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minutes

May 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

MAY 8, 2007
 
MEMBERS PRESENT:       Jim Talley (Chairman); Robert Roesler, Jane McKnight, Bill Smith. (Absent: Chris Boyd)
ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer.
OTHERS PRESENT:            Tom Dunn, Bernie Gagnon, Hilda White, Rad Romeyn, Ellin London, Judy Peterson, Mark Brooks, Jeff Predom, Peter Lind, Tim Follensbee, Steve Stitzel, Dick Reid, John Holt, Gwen Webster, Boris Funtow, Tucker Holland, Ashley Matthews (Burlington Free Press), Chris Preston (Shelburne News).
6:00 p.m. Executive Session – Real Estate Negotiations.
 
1.         CALL TO ORDER (regular meeting)
Chairman Talley called the meeting to order at 7:16 p.m.
 
2.         CHANGES TO AGENDA
  • Agenda Item #6 will be addressed following citizen participation.
 
3.         CITIZEN PARTICIPATION
None.
 
4.         CONSIDER APPOINTMENT OF REPRESENTATIVE FROM SHELBURNE TO THE BOARD OF DIRECTORS FOR THE CHITTENDEN SOLID WASTE DISTRICT
The Selectboard interviewed Mark Brooks and reviewed the candidate’s qualifications.
 
MOTION by Ms. McKnight, seconded by Mr. Roesler, to appoint Mark Brooks as the Shelburne representative to the Chittenden Solid Waste District (CSWD) Board of Directors. VOTE: unanimous (4-0); motion carried.
 
5.         CONSIDER APPROVING NOTICE OF INTENT TO SELL A PARCEL OF LAND TO VELCO FOR CONSTRUCTION OF A SUBSTATION AND TO SELL EASEMENTS TO VELCO FOR CONSTRUCTION OF PORTIONS OF ABOVE GROUND AND UNDERGROUND TRANSMISSION LINES
Mr. Bohne gave a brief history of the proposed North West Reliability Project, which has been in process for the past three years. VELCO has set a transmission line route and now is acquiring property and easements. The Selectboard is negotiating the sale of town parcels and easements to VELCO. The proposed sale will be a total of 6.37 acres of town land and easements for the amount of $121,611.
 
Ellin London, resident, asked what the Town will receive for selling a portion of the Sterns/Tiballi land. Mr. Talley replied the Town will receive $38,468 for 1.02 acres of the Sterns/Tiballi parcel. VELCO can condemn the parcel if the Town will not sell. Dick Reid, resident, asked if the Town will retain ownership of the land with an easement. Mr. Bohne showed the location of the parcels of land and easements on a site map. The assessed value of the parcel(s) and easements has been adjusted by the Common Level of Assessment (CLA. the proceeds from the sale of a 3.87 acre piece will be retained by Fieldhouse, Inc. The proposed underground line portion on Bay Road is close to the underpass and will have a .02 acre permanent easement and a .02 acre temporary construction easement. Ms. McKnight asked if the assessed values of the easements are discounted because they are easements versus fee simple for real property. Mr. Bohne stated that the easements for land are receiving full value. Steve Stitzel, Town Attorney, explained the Town is following a two step process. A draft Option Agreement will be submitted for final review regarding the easements and land. An agreement to sell will be executed at the next meeting relative to terms and conditions, and once that step is taken, the 30-day appeal period commences. Voters can submit a petition for a town-wide vote. All documents (drafts, site maps, agreements) will be posted at Town Hall for public review.
 
MOTION by Mr. Roesler, seconded by Ms. McKnight, that the Shelburne Selectboard agree to enter into an Option Agreement substantially in the form attached hereto and identified as the draft dated May 8, 2007 which provides for the Sale of Land and Easements to VELCO for a total price of $121,611, said property to be sold being described in the draft Option Agreement and being shown on the plans mentioned in the draft Option Agreement. VOTE: unanimous (4-0); motion carried.
 
MOTION by Mr. Roesler, seconded by Mr. Smith, to authorize the Selectboard Chair to issue a Public Notice of the proposed sale of town land and easements on town land. VOTE: unanimous (4-0); motion carried.
 
