out the project is a win-win situation: the town can use the data to illustrate visual impact and negotiate with VELCO. Mr. Dates cautioned the data may not resolve the appeal; there are more issues to settle. MOTION by Mr. Talley, seconded by Mr. Boyd, to appropriate $5,000 from the Selectboard Discretionary fund and authorize the expenditure of up to $2,500 to fund a GIS visualization project in support of the VELCO negotiations. VOTE: unanimous (3-0); motion carried. Mr. Bohne pointed out there are two parallel paths: the appeal to the Supreme Court (may take up to six months or more) and negotiations with VELCO. The appeal may be won. It was noted a replacement on the Negotiating Committee (Bill Rockford who moved out of town) may be necessary, but that Mr. Dates and Ms. Penar bring the experience gained through the entire process. 9. CORRECTION OF THE ASSESSMENT OF PROPERTIES THROUGH ERRORS AND OMISSIONS MOTION by Mr. Boyd, seconded by Mr. Talley, to grant an Errors and Omissions correction to Russell Elkins, 1037 Falls Road, parcel id #0720116000, for the assessment of his property at $191,000. VOTE: unanimous (3-0); motion carried. MOTION by Mr. Talley, seconded by Mr. Boyd, to grant an Errors and Omissions correction for Shelburne Farms property (new barn), account #209000000, to change to tax-exempt status. VOTE: unanimous (3-0); motion carried. MOTION by Mr. Boyd, seconded by Mr. Talley, to grant an Errors and Omissions correction for AR Associates, account #2122046000, for a net reduction of $120,000. VOTE: unanimous (3-0); motion carried. MOTION by Mr. Talley, seconded by Mr. Boyd, to grant an Errors and Omissions correction to the Auclair Property, account #2002069000, 4668 Route 116, for the assessment of the property at $235,959. VOTE: unanimous (3-0); motion carried. MOTION by Mr. Talley, seconded by Mr. Boyd, to grant an Errors and Omissions correction for the Shelburne Farms Caretaker’s house, account #2090000000, to change to tax-exempt status. VOTE: unanimous (3-0); motion carried. MOTION by Mr. Boyd, seconded by Mr. Talley, to grant an Errors and Omissions correction for property purchased by the Town of Shelburne, account #2600011000, to change to tax-exempt status. VOTE: unanimous (3-0); motion carried. 10. CONSIDERATION OF WAIVING PENALTIES FOR PROPERTY OWNERS FOR NON- OR IMPROPER FILING OF HOMESTEAD DECLARATION WITH THE VERMONT DEPARTMENTOF TAXES Mr. Bohne explained there is a penalty for filing incorrectly or failure to file a Homestead Declaration with the Vermont Department of Taxes. The Town has authority by state statute to waive the assessed penalty. Last year the Town Staff recommended doing a ‘blanket’ waiver of penalties if/when any requests were received. No requests were received to waive the late filing penalty for FY 04-05. Staff recommends that the Board take no action for FY04/05 and handle FY05/06 on a case-by-case basis. The state penalty accrues to the Town. Penalties will appear on the tax bill. There is an appeal process. Mr. Boyd asked if staff discussed clarification of the rule with the state representatives from the town. Mr. Bohne replied concerns were not raised with the representatives. Mr. Dudley asked if the Vermont League of Cities and Towns has concerns regarding the issue. Mr. Frankenburg said he is not certain of this. Following brief discussion, the consensus of the Board is to handle the matter on a case-by-case basis. 11. CLARIFICATION OF BOARD INTENT TO WAIVE THE INTEREST CHARGE FOR THE FIRST 30 DAYS AFTER THE DUE DATE OF PROPERTY TAXES Mr. Bohne briefed the Board on whether the town’s property tax software can handle waiver of interest charges in the first 30 days following the due date of property taxes. The intent is to give a 30-day “holiday” on new delinquencies (2005/2006 tax year), but not on past delinquencies. MOTION by Mr. Talley, seconded by Mr. Boyd, that the interest rate on late property tax payment for the 2005/2006 tax year be 1.5 percent per month on each portion thereof of past due balances with the following exception: The interest rate will be zero percent for the first month (30 days) after each due date (August 15th, November 15th, March 15th) on the unpaid amount that was due on the due date. VOTE: unanimous (3-0); motion carried. 