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Selectboard Meeting Minutes
SELECTBOARD MINUTES OF MEETING NOVEMBER 8, 2005 MEMBERS PRESENT: Jim Dudley, Chairperson; Chris Neme, Lisa Levine, Jim Talley, Chris Boyd. ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer. OTHERS PRESENT: Marcel Beaudin, Holly Fleck (Shelburne News), Ashley Matthews (Burlington Free Press). 1. CALL TO ORDER Mr. Dudley called the meeting to order at 7:05 p.m. 2. APPROVAL OF AGENDA Changes: Item #6 – Irv Rose resolution deferred to next meeting; add: Item 8b) Skid-steer award and Item 8c) Amend Tax payments due Shelburne. 3. CITIZEN PARTICIPATION None. 4. CONSIDER REQUEST FROM MARCEL BEAUDIN FOR SEWER SERVICE TO ONE OR MORE LOTS ON BAY ROAD SOUTH OF THE RAILROAD UNDERPASS Mr. Bohne gave a brief history of the Bay Road sewer line (ends at the railroad underpass), the Bay Colony manhole and pump station. There is a pump station on the uphill side of Bay Road to the north and a sewer line under the railroad underpass to the Adams house. Mr. Bohne commented Shelburne residents have expressed interest in the environment, but have not been concerned with the conditions of the septic systems along Bay Road. Marcel Beaudin has been the exception. The area is wet, prone to flooding, and it seems likely pollution is reaching Shelburne Bay. Marcel Beaudin, resident, explained his proposal for a low pressure force main system to his two lots. Mr. Beaudin will cover the cost of the system. Each lot will have its own pump station to a manhole at the intersection of Yacht Haven and Bay Road. It is hoped to do the project this fall (2005). Mr. Bohne asked the Board to consider planning, engineering and installation of the system. The Town could create an assessment district for Bay Road and charge each lot owner for the cost of the system. Financing could be done over a five-year period and include a way to reimburse Mr. Beaudin. Mr. Beaudin stated there are six camps on the north side with septic systems. A map of the Bay Road lots was reviewed. Property owners interested in a sewer hook up were noted. Mr. Beaudin, who is an architect, proposed a 6” boring under the underpass with a 2” line and a 3” line for a future town connection. He has been working with Wright Engineering and ECI. All the neighbors have been contacted via letter regarding the proposal by Mr. Beaudin.. Mr. Boyd asked if there is opportunity for a state grant or matching aid. Mr. Bohne stated there are no grants available, but the Town may be eligible for the two percent state loan program if pollution is proven. Mr. Neme asked if all the Bay Road residents would be required to connect to the town sewer line. Mr. Bohne replied the residents would be required to connect. Staff will explore costs and a design that will give residents options. If the line goes to the Bay Colony manhole, the sewer will go to Plant #2 where there is capacity. There is no capacity at Plant #1. The Board can authorize staff to explore engineering, planning, cost recapture, and financing for the sewer line on Bay Road. The line could be constructed in the next construction season. Mr. Beaudin was asked if the timeline was satisfactory. Mr. Beaudin said he will proceed with a line to his two lots at his own expense. The Town can decide whether to connect to the line at some point. There was discussion of costs and cost recapture, potential for authorization to bond or apply for a state loan, and creating an assessment district (sewer district) with the full costs borne by the lots being served. MOTION by Mr. Neme, seconded by Ms. Levine, to authorize staff to further investigate the cost of a sewer system on Bay Road and report the findings to the Selectboard. DISCUSSION: Mr. Talley asked for a report by the next Selectboard meeting. Mr. Bohne stated a survey had been done by an engineer, but design needed to be done. The Public Works Director could possibly do some of the engineering work for a utility in the municipal right-of-way. Staff will ensure a three inch line is sufficient so Mr. Beaudin can proceed. VOTE: unanimous (5-0); motion carried. 