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minutes

April 2007

MINUTES SUBJECT TO CORRECTION BY THE SHELBURNE SELECTBOARD. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE BOARD.

TOWN OF SHELBURNE

SELECTBOARD

MINUTES OF MEETING

APRIL 10, 2007
 
MEMBERS PRESENT:       Jim Talley, Chairperson; Robert Roesler, Chris Boyd, Bill Smith. (Absent: Jane McKnight)
ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer.
OTHERS PRESENT:            Ellin London, Judy Peterson, Mark Crow, Chris Preston (Shelburne News).
1.         CALL TO ORDER
Mr. Talley, Chairperson, called the meeting to order at 7:05 p.m.
 
2.         CHANGES TO AGENDA
  • Agenda Item 5 changed to Item #10(a) to be addressed at 8:30 p.m.
  • Add Item 10(b) – Approval of Bridge Reports

3.         CITIZEN PARTICIPATION    None.

 
4.         ELECTION OF A VICE-CHAIR OF THE SELECTBOARD
MOTION by Mr. Boyd, seconded by Mr. Smith, to nominate and elect Robert Roesler as Vice Chairperson. VOTE: unanimous (4-0); motion carried.
 
5.         CONSIDER REQUEST FROM BEAVER CREEK HOMEOWNERS ASSOCIATION TO ACCEPT ROAD
Mr. Bohne reviewed the request from Beaver Creek Homeowners Association that the town assume ownership of Beaver Creek Road. The road must be built to town standards in order for the road to be accepted. Members of the homeowners association have met with the Public Works Director and hired an engineer to do borings. Before the homeowners association invests approximately $500,000 to bring the road up to town standards, assurance is requested that the town will assume ownership of the road. The original road base is insufficient and needs to be built to standards. Drainage, ditching, and paving are needed as well. Vegetation will be (re)moved. Mark Crow, Beaver Creek, noted at the time the road was constructed it was anticipated the road would remain private. Mr. Bohne mentioned investigating the creation of a Beaver Creek tax assessment district, securing a bond, and having the Public Works Department do the project. A tax assessment district can be created by a special town vote or at the 2008 Annual Town Meeting. The Town would place a lien on each house in the Beaver Creek development. Mr. Boyd expressed concern about the potential for developers to request the town to secure bonds for their individual projects; it is preferable for Beaver Creek to rebuild the road. Mr. Crow clarified the intent is for the residents of the Beaver Creek development to pay for a bond should a district be established. The homeowners association is seeking a mechanism that will not cause residents to move or make it difficult to sell a house in the development. A straw poll of the Board was taken showing support of accepting the road once it is built to town standards.
 
6.         CONSIDER APPOINTING MEMBERS TO THE PLANNING COMMISSION
MOTION by Mr. Boyd, seconded by Mr. Roesler, to (re)appoint Tucker Holland to the Planning Commission for a three-year term as presented. VOTE: unanimous (4-0); motion carried.
 
MOTION by Mr. Roesler, seconded by Mr. Boyd, to appoint Dick Elkins to the Planning Commission for a three-year term, filling the seat previously held by Rick Peterson. VOTE: unanimous (4-0); motion carried.
 
7.         CONSIDER ORDINANCE TO AMEND THE SEWER CAPACITY ALLOCATION ORDINANCE - FIRST READING
Mr. Bohne reviewed proposed changes to the Sewer Capacity Allocation Ordinance and noted questions raised by former Board members regarding the life of the treatment plant being extended beyond 20 years. Attachment B has been amended to reflect currently available capacity. The Board could roll the 10% set aside into the remaining available capacity and make it available in each subsequent 3 year allocation period. Copies of the proposed changes were given to the Board. A history of allocation to date was reviewed.  Recaptured infiltration would reduce flows and increase allocation. Plant #1 has 19,000 gallons committed. Plant #2 has 52,000 gallons committed including 11,500 gpd for Meach Cove). There was further discussion of the amendment, Aid-In-Expansion fees (the $16.31 per gallon per day fee is for hookup and is formula based on  over $5 million in plant upgrades to build new capacity), committed allocations to Rice Woods of 13,000 gpd, Forest Park Realty of 18,000 gpd, and the Ken Albert project of 1900 gpd. The Board discussed whether the 10% set aside should be administered as it is currently, and agreed to maintain the status quo and review the matter every three years or more often as needed.
 