12. CONSIDER RENEWING THE CAPITAL EQUIPMENT NOTE MOTION by Mr. Talley, seconded by Mr. Boyd, to renew a Capital Equipment Note with the Chittenden Bank for the principal amount of $6,300 at 3.15 percent interest as presented. VOTE: unanimous (3-0); motion carried. 13. CONSIDERATION OF APPLICATION FOR A LIQUOR LICENSE FOR TERRA LINDA MARKET, TENNYBROOK SQUARE The Selectboard signed the liquor license application for Terra Linda Market, Tennybrook Square. 14. APPROVAL OF THE MINUTES OF 7/12/05, 6/23/05, 7/25/05 JULY 12, 2005 MOTION by Mr. Boyd, seconded by Mr. Talley, to approve the minutes of July 12, 2005 as written. VOTE: unanimous (3-0); motion carried. JUNE 23, 2005 Postponed until the next meeting of the Selectboard. JULY 25, 2005 MOTION by Mr. Talley, seconded by Mr. Boyd, to approve the minutes of July 25, 2005 as written. VOTE: unanimous (3-0); motion carried. 15. MANAGER’S REPORT Mr. Bohne reported on the following items:
16. MEMBER’S CONCERNS -Route 7 project: Shelburne portion will be complete by the end of October, including final paving and landscaping (topsoil and grass). Signalization will be installed. The east side of the road will be paved and curbs installed soon. The side roads will be paved by the end of the week. The Route 7/Monroe Brook box culvert project is nearing completion. -Town Plan Update: Meeting date with Shelburne Farms needs to be rescheduled; the first week in September suggested. An October retreat and meetings to discuss the Open Space Plan and Town Plan will also be needed. An RFP on the Village Plan was sent out and responses received. Proposals are under review. Mr. Dudley requested a summary of the Town Plan changes and revisions be provided to the Board for review. Changes and impacts should be published for public review. 17. ADJOURNMENT MOTION by Mr. Talley, seconded by Mr. Boyd, to adjourn the meeting. VOTE: unanimous (3-0); motion carried. The meeting was adjourned at 8:51 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Accepted by, James Dudley, Selectboard Chair
SELECTBOARD MINUTES OF MEETING AUGUST 23, 2005 MEMBERS PRESENT: Jim Dudley, Chairperson; Jim Talley, Chris Boyd, Lisa Levine. (Chris Neme was absent.) ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Bernie Gagnon, Public Works Director OTHERS PRESENT: Meg Pond, Dan Senecal-Albrecht, Bill Embick, Linda Embick, Sue Davis (Shelburne News), and others. EXECUTIVE SESSION The Selectboard entered Executive Session at 6:00 p. m. for the purpose of discussing legal matters. 1. CALL TO ORDER (regular meeting) Mr. Dudley called the meeting to order at 7:10 p.m. 2. APPROVAL OF AGENDA Postponed: Item #4 - Consideration of a Claim by Linda Watts for Damage Caused by Sewer Backup. Addition: Close-out Hearing for Vermont Community Development Block Grant. 3. CITIZEN PARTICIPATION None. 4. VERMONT COMMUNITY DEVELOPMENT BLOCK GRANT CLOSE-OUT HEARING The hearing was opened. Meg Pond, Administrator with Lake Champlain Housing Development Corporation, reviewed the Shelburne and Lake Champlain Housing Development Corporation partnership to develop a total of 20 affordable rental units on Ockert Lane and in the Noonan House. Rents are based on income and credit qualification for the perpetually affordable units. Covenants go with the title relative to the rental ceiling. Grant money of $550,000 funded the new construction portion of the project. The Town contribution was $23,000. A closing-out hearing is requested, and any costs to be reimbursed to the Town should be submitted. It was noted the Noonan House is leased to the Lake Champlain Housing Development Corporation and is a combined rental and commercial use. MOTION by Mr. Talley, seconded by Ms. Levine to close the public hearing on the Vermont Community Development Block Grant warned Close-out Hearing. VOTE: unanimous (4-0); motion carried. 