Tom Dunn, VELCO representative, reviewed the project schedule pending necessary land and easements. The final PSB approval for the substation and transmission line route is expected in early June. The intent is to start construction mid-June. A meeting will be held in advance of construction to introduce the construction team and contact information. It is anticipated that construction will take four to five months to complete. Mr. Talley asked if the VELCO contact person will update Shelburne on progress every six weeks. Mr. Dunn stated construction of the South Burlington substation is underway currently. A neighborhood meeting was held prior to the construction start. Concerns of neighbors are addressed. There is restriction on construction from 7 p.m. to 7 a.m. and on Sundays. VELCO representatives will be available to meet with Shelburne residents after the Selectboard meeting. Mr. Dunn reviewed line and pole installations, which will start early in the 2007 fourth quarter. The condemnation process is necessary in certain areas.
 
Rad Romeyn, resident, asked if there are any concerns regarding the structural weight on the Harbor Road Bridge. Mr. Bohne stated the Town will require a weight permit. Loads can not exceed the weight limit of 55,000 pounds. Weight restrictions will be enforced. Mr. Dunn assured VELCO will stay within the bridge weight limits with the exception of the transformer. Transformer equipment will be transported on a vehicle with a larger number of wheels allowing the weight to be spread out over a wider base to reduce the load on the bridge.
 
Dick Reid asked if staging areas are needed for the storage of materials. Mr. Dunn confirmed VELCO is looking at a site to store excavated material for the undergrounding project. A storage site has not been finalized yet. A storage site for poles will be selected in Charlotte. The poles will be transported to the installation sites as needed. Mr. Reid asked if material will be stored at the substation site. Mr. Dunn replied there will be some temporary storage of material at the substation for a day or two.
 
6.         PUBLIC HEARING: CONSIDER AMENDING SEWER CAPACITY ALLOCATION ORDINANCE
Mr. Bohne reviewed the proposed amendment of the Sewer Capacity Allocation Ordinance for allocation of capacity at Treatment Plant #1 and #2 for a period of three years. Attachment B shows the flow at each plant, remaining capacity, and the amount of capacity for the next three years. Mr. Talley read Section 13 (page 12) relative to fees. Mr. Bohne noted fees are set in the Aid In Capacity Ordinance. Fees pay for the collection system expansion and plant upgrades. New capacity is rolled into the cost, which is an allocation fee. The Aid In Capacity fee is paid when the applicant obtains a building permit. Mr. Talley suggested charging a fraction of the allocation fee up front so that sewer allocation is not committed to projects that do not materialize. There was discussion of the proposed three-year capacity allocation for Plant #2 at 59,151 gpd, capacity at each plant, potential to switch flows from Plant #1 to Plant #2 in the Longmeadow system, mechanisms that restrict the amount of capacity for a major project that include phasing capacity over a three-year period, 10% percent set aside, and issues such as infiltration of ground water into the system.
 
MOTION by Mr. Smith, seconded by Mr. Roesler, to adopt the amended Sewer Capacity Allocation Ordinance, dated 05/08/2007, as proposed. VOTE: unanimous (4-0); motion carried.
 
7.         CONSIDER ADOPTING RESOLUTION CREATING A DEVELOPMENT REVIEW BOARD
Mr. Roesler stated he attended open sessions on establishing a Development Review Board (DRB) and had discussions with members of the Zoning Board of Adjustment (ZBA) and Planning Commission (PC) in a private capacity. There is great respect for the dedication and hard work of the ZBA and PC on projects/applications, however, it seems a DRB is an appropriate way to combine the quasi-judicial bodies of the ZBA and PC. It is hoped current board members will serve on the new DRB. Mr. Roesler stated the change will streamline the process for applicants (applications heard by one board which does not necessarily mean the application will be reviewed in only one meeting). The good and careful review by past boards will continue in the future.
 