Mr. Talley asked about having a 20-year life for Plant #1 and a 30-year life for Plant #2. Mr. Bohne confirmed this is feasible, but rates would likely remain the same. If Plant #1 appears to be running out of capacity before Plant #2, the town will address infiltration in the Plant #l service area. There are two pump stations at Longmeadow, one receiving flow via a gravity line on the east side of Route 7, the other serving Deer Run. One of the pump stations could be upgraded and some flow directed to Plant #2. Infiltration recapture is done over time. The Aid In Expansion fee could be used to pay for future system upgrades. Copies of the Aid In Expansion fee spreadsheet based on 25 new homes per year were given to the Board. Projected revenue, fees, and gallons per day capacity projected out 10 years were reviewed by Mr. Frankenburg.  The rate of receiving revenue for the sale of capacity is crucial to pay for debt service and stabilize rates.
 
Copies of the build-out analysis done by the Regional Planning Commission were given to the Board. Mr. Bohne noted Plant #1 has limited growth potential to handle 244 new homes based on the current capacity. Plant #2 has more than enough capacity to handle build-out numbers.
 
MOTION by Mr. Roesler, seconded by Mr. Boyd, to accept the proposed ordinance to amend the Sewer Capacity Allocation Ordinance formula - First Reading, and to schedule a public hearing on 5/8/07.  VOTE: unanimous (4-0); motion carried.
 
8.         PRESENTATION OF PLANS TO COMPLETE IMPROVEMENTS TO HULLCREST PARK
Mr. Bohne reported on a neighborhood meeting held to discuss deficiencies at Hullcrest Park and possible solutions as outlined by the Neighborhood Park Committee. Ideas identified were incorporated into a plan, which has gone out to bid. There will be opportunity to address concerns about the location of the existing playground (close to the basketball court). Staff will meet with a Hedgerow resident to discuss mitigation measures to reduce impact on their privacy.
 
9.         CONSIDER CHANGING THE NAME “SNOWBOUND LANE” TO “COYOTE RUN”
Mr. Frankenburg reviewed the request by two residents to consider changing the name of “Snowbound Lane” to “Coyote Run”. (It was noted there is a residential street in Williston with the name of Coyote Run. Shelburne emergency services dispatcher did not have any concerns with the proposed name.)
 
MOTION by Mr. Roesler, seconded by Mr. Smith, to change the name “Snowbound Lane” to “Coyote Run” as requested. VOTE: unanimous (4-0); motion carried.
 
10.       PRESENTATION AND DISCUSSION OF THE GENERAL FUND BUDGET STATUS FOR THE FIRST THREE QUARTERS OF FY2007
Mr. Frankenburg reviewed General Fund revenues and expenses as outlined in his memo to the Board. There are ongoing discussions with department heads regarding their department budget status. Major expenses include Legal (VELCO project and property tax appeals) and fuel.  Mr. Bohne noted that the Town and VELCO are still in negotiations over easements. Staff and the Town attorney are working with the Nature Conservancy on terms of the conservation easements.
 
10(b).   BRIDGE REPORTS
Mr. Bohne reported the Falls Road and Bay Road bridges were inspected by the state last fall. The Board must sign the reports to acknowledge receipt. There has been discussion of placing the Bay Road Bridge in the CCMPO TIP (estimated project cost of $750,000 to $1 million). At issue is doing the bridge work without putting a strain on Harbor Road and whether the project can be done in two months rather than four months. It was suggested a police presence might be necessary to keep traffic flowing on Harbor Road during the bridge project.
 
The Board signed the bridge inspection reports. Mr. Boyd asked if the McCabe’s Brook Bridge has been inspected. Mr. Bohne replied this has not occurred, but with the water level receding the bridge can be reviewed. The town will coordinate the project with the consultant, Dubois & King.
 
11.       CONSIDER APPROVING MINUTES OF 2/27/07 AND 3/27/07
MOTION by Mr. Roesler, seconded by Mr. Boyd, to approve the minutes of 2/27/07 as presented. VOTE: 3 ayes, 1 abstention (Mr. Smith); motion carried.
 
MOTION by Mr. Smith, seconded by Mr. Roesler, to approve the minutes of 3/27/07 as written. VOTE: 3 ayes, 1 abstention (Mr. Talley); motion carried.
 