5. CONSIDER REQUESTING TECHNICAL ASSISTANCE FROM THE MPO TO STUDY THE INTERSECTION OF FALLS ROAD/HARBOR ROAD/ROUTE 7 IN CONNECTION TO ACCESS TO THE SHELBURNE INN AND SHELBURNEWOOD Mr. Dudley reported on his meeting with the MPO and the discussion of activities in Shelburne (sidewalks, Shelburne Inn, Shelburnewood, and the Harbor Road/Route 7/Falls Road intersection). The MPO can provide financial assistance for an intersection study and potentially some grant money for intersection mitigation. Mr. Bohne reported staff followed up on the possibility of technical assistance. The MPO has four engineers on retainer. The Town can request one of the MPO engineers study the intersection. Surveys have been done in connection with the Shelburne Inn, property lines on the west side of Route 7, and the town right-of-way. The Town’s consultant, Robert White, is working on an update of the Village Plan. There are access issues with the Shelburne Inn proposal before the Planning Commission currently. The Shelburnewood Association is a few months away from seeking access solutions. There are separate groups looking at pieces of the intersection issues, but none are looking at the entire matter, stated Mr. Bohne. Mr. Neme suggested adding a pedestrian path at the intersection to the study. Mr. Bohne stated that the MPO has up to $8,000 that can be made available to the town for the study. Mr. Bohne noted VTrans is not happy with the request by Shelburne Inn for a curb cut off Route 7, but will likely approve it. It is not known if the Shelburne Planning Commission will impose conditions on the Shelburne Inn proposal. Mr. Neme expressed concern the Shelburne Inn application will be ready to proceed before the intersection study is complete, and suggested the Planning Commission be asked to condition approval of the Shelburne Inn proposal on first reviewing the results of the intersection study. MOTION by Mr. Boyd, seconded by Ms. Levine, that the Town ask the MPO for a Falls Road/Harbor Road/Route 7 intersection study, and that the MPO provide funding for the scope of work. VOTE: unanimous (5-0); motion carried. 6. CONSIDER A RESOLUTION HONORING IRV ROSE FOR HIS MANY YEARS OF COMMUNITY SERVICE Postponed to the next Selectboard meeting. 7. CONSIDER AUTHORIZING APPLICATION TO THE STATE OF VERMONT FOR A GRANT FROM THE STORMWATER IMPAIRED RESTORATION FUND Mr. Bohne gave an update on the Hullcrest storm water management project which was delayed due to the reconstruction of some concrete structures. Pinehurst will be patched and paved before winter. Staff is seeking authorization to apply for $150,000 from the Storm Water Restoration Fund to pay for Phase I costs. Once Phase II is estimated, the second phase will be put out to bid. MOTION by Ms. Levine, seconded by Mr. Boyd, to authorize the Town to apply to the State of Vermont for $150,000 from the Storm Water Restoration Fund to reimburse the Town for the Hullcrest storm water project, Phase I. VOTE: unanimous (5-0); motion carried. 8. CONSIDER WAIVING HS.131 (HOMESTEAD DECLARATION) LATE FILING PENALITES FOR IAN GROSSMAN Mr. Frankenburg reported that filing the HS.131 form per Act 68 is due every year on April 15th. Mr. Grossman’s accountant filed the form electronically, but the accountant’s software was not compatible with the state program. Once Mr. Grossman was notified, he re-filed the form. Mr. Grossman’s accountant lives out of state. Staff confirmed with the accountant that the form was e-filed. MOTION by Mr. Neme, seconded by Ms. Levine, to waive the penalty for late filing of the Homestead Declaration (HS.131) by Ian Grossman for a total of $28.02. VOTE: unanimous (5-0); motion carried. 8b) SKID STEER LOADER Mr. Bohne reported four bids were received. The bid package, totaling $38,408.28, included a snow blower, angle broom, pickup broom, tracks, regular and snow bucket. Multiple town departments will use the equipment, charged at an hourly rate, but the equipment will be part of the Highway Department. Mr. Frankenburg noted $13,000 is in the current capital equipment budget. The balance of the cost will be funded with a renewable two-year note. MOTION by Mr. Neme, seconded by Ms. Levine, to award the bid for a Skid Steer to Essex Equipment and instruct the Town of Shelburne’s Finance Officer to arrange financing as presented. VOTE: unanimous (5-0); motion carried. 8c) AMEND TAX AGREEMENT Mr. Bohne reviewed that the Town purchased 36-acres (value of $281,000) from Fieldhouse, LLC per an agreement. The Town and Fieldhouse, LLC will share use of parking and the access road (Lot 3). The shared portion is 30% of assessed land valued at $21,596 for an adjusted value of $320,596. The proposal is to formally adjust the property taxes for FY05 ($5,782.63). Mr. Talley asked for clarification of the assessed share for Lot 3. Mr. Bohne explained there are leases between the Town and Mr. Beldock dealing with Lot 3. There will be some shared maintenance in the future, though the details have not yet been determined. Mr. Neme observed there is a presumption that not all acreage is equal in value and asked why the wetlands on Lot 3 are not valued less. Mr. Bohne stated the Town Assessor did not make a differentiation. Lot 3 is mostly parking and a building. The agreement deals with the land, not the building. Staff recommends the Board officially recognize the amount of reduction in revenue from the property tax. MOITON by Mr. Neme, seconded by Mr. Talley, to adjust the total property taxes on the Town/Fieldhouse, LLC land agreement to $28,277.12 as presented. VOTE: unanimous (5-0); motion carried. 