5. CONSIDER AMENDING THE EDUCATION IMPACT FEE ORDINANCE TO ADD THE COST OF CONSTRUCTION AT CVU – First Reading Mr. Bohne reviewed the amendment to the Education Impact Fee Ordinance to add impact fees for payment of Shelburne’s portion of costs associated with the CVU expansion project. Information on the basis for establishing an impact fee was provided to the Board in their meeting packets. The information contains base fees and credit tables to calculate impact fees for single and multi-family dwellings. Shelburne’s existing education impact fee for Shelburne Community School facilities is approximately $6,000 for a single family dwelling and approximately $2,000 for a multi-family unit. An error on Page 3 (3rd line) of the CVU impact fee study was noted and page 3, line 6 should be a factor of 0.05152. Mr. Dudley suggested deleting or changing the word “land” to “dwelling” on Page 5, Table 2, Impact Fee Credit. Mr. Talley disagreed with the statement on Page 2 saying “new units may be more attractive to younger families”. MOTION by Ms. Levine, seconded by Mr. Boyd, to amend the Shelburne Impact Fee Ordinance to include a CVU Impact Fee of $3,015 for a single-family dwelling and $1,044 for a multi-family dwelling, and to declare the First Reading of the amended Shelburne Impact Fee Ordinance and warn a public hearing on 09/13/05. VOTE: unanimous (4-0); motion carried. 6. CONSIDER LOCATION OF A FOURTH WAYSIDE EXHIBIT PANEL Dan Senecal-Albrecht, Special Projects Planner for the Lake Champlain Byway project, displayed a colored information panel for review. Proposed locations for three panels include Ti-Haul Road, Shelburne Bay Park, and Shelburne Bay. There was discussion of the placement of panels (Bay Park, fishing access parking lot, Ti-Haul trail, and possibly at the other end of the trail), potential savings by creating two similar panels ($500), highlighting Shelburne’s historical and geological features (i.e. Shelburne Shipyard), drafting a simple map of the water trail with a brief overview of what visitors are seeing, having a map of the town on the back of the panels, and suggested locations for a fourth panel (Pierson building, Village Center, Shelburne Museum, Teddy Bear Factory). Mr. Senecal-Albrecht noted the Pierson triangle green has foot and car traffic with unobstructed views from Route 7. Mr. Bohne suggested seeking community reaction before installing the signs. Mr. Senecal-Albrecht suggested placing a mock-up of a panel to see how the design works. The signs will be four foot wide and three foot high on wooden or aluminum posts. The color is on one side. Mr. Dudley suggested doing a site walk on September 27, 2005. Mr. Bohne noted there may be some funds available for a second sign on the Ti-Haul trail. 7. RESULT OF BIDS FOR CONSTRUCTION OF THE STORMWATER TREATMENT PROJECT AT HULLCREST PARK AND POSSIBLE RECOMMENDATIONS FOR CONSTRUCTION Mr. Bohne introduced Bernie Gagnon, Shelburne Public Works Director, and stated that out of five bid packages sent to construction companies for the Hullcrest Park stormwater treatment project, only one bid was received. The bid was for $674,000 which exceeds the estimated cost of $500,000. At this point staff does not have a final recommendation. The sole bidder was asked to forward details of the bid for review. One option is to divide the project into sections so smaller contractors can participate in the bidding process. The project could be put out for bid again in December. Conversations have been held with the ANR regarding additional sources of funding. Mr. Dudley observed one bid is non-competitive, and asked if the Town can renegotiate with the bidder. Mr. Bohne explained the contractor submitted a lump sum bid. A breakdown of the bid can be requested. Mr. Gagnon stated the engineer’s estimate was well itemized. It may be possible to have the contractor do only a portion of the