Selectboard Minutes - January 2006
MINUTES SUBJECT TO CORRECTION BY THE SHELBURNE SELECTBOARD. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE BOARD.
Draft TOWN of SHELBURNE SELECTBOARD BUDGET WORK SESSION January 3, 2006 MINUTES MEMBERS PRESENT: Jim Dudley, Chairperson; Chris Boyd; Chris Neme; Lisa Levine; Jim Talley ADMINISTRATION PRESENT: Paul Bohne, Town Manager; Peter Frankenburg, Finance Director ALSO PRESENT: Jane McKnight, Ashley Mathews (Burlington Free Press), Craig Wooster, Mark Willis, Wendy Turner, and Linda Goodrich. 1. CALL TO ORDER Mr. Dudley called the meeting to order at 7:10 p.m. 2. APPROVAL OF AGENDA Additions to the Agenda: 3a. Planning Grant as a Consortium Member 5. Executive Session - Personnel 3. CITIZEN PARTICIPATION No discussion. 3a. PLANNING GRANT AS A CONSORTIUM MEMBER Mr. Bohne explained that the two regional non-profit housing developers, Lake Champlain Housing Development Corporation and the Burlington Community Land Trust are negotiating a merger. The merger committee is seeking a Vermont Community Development Program Grant (VCDP) to fund professional sources in support of the merger. The VCDP is aware of the upcoming request. Another town, likely St. Albans, would be the lead with Shelburne and Colchester as co-applicants. MOTION by Mr. Talley, seconded by Mr. Neme, to support the application and notice a public hearing on January 24, 2006. VOTE: unanimous (4-0); motion carried. 4. BUDGET WORK SESSION The Board reviewed budget items for the Highway Department (Equipment Fund), CCTA (adding routes), sidewalks (east side of Route 7 and Church Street), legal expenses and the Rescue Squad. Staff was requested to gather more date for some items to be discussed at future Page 2 / Selectboard Minutes / 1/3/06 budget meetings. 5. EXECUTIVE SESSION - PERSONNEL MOTION by Ms. Levine, seconded by Mr. Talley, to go into Executive Session for the purpose of discussing personnel. VOTE: unanimous (4-0); motion carried. The Board came out of Executive Session at 10:03 p.m. 6. ADJOURN MOTION by Mr. Neme, seconded by Mr. Boyd, to adjourn the meeting. VOTE: unanimous (4-0); motion carried. The meeting was adjourned at 10:04 p.m. Respectfully submitted, Paul W. Bohne III, Town Manager Approved, Jim Dudley Selectboard Chair
MINUTES SUBJECT TO CORRECTION BY THE SHELBURNE SELECTBOARD. CHANGES, IF ANY, WIL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE BOARD. | TOWN OF SHELBURNE SELECTBOARD MINUTES OF MEETING JANUARY 10, 2006 MEMBERS PRESENT: James Dudley, Chairperson; Lisa Levine, Jim Talley, Chris Boyd, Chris Neme. ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer. OTHERS PRESENT: Dick Reid, Steve Dates, Elaine Dates, Ellen London, Paul Rosenthal, W. E. Osgood, Pat Lawrence, Mike Momnony, Judah Hamer, Anne August, Bruce Beeken, Robert Roesler, Andrea VanHoven, Gail Albert, Cheryl Roberts, and others. EXECUTIVE SESSION The Selectboard entered Executive Session at 6:00 p.m. for the purpose of discussing personnel matters, and invited the Town Manager to attend. 1. CALL TO ORDER (regular meeting) Mr. Dudley called the meeting to order at 7:35 p.m. 2. APPROVAL OF AGENDA There were no changes/additions to the agenda. 3. CITIZEN PARTICIPATION Elaine Dates, Pierson Library Trustee, introduced Judah Hamer, Director of the Pierson Library. Ms. Dates thanked the Town Manager for making the hiring process go smoothly. Judah Hamer invited everyone to visit the Pierson Library. A reception at the library is planned on Thursday, 1/12/06. Andrea VanHoven, resident, suggested the idea of a town-wide pot luck supper to excite residents and bring everyone together. 