MEMBERS PRESENT:       Jim Dudley, Chairperson; Chris Neme, Lisa Levine, Chris Boyd, Jim Talley.

ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Bernie Gagnon, Public Works Director.

OTHERS PRESENT:            Andrea VanHoven, Mike Momany, Sheryl Roberts, Pat Lawrence, Beverly Remick, Ed Precourt, Dick Reid, Russ Colvin, Susan Davis (Shelburne News), and others.

 

The Selectboard entered Executive Session for the purpose of discussing real estate matters which would place the Town at a disadvantage, and invited the Town Manager to attend. The Board entered Executive Session at 6:00 p.m. and adjourned at 7:04 p.m.

Mr. Dudley called the meeting to order at 7:05 p.m.

 

There were no changes to the agenda.

 

None.

 

Mr. Bohne stated staff sent a meeting notification letter to Hullcrest residents regarding the Hullcrest Storm Water project update. Bernie Gagnon reported the Hullcrest storm water project was awarded to N. L. Chagnon on 10/14/05 for $120,000 for construction of catch basins and storm water tie-ins. Work has begun. A mid-November completion date is anticipated. Concurrent with the Chagnon award, a bid was put out for the cost to purchase the chambers. Two bid packages were received. The Town is seeking authorization to review the bids. In addition to on-going work, stockpiled soil piles will be fenced off and the Town will install an ice skating rink for the neighborhood. One issue related to the dirt pile is that a neighborhood group wants the pile opened up for use. There is another group that wants the dirt pile off limits due to safety reasons. The Town is responsible for soil erosion control. There is concern about storm damage and sediment run off if the pile is opened up. The state could fine the Town for erosion damage. Staff recommends the dirt pile be fence with signage. There was discussion of posting the dirt pile with “No Trespassing” signs and fencing (currently there is orange net-fencing), the dangers of neighborhood activity at an active construction site, correspondence between the Town and neighbors, the suggestion that the dirt pile be used as a sledding hill during the winter months (planted grass could be matted and damaged), and types of fencing. Mr. Gagnon said staff is looking at a six foot chain-link fence versus the orange netting.

 

Mike Momany reported Shelburnewood residents have entered into a contract to purchase the mobile home park subject to resolution of an existing contract with Gregg Beldock. Mr. Beldock may be interested in stepping aside. There may be opportunity to include an affordable or low-income housing project in the park. The Town will be asked to sponsor a community development block planning grant. Discussions are on-going with the Shelburne Inn/Redstone group regarding access to the mobile home park. Mr. Momany asked about a potential “loop road”, noting park residents will cooperate with the Town if the road moves forward. Mr. Dudley asked about the width of the current right-of-way access. Mr. Momany explained there is a 16’ wide right-of-way easement through the Shelburne Inn property. The Shelburne Inn/Redstone group offered a 24’ wide access. There have been meetings with the Town Planner and continuing discussions with the Shelburne Inn/Redstone group regarding this matter. Mr. Neme asked if the park needs a wider access road to consummate the park purchase. Mr. Momany confirmed this. It was not the Shelburne Inn group has a proposal before the Planning Commission, but all the issues may not be addressed in the application. Mr. Bohne observed a 24’ wide access might be acceptable, but most are 30’ wide to accommodate sidewalks and safety issues.  Mr. Momany stated a single access point is of concern for emergency vehicle access to a high density development. Shelburne regulations call for a 60’ access which is above the 40’standard. The ideal solution is a municipal road.

 

Mr. Momany noted there is no need for funding at this point. The contract was only recently signed this week. Mr. Bohne explained the $368,000 HUD grant would be managed by Opportunities Credit Union to leverage more grant funding for community projects. A mock grant check to the State of Vermont was shown.

 

Mr. Momany stated approximately six acres of the property along the LaPlatte River is not developable and worth conserving. Conservation organizations have approached park residents. It is understood the Town is interested in a greenway along the river. The residents are ready to cooperate.  There was further discussion of the interest by Housing Foundation Inc. to develop some housing in the park with the Vermont Land Trust as a conservation partner, preliminary budgets that could include funding through Rural Development 515 (Elderly Housing rentals), HUD 402 funding (Senior Assisted living units), or Lake Champlain Housing Vermont and Gregg Beldock, and the Shelburnewood Board’s primary goal to preserve the park.