9. CONSIDER APPROVAL OF LIQUOR LICENSE FOR THE BANKOK BISTROS THAI STEAKHOUSE (FORMERLY LITTLE SAIGON) The Selectboard signed the liquor license documentation for Bankok Bistros Thai Steakhouse, Inc. 10. APPROVAL OF MINUTES MOTION by Mr. Neme, seconded by Ms. Levine, to approve the Selectboard minutes of 10/25/05 with the following corrections/additions: Page 3, #7, last sentence - change to read: “…the budget within 3 percent with a year with abnormal legal expenses.”; Page 4, #10, 1st sentence - change “20’” to “12-20’”; and in the 13th sentence - change “Mr. Bohne” to “Mr. Dudley” and “his expertise” to “Mr. Bohne’s expertise”; Page 5 last paragraph - insert the word “new” between the words “study” and “on”, and insert the word “distant” between “the” and “future”. VOTE: 4 ayes, 1 abstention (Mr. Boyd); motion carried. 11. MANAGER’S REPORT Mr. Bohne reported on the following items:
Mr. Neme asked if VELCO filed an application for the portion of the line to go through Shelburne, stressing due diligence with regard to public hearing dates. Mr. Bohne stated the town will be a party to any applications. Mr. Neme questioned if VELCO can move forward with the project without permits from the Agency of Nature Resources or Army Corps of Engineers. 12. MEMBER’S CONCERNS Ms. Levine asked for an update on the School Board presentation. Staff will check on the date. Mr. Neme reported on the meeting with Robert White, consultant working on the update of the Village Plan. The meeting was well attended. A tape of the meeting will be broadcasted. 13. EXECUTIVE SESSION MOTION by Mr. Neme, seconded by Mr. Talley, to adjourn the regular meeting and convene Executive Session for the purpose of discussion personnel and litigation matters, and to invite the Town Manager to attend. VOTE: unanimous (5-0); motion carried. The Board adjourned the regular meeting and entered Executive Session at 8:30 p.m. 14. ADJOURNMENT MOTION by Mr. Neme, seconded by Ms. Levine, to adjourn the meeting. VOTE: unanimous (5-0); motion carried. The meeting adjourned at 9:35 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Accepted by, James Dudley, Chairman, Shelburne Selectboard
SELECTBOARD MINUTES OF MEETING NOVEMBER 22, 2005 MEMBERS PRESENT: Jim Dudley, Chairperson; Chris Neme, Chris Boyd, Jim Talley. (Lisa Levine was absent.) ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer. OTHERS PRESENT: Dick Reid, Andrea VanHoven. EXECUTIVE SESSION The Selectboard entered Executive Session at 6:00 p.m. for the purpose of discussing personnel matters and litigation. 1. CALL TO ORDER (regular meeting) Mr. Dudley called the regular meeting to order at 7:40 p.m. 2. APPROVAL OF AGENDA Additions: 3b) Jim Dudley announcement; 7b) Certified Local Government Grant application 3. CITIZEN PARTICIPATION There were no comments from the public at this time. 3b. ANNOUNCEMENT Mr. Dudley announced he will not seek re-election to the Selectboard and thanked the Town for a great experience. Mr. Dudley urged interested citizens to serve on town boards. 4. CONSIDER REQUEST BY VERMONT LAND TRUST FOR AN OPINION FROM THE SELECTBOARD ON PLACING STRUCTURES ON CONSERVED AND EXEMPT PARCELS OF THE STERN/TIBALLI PROPERTY Mr. Bohne explained Vermont Land Trust has asked for an opinion regarding placement of structures (residence, sugar house, possibly a barn) on a half acre parcel (on conserved/exempt portion of Stern/Tiballi property). The Town contributed $50,000 from the Open Space fund toward the purchase of development rights on 120 acres owned by Peter Stern and Katherine Tiballi. The property is located at the intersection of Harbor Road and Bay Road. Mr. Bohne referred to his memo, dated 11/17/2005, which outlines the request by Fred Tiballi for permission to construct a house on the half acre excluded “rock quarry” parcel. The Selectboard also received a copy of the Shelburne Natural Resources and Conservation Committee’s response, dated 11/09/2005. There