4. DISCUSSION REGARDING BALLOT ARTICLE FOR THE OPEN SPACE FUND Mr. Dudley introduced Andrea VanHoven, Chairperson of the Natural Resources and Conservation Commission (NR&CC). Ms. VanHoven read a letter from the NR&CC with recommendations to the Selectboard regarding the proposed March Town Meeting ballot item to raise taxes by one and a half cents per $100 of assessed value versus a flat rate to fund the land conservation reserve fund. Using an assessed value of land method will relate the fund to the value of land. There are projects anticipated where a large amount of funding will be needed. The letter included a table of conservation projects projected out six-years (Page 2). On other matters, Ms. VanHoven reported the NR&CC and Selectboard continue to work on crafting an Open Space Plan. There was discussion of how surrounding towns fund conservation efforts (South Burlington uses Transfer of Development Rights to fund conservation projects), clarification of what one and a half cents per $100 of assessed value translates to (approximately $145,000), an upcoming conservation project with a $75,000-$150,000 cost, an historical review of conservation funding (voters approved $67,000 last year), and Selectboard concerns with the NR&CC proposed ballot item. Mr. Dudley assured the Board will entertain an article, but there is question as to the amount and how it is presented. Mr. Dudley recalled the Board did ask the NR&CC to keep the request reasonable due to budgetary challenges this year so doubling the historical amount is a surprise. If a large project on the priority list did come up, the Conservation Fund has a balance of $300,000, but if another $750,000 is needed, the Board would want a recommendation from the NR&CC. Ms. VanHoven pointed out that the Charlotte Conservation Commission is requesting two cents per assessed value line item for ten-years. Mr. Dudley asked about bonding. Mr. Bohne explained the warning and public hearing for a bond vote could be done in 45 days. Mr. Dudley asked if Shelburne ever lost out on a property. Ms. VanHoven replied no. Mr. Dudley stated there is money in the Conservation Fund and it is possible to get an option on a property, then a bond issue could be pursued. Mr. Dudley asked the amount raised from two cents per $100 of assessed value in Charlotte. Mr. Frankenburg calculated about $125,000. Mr. Dudley stated the Board is discussing budgets and will address the issue at the meeting on 1/17/06. Mr. Neme expressed concern about trying to keep the Town budget increases to a modest level given the school impacts. Mr. Neme spoke in support of the one and a half cent request by the NR&CC as there is no down side to building a conservation fund other than it is a tax burden. Mr. Boyd said he would like input from the taxpayers, and asked residents to contact him by phone or personally. Ms. VanHoven pointed out the request will be a separate item on the ballot which will allow voters to have a say. Dick Reid, resident, spoke in support of a larger contribution to the Open Space Fund. In addition, it would be excellent if the Town would adopt the draft Open Space Plan prior to the March Town Meeting. Mr. Reid asked about the adoption process. Mr. Bohne stated the Open Space Plan is on the 1/24/06 Selectboard meeting agenda for discussion prior to adoption. The proposed Open Space Plan will be on the Town website shortly. Hard copies are available at Town Offices and the Pierson Library. An article in the Shelburne News could be done as well. The goal is to have the Open Space Plan ready to present at Town Meeting. Bruce Beeken, resident, stated the article is an opportunity to put up an amount of money that could in turn leverage more money for the benefit of the town. Segregating the item as a ballot vote does offer people a voice in the matter. 5. CONSIDER THE APPOINTMENT OF MEMBERS TO THE SHELBURNE NATURAL RESOURCES AND CONSERVATION COMMITTEE AND THE PLANNING COMMISSION Mr. Dudley said that appointments to the Natural Resources and Conservation Committee will be tabled to a future meeting. MOTION by Mr. Neme, seconded by Mr. Boyd, to appoint Peter Gibbs to the Planning Commission effective January 20, 2006. DISCUSSION: Mr. Neme reviewed the candidate’s qualifications and expertise, noting the candidate will be an asset to the Town. VOTE: unanimous (5-0); motion carried. 