 

Sheryl Roberts, Shelburnewood resident, said the Shelburnewood Board is meeting with Opportunities Credit Union to explore a coop. The parties have 18 months to work through the process. The park closure notice has not been pulled yet. If the purchase does not succeed, the Thomas do not want to start the process over again.

 

Mr. Bohne recalled at the 09/27/05 Selectboard meeting there was discussion of the town competing with private enterprise. The Town Attorney’s opinion is that as long as the primary purpose of a public facility is for public use, the incidental use of the town leasing space on the water tank to the telecommunications companies is legal.  Mr. Dudley pointed out the Telecommunication Ordinance directs the Town to look at existing assets versus new construction. Mr. Bohne stated there is a clause in the lease saying wireless companies must make an annual good faith effort to locate on an alternate site. The wireless companies would like the clause removed so they do not have to return to the town each year.  There was discussion regarding data related to the Wake Robin site (the height of the Wake Robin tank is an issue), the opinion by the Town’s consultant (Hutchins) that the Burlington tower will provide equal service to the south water tank, the status of the neighbors’ concerns regarding radio frequency emissions (radio frequency is a concern at the south water tank or at a new tower located in the general vicinity), new concerns should the wireless companies move to the Wake Robin tank, other sites explored by RCC, and whether there would be an issue with the Planning Commission relative to having an existing site and a new site and tower should a new site be identified and a tower proposed. Mr. Neme questioned if amending the contract means the entire contract can be renegotiated. Mr. Bohne did not know. Ms. Levine suggested the wireless companies look at the VELCO project for potentials sites. Mr. Neme suggested adding contract conditions stating if the Selectboard identifies a location the wireless companies can use, the contract is reopened and the terms of the lease can be revisited. It was noted neighbors living near the current location have not attended recent Board meetings on the issue.

 

MOTION by Mr. Neme, seconded by Ms. Levine, that the Town modify the leases for Wireless Carriers located on the Town’s south tank and eliminate the “Alternative Site” clause with the following conditions:

Mr. Bohne reported developers of a small housing development on the east side of Spear Street requested placement of water and sewer lines underneath Spear Street to a mound system on the west side of the street (on the Precourt property).  Ed Precourt gave a brief history of the Kelly Farm and current development on the farm property. Robert Perry, attorney, confirmed the language is acceptable to all parties. The lines will be going through an 8” steel pipe for the utilities, a 4” pipe for the water main, and a 2” pipe. It is proposed to bore underneath the road. The Planning Commission will hear the application for final approval on Thursday 10/13/05. There will be no future development as a condition for approval. There is a 10.3-acre lot (Lot 4) on the 22-acre Kelly Farm to be preserved as open space. Mr. Neme stressed the Town should make it clear the developer will be financially responsible for any adverse impacts to Spear Street. Mr. Precourt stated there is language regarding responsibility being transferred from the developer to the future homeowners in the development.

 

MOTION by Mr. Talley, seconded by Mr. Neme, to grant a license to Kelly View, LLC, to allow private utilities under Spear Street and authorize the Town Manager to sign the documents subject to final approval by the Planning Commission. VOTE: unanimous (5-0); motion carried.

 

Mr. Frankenburg explained Homestead filing (HS131) is an annual process. The Act 68 filing deadline is April 15^th. In this case, the tax preparer filed the documents electronically. Both property owners re-filed when notified by the state. The state claims the filings were not received and assessed a one-percent penalty. Evidence was produced that the documentation was filed electronically. The state acknowledged there was an issue with the software.

 

MOTION by Ms. Levine, seconded by Mr. Boyd, to waive HS 131 late filing penalties for Teresa Patrin ($54.30) and for Elias Thomas ($69.73) as presented.

DISCUSSION: Mr. Dudley asked if the accountant is liable for the penalty. Mr. Frankenburg stated the evidence shows the accountant attempted to file on time.

    CALL THE QUESTION   by Mr. Dudley. Discussion ceased.

VOTE: unanimous (5-0); motion carried.

MOTION by Mr. Neme, seconded by Ms. Levine, to support two Chittenden County Regional Planning program grants for a Brownfields study and administering Homeland Security exercises as presented. VOTE: unanimous (5-0); motion carried.

Mr. Bohne reported the Public Service Board (PSB) heard the revised estimate for the cost of the VELCO project and determined the application would not be reopened. The Supreme Court will allocate five minutes for arguments related to the current appeals. The Town will wait for a determination on the brief filed on behalf of the towns (appeal).

