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June 2007
SELECTBOARDMINUTES OF MEETINGJUNE 12, 2007 MEMBERS PRESENT: Jim Talley (Chairperson); Robert Roesler, Jane McKnight, Bill Smith, Chris Boyd. ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Bernie Gagnon, Public Works Director. OTHERS PRESENT: Rep. Joan Lenes, Rep. Joyce Errecart, Bob Dilts, Rob Donahue, Chris Chiarello, Gabriela Meyer, Gail Albert, Paul Boisvert, Doris Larramie, Marcel Larramie, Ashley Matthews (Burlington Free Press), Chris Preston (Shelburne News). 1. CALL TO ORDER Mr. Talley, Chairperson, called the meeting to order at 7:04 p.m. 2. CHANGES TO AGENDA None. 3. CITIZEN PARTICIPATION None. 4. CONVERSATION WITH REPS. JOYCE ERRECART AND JOAN LENES re: ISSUES FROM LAST LEGISLATIVE SESSION Representative Joan Lenes reviewed the end of the legislative session report, dated June, 2007, noting her first year in the legislature was a learning experience. Representative Joyce Errecart cautioned citizens not to confuse legislative activity with accomplishment. The state’s telecommunications network needs expansion, higher taxes were loaded on the taxpayer, and there were cuts to education capital improvements and transportation funding. The Town of Shelburne is urged to continue with the League of Cities and Towns which is a very effective organization. The legislature discussed reconsideration of the petition vote process (change 5% registered voter requirement to 20%). A super-majority vote would be needed to reconsider a previous vote. Proposals considered guide how towns can regulate telecommunication structures. To make it easier for voters to register to vote an additional 48 hours were added to the timeframe. An on-going library study related to service, facilities, funding, and potential for consolidating libraries was also explored. Mr. Bohne stated one issue of concern is H.154 (storm water and phosphorous allowed in treated water). Future rules made as a result of the ANR Secretary’s report could require that Shelburne must make significant improvements to the town’s treatment plants. Between the two plants Shelburne has discharged about 200 pounds of phosphorous into the lake so far this year. Shelburne’s discharge is minimal when compared to non-point sources in the LaPlatte River and Otter Creek. Shelburne recently spent $11 million in upgrades to the sewer connections between the two plants. Ms. Errecart stated the legislature banned dish washer detergent with phosphorous. Under present rules towns will have four or more years to comply, which lessened the heavy handed effect. Ms. Lenes noted there is some funding to address agricultural sources. Ms. McKnight asked about the top three priorities for the next legislative session. Ms. Errecart replied one priority is to control spending, and not just on education. Vermont has the highest tax burden in the nation and there are more and more demands, such as school construction costs, highways, and more. Another topic is to improve Vermont’s energy future. Ms. Lenes felt taxes were not jammed on people. The legislature has a different set of eyes. There are social needs, crime issues, quality daycare and early education. 5. CONSIDER APPOINTING GABRIELA MEYER TO THE BIKE/PED COMMITTEE MOTION by Mr. Smith, seconded by Ms. McKnight, to appoint Gabriela Meyer to the Bike/Ped Committee for a three-year term. VOTE: unanimous (5-0); motion carried. 6. CONSIDER APPOINTING BOB DILTS TO A THREE YEAR TERM ON THE PIERSON LIBRARY BOARD OF TRUSTEES MOTION by Ms. McKnight, seconded by Mr. Smith, to appoint Bob Dilts to the Pierson Library Board of Trustees for a three-year term. VOTE: unanimous (5-0); motion carried. 7. CONSIDER APPOINTMENT OF RON BOUCHARD TO A THREE YEAR TERM TO THE CHITTENDEN COUNTY REGIONAL PLANNING COMMISSION MOTION by Mr. Roesler, seconded by Mr. Boyd, to appoint Ron Bouchard to the Chittenden County Regional Planning Commission for a full three-year term. VOTE: unanimous (5-0); motion carried. 8. CONSIDER APPOINTMENT OF GEORGE SCHIAVONE TO A TWO YEAR TERM AS ALTERNATE REPRESENTATIVE TO THE METROPOLITAN PLANNING COMMISSION MOTION by Mr. Roesler, seconded by Mr. Boyd, to appoint George Schiavone to a two-year term as the Shelburne Alternate Representative to the Metropolitan Planning Commission. VOTE: unanimous (5-0); motion carried. 