MEMBERS PRESENT:       Chris Neme, Chairperson; Chris Boyd, Jane McKnight, Robert Roesler. (Jim Talley was absent.)

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

OTHERS PRESENT:            Jeff Nick, Curt Echo, Julian Goodrich, Larry Michael, Linda Lavalette, Anne August, Bill Deming, Joan Lenes, Betsy Cieplicki, Gail Henderson-King, Dick Reid, Rad Cliffe Romeyn, Randy Roweland, Sue Davis (Shelburne News), Ashley Mathews (Burlington Free Press), and others.

 

Mr. Neme, Chairperson, called the meeting to order at 7:06 p.m.

 

Add: Item 14(b) Waive Penalty for late payment of taxes, Chris and Karine Spagnoletti.

 

Bill Deming, resident, suggested the Selectboard consider appointments to county boards from the general population versus Selectboard members. The turnover rate of Selectboard members who serve on county boards has been high. Mr. Deming recalled when he served on the Selectboard, members did not self-appoint to commissions or county boards.  Mr. Neme suggested the topic be discussed at the Selectboard’s retreat. Linda Lavalette, resident, asked if a former Selectboard member can continue to serve on a commission or county board. Mr. Neme replied it is the individual’s choice to continue to serve.

 

Mr. Bohne reported major construction of the Harbor Road multi-purpose ballfields is complete. Bathrooms and storage space will be built utilizing $25,000 in “equipment” funding. Jeff Nick and Curt Echo, Shelburne Baseball representatives, have approached the Town about a proposal to sell “naming rights” to the fields as a way to raise funds. Jeff Nick briefly reviewed the use of the fields by 255 Little League and 20 Babe Ruth players. The programs have maximized field use. There is an active baseball board that has been successful in raising funds and sponsorships for field upgrades. A copy of the budget for proposed preliminary Harbor Road Baseball Field improvements was given to the Selectboard. Julian Goodrich, Shelburne resident and architect donating his services, reviewed the basic plans for the fields. Necessary items include four dugouts, four sets of aluminum bleachers, baseball fences, batting cage, four foul ball poles, and two electronic scoreboards. The “wish list” includes a gazebo, picnic tables, flagpoles, little tots playground, night lighting, bike racks, and a food concession. Storm retention ponds need to be fenced. A memorial gate at the entrance will help to identify the fields. The estimated budget of $200,000 does not include lighting. Selling naming rights to the fields will raise funds. Shelburne Baseball is seeking Board support to raise up to $100,000 with a Town match of $100,000. Ms. McKnight asked if the “naming rights” are in perpetuity or can be resold at some future time. Mr. Nick replied it may depend on the level of donation. A “gift” could be for individual components or a commercial sponsorship. Curt Echo said they are trying to keep the donations within the Shelburne community. An audience member suggested giving naming rights for five-year periods, with amortized payments, allowing the “lease” of rights for another period. Mr. Bohne pointed out that naming something becomes a matter of public record which could be an issue at some point. Mr. Boyd asked who will spearhead negotiations for potential donations. Ms. Lavallette suggested multi-donors versus a single person/company. A plaque could be displayed.

 

Joan Lenes, resident, mentioned a model for fund raising is available without “selling” the fields.

 

Mr. Bohne provided copies of the draft project budget update, and reviewed available recreation funds (page 2A). The Board will discuss the matter at a later time.

 

Mr. Bohne reported on a proposal for a farmer’s market on Saturdays from 9:00 a.m. to 12:00 p.m. Suggested locations include the railroad parking lot or the Parade. Use of the railroad lot requires permission from VTrans.  It was suggested to use the church parking lot, the town green, or the Shelburne Museum lot by the Route 7/Bostwick Road intersection. The Selectboard expressed support for the idea of a farmer’s market.

 

Mr. Bohne reviewed in 1978 a 0.9-acre lot in Bayfield Estates was given to the Town as an irrevocable gift for a park. Paul Michael, owner of an adjacent lot, would like to purchase a portion of the park land. Review of past discussions between the Planning Commission and the Selectboard showed the Town agreed to accept the park land, however, full minutes of the Selectboard meetings are missing so it is unclear what action was taken. Technically, no deed was filed, but the parcel is described as town land in the tax records. The attorney for the original developer is still in practice and will try to recover the documents. The Town can file a quiet action in court. The land can not be sold to Mr. Michael until ownership is clarified. Ms. McKnight asked about a tax deduction by the developer for the gift.

 

Larry Michael, father of Paul Michael, explained the former owners (Morrill) used the park land for 30 years. There may be “squatter’s rights” or adverse possession to consider. Mr. Neme pointed out the Morrills only used a portion of the parcel. A portion was mowed and three buildings were constructed.

 

Ms. Lavalette, an adjacent property owner to the development for 30 years, said the park parcel is a wonderful, wild, and natural area with mature trees and wildlife, except where Mr. Morrill mowed. Ms. Lavalette spoke against having a road, path, or house on the parcel since the land is a buffer between lots. Ms. Lavallette showed a map with the parcel highlighted.  Mr. Roesler offered the term “park” could be expanded to include a “natural area”. Mr. Bohne reiterated the Town Attorney is working on establishing proper documentation.

