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December 2006
TOWN OF SHELBURNE SELECTBOARD MINUTES OF MEETINGDecember 12, 2006 MEMBERS PRESENT: Chris Neme, Chairperson; Jim Talley, Robert Roesler, Chris Boyd. (Absent: Jane McKnight) ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Dean Pierce, Town Planner. OTHERS PRESENT: Robert Furrer, Dan Hassan, Peter Gibbs, Rick Peterson, Reg Gagnon, David Webster, William Terry, Judy Frazer, Chris Preston (Shelburne News). EXECUTIVE SESSION-PERSONNEL 1. CALL TO ORDER (regular meeting) Following Executive Session convened at 6 p.m. Mr. Neme, Chairperson, called the meeting to order at 7:02 p.m. 2. CHANGES TO AGENDA Add: Item 3(a), Chris Neme Announcement; Item 6(a), Mariner’s Cove Clear Cutting; Item #8, Diane Bertelsen. 3. CITIZEN PARTICIPATION Dan Hassan, Shelburne Bay Senior Center, stated review of current zoning bylaws related to elderly housing may be forthcoming next year. The proposed expansion project for Shelburne Bay Senior Center is seeking to add units at four times what currently exists. There are issues with the number of units currently allowed under the bylaws. Mr. Hassan said the Senior Center has a waiting list of 125 clients. There is a call for the additional senior units, which will be smaller units for independent living, assisted care and full care. The use is permitted in the area, but not encouraged. The project is on the Planning Commission’s agenda in January, 2007. The applicant is requesting the Selectboard communicate with the Planning Commission to address this important issue. Mr. Neme explained the Selectboard defers to the Planning Commission to develop the draft zoning ordinance, then the Selectboard reviews what the Planning Commission presents. 3(a) Chris Neme Announcement Mr. Neme announced that he will not seek re-election in March when his term expires, but at some point in the future he will likely volunteer his time to the town. 4. PUBLIC HEARING: PLANNING COMMISSION PROPOSED CHANGES TO THE TOWN OF SHELBURNE ZONING BYLAWS AND CONSIDERATION OF APPROVING THE PROPOSED CHANGES Dean Pierce, Town Planner, gave a presentation on proposed changes to the Town of Shelburne zoning bylaws, reviewing changes to be addressed and language reflecting new legislation, conformance to the Town Plan, reduced setback for signage in the Village Core district (Section 1680.8), housing, merging existing small lots on adjoining land, bringing non-complying language into line with state statutes, and addressing the appeal process and terms. There was discussion of the public hearing process related to the proposed changes. Mr. Pierce stated public input on the change in setbacks for signs was positive. The Board discussed the adoption process of the proposed bylaw changes. The draft bylaws will take affect 21 days after the appeal period. MOTION by Mr. Roesler, seconded by Mr. Boyd, to continue the public hearing on proposed changes to the Town of Shelburne zoning bylaws and consider approving the proposed changes. VOTE: unanimous (4-0); motion carried. 5. REVIEW OF CHANGES TO THE PROPOSED TOWN PLAN BY THE PLANNING COMMISSION AND CONSIDERATION OF THE WARNING FOR THE SECOND PUBLIC HEARING ON THE PROPOSED TOWN PLAN ON JANUARY 9, 2006 Mr. Neme reviewed the proposed changes to the Town Plan made by the Planning Commission. A draft Town Plan will be presented to the Board at the public hearing on 1/9/07. Dean Pierce explained the proposed revisions to the Town Plan (Volume I), including:
David Webster, resident, stated according to David White language in the Town Plan on open space will preclude a landowner from receiving a tax deduction. Rick Peterson, Chairman of the Shelburne Planning Commission, explained if a landowner provides land as open space as required, the IRS can consider that the landowner is not giving up anything (value wise). The Town Plan, page 20, reads open space is “encouraged on separate lots.” Creation of more than four lots will require a PRD where open space allows some flexibility. There was discussion of goals for low and moderate income housing. Mr. Peterson stated the Planning Commission elected to stay with current numbers through two or three cycles to determine the effect. The Selectboard had concerns about housing goals and the adopted zoning regulations making the goals unachievable. There is question of whether the size of the houses can be limited. There is the issue of property rights to consider as well. Mr. Peterson stated the Planning Commission is supportive of the sentiments. Most new construction is energy efficient. Existing dwellings may be the exception. Design review (in the Village Center) is another discussion item. MOTION by Mr. Roesler, seconded by Mr. Talley, to warn a second public hearing on the proposed Town Plan for 1/9/07. VOTE: unanimous (4-0); motion carried. 6. CONSIDER MEETING WITH THE ST. GEORGE SELECTBOARD REGARDING THE LOCATION OF THE ST. GEORGE/SHELBURNE TOWN LINE Mr. Bohne stated there is question as to where the town lines are between St. George and Shelburne. The matter was brought to light with the subdivision on the Auclair property. A lot has been sold and construction on a new house has been started. A building permit was issued by St. George. Krebs and Lansing, the developer’s engineers, believe a stone wall noted in the 250-year old land grant records defines the town line. Shelburne maintains the line agreed to by the two towns in the 1980s is the correct line, and in that case the house under construction is in Shelburne (requiring a building permit from the Town of Shelburne). The entire Auclair parcel was sold as “a lot”. Once the issue is settled then the parcel will be divided. The selectboards from St. George and Shelburne will meet to resolve the issue. The developer may be included as well. Mr. Neme suggested adding the issue to the February 2007 agenda. Staff would investigate to see if the briefs from the respective attorney’s will be available. MOTION by Mr. Roesler, seconded by Mr. Boyd, to schedule a meeting with the St. George Selectboard on 12/21/2006 when the Board receives the draft budget and if the memo from the Town Attorney on the town line issue is available for review a few days prior to the meeting. VOTE: unanimous (4-0); motion carried. 