9. CONSIDER APPROVAL OF PLAN TO USE BAY PARK AS A STAGING AREA FOR CONSTRUCTION OF THE NEW WATER INTAKE FOR THE CHAMPLAIN WATER DISTRICT Dick Pratt, Champlain Water District, reviewed the proposal to use the Shelburne Bay Park “meadow” as a staging area for construction of a water intake pipe as outlined in documents sent to the Selectboard. The wetland section of the park and trees will be protected. Mr. Talley pointed out the fine print in the proposed agreement says trees will be removed. Mr. Pratt explained the intent is to preserve the trees or replace any that must be removed. Mark Judd, Bid-Co Marine, and Bob Perkins, CWD, were introduced. Mr. Perkins is the contact person for the project. Mr. Pratt explained the process of floating the intake pipe out into the bay (the path will take a northward arc toward the town moorings, but not go into the mooring area). When installed, the first 400’ of pipe will be buried in the lake bottom with the intake at a depth of 80’. The pipe will be fusion welded. The project is expected to begin August 1st and be significantly complete by October 1st. Mr. Judd stated from fabrication to floating the pipe will take 30 days. The pipe will be towed with a tug boat. Work will be coordinated with the Shelburne Harbormaster to avoid interference with boat traffic in the bay channel. The pipe will be night lighted three times beyond Coast Guard parameters. To address safety concerns everything done will be three times what is required. Mr. Pratt explained the following:
Mr. Smith asked about disruption of traffic, access to the park, or public use of the moorings. Mr. Pratt stated there may be a temporary interruption of access to the park if a fork lift is in use. CWD is committed to traffic control. Mr. Judd stated there will be a maximum of 12 cars (contractor employees) at the site. The piping is scheduled to arrive at the time of installation to minimize handling of the pipes. There will be 52 pipes each being 50’ long. Pipe will not be stockpiled on site. Anchor blocks will be purchased locally. Weather is a big issue. Using two work shifts will expedite exposure. Crews will work on a barge on the lake. There will be a minimal impact of work done on the shore. Gail Albert, Shelburne Natural Resources Committee, asked about using the meadow area on the west side of access road. Mr. Pratt explained the plan to assemble pipe sections. Ms. Albert mentioned some of the soil in the staging area is moist. There is concern the area will be compacted by machinery. Mr. Judd stated a marsh matt will be used, running end to end to the water with a roller conveyer on top. Any impact will be on the timber marsh matt on the ground. Ms. Albert asked if there will be any silting into the lake from the use of concrete anchors. Mr. Judd described the anchors (2’x 2’x 3’ long, each weighing 3,000 pounds). A crane will set the anchors on the lake bottom. Impact will occur when the anchors are set in the lake and then later removed. Ms. Albert asked about topsoil to restore the area by the rail system and work pad. Mr. Judd stated geotech fabric with select stone on top will be used to prepare the site. There may be material on top of the stone. When the project is complete, a geotech grid will be placed on the stone and dressed with top soil and seeded with grass. Mr. Talley asked if the contractor will use local hires. Mr. Judd replied as many local workers as possible will be hired. Mr. Pratt referred to the rough draft agreement included in the Board packet. Mr. Talley stated the Board wants the agreement to be between the Town and CWD since the contractor works for CWD. Mr. Pratt suggested that the contract could be between three parties (town, CWD, contractor). Ms. McKnight noted there are no terms, start dates or clauses covering over-runs in the agreement. Mr. Smith asked that language clarifying “no work in the bay channel” be included. Mr. Bohne noted the town is receptive to use of the site subject to further details. Staff will work on the draft agreement and have the Town Attorney review it. MOTION by Mr. Roesler, seconded by Mr. Boyd, to approve the draft agreement between Champlain Water District and the Town of Shelburne subject to successful negotiation of the details of the contract. DISCUSSION: There was discussion of the contract (project must be substantially complete in 150 calendar days with 184 calendar days to final completion, seven-day work week depending on weather, work done mainly in summer for lower impact on meadow and to allow time to replant in fall, one year warranty on restoration work). VOTE: unanimous (5-0); motion carried. An update on the project will be provided in July. 10. CONSIDER GRANTING LICENSE TO SOUTH