project and defer other items. Bill Embick, Hullcrest Park neighbor, asked why the park has been disrupted, noting there is a large pile of dirt next to his house and no grass. Mr. Bohne explained this is the first stormwater project in the state funded with federal, state, and local money. The project will be done, but there was a timing lag between the design and bid process. The goal is to clean up Lake Champlain. Mr. Senecal-Albrecht noted he lives near Mr. Embick, and expressed concern about the dirt pile as well (attracting dirt bikers and others). Mr. Senecal-Albrecht spoke in support of doing the project soon. There was mention of the playground ice rink. Paul Bohne stated the town will investigate whether it can flood an area for an ice rink. Linda Embick, Hullcrest Park neighbor, asked if the federal and state money will be set aside if not expended this year. Mr. Bohne confirmed this. The state is exploring the potential for additional money for stormwater projects from the new transportation federal allocation funding. Ms. Embick also expressed concern about the dirt pile being a safety hazard for the neighborhood children. There was further discussion of the bid process, the possibility of moving forward with pieces of the project this fall and winter; and other sources of funding. 8. CONSIDER NAMING THE NEW STREET OFF HARBOR ROAD: “McCABE CIRCLE” There was brief discussion of the need to rename Harrington Circle, and the suggestion of McCabe Circle (the McCabe family lived in the area and there is historical tie-in). MOTION by Mr. Boyd, seconded by Ms. Levine, to approve the name of “McCabe Circle” for the new street off Harbor Road (the street formerly known as Harrington Circle). VOTE: unanimous (4-0); motion carried. 9. APPROVAL OF MINUTES JUNE 23, 2005 MOTION by Ms. Levine, seconded by Mr. Talley to approve the Selectboard minutes of 06/23/05 with the following corrections/additions: Page 1, Members Present - change “Ms. Levine (Executive Session)” to read “Ms. Levine (via telephone)”; last sentence, “…the reason for the contract price increase included items not part of the current contract.”; Page 2, 9th paragraph, 3rd sentence - change to read: “He said that the removal of temporary girders was…”. VOTE: unanimous (4-0); motion carried. AUGUST 9, 2005 MOTION by Mr. Talley, seconded by Mr. Boyd, to approve the Selectboard minutes of 08/09/05 with the following corrections/additions: Page 3, Item #8, 6th sentence - change to read: “It was stated by Mr. Dates that VELCO…and is not inclined to pay…”; Page 4, 3rd paragraph, 3rd line - change to read: “Mr. Dudley said that there is no requirement that a replacement…was necessary,…”; add: “The Board should only act on recommendations by Mr. Dates and Ms. Penar.” VOTE: 3 ayes, 1 abstention (Ms. Levine); motion carried. 10. MANAGER’S REPORT Mr. Bohne announced a parade will be held Friday, 08/26/05, at 6:00 p.m. beginning at the Shelburne Craft School and ending at the Village Center. The Shelburne Little League All Star Baseball Team will be presented with individual certificates of recognition for their 2005 Vermont State Championship. 11. MEMBER CONCERNS Mr. Dudley suggested meeting with Shelburne Farms on 09/07/05. 12. ADJOURNMENT MOTION by Ms. Levine, seconded by Mr. Boyd, to adjourn the meeting. VOTE: unanimous (4-0); motion carried. The meeting was adjourned at 8:30 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Approved, James Dudley, Selectboard Chair
January 2005Selectboard Meeting Minutes February 2005 Selectboard Meeting Minutes March 2005 Selectboard Meeting Minutes April 2005 Selectboard Meeting Minutes May 2005 Selectboard Meeting Minutes June 2005 Selectboard Meeting Minutes July 2005 Selectboard Meeting Minutes August 2005 Selectboard Meeting Minutes September 2005 Selectboard Meeting Minutes October 2005 Selectboard Meeting Minutes November 2005 Selectboard Meeting Minutes December 2005 Selectboard Meeting Minutes |
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