6. CONSIDER SUPPORT OF THE APPLICATION FOR A $30,000 PLANNING GRANT FROM THE VERMONT COMMUNITY DEVELOPMENT PROGRAM IN SUPPORT OF THE VERMONT HOUSING AUTHORITY AND RESIDENTS OF SHELBURNEWOOD Mr. Bohne reviewed the Community Development grant (federal HUD funding which municipalities can apply for on behalf of a non-profit organization). The Town of Shelburne has been asked to support a $30,000 planning grant on behalf of Shelburnewood. A public hearing will be formally warned for 1/24/06, and a warning has been published in the Burlington Free Press (1/09/06). Mike Momnony, Housing Foundation, Inc., reported a potential solution to the zoning issue regarding access to Shelburnewood has been found. The Shelburnewood association is now legally documented as in a first position to purchase the mobile home park and land. A copy of the document will be sent to the Town Manager. The Board thanked Mr. Momnony for his efforts on behalf of the Shelburnewood residents and Town. MOTION by Mr. Talley, seconded by Ms. Levine, to approve support of the application for a $30,000 Planning Grant from the Vermont Community Development Program in support of the Vermont Housing Authority and the residents of Shelburnewood, and to hold a public hearing on 1/24/06 at 7 p.m. VOTE: unanimous (5-0); motion carried. 7. CONSIDER APPROVAL OF THE 2006 CERTIFICATE OF HIGHWAY MILEAGE Mr. Bohne reviewed that approval of the Certificate of Highway Mileage is an annual approval. The Selectboard is required to sign the mileage document. Class 2 connector roads are included on the state official road map. Mr. Dudley asked if any town roads were be added to the list. Mr. Bohne replied staff thoroughly reviews roads on the state road map. Boulder Hill would be a road for future consideration. MOTION by Mr. Boyd, seconded by Mr. Talley, to approve the 2006 Certificate of Highway Mileage for 55.945 miles. VOTE: unanimous (5-0); motion carried. 8. APPROVAL OF MINUTES (12/13/05; 12/27/05; 1/3/06) December 13, 2005 MOTION by Mr. Boyd, seconded by Ms. Levine, to approve the Selectboard minutes of 12/13/05 with the following correction: Page 2 - replace the words “east to west” with “west to east”. VOTE: 3 ayes, 2 abstentions (Mr. Neme, Mr. Talley); motion carried. December 27, 2005 MOTION by Mr. Talley, seconded by Mr. Neme, to approve the Selectboard minutes of 12/27/05 with the following correction: Page 2, agenda item #6, end of 7th sentence - add “…, but that is not the case here.” VOTE: 4 ayes, 1 abstention (Ms. Levine); motion carried. January 3, 2006 MOTION by Mr. Neme, seconded by Ms. Levine, to approve the Selectboard minutes of 01/03/06 as written. VOTE: unanimous (5-0); motion carried. 9. MANAGER’S REPORT Mr. Bohne provided copies of the legal fees budget which is $10,000 less than the current budget. Staff has access to the Town Attorney for opinions. The budgeted amount assumes one final appearance before the PSB regarding VELCO for an estimated amount of $7,500, as well as a small increase in the retainer and estimates of future legal actions. 10. MEMBERS CONCERNS None. 11. EXECUTIVE SESSION MOTION by Mr. Boyd, seconded by Mr. Neme, to adjourn the regular meeting and enter Executive Session for the purpose of discussing litigation matters, and to invite the Town Manager to attend. VOTE: unanimous (5-0); motion carried. The Board adjourned the regular meeting and convened Executive Session at 8:40 p.m. MOTION by Mr. Neme, seconded by Mr. Boyd, to exit Executive Session. VOTE: unanimous (5-0); motion carried. 12. ADJOURNMENT MOTION by Mr. Neme, seconded by Mr. Talley, to adjourn the meeting. VOTE: unanimous (5-0); motion carried. The meeting adjourned at 8:57 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Accepted, James Dudley, Selectboard Chairperson TOWN OF SHELBURNE SELECTBOARD MINUTES OF MEETING JANUARY 24, 2006 MEMBERS PRESENT: Jim Dudley, Chairperson; Chris Neme, Chris Boyd, Lisa Levine, Jim Talley. ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Dean Pierce, Town Planner. OTHERS PRESENT: Andrea VanHoven, Bill White, Krister Adams, Oda Hubbard, Katharine Stockman, Radcliffe Romeyn, Carolyn Wang, Thomas Walker, Meg Pond, Pete Daigle, Cheryl Roberts, Pat Lawrence, Sandra Lawrence, Dan Senecal-Albrecht, Kim Norris, Bill Hoadley, Ann Weathers, Anne August, William Osgood, Paul Rosenthal, Barbara Myhrum, Dick Reid, Gail Albert, Sue Dixon, Joan Lenes, M. Molloy, Ellin London, Kevin Kenlan, Maria Horn, Ed Vizvarie, L. F. Swift, Louise Ransom, Elizabeth Miles, Sean MacFadan. EXECUTIVE SESSION The Selectboard entered Executive Session at 6:00 p.m. for the purpose of discussing personnel matters. 1. CALL TO ORDER (regular meeting) Mr. Dudley, Chairperson, called the meeting to order at 7:05 p.m. 2. APPROVAL OF AGENDA Additions to agenda: Item 4(a) and 4 (b) - two resolutions related to planning grants Item 10(b) - Lake Champlain Scenic Byways grant Item 10 (c) - Liquor License for Sirloin Saloon Item 10(d) - building acquisition behind Cynosure Drive Item 14 - Executive Session - Litigation 3. CITIZEN PARTICIPATION Thomas Walker, resident, read a signed petition on the addition of an article to the Town Meeting Warning recognizing the service of the Vermont Air and Army National Guard. The recognition is a statewide effort, said Mr. Walker. Mr. Dudley said the Selectboard will address the petition under Agenda Item 8 – Town Meeting Warning. 4. PUBLIC HEARING: TWO PLANNING GRANT APPLICATIONS TO THE VERMONT COMMUNITY DEVELOPMENT PROGRAM The public hearing was opened for comments. 4(a) Merger of Lake Champlain Housing Development Corp. and Burlington Community Land Trust Mr. Bohne reviewed two requests for town support of planning grants and explained the proposed merger of the Lake Champlain Housing Development Corporation and the Burlington Community Land Trust. Meg Pond with the Lake Champlain Housing Development Corporation was introduced. Ms. Levine asked if any towns opted out of participating in the proposed consortium. Ms. Pond explained South Hero and Alburg declined participation. The consortium is a three county effort and includes the towns of St. Albans, Shelburne, and Colchester. The consortium will apply for up to $40,000, which will pay the legal expenses of the merger. Mr. Bohne said there is minimal risk to the Town of Shelburne. Colchester will act as the lead agency. Ms. Pond will administer the grant. The town will not have to conduct an audit of the grant. A question was asked about whether the merger will directly increase the number of affordable units in town. Ms. Pond replied the merger can not directly guarantee creation of more affordable units. MOTION by Mr. Neme, seconded by Mr. Talley, to accept the proposed resolution relative to Shelburne being a member of the consortium that would apply for up to $40,000 of professional support for the Merger Committee guiding the merger of the Lake Champlain Housing Development Corporation and the Burlington Community Land Trust (“Shelburne Would be a Member of a Consortium That Would Apply for an amount up to $40,000 to Provide Professional Support for the Merger Committee Guiding the Merger of the Lake Champlain Housing Development Corporation and the Burlington Community Land Trust”). VOTE: unanimous (5-0); motion carried. 4(b) Planning Grant in support of Housing Foundation, Inc., for Feasibility Study in Anticipation of Purchase of Shelburnewood Mobile Home Park Mr. Bohne stated Shelburne will be the lead agency for the $30,000 planning grant in support of the Housing Foundation, Inc (HFI). HFI is doing the preliminary work on the potential purchase of the Shelburnewood Mobile Home Park. Krister Adams with Vermont State Housing Authority was introduced. Mr. Adams stated the planning grant of up to $30,000 will pay for conservation and site investigations of the condition of Shelburnewood in preparation of purchase of the mobile home park. The park is 23 acres with 26 lots. Vermont State Housing Authority is an affordable housing developer throughout Vermont. The residents of the mobile home park have the right to purchase the park outright or