MOTION by Mr. Roesler, seconded by Ms. McKnight, that the Town of Shelburne adopt the proposed Development Review Board to consist of  seven (7) members effective September 11, 2007, as set forth in the resolution as read.
DISCUSSION:  Mr. Roesler read the resolution. Ms. McKnight acknowledged there are pros and cons to the issue, including concern that streamlining the process may be ‘pro-developer’. The Town Attorney advised in support of establishing a DRB. Other communities have found it makes the process easier for the citizenry to be involved. Currently, a legal appeal to the Environmental Court has fact finding at a location away from Shelburne. The DRB will have fact finding at a local level and will increase local control. Middlebury has changed to a DRB system. Mr. Bohne stated staff recommends and the resolution outlines that a DRB will not be “on the record” so if an application is appealed and goes to court there will not be an “on the record” account. Mr. Roesler explained the Administration Procedure Act process where an applicant or opponent can have the record reviewed upon request or a stenographer can be hired or a video tape entered into the record. Ms. McKnight said Middlebury will use a DVD recording system at DRB hearings. Mr. Romeyn asked if minutes of the meetings will provide a record. Ms. McKnight replied not as fact finding as defined in the Administration Procedure Act. There must be an actual record of a hearing, not a summary. The record will need to be close to verbatim. Mr. Holt pointed out that when a DRB is created it will not be on the record. Mr. Bohne noted the Administration Procedure Act talks about a swearing in process and everything is considered to be on the record for the purposes of the DRB. If a DRB meeting is not recorded on a DVD or video, then the court hearing will start the process over again. Mr. Talley clarified the DRB meetings can be covered either way or even switched later.  Appeals will be heard de novo so local control is not applicable. Mr. Romeyn asked if appeals of PC decisions are de novo currently. Ms. McKnight confirmed this. Mr. Bohne mentioned the ZBA has not adopted the Administration Procedure Act. Mr. Funtow interjected the ZBA did swear in those giving testimony at one time. The process was started when Cindy Tyminski was the Acting Zoning Administrator, but did not last long and it is not clear why it was stopped. The meetings were audio tape recorded while Ms. Tyminski was there. Gail Albert, Shelburne Conservation Commission, asked if the swearing in process is offered as a rationale for switching to a DRB. Mr. Talley replied no.  Gwen Webster, ZBA member, asked about the ZBA and PC adopting the Administrative Procedure Act. Mr. Bohne stated the meeting would not be on the record as far as the Environmental Court is concerned.  It was noted the Town Plan has been amended by the PC and adopted every 5 years as required. Ms. White, PC member, spoke in opposition to the change to a DRB process. Ms. White said it feels as if the role of the DRB is cast in stone. There will be a separation between the DRB and PC and the PC will not be able tell if new ideas put in the Town Plan are good or not. Also, people will be intimidated by the swearing in process and there might be less participation. Gwen Webster noted the timing of a September start for the DRB is ill-conceived. The PC has not completed the zoning rewrite so a new board will not know the nuances of the bylaws. Mr. Holt stated none of the ZBA members are in favor of a DRB and only the chairperson of the PC is in favor but agrees September is an inopportune date. There was further discussion of the DRB concept which has been under consideration in Shelburne for the past three years. Mr. Roesler reiterated that a DRB will be a more efficient system for the Town and will allow the PC to do the job of planning. A DRB makes sense. Mr. Talley added the entire process is a rules-based process set in law. No board has authority to make up the rules.  Gail Albert expressed concern that consolidating the boards will make the application process much longer. Tucker Holland, PC member, shared his belief that a DRB will be more efficient and the PC planning will be more solid than in the past. The PC has been stretched as a volunteer board in terms of pure planning and the Town may not have received the best efforts. The resolution is good as well as having individuals serve on both commissions to avoid a disconnect between boards. Mr. Talley noted the Town Planner is a crucial bridge between the two boards. The Selectboard agreed that there should be volunteers on both boards. Mr. Bohne stated Brian Bigelow, Zoning Coordinator, will be the primary staff for the DRB and the Town Planner will function as the primary staff for the PC. The two staffers share an office so it will be easy to collaborate. Mr. Funtow asked if the claimed “inefficiencies” of the ZBA/PC have been addressed, noting there have not been any complaints regarding the ZBA. Perhaps if the Town fixed that part then the process may be more streamlined. Ms. Webster commented if a variance application is not approved by the ZBA the application will not go before the PC. Under the present configuration there are 12 sets of eyes reviewing an application (both the ZBA and PC). With the DRB there will be fewer people reviewing an application. Boris Funtow observed if members of the ZBA do not continue on the DRB the town will lose that expertise and experience. There would be a knowledge gap with the new board. Mr. Roesler assured the Selectboard is not attempting to sweep out current members out. It is hoped current members will continue on the DRB. Gail Albert asked how the new board will relate to the Natural Resources and Conservation Committee. Mr. Talley stated the roles will remain the same. Mr. Bohne added the DRB will receive input from the NRCC. Ms. Albert questioned where the volunteers for all the new committees will come from, and asked if public comment has been heard by the Selectboard other than from committee members. Mr. Talley stated the Selectboard has heard from 20 people; there is a 50-50 split on establishing a DRB. Bill Smith stated per his discussions with people it appears the system is working, but not working as well as it could under a revised plan. There were two components to planning: the destination/plan for the future and staying on course. Acknowledging it is good to have many people reviewing each application, the Town is missing the long range planning piece by having the PC doing the level of work that is being done now. Also, having applicants being bounced back and forth in the process is not desirable. Staff assignments for continuity are important. Ellin London stated she is unhappy with the proposed change and expressed concern Shelburne is getting like South Burlington. Ms. London opined Shelburne needs a building inspector more than a DRB.
     CALL THE QUESTION by Mr. Talley. Discussion ceased.
VOTE: unanimous (4-0); motion carried.
 