12.       MANAGER’S REPORT
Mr. Bohne reviewed the following items:
  • Bids have been sent out for the sidewalk project on the east side of Route 7 (Shelburne Inn). Bids are due 4/20/07. Staff will review the bids over a two week period.
  • Hullcrest sidewalk project due May 4th.
  • Shelburne Dispatch is fully staffed.
  • Shelburne Police Department may have one full-time and one part-time officer leaving. Replacements will be sought.
The Board signed Liquor License documents as presented by the Town Manager.
 
13.       MEMBERS CONCERNS
Mr. Talley asked for a volunteer to serve as the Shelburne representative on the CSWD Board of Commissioners. Mr. Talley reported on the remarkable performance by the Shelburne Central School Wind Ensemble.
 
14.       EXECUTIVE SESSION and ADJOURNMENT
 
The regular meeting was adjourned and Executive Session convened at 8:47 p.m.
 
MOTION by Mr. Boyd, seconded by Mr. Roesler, to adjourn the regular meeting and enter Executive Session for the purpose of discussing real estate matters, and to invite the Town Manager to attend. VOTE: unanimous (4-0); motion carried.
 
 
MOTION by Mr. Roesler, seconded by Mr. Boyd, to leave Executive Session and adjourn the meeting.  VOTE:  unanimous (4-0; motion carried.
 
The meeting was adjourned at 9:30 p.m.
 
 
 
Rscty:K.Furr
 

MINUTES SUBJECT TO CORRECTION BY THE SHELBURNE SELECTBOARD. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE BOARD.

TOWN OF SHELBURNE

SELECTBOARD

MINUTES OF MEETING

APRIL 24, 2007
 
MEMBERS PRESENT:       Robert Roesler, Acting Chairperson; Chris Boyd, Jane McKnight. (Absent: Bill Smith, Jim Talley)
ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer.
OTHERS PRESENT:            Julie Potter, Dick Elkins, Dick Reid, Gregg Brown, Rose Paul, Dan Senecal-Albrecht, Chris Preston (Shelburne News).
 

1.         CALL TO ORDER
Mr. Roesler, Acting Chairperson, called the meeting to order at 7:02 p.m.
 
2.         CHANGES TO AGENDA
Additions:
  • Agenda Item #4 – deferred to the May Board meeting
  • Add: Closing the Harbor Road Brick Arch Bridge
 
3.         CITIZEN PARTICIPATION
Development Review Board
Dick Elkins, resident and Shelburne Planning Commission member, suggested a joint work session with the Zoning Board, Planning Commission, and Selectboard to discuss the formation of a Development Review Board (DRB) in Shelburne. Mr. Elkins commented the documents from the Burlington DRB presented in support of a DRB for Shelburne may work for Burlington, but forming a DRB in Shelburne may not in the best interest of town. The Shelburne Zoning Board is unanimously opposed to a DRB and a majority of Planning Commission members are opposed as well. Mr. Elkins felt the claim that a DRB will reduce the Planning Commission’s work load may not be true. Implementing a DRB will ultimately increase the number of people making administrative decisions. Mr. Elkins will forward his objections to a DRB in writing to the Selectboard. Ms. McKnight said she would like to hear as many voices on the DRB debate as possible.
 
VELCO
Dick Reid, resident, requested the Selectboard schedule a special meeting or add discussion of the VECLO construction project to the agenda. The Public Service Board (PSB) may issue a final order at the end of April. VELCO asked the PSB to waive the four-week permit review of the Shelburne substation.  Mr. Reid stated items needing discussion include keeping the public informed, public safety and health relative to the construction operation, and equipment routes to/from the substation. There is also concern the Bay Road and Harbor Road bridges will not be able to handle the weight loads of excavation material, and there are questions about the staging areas for excavation fill.
 
Mr. Reid also mentioned Chittenden County Water District and the Shelburne salt shed projects are two other projects that should be discussed. Mr. Roesler noted discussion of the CWD project and permission to use a staging area at the fishing access were covered at a previous Selectboard meeting. The salt shed has also been discussed. It is a certainty that discussions involving VELCO will be held before construction starts, but it might not be at a special meeting.  Ms. McKnight added an update from the Town Manager on VELCO and preliminary issues (such as property condemnation) is anticipated prior to the start of construction.
 