work in partnership with the Authority. The park will remain a mobile home park. The Authority has no intention to sell the property. The purchase includes conservation land, retention of the park, and perhaps providing more housing units within the park (not mobile homes). The Authority will own the park. If the residents want to buy the park from HFI, then HFI will entertain a sale. HFI will share any information with the Town and park residents. Radcliffe Romeyn, Shelburne resident, asked if any expansion plans will be subject to the town’s review process. Mr. Dudley confirmed this. Dick Reid, Shelburne resident, asked if the town is considering additional housing on the site by approving the grant. Mr. Dudley replied there are issues that need to be addressed first, such as water lines. The feasibility study should provide answers to many questions. Mr. Bohne stated the proposed price of the park is nearly $2 million. There is potential funding from the Open Space Fund for conserved land. There is potential funding available for affordable housing on the site. HFI will be treated like any other developer and must go through zoning and planning reviews. Mr. Reid asked if the feasibility study will include traffic impacts on Route 7, Harbor Road, and Falls Road. Mr. Neme observed access to the park will have to be significantly improved if the sale takes place. Kim Norris, Shelburne resident, asked if HFI has first option on the park purchase if the resolution for $30,000 is approved. Mr. Adams stated the Town will not give up its interest. The funds will provide the Town with information on the conservation portion of the project. The sale of the park outright is off the table because the State went through a formal legal process and offered the option to park residents to partner with a non-profit organization. The park has been offered to HFI. Mr. Bohne stated the grant will place requirements on the Town, including conducting an audit. MOTION by Mr. Talley, seconded by Mr. Boyd, to accept the proposed resolution relative to Shelburne applying for a $30,000 planning grant in support of Housing Foundation, Inc. for a feasibility study in anticipation of the purchase of Shelburnewood Mobile Home Park (“Shelburne Would Apply for a $30,000 Planning Grant in Support of Housing Foundation, Inc. to Conduct a Feasibility Assessment in Anticipation of Purchasing the Shelburnewood Mobile Home Park”). VOTE: unanimous (5-0); motion carried. There were no further comments. The public hearing was closed. 5. CONSIDER ADOPTING THE TOWN OF SHELBURNE OPEN SPACE CONSERVATION PLAN Andrea VanHoven, Chairperson of the Shelburne Natural Resources and Conservation Commission, outlined the purpose and benefits of the draft Open Space Plan. Priorities, funding needs, a process for using Shelburne’s Open Space Fund, and recommended actions are included in the draft plan. PUBLIC COMMENTS Dan Senecal-Albrecht submitted written comments on the draft Open Space Plan, dated 1/24/06. Mr. Senecal-Albrecht commended the committee on the draft document, but pointed out shortcomings of the plan, noting the Open Space Plan and Open Space Fund should be used to conserve smaller lots located near developments as well as large lots in the rural district. The plan should also preserve wildlife corridors between developments and connect low impact paths from north-to-south portions of town. Kim Norris asked if wildlife corridors could be included immediately if the plan was adopted. Ms. VanHoven stated there is a weakness in the computer model to identify large parcels as a priority versus smaller tracts of land. Animal corridors are built into the model. If new information (wildlife areas) is submitted, it can be added to the data. The Open Space Plan is a guide for conservation. The computer model is a starting point. Oda Hubbard, Shelburne resident, asked if there is conservation for “small people” (children) and if the Open Space Fund could be used to provide smaller conserved areas where kids could