8.         CONSIDER ADOPTING WASTEWATER BUDGET FOR THE FISCAL YEAR 2007
Peter Frankenburg reviewed the Wastewater Budget for FY 2007-2008.  The proposed budget includes a rate increase of 7.8%, to $8.30 per thousand gallons. Staff is exploring an increase in the fee charged for accepting outside septage (increased to $.06/gallon) to offset loss of revenue. Mr. Talley asked if there is opportunity to decrease the fee to four cents if that might increase the number of haulers. Bernie Gagnon explained it is easier for the biggest hauler to go to Richmond than Shelburne. Mr. Talley asked if Shelburne is getting haulers mostly from the south (Charlotte, Ferrisburg) and should the town be soliciting more commercial septage. Mr. Bohne interjected with commercial septage it is not known what is being accepted from an outside hauler (could be grease from a restaurant for example). Mr. Frankenburg reported infiltration causes high flows to the treatment plants, but the billing is at a constant level. This increases operating costs. Therefore only a modest increase in billing gallons is proposed. There was discussion of water infiltration caused by precipitation events, constraints that include pump run time versus flow rate (pumps if clogged will continue to run, but not pump any material), infiltration from a combination of leaking in pipes and manholes (being identified with cameras). There is potential for smoke testing if there is money in the budget.
 
Mr. Talley asked staff to create a graph of the overall debt service schedule. Ms. McKnight asked if eliminating illegal connections will increase revenue. Mr. Gagnon stated the connections will be disconnected as they are found. There was further discussion of the debt amount to support the waste water system and the lack of grants(most grants are geared toward small water systems and health problems), and the potential to switch flows from Plant #1 to Plant #2 at the Longmeadow connections. Mr. Talley asked if Plant #1 could be shut down and used as reserve capacity if flows are sent to Plant #2. Ms. McKnight asked about potential for other towns to tie into Shelburne’s plants to increase revenue. Mr. Gagnon noted the expense to expand the plant. South Burlington is the closest town and they have their own plant. Mr. Roesler asked about the effect of an additional 175-200 housing units sending to the system. Mr. Gagnon stated the plants have the capacity and the Town will collect the Aid In Capacity fee for each unit. 
 
MOTION by Mr. Roesler, seconded by Mr. Smith, to approve the proposed FY2007-2008 Wastewater Budget as presented. VOTE: unanimous (4-0); motion carried.
 
9.         PRESENTATION OF THE WATER DEPARTMENT BUDGET FOR SELECTBOARD REVIEW AND COMMENT
Mr. Frankenburg reported the Water Commission approved the FY 2007-2008 budget at their meeting on 5/7/07.  The water rate will increase by 4.3% to $4.36 per thousand gallons. This equates to an annual increase of $12.60 for an average household. Usage for 2007-2008 is 163 million gallons. Mr. Frankenburg reviewed expansion and capital projects, including replacement of the 2001 truck. The water lines with breaks are being prioritized. A line replacement project on Spear Street is being studied with an estimated cost of $200,000. This is planned for 2011, when an existing loan will be paid off leaving some room for new debt. The transfer to the Capital Improvement Fund is increasing from $20,000 to $50,000.
 