4.         HARBOR ROAD BRICK ARCH BRIDGE
Mr. Bohne reported Dubois and King Engineering inspected the Harbor Road Brick Arch Bridge and advised the bridge should be closed. Staff contacted Jim Olson, Civil Engineering Associates, for a second opinion, and Mr. Olson concurred that the bridge is a dangerous situation. Subsequently, the bridge was closed to all traffic. The application process with VTrans to post signs on Route 7 and at the Harbor Road Bridge is underway. Temporary fix options to allow access across McCabe’s Brook for emergency service vehicles and local traffic only are being explored. Action by the Board to officially close the bridge is needed.
 
MOTION by Ms. McKnight, seconded by Mr. Boyd, to close the Harbor Road Brick Arch Bridge to all traffic.
DISCUSSION: Dick Reid asked about pedestrian traffic on the bridge. Staff noted there will not be policing of foot traffic. Mr. Reid asked about the applications from VTrans. Mr. Bohne stated the applications are for signage on Route 7. Any work in the water will require permits as well. There was mention of the cost of repair which will be better known after meeting with the engineer. The town will bear the cost of repairs. Mr. Reid asked if a temporary bridge structure on Harbor Road will be able to handle potential VELCO project traffic (there is concern VELCO might try to use the Bay Road Bridge). Mr. Bohne stated it is too late to submit application to the state bridge and culvert program this construction season. Ms. McKnight asked about the town being reimbursed for costs incurred, and if a temporary fix is possible. The questions will be forwarded to VTrans. There was mention of a possible historic building foundation or grant program.
VOTE: unanimous (3-0); motion carried.
 
5.         CONSIDER APPROVING GRANT OF $9,462.00 FROM THE SUPPLEMENTARY ENVIRONMENTAL PROJECT (SEP) FUND TO SUPPORT THE NATURE CONSERVANCY’S PROPOSAL TO RESTORE 2.3 ACRES OF SHORELINE AND REHABILITATE ONE MILE OF WALKING TRAIL, BOTH AT SHELBURNE POND 
 
Mr. Bohne introduced Rose Paul from The Nature Conservancy (TNC). Ms. Paul reviewed the partnership with TNC and UVM involving Shelburne Pond. UVM owns a portion of shoreline at the north end of the pond and TNC owns a small piece of land at the south end. The two pieces of land will be replanted with vegetation for a 50’ buffer to prevent runoff and erosion on both ends. The crew with Vermont Youth Conservation Corps will rehab one mile of walking trail on UVM land on the west side of the pond. Mr. Bohne stated the Town will enter into an agreement with TNC. A report will be sent to the Town and the Agency of Natural Resources. Ms. McKnight asked if the land owned by UVM and TNC is owned fee simple. Ms. Paul replied TNC transferred all rights to UVM except the development rights. The land will revert to TNC if UVM wants to sell. TNC has purchased the land piece by piece since the 1970s. The state owns the boat launch parcel. Mr. Bohne clarified the state owns all Vermont waters. Ms. Paul reviewed the proposed plantings (low growing shrubs, shrub dogwoods, blackberry and elderberry in the southern portion, and green ash, silver maple, white oak and shrubs in the north portion).  There was brief discussion of pond views from surrounding roadways, wetlands, and plantings (to be done on Earth Day, 2007).
 
MOTION by Ms. McKnight, seconded by Mr. Boyd, to approve a grant of $9,462.00 from the Town’s Supplementary Environmental Project (SEP) Fund to support The Nature Conservancy’s proposal to restore 2.3 acres of shoreline as shown on the grant application and to rehabilitate one mile of walking trail, both at Shelburne Pond.
DISCUSSION: Kate Donavan, resident, spoke in support of the project.
VOTE: unanimous (3-0); motion carried.
 
6.         CONSIDER APPOINTMENT OF HEALTH OFFICER AND DEPUTY HEALTH OFFICER
MOTION by Mr. Boyd, seconded by Ms. McKnight, to appoint Tom Bessette as the Shelburne Health Officer for a three-year term, and the Town Manager as the Deputy Health Officer, with thanks and appreciation. VOTE: unanimous (3-0); motion carried.
 