 

The funding for data input services from Steve Dates relative to topographical data on the proposed VELCO route (entered into a computer database) was discussed. The mapping project has been halted. VELCO has not responded to telephone requests for route information from Mr. Dates. VELCO has approached the Town for permission to begin the survey process on town-owned land. Surveys will consist of soil borings, wetlands delineation and archeology surveys. The town owns three sites. The Town Attorney advised there is no reason to withhold permission to enter town lands.  Ms. Levine asked if trees (6” in diameter) will be cut down for the surveys, and expressed concern the trees will be felled where there is no exact path and the trees will not be replaced. Mr. Bohne observed tree height could be 25’ to 30’ and the cutting will happen anyway. It is expected VELCO will conduct a standard survey. Ms. Levine asked if there is a defined pathway. Mr. Bohne stated there is not agreement on an exact path or with Meach Cove either. Mr. Neme expressed concern about the lack of cooperation from VELCO with Mr. Dates yet VELCO is asking the town for permission to continue with their work. A good faith effort to engage in discussions and cost sharing is needed. Mr. Dudley suggested the request from VELCO should be further explored and action delayed until the next Selectboard meeting.

 

Mr. Reid, resident, asked for clarification as to the request from VELCO regarding the location (by the substation, in back of the rescue building, along the soccer fields). It was noted Mr. Dates advocated for the line that avoids the town garage and soccer fields. Also, VELCO may be persuaded from cutting trees. Mr. Reid suggested the town wait to see if the appeal is granted before moving forward. Mr. Dudley noted as Mr. Date’s mapping project progresses and the town’s appeal continues through the process, the VELCO project does not stop. The issue of the line by the soccer field involves the Nature Conservancy, not Mr. Dates’ work.

 

Russ Colvin, Harbor Crossing Association representative, said VECLO is addressing the Harbor Crossing Association for approval to conduct a survey on the association’s property. It is not clear what the PSB has approved with regard to a route through Harbor Crossing property. The attorney for the PSB and the Town Planner have been contacted, but the information is not clear. Mr. Colvin asked about the town’s support of the route outlined in Plan A, B or C in the Harbor Crossing area. Mr. Bohne replied there is ambiguity in the line laid out by the PSB regarding an exact line and placement of poles. At this time, the plan is not A, B, or C. Plan A was proposed by VELCO. The Town is trying to get the line underground going through Meach Cove and across McCabe’s Brook. The line could be moved a bit, but not at the Depot Road or Harbor Road areas.

 

MOTION by Mr. Boyd, seconded by Mr. Neme, to approve the minutes of 09/27/05 with the attachments for clarification by Mr. Neme. VOTE: unanimous (5-0); motion carried.

 

Mr. Bohne reported the Shelburne Police Department came in third in the National Click-It-or-Ticket-It competition. The plaque awarded to the police department was displayed.

 

-Ms. Levine asked for a briefing on the public session held to discuss revisions to the zoning regulations. Mr. Dudley reported the session went well with three discussion groups reviewing potential zoning changes in line with the town vision, potential for expanding the Village District and sewer treatment plant, and other impacts.

 

-Mr. Dudley announced he is meeting with Shelburne Farms on Wednesday, 10/12/05 at 2:00 p.m. for a general discussion.

 

MOTION by Ms. Levine, seconded by Mr. Boyd, to adjourn the regular meeting and enter Executive Session. VOTE: unanimous (5-0); motion carried.

 

The Board entered Executive Session at 9:00 p.m.

 

MOTION by   , seconded by    , to adjourn the meeting.  VOTE:   unanimous; motion carried.

 

The meeting adjourned at    p.m.

 

 

Accepted,

James Dudley, Chairman, Shelburne Selectboard

MEMBERS PRESENT:       Jim Dudley, Chairperson; Chris Neme, Lisa Levine, Jim Talley. (Chris Boyd was absent)

ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Dean Pierce, Town Planner.

OTHERS PRESENT:            Greg Brown, Garret Mott, Gwen Webster, Kevin Clayton, Reg Gignoux, Holly Fleck (Shelburne News), Ashley Matthews (Burlington Free Press).

 

EXECUTIVE SESSION

The Selectboard entered Executive Session at 6:00 p.m. for the purpose of discussing legal matters.

Mr. Dudley called the regular meeting to order at 7:15 p.m.

 

There were no changes to the agenda.

None.