VILLAGE COMMUNITIES, LLC FOR THE PURPOSE OF ALLOWING PORTION OF SPEAR STREET TO BE INCLUDED AS PART OF STORM WATER TREATMENT SYSTEM Paul Boisvert, Civil Engineering Associates, reviewed Phase I of the proposed South Village project, two watersheds located on the site east of Spear Street and north of the Shelburne Town line, and a swale design to move and treat storm water along the south side to a retention pond. The water quality swale design will run 100’ into Shelburne. The developers are seeking the right to work in the town right-of-way. There was discussion of maintenance and repair of the system. Mr. Boisvert said the South Village homeowners association will be responsible once the development is complete. Concern was expressed about storm water runoff creating flooding in Shelburne. Per the agreement if the developer or homeowners association fails to maintain the system, Shelburne can do what is necessary and bill the development (or South Burlington) for associated costs. Mr. Boyd asked about securing financial assistance to deal with water issues from the development. Mr. Bohne explained recourse is to invoke the state to enforce the (state) permit. If the South Burlington storm water utility controls the system and then they will be responsible. MOTION by Mr. Roesler, seconded by Mr. Boyd, to grant a license to South Village Communities, LLC for the purpose of allowing a portion of Spear Street to be included as part of the storm water treatment system in exchange for an easement to allow the Town of Shelburne to enter the property to repair the system as discussed. DISCUSSION: Mr. Boisvert clarified that the license is granted by Shelburne and the LLC provides an easement in exchange. The license gives the Town of Shelburne the ability to move the swale if needed. VOTE: unanimous (5-0); motion carried. 11. DISCUSSION OF AMENDING SEWER AID-IN-CAPACITY ORDINANCE Mr. Bohne briefly reviewed language changes to the Sewer Aid-In-Capacity ordinance to make the ordinance consistent with other ordinances. Proposed changes are as follows:
Ms. McKnight asked if the fee could be charged retroactively. Mr. Frankenburg said no. Mr. Boyd suggested the ordinance be worded in such a way that with Sketch Plan approval a portion is paid for a year followed by the full amount whether the project is developed or not. There was discussion of the status of the Rice Woods project (the court ruled the project can be built with modifications; there has been no advancement in negotiations). There was also discussion of having staff draft language for a graduated payment schedule as an incentive to developers to build their projects or have the allocation revert to the town. The applicant could pay the full rate and keep the allocation as an option. Additional suggestions included paying half of the assessment upfront and if the project is not built the town can reclaim the allocation, charging 25% of the Aid-In-Expansion fee upfront (nonrefundable) with a 5% administrative fee charged annually per the approval anniversary date for un-built projects, and the remaining 75% paid at time of hookup. Mr. Smith expressed concern about contingencies beyond an applicant’s control. Mr. Talley noted as the Sewer Commission, the Selectboard can waive fees if necessary. Ms. McKnight suggested language saying “allocation is deemed abandoned and springs back to town.” Mr. Talley suggested a reversion clause and a 5% fee as a surcharge. Mr. Bohne noted the Town Attorney has examples from other towns. Staff will explore models. Other issues for consideration are a recommendation to repeal the entire Section VIII, and the need to review the enforcement section. 12. CONSIDER AUTHORIZING TOWN MANAGER TO SIGN THE APPLICATION FOR A GRANT TO INVESTIGATE THE PRESENCE OF ANCIENT ROADS IN SHELBURNE MOTION by Ms. McKnight, seconded by Mr. Roesler, to authorize the Town Manager to sign an application for a grant to investigate the presence of ancient roads in Shelburne. VOTE: unanimous (5-0); motion carried. 