was discussion of the plan by Mr. Tiballi for the half acre parcel. Andrea VanHoven, Shelburne Natural Resources Committee, pointed out the NRCC’s understanding that Mr. Tiballi was asking to build a house and no other structures. Past use of the one-acre rock quarry and the amount of red rock remaining to be mined was reviewed. The previous proposal by Mr. Tiballi for a subdivision of the 120 acres was recalled as well as the subsequent purchase of development rights and conservation easement. Currently, the land is under agricultural (hay) and forestry use. There was discussion of public access and the Nature Conservancy easement of the wetlands on the parcel. Mr. Reid said that if the use of the land is going to change dramatically, the Town should have a comprehensive discussion regarding the entire 120 acres. There have been suggestions of a dog park, public gardens, sugarhouse, and such. Mr. Tiballi has presented a complicated plan beyond the one-half acre parcel, noted Mr. Reid. Mr. Boyd asked about the time frame for the conservation agreement. Ms. VanHoven explained typically a conservation easement agreement is “in perpetuity”. The land is to be used for forestry or agricultural purposes. Mr. Bohne read the primary and secondary purpose of the development and easement rights. Mr. Dudley observed if the Town is trying to preserve agricultural uses, then a farmer and possibly a barn should/could be part of the equation. The issue of whether a barn and/or a farmhouse for a farmer are permissible on conserved land needs to be determined. Ms. VanHoven stated agricultural uses can include some agricultural buildings. There was further discussion of permitted uses on the conserved land as outlined in the Vermont Land Trust agreement. Mr. Talley felt he did not have enough information to offer an opinion as requested. Ms. VanHoven pointed out at this point Mr. Tiballi has only officially asked Vermont Land Trust for permission to build a house. It is known Mr. Tiballi is investigating other ideas, and the NRCC would like to know what those are. Mr. Dudley suggested tabling the request pending further information from the Vermont Land Trust and Mr. Tiballi. Ms. VanHoven mentioned Vermont Land Trust might make an independent decision (on the request). It was suggested in the future when the town uses Open Space funds for conservation purposes, an agreement should be written clearly outlining intentions regarding land use(s). 5. CONSIDER REQUEST FOR SEWER ALLOCATION FOR THE SHELBURNE INN Mr. Bohne reviewed the current sewer allocation for the Shelburne Inn renovation project. An additional 428 gpd is requested. Mr. Neme pointed out the residential portion of the sewer allocation request should come from the Residential Allocation versus the Commercial Allocation. The portions of commercial and residential allocation should be determined, and the amount of allocation not used should be returned to the Commercial Allocation. MOTION by Mr. Neme, seconded by Mr. Boyd, to grant an additional 428 gpd of sewer capacity to the Shelburne Inn with a break out of the total needed capacity between Commercial Allocation and Residential Allocation and the total Residential component subtracted from the current Three-year Allocation, and further, that whatever is not used of the existing Commercial Allocation be added to the Three-year Commercial Allocation.DISCUSSION: Mr. Reid asked if the sewer request will trigger an Aid-In-Allocation fee, and if the allocation is equal to a one-bedroom house sewer allocation. Mr. Boyd explained that the request is in addition to what was already allocated. Allocation for a single-family home is 210 gpd and a multi-family dwelling is 140 gpd. Mr. Neme questioned the calculations being used by Shelburne Inn. Mr. Bohne stated the engineers hired by Shelburne Inn submitted the sewer allocation calculations. VOTE: unanimous (4-0); motion carried. 6. CONSIDER SHARING IN THE COST OF APPRAISAL FOR THE LEDUC PROPERTY Mr. Bohne reviewed the potential future purchase of conservation rights on the Leduc property. An appraisal is required. Vermont Land Trust, South Burlington and Shelburne will share the cost of the appraisal estimated at between $4,000 and $5,000. Shelburne’s portion will be taken from the Open Space Fund. Mr. Dudley asked for clarification of the cost. Andrea VanHoven explained action by the Selectboard will negate previous discussions of the Leduc property. The process will begin anew. MOTION by Mr. Talley, seconded by Mr. Neme, to fund one-third of the cost of an appraisal for the Leduc property to be paid from the Shelburne Open Space Fund in an amount not to exceed $2,000. VOTE: unanimous (4-0); motion carried. Ms. VanHoven said a report on the property will be available in March, 2006. 