 

Mr. Michael noted Mr. Morrill constructed three small buildings. Most of the driveway is on “no man’s” land. Every spring the Town highway crew fixes the stone driveway.

 

Mr. Neme said unless Mr. Michael urgently needed an answer, the Town would like time to resolve the issue and clarify legal facts. Ms. Lavallette requested the town retain the park. If the land was privately owned, there would be significant back taxes due. It was confirmed the lot is buildable.

 

Gail Henderson-King, Shelburne Natural Resources and Conservation Committee, appeared on behalf of the committee. There was discussion of the charter and the membership of the committee.

 

MOTION by Mr. Roesler, seconded by Mr. Boyd, to adopt the draft Charter for the Shelburne Natural Resources and Conservation Committee with corrections as follows:

1) to adopt with edits for consistency and corrected typos (capitalize the word “Town”);

2) rewrite of the last sentence to read: “The Committee shall adopt rules of procedure, which will provide for an annual election of a Chairperson, set a frequency of committee meetings, and allow for a board of no less than five members and no more than nine members.”

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

 

Mr. Bohne reported Mr. Boehland submitted three proposals for correcting violations of an Act 250 permit and Town zoning regulations regarding retention of screening of a house being built on Pond Road. At this point the proposal has fallen short of what is acceptable to the Act 250 Review Board and the Town. Mr. Boehland hired a new attorney who is working with the Act 250 Review Board.  The Town received an email from Mr. Platt (neighbor to the subject property) alleging the Boehland house exceeds the 30’ height restriction for the zone. Grading is on-going at the site. The Town could hire an engineer to conduct a survey of the height of the building for a fee of $1,000, stated Mr. Bohne. The matter could be an Act 250 issue. The Town could also assess a fine of up to $100 per day per violation, but would first have to hire experts to prove the violation(s).

 

Mr. Romeyn, Pond Road, asked how the sale of the house could impact mitigation issues with regard to screening. Mr. Bohne explained a Certificate of Occupation must be issued before the house can be occupied.  Mr. Romeyn noted a house on Monarch Drive has been occupied for the past six months without a Certificate of Occupation. A formal complaint has not been made about the matter on Monarch Drive, but the Town Planner has been informed. Ms. McKnight clarified a buyer can not receive clear title without a certificate. Staff is investigating the matter further.

 

Mr. Roweland, Pond Road, contended Mr. Boehland is doing landscaping in sensitive areas using large equipment and moving stones for a retaining wall where the trees were clear-cut. The area is being terraced and the grade is being changed to three levels on the north side of the site. The new grading might bring the 30’ height average into play. Mr. Roesler pointed out the property owner is doing the work at his own risk in that if Act 250 or Town prevails in court, the property owner will be required to return the area to the original state of being. The Town has taken action by not issuing a Certificate of Occupancy. The Town is prepared to go to court and seek an injunction against the property owner if necessary. The Town is in negotiations and coordinating with the Act 250 Review Board.  The neighbors have a right to act or go to court independently of the town.

 

There was discussion of potential conflict of interest with Mr. Neme and VELCO matters. Mr. Neme recused himself from any action or Board discussion regarding VELCO. Mr. Bohne gave an update on the VELCO project. Comments from Meach Cove, Shelburne Museum and the Town were forwarded to VELCO. Answers are expected within a week. Route redesign changes have been given to Gary Smith for GIS mapping. A simulation should be available in about a week. Power Engineers are still working on the project. Discussion continues relative to pole height, landscaping mitigation, and issues raised about the flood plain and substation. The VELCO filing date was extended to April 24^th and could be again extended to May 3^rd. The VELCO Ad Hoc Subcommittee will meet after reviewing the GIS simulation.

 

Ms. August asked if discussions were on-gong about undergrounding the line past Bostwick Road (toward Wake Robin). Mr. Bohne replied the discussion centered on undergrounding the line one pole farther south of Bostwick Road toward the hedgerow. 

 

Dick Reid, resident, said he sent an e-mail to the Selectboard, dated 04/11/06. There was miscommunication about Mr. Neme and a perceived relationship with VELCO. Mr. Reid said he did not mean to imply there was any impropriety. Mr. Reid asked if the Board will send a follow up letter to the Town Attorney’s letter to VELCO, and suggested a separate letter be sent asking for more detail on the substation and a copy of the proposed plan before the VELCO filing deadline. Act 250 and environmental permitting is needed. VELCO acquires permits first before filing a plan, commented Mr. Reid. There was a question about the VELCO Ad Hoc Committee charter, meetings, and minutes. Ms. McKnight explained a charter is not required with an ad hoc committee appointed by the Selectboard. Mr. Bohne stated the committee is preparing recommendations for negotiating with VELCO. Anyone can contact the committee members. Mr. Reid asked if Joe McLean drafted the letter to VELCO. Mr. Roesler said Mr. McLean drafted the letter with input from the Board. Mr. Bohne explained the letter was a “place holder” to let VELCO know the issue of the substation was raised. VELCO said the substation will be a separate filing. When a design is ready VELCO will take comments from the town. Mr. Reid expressed concern VELCO will include the substation in the April 24^th filing and the PSB will issue an order based on that filing. Shelburne should be as tough on VELCO as possible, urged Mr. Reid. Mr. Bohne stated the VELCO filing will not include the substation, which is a separate filing. The line is proposed to go on top of the hill and not through McCabe’s Brook. Ms. McKnight suggested Mr. Reid put his concerns in writing.