13. CONSDIER DETERMINING THE PREFERRED ALTERNATIVE FOR RECONSTRUCTING THE BAY ROAD BRIDGE OVER THE LAPLATTE RIVER Mr. Bohne reported staff approached the MPO to request funding for review of the 1998 bridge study, an update on costs, and determining the best case to repair the bridge. Bernie Gagnon, Public Works Director, noted the state inspects bridges every two years. The June 2006 inspection of the Bay Road Bridge showed the bridge to be in fair to poor condition. In 2002, guard rails were fixed and some cosmetic work was done. There has been no additional work done to the bridge. Staff is seeking support to request funding from the MPO to update the previous study on the current condition of the bridge (short term) and long term to add the project to the TIP and be eligible for the state list for funding. MOTION by Mr. Roesler, seconded by Mr. Boyd, to request that the MPO update the previous plan to determine the preferred alternatives for reconstructing the Bay Road Bridge over the LaPlatte River. DISCUSSION: There was brief discussion of inflation and estimated costs, adding features such as a bike lane, and improving sight distances. Ms. McKnight asked if increasing the height of the bridge to allow boats to pass underneath had been considered. Mr. Gagnon said he did not know if the engineers had looked at the height. VOTE: unanimous (5-0); motion carried. 14. PRESENTATION AND DISCUSSION OF FORMING A TAX ASSESSMENT DISTRICT TO PAY FOR CONSTRUCTION OF A SEWER LINE ON BAY ROAD, EAST OF YACHT HAVEN DRIVE Mr. Bohne explained the proposal to provide sewer service to Bay Road. Marcel Beaudin installed a force main for his two lots tied into the town manhole. Staff was authorized to explore bringing sewer service to the rest of Bay Road. Mr. Gagnon explained the town’s proposal models Mr. Beaudin’s force main line. Cost includes engineering for individual pump stations tied to tanks at each house. In order for the project to move forward a tax assessment district to pay for the project must be created. The Town will bond for the cost authorized by a town wide vote. The voters must also approve establishing the tax assessment district. A portion of the cost will be charged to each hook up to pay back the bond over 20 years. Homeowners have been notified in writing. There will be public discussions prior to the 2008 March Town Meeting. There was brief discussion of the proposed $13,500 individual hookup fee. The cost will depend on the house, tank condition, and age of the dwelling. Each homeowner will be responsible for their engineering costs and connecting to the town system (total cost of $32,000). Following further discussion, the consensus of the Selectboard is to move the project forward. 15. CONSIDER RENEWAL OF GRANT ANTICIPATION NOTE WITH CHITTENDEN BANK IN THE AMOUNT OF $100,000 AT AN ANNUAL INTEREST RATE OF 3.9% FOR A TERM OF SIX MONTHS TO PAY EXPENSES FOR THE HULLCREST STORMWATER AND ROUTE 7 SIDEWALK PROJECTS PENDING REIMBURSEMENT FROM GRANT SOURCES MOTION by Mr. Roesler, seconded by Mr. Smith, to renew the Grant Anticipation Note with Chittenden Bank in the amount of $100,000 at an annual interest rate of 3.9% for a term of six months to pay for expenses for the Hullcrest Stormwater and Route 7 sidewalk projects pending reimbursement from grant sources. VOTE: unanimous (5-0); motion carried. 16. CONSIDER SEWER ALLOCATION REQUEST BY LOIS HADDOCK, 428 WEBSTER ROAD, FOR 210 GALLONS PER DAY MOTION by Mr. Boyd, seconded by Ms. McKnight, to grant the sewer allocation request by Lois Haddock, 428 Webster Road, for 210 gpd as presented. VOTE: unanimous (5-0); motion carried. 17. CONSIDER APPROVING MINUTES OF MAY 22, 2007 MOTION by Mr. Roesler, seconded by Ms. McKnight, to approve the Selectboard minutes of 5/22/07 as written. VOTE: unanimous (5-0); motion carried. 18. MANAGER’S REPORT Mr. Bohne reviewed the following items:
19. MEMBER CONCERNS Ms. McKnight asked for an update on the Shelburne Arts Center lease of the Pierson building. Mr. Bohne stated once correspondence between the Town and Shelburne Arts Center is complete there will be a Board discussion. Mr. Boyd announced that he will miss the next two Board meetings. Mr. Talley reported when the Fire Department responded to a call at the Shelburne Community School last week, it was found parents had parked in the Fire Lane in the school circle forcing the trucks to go to another location at the school. Mr. Bohne said the Police Department is issuing parking tickets, but this has not had an impact as yet on drivers. 20. ADJOURNMENT MOTION by Mr. Boyd, seconded by Ms. McKnight, to adjourn the meeting. VOTE: unanimous (5-0); motion carried. The meeting was adjourned at 10 p.m. RScty: K.Furr