10.       CONSIDER RENEWING BOND ANTICIPATION NOTE WITH CHITTENDEN BANK IN THE AMOUNT OF $300,000 FOR A TERM OF THREE MONTHS AT AN ANNUAL INTEREST RATE OF 3.95 PERCENT TO PAY THE REMAINING AMOUNT DUE TO THE STATE FOR THE ROUTE 7 SEWER LINE RELOCATION (AMOUNT TO BE REIMBURSED FROM THE STATE REVOLVING LOAN FUND)
MOTION by Mr. Roesler, seconded by Ms. McKnight, to renew the bond anticipation note with Chittenden Bank in the amount of $300,000 for a term of three months at an annual interest rate of 3.95 percent to pay the remaining amount due to the state for the Route 7 sewer line relocation project to be reimbursed from the State Revolving Fund. VOTE: unanimous (4-0); motion carried.
 
11.       CONSIDER APPROVING MINUTES OF APRIL 10 AND 24, 2007
MOTION by Mr. Smith, seconded by Mr. Roesler, to approve the Selectboard minutes of 4/10/2007 as written. VOTE: 3 ayes, 1 abstention (Ms. McKnight); motion carried.
 
Approval of the 4/24/07 minutes was deferred until the next meeting of the Board.
 
12        MANAGER’S REPORT
Mr. Bohne thanked the both the highway crew and Water Department crew for the quick and efficient work at the Harbor Road Bridge. The public was thanked for their patience. Mr. Talley asked about the source for the $13,000. Mr. Frankenburg replied the money will likely be taken from the Highway budget. Mr. Talley suggested using the Selectboard Discretionary Fund for a fair portion.
 
Mr. Bohne reported VTrans recommended a pavement grant for one mile more of paving on Shelburne’s roads.
 
13.       MEMBERS CONCERNS
The Selectboard signed Liquor License applications.
 
Mr. Talley suggested the town’s state representatives, Joyce Errecart and Joan Lenes, be invited to the May 22, 2007 Board meeting for a legislative update.
 
14.       ADJOURNMENT
MOTION by Mr. Roesler, seconded by Ms. McKnight, to adjourn the regular meeting. VOTE: unanimous (4-0); motion carried.
 
The meeting was adjourned at 9:59 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.

 Selectboard

MINUTES OF MEETING

MAY 22, 2007
 
MEMBERS PRESENT:       Jim Talley, Chairperson; Robert Roesler, Chris Boyd, Jane McKnight, Bill Smith.
ADMINISTRATION:           Paul Bohne, Town Manager.
OTHERS PRESENT:            Tom Moreau, Dick Elkins, Mark Brooks, Terry McKnight, David Marshall, John Giebink, Charlie Brush, Krister Adams, Richard Williams, Robert White, Rob Donahue,  Margo Callahan (Shelburne News), Chris Preston (Shelburne News).
 

1.         CALL TO ORDER
Mr. Talley, Chairperson, called the meeting to order at 7:02 p.m.
 
2.         CHANGES TO AGENDA
  • Agenda Item #6 was deferred to June 12, 2007.
 
3.         CITIZEN PARTICIPATION
None.
 
4.         PRESENTATION AND CONSIDERATION OF THE CHITTENDEN SOLID WASTE DISTRICT FY08 BUDGET
Tom Moreau, General Manager of the Chittenden Solid Waste District (CSWD), reviewed the budget report, noting the 5.4% increase in the operating budget and a $23,000 reduction in revenues. Due to the strong recycle market tip fees are not being assessed. The salary line item increased 12% to cover filling two full-time equivalent marketing positions. Drop-off Centers in Hinesburg and Colchester are needed. The court case regarding the acquisition of the Hinesburg Sand and Gravel property ruled in favor of CSWD.
 
MOTION by Mr. Roesler, seconded by Ms. McKnight, to approve the proposed FY08 Chittenden Solid Waste District budget as presented. VOTE: unanimous (5-0); motion carried.
 