explore and play. Ms. VanHoven said the Town Plan might be the vehicle to address those issues. Gail Albert pointed out that most developments have “common” land set aside. Ms. Hubbard commented commonly owned land in developments (owned by the homeowners association) often become ball fields. Bill Hoadley, Hullcrest Drive resident, expressed support for resources, such as the LaPlatte River park, Shelburne Farms, and such, and noted his involvement in collecting data on bobcat sightings in the corridors. There is a process of acquiring land that fits the purpose of linking corridors together. Mr. Hoadley said he is sympathetic to the path issue, citing Hullcrest Drive which is unconnected to the rest of the town and pathways. Mr. Hoadley said he does not want his child riding a bike on a concrete sidewalk along Route 7. If there are small parcels important to the town, then those parcels should be conserved, but having large parcels as a high priority is important as well. Rad Romeyn spoke in support of the plan. Mr. Romeyn stated the challenge with accumulating open space is stewardship and management of the parcels. If the townspeople continue to support the open space agenda, someone needs to be identified to manage/maintain the space. Shelburne Pond was mentioned. Ms. VanHoven noted the conserved land around Shelburne Pond is managed by the University of Vermont. Enforcement is a town issue. Stewardship (volunteer basis) is in the plan. Ms. VanHoven reported the next meeting of the Natural Resources Committee is Wednesday, 2/01/06. Mr. Dudley asked the committee to discuss the comments from the public. The Selectboard will do the same and consider adopting the finalized plan on 2/14/06. Mr. Reid asked if the Natural Resources Committee will add an appendix or if the appendix written in October, 2005 will be adopted with the Open Space Plan. Ms. VanHoven replied the October 2005 appendix will be added so the Selectboard can adopt the plan and appendix at one time. Comment was made about Mr. Senecal-Albrecht’s points being heard by the Natural Resources Committee prior to finalizing the Open Space Plan. Mr. Senecal-Albrecht reiterated that the plan has priorities, but no priorities for conserved land next to people. Passive recreation and open space are one and the same, but the concept of access to people – sidewalk links – does not show up using the computer model. Mr. Neme mentioned the issue of equity is raised by some of the comments by Mr. Senecal-Albrecht. Some neighborhoods are not connected to the resources in town (via a path network) as other neighborhoods. The Open Space Plan may not be the vehicle for paths. Acquisition of land is not the problem. Money for infrastructure is the problem. Also, the point about small lots under conservation is valid (one of the two lots preserved last year by the town is less than one acre in size). Small lots that have a natural resource importance to the town should be included in the computer model. Dean Pierce confirmed the computer model has a bias toward larger parcels of land. In response to comments regarding stewardship, management, and enforcement, Mr. Romeyn pointed out Martha’s Vineyard has a model and trust money for stewardship. 6. CONSIDER MAKING APPLICATION TO THE STATE AGENCY OF TRANSPORTATION FOR A $60,000 PAVING GRANT MOTION by Mr. Talley, seconded by Mr. Boyd, to approve the application to the State Agency of Transportation for a $60,000 paving grant as presented. VOTE: unanimous (5-0); motion carried. 7. CONSIDER ANY CHANGES TO THE FY2006-2007 TOWN GENERAL FUND BUDGET The Selectboard received a revised draft budget. The Board acknowledged with appreciation the work and effort of the Town Manager and Financial Officer on the budget. 