SELECTBOARDMINUTES OF MEETINGJUNE 26, 2007 MEMBERS PRESENT: Jim Talley, Chairperson; Robert Roesler, Jane McKnight, Bill Smith. (Absent: Chris Boyd.) ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer. OTHERS PRESENT: Colleen Haag, Dick Kuklis, Bill Hoadley, Marty Illick, Ken Albert, Gail Albert, Roslyn Graham, Oda Hubbard, Marshall Webb, Lisa Godfrey, Ted Godfrey, Dorothy Davis, Ashley Matthews (Burlington Free Press), Chris Preston (Shelburne News); and others. 1. CALL TO ORDER Mr. Talley, Chairperson, called the meeting to order at 7:08 p.m. 2. CHANGES TO AGENDA Added to agenda: Item 4a) Update on PSB Decision re: VELCO 3. CITIZEN PARTICIPATION None. 4. CONSIDER APPROVING USE OF ADDITIONAL ONE DOLLAR RECORDING FEE APPROVED BY THE LEGISLATURE FOR THE PURPOSES OF COMPUTERIZING TOWN RECORDS Colleen Haag, Shelburne Town Clerk, reported the Legislative approved adding one dollar to the current $7 recording fee. The additional dollar will be used to computerize Town records. The Legislative Committee and the Vermont Clerk’s Association Committee collaborated on the project to computerize land records making the records accessible to attorneys and the public via a subscription fee. The draft resolution is modeled after the resolution passed by the Town of Milton. Recording fee revenues in the past have totaled nearly $12,000. The funds are used for preservation of town records. Shelburne will computerize 40 years of records. The current land deeds are not being scanned at this time. MOTION by Mr. Roesler, seconded by Mr. Smith, to approve adoption of the resolution to increase recording fees to $8.00 with the additional funds being set aside for the purpose of computerizing Town records as presented. VOTE: unanimous (4-0); motion carried. 4a) UPDATE ON PSB DECISION re: VELCO Mr. Bohne reported a portion of the VELCO transmission line along Bostwick Road to Harbor Road was left out of the PSB decision. The PSB rejected the town’s request to underground an additional 1,800’ of line in the area. The town argued there was inadequate investigation of McCabe’s Brook. VELCO must file for the investigation by 8/15/07 and the Town will be strategizing a process for the next few weeks. Comments must be filed by 8/29/07. There is potential impact to Harbor Crossing and Meach Cove pending the PSB ruling. One issue regarding McCabe’s Brook is an acute angle at the top of the hill by Limerick Road. The angle sets up a view corridor with the Ticonderoga. The PSB said the routes will have to be modified if used. 5. CONSIDER REPORT FROM BILL HOADLEY AND LISA GODFREY REGARDING STATUS OF SUPPLEMENTARY ENVIRONMENTAL PROJECT (SEP) FUNDED BY THE TOWN OF SHELBURNE Marty Illick, LaPlatte River Partnership, explained Phase I and Phase II of the Supplementary Environmental Project. Copies of the Geomorphic Report were given to the Board for review. Ms. Illick stated there are two sets of data that included water sampling information and measurements of the physical river corridor. The two sets of data will be merged. Lisa Godfrey explained the stream study process was done in a standardized methodology so that data could be compared across watersheds statewide. Phase III of the project involves hydrologic alterations in the watershed and restoration. Impervious surfaces need further discussion. Next steps are storm water mapping and stream bed alterations in future projections. Bill Hoadley explained phosphorous counts in ratio to solids relative to Shelburne Bay water quality. Ortho-photos of the bay show a plume of silt coming from the mouth of the LaPlatte River. 6. CONSIDER REQUEST FROM THE LAPLATTE RIVER PARTNERSHIP TO FUND A SEP IN THE AMOUNT OF $8,476 TO SUPPORT THE VOLUNTEER WATER QUALITY MONITORING IN THE LAPLATTE RIVER AND MUNROE BROOK WATERSHEDS Mr. Hoadley stated data from the LaPlatte River and Munroe Brook will be important in understanding pollution point sources from South Burlington and storm water discharges. MOTION by Ms. McKnight, seconded by Mr. Roesler, that the Selectboard approve the amount of $8,476 to fund a Supplementary Environmental Project to support the volunteer water quality monitoring in the LaPlatte River and Munroe Brook watersheds as presented. VOTE: unanimous (4-0); motion carried. Mr. Hoadley explained a weir can be installed in one of the Munroe Brook culverts to monitor flows. At times of high flows after a rain sampling shows an increase in phosphorous from Falls Road to the bay. As water flows over flat land phosphorous tends to settle out. 7. CONSIDER APPOINTMENT OF LEE ANN PODRUCH TO A THREE YEAR TERM ON THE PIERSON LIBRARY BOARD OF TRUSTEES MOTION by Mr. Roesler, seconded by Ms. McKnight, to appoint Lee Ann Podruch to a three-year term to the Pierson Library Board of Trustees. VOTE: unanimous (4-0); motion carried. 