5.         CONSIDER APPROVING EXECUTION OF PURCHASE AND SALE AGREEMENT FOR SALE OF TOWN LAND AND EASEMENTS TO VELCO
Mr. Bohne reviewed the purchase and sale option agreement. Approval of the option agreement is subject to the addition of language to be included in each individual deed. The document has been reviewed by the Town Attorney and the Selectboard. Issues have been addressed in the document. Staff recommends the Board authorize the Selectboard Chairperson or Town Manager to execute the agreement.
 
MOTION by Mr. Roesler, seconded by Mr. Smith, to authorize the Town Manager to execute the proposed Purchase and Sale Option Agreement for the Sale of Town Land and Easements between the Town of Shelburne and Vermont Transco LLC.
DISCUSSION: Ms. McKnight asked to review the language. Mr. Elkins asked about the substation land. Mr. Talley stated VELCO is retaining the GMP land and adding this to the area for the new substation. Ms. McKnight asked for clarification of two easement deeds and six parcels (unique deed for the Blodgett field(s). Ms. McKnight also noted the legal name spaces in the agreement are not filled in. Mr. Talley stated there are eight easements. Mr. Roesler asked if the overhead transmission and underground easements in Paragraph 3 are part of the confusion. Mr. Bohne stated there are two easements. The first one is for the overhead line and the second is for the underground portion. Ms. McKnight asked if there is a grant deed or warranty as outlined in Paragraph 3, Subsection a-i, and a fee parcel. Mr. Bohne replied the substation is being sold in fee (Paragraph 3.a). There were no further comments or questions.
VOTE: unanimous (5-0); motion carried.
 
6.         UPDATE/DISCUSSION OF SHELBURNEWOOD PROJECT
Richard Williams, Vermont Housing Authority (VHA), thanked the Town for continued support including the planning grant for the Shelburnewood project applied for with the support of the Town of Shelburne. The project has been a two year process to date. VHA has been working to partner with a private developer with private capital to save the mobile home park and preserve the LaPlatte River resources. Green Mountain Development Group, Inc. has been approached regarding affordable housing on the parcel. John Giebink and Charlie Brush, Green Mountain Development Group, gave a brief history of the company and development projects (Beaver Creek, senior housing at The Pines in South Burlington, and the St. Johnsbury Hotel rehab project). The Board received a copy of the company brochure. Mr. Brush explained the smart growth vision as an extension of the current village core and reflects the new Town Plan. The proposal, known as East Village, may include expansion of the village streetscape with elderly and family housing, commercial offices, a village inn, a pedestrian connection to the village, and protection of the LaPlatte River.  VHA and GMDG are seeking Selectboard support as the Planning Commission review begins. Current zoning does not allow the scope of the proposed project. The Planning Commission will be asked to craft zoning to benefit East Village. Robert White clarified the project will promote a mix of housing with integration of affordable housing. The project will be an extension of the village fabric, sensitive to the historic core of the village. The mobile home park is an integral part of the new fabric. The design is a challenge with a mix of housing types. Work with the Planning Commission to draft policies to support the project will occur. Density at eight units or more per acre is one of the issues. Civil Engineering Associates has been hired. The developers will try to bring public transit to the site.
 
Mr. Talley asked if the plan includes entry level housing for new families, stressing the need for starter homes. Mr. Giebink confirmed this. The developers will explore affordable housing for the elderly and include rental units, purchased condos/cottages, and single family units. In studies of such developments, it is found that 80% of the people who settle in these types of developments come from within a ten mile radius of the development. Mr. Giebink explained that a larger elderly component makes the project more feasible. The elderly units are smaller with less overall impact on town services. There are 40 acres of land. Work will be done with the Planning Commission on zoning for a plan that will mesh with the Town Plan and village core. The developers will also work with the new DRB when it is established.
 