8. CONSIDER APPROVAL OF THE WARNING FOR THE 2006 TOWN MEETING Mr. Bohne explained four potential versions of the 2006 Town Meeting Warning were prepared for Board consideration. Mr. Bohne read Article VII - Open Space Fund, proposed permutations, and potential language for Article VIII - Vermont National Guard Air and Army petition. By approving the Warning, the Board approves the budget. Mr. Talley suggested a change in the language to Article VIII to read: “…that by this vote we thank them.” Mr. Dudley asked to hold Article VII - Open Space Fund for a separate discussion and vote. Mr. Bohne confirmed the ballot items could be discussed and voted separately. MOTION by Mr. Boyd, seconded by Ms. Levine, to approve the Warning for the 2006 Town Meeting with Article VII as amended to read: “…and by this vote we thank them.” VOTE: unanimous (5-0); motion carried. Mr. Bohne reviewed potential optional language for the Open Space Fund amount in the article as follows: - $100,000
- one-cent on the tax rate
- one-cent on the tax rate and a not to exceed amount of the fund balance
Mr. Neme said he can support an absolute amount and a note, but not identifying the fund balance because it could be deceiving to the taxpayer. Fund balances for other programs are not necessarily shown in an article for voter consideration. Mr. Boyd noted the general public does not realize the amount requested is in addition to a fund balance. The voters need to understand the amount raised is in addition to what is already in the fund. Ms. VanHoven stated the NR&CC provides a history of the fund which helps put the amount in context. Mr. Boyd suggested an informational paragraph be drafted. Mr. Dudley said he cannot support the amount of money being requested for the Open Space Fund this year because debt is at a peak. Mr. Talley expressed concern about the differences in demographics in town, and that there are a significant number of people who can not afford to pay higher taxes. Mr. Talley suggested additions to the conservation fund be an elective on the property tax bill in the future. Mr. Neme suggested the Board discuss how to ease the burden on those who cannot pay higher taxes in the broader context of the conservation fund and the entire budget. Mr. Boyd observed anything that raises the tax rate impacts what can be done for affordable housing. MOTION by Mr. Talley, seconded by Mr. Neme, that the Town of Shelburne add the Open Space Fund to the 2006 Town Meeting ballot for the amount of $100,000 to the Conservation Fund, and add “…which is equal to one-cent on the tax rate.” VOTE: 3 ayes, 2 nays (Mr. Dudley, Mr. Boyd); motion carried. MOTION by Mr. Neme, seconded by Ms. Levine, to approve Warning Alternate #4, Articles I-VI, Article VII as discussed and voted by the Shelburne Selectboard, and Article VIII as amended. VOTE: unanimous (5-0); motion carried. 9. CONSIDER APPEALING TO THE STATE OF VERMONT DIRECTOR OF PROPERTY VALUTATION AND REVIEW FOR A REDETERMINATION OF THE EQUALIZED PROPERTY VALUE FOR THE TOWN OF SHELBURNE MOTION by Mr. Neme, seconded by Mr. Talley, to authorize the Shelburne Selectboard Chairperson to sign a letter of appeal to the State of Vermont Director of Property Valuation and Review for re-determination of the equalized property value for the Town of Shelburne as presented. VOTE: unanimous (5-0); motion carried. 10. CONSIDER RATIFYING THE ASSURANCE OF DISCONTINUANCE WITH THE AGENCY OF NATURAL RESOURCES Mr. Bohne explained the series of four events involving overflows from a pump station and one manhole that discharged effluent into Munroe Brook and the LaPlatte River from May 5th to June, 2005. The discharges were a violation of the town permit. The Board decided to settle the case versus litigation. The State of Vermont asked the Board to approve and sign an Assurance of Discontinuance Agreement. The Town has been fined $83,250 to be paid in four equal installments over four years to a supplemental environmental project(s). The Town has hired a consultant to review the collection system and prevent any future issues. Mr. Dudley noted if the Town appeals, there is risk of a higher fine from the State. MOTION by Mr. Neme, seconded by Mr. Talley, to ratify the Assurance of Discontinuance agreement with the Agency of Natural Resources to pay $83,250 in four equal payments, and to contribute the $83,250 over four years to a supplemental environmental project or projects in Shelburne. VOTE: unanimous (5-0); motion carried. 