 

MOTION by Mr. Roesler, seconded by Ms. McKnight, to consider repealing Section 3.B of the Shelburne Community School Impact Fee Ordinance as a First Reading per the Town Charter, and to set a Second Reading for April 25^th Public Hearing at 7:00 p.m.

DISCUSSION: Ms. Henderson-King asked if the fees collected will accrue to the Natural Resources Committee. Mr. Neme explained the Shelburne Community School Impact Fees are separate from Recreational Impact Fees. Impact fees must have a sound basis for establishing capital costs associated with growth and must appear on the Capital Projects List (projects such as the CVU expansion or emergency services). The Town is researching legal grounds for fees for preservation of open space. The Shelburne Community School Board recommended removing school expansion from the capital plan. Currently, there is $307,000 in the school impact fee fund which will be prorated and refunded to those who paid the fees within one year. Mr. Boyd asked if the mobile classrooms are permanent fixtures. Mr. Bohne stated the Town purchased the mobile units, but if enrollment declines they will be removed. Mr. Bohne pointed out Recreation Impact Fees can be used to pay for the new ball field fit up.

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

 

MOTION by Mr. Roesler, seconded by Mr. Boyd, to waive the penalty for late payment of property taxes by Thomas Oakes in the amount of $105.56.

DISCUSSION: Mr. Bohne reported Mr. Oakes was in the hospital, but is now at Burlington Health and Rehab.

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

 

MOTION by Mr. Roesler, seconded by Mr. Boyd, to waive the penalty for late payment of property taxes by Donald and Jean Bishop in the amount of $62.48. VOTE: 3 ayes, 1 nay (Ms. McKnight); motion carried.

 

MOTION by Mr. Roesler, seconded by Mr. Boyd, to waive the penalty for late payment of property taxes by David Rugg in the amount of $19.77. VOTE: 0 ayes, 4 nays (Neme, Boyd, McKnight, Roesler); motion did not carry.

 

MOTION by Mr. Roesler, seconded by Ms. McKnight, to waive Sewer and Water late payment penalty and interest by Gabe and Diane Handy in the amount $396.05.

DISCUSSION: Mr. Bohne stated the water and sewer is a combined bill. When payment is received the water portion is paid first and any remainder is applied to the sewer portion. Mr. Boyd recused himself citing a conflict of interest. Mr. Frankenburg stated the payment was due 03/03/2006. The Board can only waive the penalty, not interest. Mr. Neme suggested the Board waive a permissible fee or penalty only. Ms. McKnight suggested tabling consideration to waive the penalty and revisiting the request if/when the evidence from Mr. Handy is provided.

VOTE: 0 ayes, 3 nays (Neme, McKnight, Roesler), 1 abstention (Mr. Boyd); motion did not carry.

 

MOTION by Mr. Roesler, seconded by Mr. Boyd, to waive penalties for late payment of property taxes by Chris and Karine Spagnoletti in the amount of $108.70. VOTE: 0 ayes, 4 nays (Neme, Boyd, McKnight, Roesler); motion did not carry.

 

MOTION by Mr. Boyd, seconded by Mr. Roesler, to grant an easement to the Agency of Transportation to locate a signal pole and a light pole within the Town right-of-way on Martindale Road as presented. VOTE: unanimous (4-0); motion carried.

 

The Selectboard will sign the easement document at a later time.

 

Ms. McKnight pointed out the William J. Smith School Growth Projection, Volume II, Page 32 of the current Town Plan is out of date. School growth projections should be revisited. Mr. Bohne said comments on any areas of concern should be e-mailed to the Town Planner. The Planning Commission will review and address concerns.

 

MOTION by Mr. Roesler, seconded by Ms. McKnight, to set a First Public Hearing on May 9, 2006 for consideration of the New Town Plan. VOTE: unanimous (4-0); motion carried.

Mr. Bohne reviewed the proposed name for a road located off Mt. Philo Road. Appropriate Town committees and departments have vetted the proposed name of “Gobbler Lane”.

 

MOTION by Mr. Boyd, seconded by Ms. McKnight, to approve the road name of Gobbler Lane as presented. VOTE: unanimous (4-0); motion carried.

The Board signed the liquor licenses as presented.

 

-Mr. Bohne reported Shelburnewood was successful in applying for a planning grant. Robert White Associates was hired to develop a land use plan for the Shelburnewood project. White Associates will meet with the Vermont Land Trust.

 

-The Town of Shelburne was given the Governor’s Award for outstanding use of a historic house (Noonan House project).

 

Selectboard Retreat on May 6, 2006, 8 a.m. to Noon. 

 

The regular meeting was recessed and Executive Session convened at 10:40 p.m.