Ms. McKnight asked if half the land will be undeveloped. Mr. Giebink replied development will not occur on the slopes of land or near the LaPlatte River running through the property. The Pines was designed to blend the buildings into the landscape. At The Pines there are 125 units in one building and 60 units across the driveway. It is urban dense that is an excellent use of a small parcel. The tax base is good for South Burlington. Elderly housing brings no school children. The only impact is fire and rescue services. Half of the residents own cars, but only half drive. The project generates 20 trips per day. The Pines residents volunteer at the community library and school.  Ms. McKnight asked about other uses. Mr. Giebink explained current zoning must be changed to include single family, townhouses, apartments, and duplexes. The goal is to have rental and for sale units, commercial office space, medical service space as well as saving the mobile home park and preserve the LaPlatte River corridor. Mr. Williams pointed out the land is close to the village. Residents can walk to shops. The development will create a viable downtown community.
 
Mr. Roesler noted he will recuse himself because he represents a party currently under option to Green Mountain Development Group.
 
Mr. Williams stated if the mobile home park purchase agreement is not complete within one year the owners will have to re-notice the park sale. The park residents have met Green Mountain Development Group. If the sale is complete, HFI will continue to manage the 25 lots in the mobile home park. New design of the mobile home park includes reconfiguring the lots, pouring new concrete pads, and relocating homes. Mr. Boyd asked for an update on the park closure notice. Mr. Williams replied the date has been pushed out. The Thomases can close the park if the agreement does not go forward within the next nine months. The residents support HFI and are signing a petition for co-development with HFI and GMDG as special LLC partners.
 
Terry McKnight, Shelburne resident and developer of affordable housing in Middlebury, commented that the project is exciting. The scale in Shelburne is smaller than similar projects in Middlebury and so must be creative in design. A question to consider is whether the development improves the village. Mr. McKnight also suggested having discussions with the owner of the Shelburne Shopping Center about development of land around the center, and the potential for cooperation. Mr. Williams stated discussion with the mobile home park residents and Opportunities Credit Union has occurred. The long term goal is to own the mobile home park as a cooperative.
 
Gail Albert, Shelburne Natural Resources Committee, spoke in support of smart growth, and offered that SNRC will work in partnership with the developers and the Planning Commission on zoning issues to move the project forward.
 
Mr. Talley observed the proposal will double the size of the core village population which will be a big impact. SNRC is a great resource. Mr. Williams agreed the large number of units may be a concern to some, but density can be increased in a positive way. Mr. Talley noted the zoning and subdivision process is rules-based, and the town is currently in the process of re-examining the zoning regulations.
 
Ms. McKnight asked if the developers have done any marketing studies. Mr. Brush stated the demographics for the region show an aging population. Demand for projects like The Pines indicates a desire for rental units priced in the range of $450-$1,200 per month (includes meals and services). The Visiting Nurse Association (VNA) is part of a community based service model (independent living with a la carte component). Mr. Brush clarified that the elderly units are not Level 3 assisted care living, and is community based versus medical based. Gail Albert asked if The Pines is a graduated care living system. Mr. Brush stated people move out of The Pines if 24-hour assisted living arrangements are necessary (Alzheimer’s or dementia). With nursing and food service on site people can stay in their homes a long time. Residents using motorized carts or wheelchairs can live at The Pines.
 
Rob Donahue, Bike/Pedestrian Committee, spoke in support of the project.
 
Dick Elkins asked about federal or state grant money for the project. Mr. Bohne explained the Town received a $30,000 HUD planning grant administered by the State, and he anticipates that the Town will be asked to apply for an implementation grant.
 
7.         CONSIDER APPROVING APPLICATION FOR PLANNING AND ENGINEERING FUNDS FOR SIDEWALK ON MT. PHILO ROAD
Mr. Bohne explained the request to apply for design and engineering funds for a sidewalk from Marsett/Falls Road one half mile down the east side of Mt. Philo Road. Funds from the CCMPO for construction and engineering design will be sought at a later date. The match from the town for the engineering design is $10,200. Board approval is needed to authorize the Town Manager to sign the application for planning and engineering for the Mt. Philo Road sidewalk. The Bike and Pedestrian Paths Committee supports the application.
 
MOTION by Ms. McKnight, seconded by Mr. Roesler, to authorize the Town Manager to sign the grant application for funding the planning and engineering for a sidewalk on Mt. Philo Road as presented. VOTE: unanimous (5-0); motion carried.
 
The Board signed the letter of support.
 