 

Greg Brown and Garret Mott, CCRPC, reviewed the second revision of the draft CCRPC Regional Plan. The revision will be presented at a public hearing in January/February for adoption in September, 2006. Changes from the 2001 Regional Plan and comments from member towns are incorporated in the new draft. Shelburne’s comments regarding substantial regional impacts have been addressed. The 2001 Regional Plan criteria are retained, but will be reviewed by a task force. Criteria revisions can be amended at a future time. If a municipal plan disagrees with the regional plan, then the SRI will prevail, said Mr. Mott. Mr. Brown clarified the SRI can vary from region to region and does not have anything to do with local review. The SRI will be used to determine Act 250 project priorities reviewed by the Regional Planning Commission. Town comments can be conflicting and the SRI will be set aside until a consensus is reached. All municipalities will have an opportunity to help craft the SRI. The Regional Planning Commission has no legal standing in the Act 250 process. Mr. Neme asked if the towns will get “stuck” with a system they do not like if a consensus is not reached. Mr. Mott said that even with the 2001 criteria flaws, at least the Plan will have criteria. Mr. Neme suggested addressing points not so contentious and leaving the differing points for later. Mr. Mott replied the difficulty is there are some communities that felt strongly one way, some that support the 2001 criteria, or some that say change it completely. The goal is to not offend anyone. Mr. Neme asked if the involvement is only with Act 250 or if, for example, transportation impacts of two lanes versus four lanes are covered. Mr. Brown explained in cases where the Regional Plan and a town plan disagree, the Regional Plan prevails. The MPO writes the transportation plan and is bound by an MOU. The Regional Planning Commission will review the criteria. The MPO reviews Criteria #5. Mr. Neme expressed concern. It was noted there have not been any disagreements between plans since the 2001Regional Plan was adopted.

 

Mr. Dudley noted concern with the maps in the Regional Plan. Mr. Mott clarified the Regional Planning Commission is not dictating to a town how/where to zone. If planning areas are in conflict, Regional Planning should be notified.  Mr. Brown stated the maps will not be redone until the revised Shelburne Town Plan is adopted.

 

Dean Pierce, Shelburne Town Planner, reviewed comments from the Shelburne Planning Commission expressing concern the Metro 2 area can not be reconciled to Shelburne’s rural district. Also, the boundary with South Burlington is an issue. Mr. Mott conceded “Metro 2” and “rural district” sound hugely different, but study of the definitions in the Regional Plan shows the areas are not unworkable. The idea is to provide flexibility.

 

Comments on the draft Regional Plan will be posted on the Regional Planning Commission website.

 

Dean Pierce gave a brief history of 1988 Village Plan Policy. Unit costs will match in the updated Comprehensive Town Plan and New Village Plan. The project should be complete in January. Stakeholder meetings were held. The Historic Preservation Committee, Village residents, and small village businesses were interviewed. A workshop with the consultant is scheduled for 11/02/05 at 7:00 p.m. Articles will be published in the Shelburne News. The Selectboard will hold public hearings regarding the final version. Mr. Pierce provided copies of the plan for review. Copies are also available through the Planning office or can be emailed. Proposed map changes are “evolutionary not revolutionary”, stated Mr. Pierce. The format includes two volumes: Volume I is a policy volume (formerly Volume II of the previous plan) and Volume II is the narrative foundation for policy language.  The Planning Commission is working on zoning regulation updates while keeping in mind the Town Plan may change. There are a number of Town Plan recommendations and recent state statute changes that should be addressed in zoning. Next steps include a section-by-section review and adjustments to the proposed schedule for revising general regulations, definitions and state statute requirements.

 

Mr. Bohne reviewed progress on the Hullcrest storm water project. The contractor is on-site. The concrete structure will be in place next week. Mid-November is the target completion date. The gas main in Pinehurst will be moved. Mr. Bohne reviewed funding (at $800,000 down from $1 million with new estimates of $351,900). The Town received one bid on the chambers for $137,000 versus the $123,000 estimate. The bidder is agreeable to storing the chambers on their site until needed. The Shelburne Public Works Director will provide some engineering oversight for a cost offset. Mr. Bohne noted with Mr. Gagnon as the Shelburne Public Works Director (and being an engineer), the town has reduced the use of consultants by 40%. Next steps with regard to funding were reviewed. Estimates will be provided to the state for review. The state will assist in locating more money for the project. STAG money and state grant funds will be made available. The Town is seeking to award the chamber bid at a cost of $137,621 and the fence at an estimated cost of $3,500 for a total of $141,121.