8. DISCUSSION OF CONTINUED TENANCY OF THE PIERSON BUILDING BY THE SHELBURNE ART CENTER Judy Raven, Executive Director of the Shelburne Art Center, commented it is common practice for a town to support the arts. The rent increase to $12,000 is a big leap for an organization that fund raises $100,000 per year. Ms. Raven asked for time to allow the Art Center to do a business plan and negotiate a lesser fee with the Selectboard. Doug Schneible, Shelburne Art Council, explained that he held two exhibitions at the Shelburne Art Center, one of which was the “Treasures of Asia” exhibit. Mr. Schneible asked the Selectboard to explore alternatives to raising the rent on the Pierson Building from $500 per year to $12,000. The increase is not unreasonable from a business point of view for the Town, but represents a 12 percent increase for Shelburne Art Center. It is understood that the building needs maintenance. There are benefits to the town to have the Art Center located in the building. With the development of exhibits there is extensive advertising statewide. The exhibits bring in large crowds from around Chittenden County and generate up to $50,000 in the local economy. An audience member gave a letter to the Board signed by 20 residents in support of the Shelburne Art Center. Lucy Blanton, resident, stated the Shelburne Art Center is an attraction and a good use of a lovely building. Steven Selin, architect, resident and Shelburne Art Center Board member, said that the Craft School/Art Center sets a tone for Shelburne. The Selectboard should consider putting the rent increase of $12,000 up for a town wide vote and determining what the town is willing to do to support the Art Center. The Pierson Building is a prominent building and should be occupied. The Art Center is not an endowed organization. The programs are not self-funded. Angelica McClellan, Shelburne resident, spoke in support of the Art Center as well as a variety of venues in town (Shelburne Museum, Shelburne Inn, Shelburne Farms). The Art Center makes for a fabulous balance in the town. Dick Kuklis, resident, stated the Art Center is important to his family. The $11,500 increase in rent is an investment that brings social/economical benefits to the town. Linda Fishell said that the Art Center acts as a Chamber of Commerce. People come in with questions about places in town to stay or dine. Gail Albert, resident, stated she was the chair of the committee that considered re-uses of the former library building. The Crafts School was founded by Reverend Smith to serve young boys. It is a valuable asset to the children of the town. There should be a way to negotiate the rent for the Art Center. Mr. Talley explained the $500 per year lease was structured to help the Craft School get on their feet five years ago. Mr. Roesler pointed out the $12,000 rent amount does not represent current commercial rates (the amount equates to $0.22 per square foot). The Selectboard is the steward of the town and must be fiscally responsible. The Pierson Building needs a new roof and furnace as well as other maintenance. Regular maintenance is included in the lease agreement for heat, lights, electricity, and cleaning, but to ask the Art Center to undertake additional maintenance is not in the agreement. Mr. Roesler said he wants to be supportive. The Selectboard is proposing rent at less than half the commercial rate. Time needed for a capital fund drive is acknowledged. Ms. McKnight calculated the increase equals $1,000 per month, which is a reasonable rent. Some quality village space rents for $17.00 per square foot versus $0.22 per square foot. The Shelburne Art Center is a great place. The Gallery is a different part of the entity. The Selectboard has to address accountability to the town overall. The thought was in terms of non-profits and not charging commercial rent. The Board has not seen an income statement from the Art Center. In 2006, the Art Center made $10,000 leasing space to others and making a profit from selling art. Mr. Selin replied the Center incurs a loss. It costs money to hold events. There is overhead to pay and personnel costs are high. Ms. McKnight noted that the loss was $5,200 overall. The Pierson Building is a premium space in the Village. Ken Albert, resident, stated that many towns and cities pay in support of an art institution and the organization pays personnel costs. The Art Center is a venerable town institution. Mr. Albert urged the Selectboard to not push the Art Center into a crisis, but to negotiate one-on-one in private versus in a public