7.         CONSIDER RENEWAL OF CAPITAL EQUIPMENT NOTE WITH CITIZENS BANK IN THE AMOUNT OF $10,000 FOR A TERM OF ONE YEAR AT AN INTEREST RATE OF 4.04 PERCENT FOR PURCHASE OF THE SIDEWALK PLOW IN 2006
MOTION by Mr. Boyd, seconded by Ms. McKnight, to renew the capital equipment note with Citizens Bank in the amount of $10,000 for a term of one year at an interest rate of 4.04% to finance the purchase of the sidewalk plow in 2006. VOTE: unanimous (3-0); motion carried.
 
The Board signed the documents. 
 
 
8.         REPORTS FROM CHITTENDEN COUNTY REGIONAL PLANNING COMMISSION (CCRPC)
General Update from Gregg Brown, CCRPC Executive Director
Gregg Brown, CCRPC Executive Director, briefly reviewed CCRPC activities and introduced Julie Potter, CCRPC Senior Planner. Ms. Potter explained the Brownfields Initiative Program to address petroleum contamination. A state clean up fund pays up to 80% of cleanup costs. The Brownfields Initiative is a new program. An advisory board determines allocation of funding. There is an outreach effort to Vermonters to tap into the funding for cleanup. There is a separate program for hazardous material brownfields that is not associated with the petroleum contamination program. The confidentiality of property owners is maintained, but once a participation agreement is signed and accepted, the information on the site becomes public. CCRPC does not get involved in any enforcement actions on a site. The EPA wants property owners to willingly come forward. It is unlikely the EPA will take enforcement action against participants. Ms. McKnight suggested Ms. Potter contact the Vermont Bar Association regarding a VGA website posting on the program.
 
Dan Senecal-Albrecht, CCRPC Senior Project Manager, reviewed the Byways Program. CCRPC is seeking the assistance of a town employee to help install four information panels in Shelburne. The town will be responsible for maintenance of the panels and creating a plan to deal with damage/vandalism. The panels have a 15-20 year life. CCRPC will maintain the digital files (i.e. panel design).
 
Mr. Senecal-Albrecht reviewed Shelburne’s rapid response plan. The town can amend the plan as needed. Copies should be sent to Green Mountain Power and VELCO. The Town Manager is the Emergency Director. The Fire Chief is the Incident Commander.
 
MOTION by Ms. McKnight, seconded by Mr. Boyd, that the Town of Shelburne adopt the draft Emergency Rapid Response Plan proposed by the Chittenden County Regional Planning Commission as amended (page 8).
DISCUSSION: The draft plan has been reviewed by the Shelburne Police, Fire and Rescue departments. Ms. McKnight requested an electronic copy of the plan.
VOTE: unanimous (3-0); motion carried.
 
9.         APPROVAL OF THE MINUTES
Approval of the minutes of 4/10/07 was deferred until the next meeting of the Board.
 
10.       MANAGER’S REPORT
None.
 
11.       MEMBER CONCERNS
Ms. McKnight reported she is compiling agenda topics for the Board retreat on 5/19/07. 
 
Mr. Boyd asked for a copy of the Zoning Board and Planning Commission contacts. Ms. McKnight asked for a list of all Town committee members.
 
The Selectboard signed liquor license(s) as presented by the Town Manager. Ms. McKnight noted the Shelburne Museum Café application should include the “dba” name of the cafe.
 
12.       ADJOURNMENT AND EXECUTIVE SESSION
MOTION by Ms. McKnight, seconded by Mr. Boyd, to adjourn the regular meeting and to enter Executive Session for the purpose of discussing real estate matters, and to invite the Town Manager to attend. VOTE: unanimous (3-0); motion carried.
 
The regular meeting was adjourned and Executive Session convened at 8:50 p.m.
 
RScty: KFurr

January 2007
Selectboard Meeting Minutes

February 2007
Selectboard Meeting Minutes

March 2007
Selectboard Meeting Minutes

April 2007
Selectboard Meeting Minutes

May 2007
Selectboard Meeting Minutes

June 2007
Selectboard Meeting Minutes

July 2007
Selectboard Meeting Minutes

August 2007
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September 2007
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October 2007
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November 2007
Selectboard Meeting Minutes

December 2007
Selectboard Meeting Minutes







P.O. Box 88
5420 Shelburne Road
Shelburne, VT 05482
phone: 802-985-5110
fax: 802-985-9550


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