6(b) Mariner’s Cove Clear Cutting Mr. Bohne stated the Mariner’s Cove property is owned by the Sisters of Mercy. Trees were left on the lot to protect the view from the lake. A developer stripped every tree from the property. Restitution was made, but efforts were sabotaged by persons unknown. As a result, the trees that were planted did not persevere. There is an escrow account, but not enough funds to fulfill the intent of the condition instituted by the Planning Commission to screen the view from the lake. It is the opinion of the Town Attorney that the developer is not culpable since a good faith effort was made. The Town Attorney contacted the developer’s attorney and suggested the escrow amount of $8,240.12 be shared (between the town and the developer). Staff recommends accepting the offer and holding $4,120.06 in a Landscaping account. Mr. Boyd asked if there are complaints that the property is too visible from the lake. Mr. Bohne stated no complaints are known. MOTION by Mr. Boyd, seconded by Mr. Talley, to accept the offer to share the escrow fund amount of $8,240.12, and to use the Town portion for landscaping on public property. VOTE: 3 ayes, 1 abstention (Mr. Roesler); motion carried. 7. UPDATE CONTRACTING WITH INSURER FOR EMPLOYEE HEALTH CARE INSURANCE Mr. Bohne reviewed the Vermont League of Cities and Towns (VLCT) Health Care Trust and health care options that include Blue Cross/Blue Shield (BC/BS). Staff researched plans from BC/BS and CIGNA as well as deductibles, rates, and added services. Shelburne will receive $8,400 from VLCT by signing with CIGNA. Mr. Boyd noted his experience of dealing with a claim through CIGNA (frustrating, poor customer service). Mr. Frankenburg stated CIGNA would need to put aside a pool of $3,000 pool and must meet customer service standards. Mr. Talley asked if the Town would need to find other services if the insurance through VLCT is not chosen. Mr. Bohne stated other services (property and casualty insurance coverage) would continue through VLCT. The Town could try CIGNA for one year and make a change if necessary. Mr. Neme suggested the Board defer to the staff recommendations. Mr. Boyd said he will summarize his experiences with CIGNA for staff. 8. CONSIDER REQUESTS FROM CHARLES ROBITAILLE, THE ECONOLODGE INN AND SUITES, TERRY KENNAUGH AND DIANE BERTELSEN FOR RELIEF FROM PENALTY FOR LATE PAYMENT OF PROPERTY TAXES MOTION by Mr. Boyd, seconded by Mr. Roesler, to waive the penalty of $109.23 for late payment of property taxes by Charles Robitaille. VOTE: unanimous (4-0); motion carried. MOTION by Mr. Roesler, seconded by Mr. Boyd, to waive the penalty of $583.32 for late payment of property taxes by the Econolodge Inn and Suites. VOTE: 0 ayes, 4 nays (Neme, Roesler, Boyd, Talley); motion did not carry. MOTION by Mr. Talley, seconded by Mr. Roesler, to waive the penalty of $217.99 for late payment of property taxes by Terry Kennaugh. VOTE: unanimous (4-0); motion carried. MOTION by Mr. Roesler, seconded by Mr. Boyd, to waive the penalty for late payment of the November 2006 installment of property taxes by Diane Bertelsen. DISCUSSION: Mr. Roesler pointed out there were two weeks between the tax due date and when the payment was received. Many advertisements of the due dated were published. VOTE: 0 ayes, 4 nays (Neme, Roesler, Boyd, Talley); motion failed. 9. CONSIDER APPROVING MINUTES OF 11/14/06 AND 11/28/06 MOTION by Mr. Roesler, seconded by Mr. Talley, to approve the minutes of 11/14/2006 with the following corrections: Page 6 - change to read: “Motion to approve a settlement agreement involving the Town, The Nature Conservancy, and other parties in relation to the VELCO line that recognizes the exchange of certain rights for relocation of poles on The Nature Conservancy property near the Blodgett Fields in exchange for four conservation easements in perpetuity granted to The Nature Conservancy all of which are subject to the Town Selectboard’s ultimate approval of the language of the settlement agreement including the easements, and that language would include, but not be limited to the recognition of certain recreational options, reversionary rights, and the like.” Page 5 - correct the name: “Shelburne Community School”. VOTE: unanimous (4-0); motion carried. MOTION by Mr. Roesler, seconded by Mr. Boyd, to approve the minutes of 11/28/06 as written. VOTE: 3 ayes, 1 abstention (Mr. Talley); motion carried. 10. MANAGER’S REPORT Mr. Bohne reported on the following items:
11. MEMBER CONCERNS Mr. Neme asked for an update on the Ockert Lane complaint noted at the last Selectboard meeting. Mr. Bohne said staff has not had an opportunity to follow up on the issue. An update will be presented at the 1/9/07 meeting. There was a discussion with Mark Snelling. The Town did require an emergency access through the area. It is not clear if dust, noise, or brake dust mitigation can be done at the traffic light. Paving the gravel road may not be possible. Mr. Neme suggested having a map of the area would be helpful to the Board. 12. ADJOURNMENT and EXECUTIVE SESSION MOTION by Mr. Talley, seconded by Mr. Roesler, to adjourn the regular meeting and enter Executive Session for the purpose of discussing litigation matters which might place the Town at a disadvantage, and to invite the Town Manager to attend. VOTE: unanimous (4-0); motion carried. The regular meeting was adjourned and Executive Session convened at 9:25 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.