meeting. Mr. Talley observed offering rent of prime space at 60 percent below market value is supportive. Mr. Albert agreed the price is a bargain, but the issue is fairness to the taxpayer is. The greater problem is whether the higher rent is to kick the Art Center out of the prime space. Mr. Roesler stated the Art Center has not brought a counter offer to the Selectboard. The Board is not “kicking out” the Art Center. Ms. McKnight pointed out the Selectboard offered a new long term lease at less than 50 percent of fair market value (FMV), which is a subsidy for the next five years. The Selectboard researched FMV for the space. Shelburne is not Burlington, which has the tax base to support the arts. Janet Ballantyne, resident, stated Burlington City Arts gives the Firehouse Gallery free space plus $100,000. People come to (the Shelburne Art Center) because it is wonderful space. More people go to art centers and museums than to sports events. Look at it as a way to build community. A compromise may be to move toward $12,000, but not in one step. Mr. Selin confirmed the belief that the town is being generous to the Art Center, but urged the Board not to compare the Art Center to a commercial venture like Redstone. Mr. Talley reiterated the Town charged $500 for rent for the last five years, and spent money on the building. Other expenses covered by the town include insurance. David Sokol, resident, observed there is agreement that the arts are important. People need to talk to each other. Mr. Sokol said the town committee on which he serves distributes charitable funds in town and it was learned that Shelburne is behind other towns even though funding increased from $7,000 to $17,000. Mr. Talley pointed out the Board must take action in public. The Art Center can request a cash donation from the town, but the donation must be in the town’s budgetary process. Heather Thomas, resident, stated she attended the Art Center as a student, and returned to Shelburne after college because the town cares about the arts. The Shelburne Art Center Board waited for an invitation to talk to the Selectboard. The amount of the increase was a shock when it was received one week ago. Now is a good time to have a dialog. 9. CONSIDER APPROVAL OF GRANTING DEVELOPMENT RIGHTS AND CONSERVATION RESTRICTIONS TO THE NATURE CONSERVANCY ON THREE PARCELS OF LAND AND APPROVAL OF AN ECOLOGICAL MANAGEMENT PLAN Mr. Bohne reviewed the proposal of a Grant of Development Rights and Conservation Restrictions and the Ecological Management Plan between the Town of Shelburne and The Nature Conservancy (TNC). The Baseline Documentation Report (Page 2) is missing. Staff recommends the Selectboard approve the draft document subject to completion of the Baseline Documentation Report. MOTION by Mr. Roesler, seconded Ms. McKnight, to approve the Grant of Development Rights and Conservation Restrictions to The Nature Conservancy on three parcels of land between the Town of Shelburne and The Nature Conservancy, subject to acceptance of the Baseline Documentation Report through Shelburne’s agent, the Town Manager. DISCUSSION: Mr. Bohne briefly reviewed that the three parcels include a 23-acre LaPlatte River floodplain forest, the LaPlatte River Nature Park, and the Blodgett fields. TNC discovered that the Hayes property development rights were owned by the Vermont Housing and Conservation Board. A survey of the LaPlatte River Nature Park and Blodgett Field needs to be done. FRIENDLY AMENDMENT by Mr. Roesler, seconded by Ms. McKnight, to add: “and subject to completion of a survey of the Blodgett Field and LaPlatte River Nature Park”. DISCUSSION: Gail Albert, Shelburne Natural Resources Committee, said SNRC has not reviewed a final draft of the proposed Grant of Development Rights and Conservation Restrictions document and therefore does not know if any of the SNRC recommendations are incorporated. SNRC concerns are more related to ecological impacts. Ms. McKnight stated concern about how TNC would be held to the services discussed since the document language has been negotiated. The current document contains more mutuality regarding enforcement of rights. If TNC goes bankrupt or ceases to exist, the Lake Champlain Land Trust is designated as the assignee. Mr. Talley stated biking on existing trails should remain in the document as an allowed use. Mr. Bohne noted snowmobile use of the property is not an allowed use. Mr. Roesler read language in the proposed document saying “…biking on existing trails…” If TNC develops new trails