10(b) SUPPORT OF BYWAYS GRANT Mr. Bohne reviewed the planned 2009 celebration of Samuel de la Champlain’s discovery of Lake Champlain and completion of the four informational panels to be installed in Shelburne. A letter of endorsement is required for the CCRPC Lake Champlain Byway Chittenden County Corridor grant application. MOTION by Mr. Talley, seconded by Mr. Boyd, to authorize the Town Manager to write a letter of support on behalf of the Town of Shelburne for a CCRPC Lake Champlain Byway Chittenden County Corridor grant application. VOTE: unanimous (5-0); motion carried. 10(c) LIQUOR LICENSE – SIRLOIN SALOON Mr. Bohne explained that Sirloin Beverage, Inc., d/b/a Sirloin Saloon has requested a liquor license. The application has been reviewed by the Shelburne Police Department. The Selectboard signed the liquor license. 10(d) ACQUISITION OF A BUILDING ON TOWN LAND BEHIND CYNOSURE DRIVE Mr. Bohne explained the 12’x 24’ building behind the Town water tank has been empty except for some repeater equipment owned by the town, and space leased to Nextel. The building, owned by Adelphia, is located on town land. Documents from Adelphia have been sent to the town for signature. Adelphia is in bankruptcy. The Town Attorney added a protection clause to the document. There is no cost to the Town for the building. MOTION by Mr. Neme, seconded by Mr. Talley, to approve signing a document from Adelphia for the Town to acquire a building on town land behind Cynosure Drive at no cost to the Town as presented. VOTE: unanimous (5-0); motion carried. 11. APPROVAL OF MINUTES MOTION by Mr. Neme, seconded by Ms. Levine, to approve the minutes of 1/10/06 with the following correction: Page 2, 8th line from top - add: “…list did come up it would appear bonding would be appropriate for example…”; 9th line - add: “…NR&CC and if approved would likely move to a bond vote.” VOTE: unanimous (5-0); motion carried. 12. MANAGER’S REPORT Mr. Bohne reported that Social Service budget allocations were submitted. A Social Service report was received. 13. MEMBER CONCERNS Mr. Neme requested more information on the tree cutting issue at Shelburne Pond (conditions set by the Planning Commission on the seven unit subdivision specified protecting views of the pond, but the developer ignored the conditions) and the process to enforce development restrictions. Mr. Bohne stated the language referred to preserving to every extent possible. The developer must submit legal documents to the town. Enforcement of the covenants is via the homeowners association. It is a civil matter. Residents in the neighborhood are unhappy. Mr. Neme said “preserving to every extent possible” applies to the building envelop for a house versus cutting a view. Mr. Dudley reported that Robert Mason, CSSU, suggested the School Board and Selectboard discuss a parcel of land by the Longmeadow development. This discussion could be held after the budget work sessions are complete. Mr. Dudley provided the Selectboard with a draft of the Selectboard Report to be included in the Town Report. Comments should be forwarded to Mr. Bohne by 1/25/06. 14. EXECUTIVE SESSION MOTION by Mr. Boyd, seconded by Ms. Levine, to adjourn the regular meeting and convene Executive Session for the purpose of discussing litigation matters, and to invite the Town Manager to attend. VOTE: unanimous (5-0); motion carried. The Board entered Executive Session at 10:05 p.m. MOTION by , seconded by , to exit Executive Session. VOTE: unanimous (5-0); motion carried. 15. ADJOURNMENT MOTION by , seconded by , to adjourn the meeting. VOTE: unanimous (5-0); motion carried. The meeting adjourned at p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Accepted, James Dudley, Chairman, Shelburne Selectboard
January 2006 Selectboard Meeting Minutes
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