7. CONSIDER AUTHORIZING CAPITAL EQUIPMENT NOTE WITH CHITTENDEN BANK AT AN INTEREST RATE OF 3.5 PERCENT FOR A TERM OF ONE YEAR TO FINANCE THE PURCHASE OF A SKID STEER LOADER MOTION by Mr. Neme, seconded by Mr. Boyd, to authorize a capital equipment vote with the Chittenden Bank at an interest rate of 3.5 percent for a term of one year to finance the purchase of a Skid Steer Loader as presented. VOTE: unanimous (4-0); motion carried. The Selectboard signed the authorization document. 7b. APPLICATION FOR GOVERNMENT GRANT FUNDS Mr. Bohne reviewed a memo from the Town Planner, dated 11/22/2005, regarding a Certified Local Government (CLG) Grant proposal application. There could be potential matching fund offsets for local government educational purpose grants. There was discussion of the advantages of belonging to a CLG organization (the CLG helped to fund the Town Plan update), potential grant amounts of $900 per presenter for a three-person team for the educational program(s), and the request for Selectboard authorization to sign the grant application. MOTION by Mr. Neme, seconded by Mr. Talley, to authorize the Selectboard Chair to sign the 2006 Certified Local Government grant application for the purpose of preservation and related issues training with the cost to the Town not to exceed $1,000. VOTE: unanimous (4-0); motion carried. The Certified Local Government grant application was signed. 8. CONSIDER RESOLUTION HONORING IRV ROSE FOR HIS MANY YEARS OF COMMUNITY SERVICE Mr. Bohne read the resolution honoring Irv Rose for his many year of community service. MOTION by Mr. Talley, seconded by Mr. Boyd, to adopt the resolution honoring Irv Rose for his many years of community service as presented. VOTE: unanimous (4-0); motion carried. The Selectboard signed the resolution. 9. CONSIDER AUTHORIZING A LICENSE TO JAMES BERGMANN TO ALLOW A PRIVATE UTILITY (SEWER) ALONG BAY ROAD NEAR THE INTERSECTION OF BAY COLONY Mr. Bohne reported James Bergmann has a failed septic system and has provided plans to install a private utility (sewer) along Bay Road near the intersection of Bay Colony. The Town Public Works Director has reviewed the plans and made minor changes. Mr. Bergmann would like to install the utility this fall. A license is required for a private utility. The private utility will be maintained by the property owner. MOTION by Mr. Boyd, seconded by Mr. Neme, to grant the request for a license to James Bergmann to allow a private utility (sewer) along Bay Road near the intersection of Bay Colony as presented. VOTE: unanimous (4-0); motion carried. 10. APPROVAL OF MINUTES OF 11/08/2005 MOTION by Mr. Neme, seconded by Mr. Boyd, to approve the Selectboard minutes of 11/08/2005 with the following additions/corrections: Page 1, Members Present - add that Mr. Dudley arrived at 7:20 p.m.; Page 1, Call To Order - change “Mr. Dudley” to “Mr. Neme, Acting Chair”; Page 2, Discussion under Motion - change to read “Mr. Talley asked if it was possible…”; Page 3, 1st paragraph, last sentence - delete “suggested” and replace with “…and asked whether if…” and insert the word “could” between the words “Commission” and “be”. VOTE: unanimous (4-0); motion carried. 11. MANAGER’S REPORT Mr. Bohne reported on the following items:
12. MEMBER’S CONCERNS Mr. Talley reported the Fire Department conducted a Fire Prevention and Safety program that served 1,200 students. There were 130 man-hours of donated time and effort. Mr. Talley thanked Captain Jim Buell for a very successful Fire Prevention program. Mr. Boyd asked if a joint School Board/Selectboard meeting could be scheduled. Mr. Bohne will contact the School Board. Mr. Dudley reported a Segment 5 Path Study meeting was held Monday, 11/20/2005 regarding potential routes and sidewalk links. Mr. Neme asked for clarification of the January 2006 Selectboard meeting dates on the budget. Staff will forward the meeting dates. The Selectboard wished Shelburne residents a Happy Thanksgiving. 13. ADJOURNMENT MOTION by Mr. Boyd, seconded by Mr. Neme, to adjourn the meeting. VOTE: unanimous (4-0); motion carried. The meeting was adjourned at 8:50 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Approved, James Dudley, Shelburne Selectboard Chairman
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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