then those new trails will not include biking use. Mr. Bohne said if biking becomes destructive to the trails then TNC will enforce the right to protect the area. Ms. Albert said SNRC did not recommend large signage, which might encourage more biking. Ms. McKnight asked for clarification regarding the proposed Ecological Management Plan process. Mr. Bohne replied that copies of the current Ecological Management Plan have been e-mailed to the Board. Mr. Roesler said the Board gave the Town Manager the authority to accept the EMP. Mr. Bohne said staff will encourage the Board to adopt the EMP and SNRC can review/amend the plan later. The Town wants SNRC input. Ms. McKnight suggested delaying action until SNRC can review the document. VOTE: unanimous (4-0); motion carried. 10. DISCUSSION OF AMENDING ORDINANCE TO ESTABLISH A CHARGE ON NEW USERS OF SEWER CAPAPCITY Mr. Bohne reported language changes to the Sewer Allocation Ordinance brings consistency to the format. There was brief discussion of Section 4 (Time of Payment) and Section 8. First Reading of the Ordinance Amendment was scheduled for the next Board meeting. 11. CONSIDER SEWER ALLOCATION REQUEST FROM SHELBURNE VINEYARD, LLC, FOR 456 GALLONS PER DAY FOR NEW WINERY AT 6308 SHELBURNE ROAD Mr. Bohne explained Shelburne Vineyard, LLC originally requested 1,372 gpd of sewer allocation, which the Board granted. The Vineyard researched and submitted a letter from an expert noting that an allocation of 456 gpd would be sufficient. Ken Albert said that 456 gpd should be enough capacity to clean the winery according to the professional expert who was consulted. MOTION by Mr. Roesler, seconded by Ms. McKnight, to approve the request by Shelburne Vineyard, LLC, for 456 gpd sewer allocation for a new winery at 6308 Shelburne Road, and that the sewer allocation of 1,372 gpd will be returned to the Town of Shelburne. VOTE: unanimous (4-0); motion carried. 12. CONSIDER SETTING INTEREST RATE CHARGED FOR DELINQUENT WATER, SEWER, AND PROPERTY TAX ACCOUNTS It was noted the Board sets the rates for water, sewer, and property taxes. The interest rate is 1.5% with the first month waived. There was discussion of the interest rate. Ms. McKnight felt 1.5 percent is too high (annual rate of 18%). Ms. McKnight spoke in support of a 10% or 12% annual rate. Mr. Frankenburg noted that delinquent accounts have a 30 day grace period. Mr. Roesler stated per the charter the Board can waive the penalty, but not the interest. MOTION by Mr. Smith, seconded by Mr. Roesler, to set the interest rate for property taxes at 1.5 percent after the first 30 days in arrears. VOTE: 3 ayes, 1 nay (Ms. McKnight); motion carried. 13. CONSIDER APPROVING MNUTES OF 6/12/07 MOTION by Mr. Smith, seconded by Ms. McKnight, to approve the minutes of 6/12/07 with the following correction: Page 3, 1st paragraph, 6th sentence - change to read: “The project is expected to begin 8/1/07 and be completed by 10/1/07.” VOTE: unanimous (4-0); motion carried. 14. MANAGER’S REPORT Mr. Bohne reported on the following items:
15. MEMBERS CONCERNS Ms. Smith said he received a suggestion from a citizen regarding the Route 7/Harbor Road study and conclusions. Ms. McKnight expressed concern about dogs at Shelburne Bay Park. Town employees are cleaning up after the dogs, which is something dog owners should be doing. Also, the Town Manager submitted a Letter to the Editor of the Shelburne News regarding dogs running free at the park. Signage should be posted referencing the new dog ordinance. Mr. Bohne said the issue was discussed with the Police Chief. Dog owners will receive a “first contact” notice, then an enforcement letter for further offenses. Only one person expressed a need for a dog park in Shelburne. Mr. Talley reported CCTA sent a report on bus usage in Shelburne (copies will be emailed). Water quality testing at the beach has started. Year end budget status shows possible modest surplus. It was suggested to reduce the number of Board meetings for the summer (next meeting is 7/10/07). 16. ADJOURNMENT MOTION by Mr. Roesler, seconded by Mr. Smith, to adjourn the meeting. VOTE: unanimous (4-0); motion carried. The meeting was adjourned at 10:10 p.m. RScty: K.Furr
January 2007Selectboard 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 Selectboard Meeting Minutes September 2007 Selectboard Meeting Minutes October 2007 Selectboard Meeting Minutes November 2007 Selectboard Meeting Minutes December 2007 Selectboard Meeting Minutes |
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