DRAFT TOWN OF SHELBURNE SELECTBOARDMINUTES OF MEETINGDecember 21, 2006 MEMBERS PRESENT: Chris Neme, Chairperson; Jim Talley, Robert Roesler, Chris Boyd, Jane McKnight ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer OTHERS PRESENT: Norman Burnett, Jennifer Burnett and Ed Coleman, all of Rocky Ridge Golf Club; Steve Stitzel, Town Attorney; Gary Marcotte 1. CALL TO ORDER Mr. Neme called the meeting to order at 7:05 p.m. 2. CHANGES TO AGENDA None. 3. CITIZEN PARTICIPATION None. 4. DISCUSSION OF THE TOWN’S POSITION ON THE LOCATION OF THE ST. GEORGE/SHELBURNE COMMON BOUNDARY LINE Mr. Stitzel reviewed the history of activities regarding the establishment of the Town boundary between Shelburne and St. George. He stated that the current line was agreed to by both towns and came as a result of both towns having parcel maps prepared. The parcel maps matched at the town line, and each Selectboard agreed that they would accept this as the boundary between the two towns. He explained that this boundary has come into question because a developer (Mike Anderson) of the Auclair property had a survey completed by Krebs and Lansing which showed that the boundary was about 90’ west of the currently agreed upon line. A house is under construction at a location that is in Shelburne according to the current Town boundary, but received a building permit only from St. George. The developer has not received Final Subdivision approval from the Town of Shelburne. Mr. Stitzel explained the Vermont Statute pertaining to establishing or changing a town boundary. If the Selectboard is satisfied with the location of the Town boundary, there is no further action necessary. The sense of the Board was to maintain the status quo. Mr. Stitzel will inform Tom Carlson, Chair of the St. George Selectboard, of the Shelburne Board’s position. Mr. Burnett expressed his concern regarding the location of the house. He stated that the house is within the driving distance from the tee of one of the holes at Rocky Ridge. He said that he had participated in the Planning Commission proceedings regarding the Anderson subdivision and had expressed concern for what has subsequently occurred. 5. PRESENTATION OF PRELIMINARY 2007-2008 GENERAL FUND BUDGET Mr. Bohne and Mr. Frankenburg presented the draft FY 2008 General Fund Budget. As presented the expense budget is up 4.4% over the current budget which would equate to an increase of 6.7% in the tax rate. The first budget work session will be held on January 2, 2007. 6. RENEWAL OF GRANT ANTICIPATION NOTE – HULLCREST STORMWATER PROJECT MOTION by Mr. Talley, seconded by Mr. Boyd, to approve renewal of a Grant Anticipation Note for $100,000 at the Chittenden Bank for 6 months at the rate of 3.9%, the proceeds of which are for completion of the Hullcrest Stormwater Project. VOTE: unanimous (5-0); motion carried. 7. ADJOURNMENT MOTION by Mr. Roesler, seconded by Mr. Boyd, to adjourn the meeting. VOTE: unanimous (5 – 0); motion carried. The meeting adjourned at 9:50 p.m. Mr. Marcotte then asked the board to be heard. He asked the Board for consideration to be paid for his full invoice for decorating the Town Christmas Tree and other work on the trees on the Town Green. After a discussion with Mr. Marcotte, the Board took no action and terminated the discussion Respectfully submitted, Paul W. Bohne III
January 2006Selectboard Meeting Minutes February 2006 Selectboard Meeting Minutes March 2006 Selectboard Meeting Minutes April 2006 Selectboard Meeting Minutes May 2006 Selectboard Meeting Minutes June 2006 Selectboard Meeting Minutes July 2006 Selectboard Meeting Minutes August 2006 Selectboard Meeting Minutes September 2006 Selectboard Meeting Minutes October 2006 Selectboard Meeting Minutes November 2006 Selectboard Meeting Minutes December 2006 Selectboard Meeting Minutes |
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