 
8.         CONSIDER APPOINTMENT OF SHELBURNE CCMPO REPRESENTATIVE FOR A TWO YEAR TERM
MOTION by Mr. Roesler, seconded by Mr. Boyd, to appoint Jim Dudley as the Shelburne CCMPO representative for a two-year term. VOTE: unanimous (5-0); motion carried.
 
9.         CONSIDER APPOINTMENT OF SHELBURNE CCMPO ALTERNATE REPRESENTATIVE FOR A TWO YEAR TERM
Ms. McKnight mentioned George Schiavone expressed interest in serving on the MPO. Mr. Talley pointed out the appointment can be deferred until the end of the current term). Ms. McKnight will contact Mr. Schiavone.
 
10.       CONSIDER ALTERNATE SHELBURNE CHITTENDEN SOLID WASTE DISTRICT REPRESENTATIVE FOR A TWO YEAR TERM
MOTION by Mr. Roesler, seconded by Mr. Boyd, to nominate the Town Manager to serve as the Shelburne Chittenden Solid Waste District Alternate for a two-year term. VOTE: unanimous (5-0); motion carried.
 
11.       CONSIDER APPROVAL OF CAPITAL IMPROVEMENT NOTE WITH CITIZENS BANK IN THE AMOUNT OF $29,000 AT A FIXED RATE OF 3.88 PERCENT FOR A TERM OF FOUR YEARS FOR THE PURCHASE OF A UTILITY TRUCK FOR THE WASTEWATER DEPARTMENT
MOTION by Mr. Roesler, seconded by Ms. McKnight, to approve the Capital Improvement Note with Citizens Bank in the amount of $29,000 at a fixed rate of 3.88 percent for four years for the purpose of purchasing a utility truck for the Wastewater Department. VOTE: unanimous (5-0); motion carried.
 
12.       CONSIDER APPROVING MINUTES OF APRIL 24 AND MAY 8, 2007
MOTION by Ms. McKnight, seconded by Mr. Boyd, to approve the minutes of 04/24/2007 as written. VOTE: 3 ayes, 2 abstentions (Mr. Smith, Mr. Talley); motion carried.
 
MOTION by Mr. Roesler, seconded by Mr. Smith, to approve the minutes of 05/08/2007 as written. VOTE: 4 ayes, 1 abstention (Mr. Boyd); motion carried.
 
13.       MANAGER’S REPORT
Mr. Bohne reported on the following:
  • The Restorative Justice Program that works with referrals for the courts and States Attorney’s Office and the Shelburne Community School has been awarded $1,000 to pay for contracted services. The Restorative Justice Board meets in the Town Offices and is funded through the Department of Corrections.
  • Temporary fix of the Harbor Road Brick Arch Bridge is estimated at $10,687.95. Funding sources to pay for the repairs will be recommended before the end of the year.
  • CCTA schedule changes related to a proposed mileage formula could increase the number of bus runs on the Shelburne Rd./Marsett Rd./Falls Rd route and one extra run to Vermont Teddy Bear Factory. The additional services will have no extra cost.
  • Staff placed an advertisement in the Shelburne News seeking candidates for a Shelburne CCTA representative and other open seats.
 
14.       MEMBERS CONCERNS
Ms. McKnight commented on the traffic speed cart on Spear Street.
 
Mr. Boyd asked if the Fire Department is invited to present fire prevention exercises at the school. Mr. Talley confirmed this, adding the program is very popular.
 
Mr. Boyd reported the screening at the Shelburne Athletic Club is rusting red again. Staff will contact the club owners.
 
Mr. Talley requested discussion of re-appointments and Shelburne representatives be added to the June agenda. The CCRPC representative and alternate positions are expiring soon.
 
15.       ADJOURNMENT
MOTION by Mr. Roesler, seconded by Ms. McKnight, to adjourn the meeting. VOTE: unanimous (5-0); motion carried.
 
The meeting was adjourned at 9:10 p.m.
 
RScty: K.Furr

January 2007
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February 2007
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March 2007
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April 2007
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May 2007
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June 2007
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July 2007
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August 2007
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September 2007
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October 2007
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November 2007
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December 2007
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P.O. Box 88
5420 Shelburne Road
Shelburne, VT 05482
phone: 802-985-5110
fax: 802-985-9550


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