 

MOTION by Mr. Neme, seconded by Mr. Talley, to approve the purchase of the Hullcrest storm water project chambers and fence for protection at a cost not to exceed $141,500. VOTE: 3 ayes, 1 nay (Ms. Levine); motion carried.

Mr. Frankenburg reviewed the summary of FY05 Year End financial figures. The auditors have finished their fieldwork and are preparing adjustments. The General Fund (budget) revenues and expenses were reviewed. The Fund Balance was reduced $166,680 at year-end. In response to a question about the approved budget amount, Mr. Bohne explained the budget approved by the voters authorizes the Town to raise that amount of money to meet obligations. The Town Manager has the authority to move money within the budget. The Selectboard has the authority to spend what is necessary to maintain/operate town facilities (roads, treatment plants, and such).  The Town is expected to follow the budget approved by the voters, but there is some discretion to move funds if needed. Mr. Talley asked if there is a cap. Mr. Neme expressed concern about a $300,000 item. Mr. Frankenburg explained there are timing issues when items (such as a fire truck) are approved and when they are received or when grants are awarded/received.

 

Tax revenues ($46,000 below budget due to property tax appeals) and expenditures by Town departments were reviewed. Mr. Frankenburg stated the Hullcrest project expense will be in the Public Works budget. Payments of STAG and grant money will be received as an offset. Mr. Neme asked the amount of reduction in revenues due to property tax appeals and the effect on next year’s budget. Mr. Frankenburg stated next year’s budget should not be affected. Most of the appeals have been resolved. Six appeals are still active.

 

Appreciation was extended to Mr. Frankenburg and Town staff for keeping the budget numbers under control.

 

8.         APPROVAL OF MINUTES OF 10/8/05 AND 10/11/05

Page 2, “F”, last sentence - add the wording: “...that the School Board presentation...”.

VOTE: unanimous (4-0); motion carried.

 

VOTE: unanimous (4-0); motion carried.

 

Mr. Bohne reported a resignation from the Shelburne Natural Resources and Conservation Committee was received. An ad has been posted. One application and one inquiry were received. An interview can be scheduled at the next Selectboard meeting. There is also an opening on the Zoning Board.

Ms. Levine expressed concern about the height of trees for screening to be planted between Ark Veterinary Clinic and the Shelburne Athletic Club not being the height stated in the agreement (20’). The terms of the agreement should be imposed, stressed Ms. Levine. Mr. Dudley stated the issue is not the height of the trees, but the size of the root-ball for the designated location(s). The contractor put in five loads of fill, and the trees were to arrive anytime. The height of the trees is between 13’ and 15’. Ms. Levine said per her research a 20’ tree with a smaller root-ball could fit in the ditch area. Trees are warranted for a year. The applicant, Mr. Beldock, indicated at a Zoning Board of Adjustment meeting that he would plant 20’ tall trees. There appears to be some backtracking on promises. Mr. Bohne recalled the Selectboard announced an agreement to the public and two Zoning Board members expressed their unhappiness with the process and that they could plant 20’ to 24’ high trees. Ms. Levine replied Mr. Beldock did agree to plant a tree as close as practicable to 20’ in height. Mr. Bohne said he made a judgment call when discussing the issue with the contractor on what would fit into the site. Trees 20’ in height will need to be attended to and staked. There is concern larger trees planted on the side of the ditch will be subject to winds blowing them over. Mr. Bohne mentioned his expertise with trees, adding the trees have been ordered. Mr. Dudley expressed confidence in Mr. Bohne’s expertise and judgment. Ms. Levine asked about the time it will take for the trees to grow to “screening” height. Mr. Bohne replied the tree species on order grow approximately a foot per year and will take 10-15 years to grow to screening height.

 

Mr. Bohne will e-mail the schedule of budget discussions to the Board. Mr. Dudley requested copies of the draft Open Space Plan be sent to Board prior to the 11/01/05 work session.

 

Mr. Dudley suggested doing a study on the potential for a Shelburne bypass or alternative at some point in the future, and discussing the matter as an agenda item at a Selectboard meeting.  At an upcoming MPO meeting, activity in Shelburne, such as the update of the Village Plan, Shelburnewood, and such, should be mentioned.

 

 

The meeting was adjourned at 9:10 p.m.

 

 

 

Accepted by,

 

 

 

 

Jim Dudley, Chairman, Shelburne Selectboard