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February 2008
TOWN OF SHELBURNE SELECTBOARDMINTUES OF MEETINGFEBRUARY 12, 2008 MEMBERS PRESENT: Jim Talley, Chairperson; Robert Roesler, Bill Smith, Chris Boyd, Jane McKnight. ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Dean Pierce, Town Planner; Bernie Gagnon, Public Works Director. OTHERS PRESENT: Rocco Antinozzi, Dorothea Penar, Stephen Mayfield, Deb Mayfield, Robert White, David Webster, Chris Preston (Shelburne News). 1. CALL TO ORDER Mr. Talley, Chairperson, called the meeting to order at 7:03 p.m. 2. CHANGES TO AGENDA Additions: 9a) Highway Mileage Certificate 9b) Grand List Certification (no appeals) 9c) Revolving Loan Fund for Long Meadow Pump Station 3. CITIZEN PARTICIPATION None. 4. PRESENTATION OF FALLS ROAD STREETSCAPE PLAN BY ROBERT WHITE & ASSOCIATES AND CONSIDER ACCEPTANCE OF THE PLAN Mr. Bohne reviewed the proposed update of the Falls Road streetscape plan that includes drainage and topographic studies. There are state historic preservation grant opportunities to help fund the project. Robert White of Robert White and Associates explained the Falls Road survey and underground mapping of utilities, proposed physical changes to the roadway, street tree plantings, lighting, sidewalks, crosswalks, bulb-outs, parking spaces, and speed limit assumptions. There was discussion regarding raised sidewalks, tree species, concerns related to parking in a south bound direction, and the proposed bump-out that eliminates parking at the Country Store. The estimated cost of the project is $380,000. David Webster, Falls Road resident, expressed concern about the proposed sidewalk/walkway location on the east side of his driveway. Mr. White suggested moving the sidewalk by David Webster’s driveway and installing angled parking or locating the sidewalk on the other side of the driveway. There was further discussion of parking. It was suggested diagonal parking versus parallel parking be installed on the west side of the road by the Art Center to gain four parking spaces. The consensus of the Board is to leave the shopping center entrance as is. There was discussion of the placement, number and proposed lighting fixtures (flat or domed) relative to lighting levels (Level 1, Level 2, or Level 3). David Webster suggested less is more, noting there has been a long period in Shelburne history without lighting structures on the street. Ms. McKnight stated lighting has a utilitarian element and it would also be good to bring life to the shopping area. Mr. White explained Level 1 lighting (4 fixtures) is reasonable. Level 2 has 12 fixtures and Level 3 has 32 lights. Dorothea Penar suggested taking a minimalist view that was historically correct with regard to lighting, especially since there have not been lights in the village area before. Mr. Talley explained the Board will give a general broad approval of the proposal so staff can move forward on grant opportunities. Mr. Talley suggested marking the “B” plan with lighting locations and including the cost of the conduits. Ms. Penar stated parking spaces in front of the Pierson Building cut into the amount of green space. Parallel parking allows for more preservation of lawn. Mr. Bohne mentioned there are examples of in-fill construction that pools the use of parking (in Stowe, for instance). Stephen Mayfield, resident, asked if the right turn lane from Falls Road onto Route 7 has been lost. Mr. Bohne explained the space for the turn lane is not a legal turning lane, but is used as such. MOTION by Ms. McKnight, seconded by Mr. Roesler, to accept the Falls Road Streetscape Plan as presented by Robert White and Associates. DISCUSSION: Dean Pierce, Town Planner, noted the Claytons do not object to the divider. The Paths Committee reviewed the plans and is in favor of parallel parking. Mr. Talley suggested submitting both Plans A and B. VOTE: unanimous (5-0); motion carried. Next steps include:
5. CONSIDER AMENDING TOWN OF SHELBURNE PUBLIC WORKS SPECIFICATIONS Mr. Bohne noted the Town of Shelburne Public Works Specifications were last updated in 2002. Bernie Gagnon, Shelburne Public Works Director, explained proposed amendments to assist town planning and assure projects meet town and state standards. MOTION by Mr. Roesler, seconded by Mr. Boyd, to amend the Town of Shelburne Public Works Specifications as per the Public Works Director’s revisions, dated February 2008. DISCUSISON: Mr. Gagnon explained the use of town trucks with cameras to document road condition and layout in relation to the sewer system. The work done during the Route 7 reconstruction project was video taped. VOTE: unanimous (5-0); motion carried. 6. CONSIDER PROVIDING LEGAL SUPPORT FOR PLANNING COMMISSION REGARDING OPPOSITION TO EXPANSION OF THE DORSET FARM’S DEVELOPMENT ON DORSET STREET AT THE TOWN BORDER WITH SOUTH BURLINGTON Mr. Roesler noted a conflict of interest and recused himself from the discussion. Mr. Bohne explained the request to authorize an attorney to review the case and advise the Board. Dean Pierce, Town Planner, gave a brief history of the Dorset Farm development on Dorset Street, a project in which the Town of Shelburne was involved eight years ago. George Faris filed an appeal of the project on behalf of the town at that time. The Board received a copy of the appeal for review. South Burlington has changed the zoning and their town plan language related to the Southeast Quadrant (SEQ). Shelburne’s zoning encourages one unit per five acres in the area while South Burlington allows 1.2 to four units per acre. Other issues include delay and insufficient notice to Shelburne regarding the proposed development of the SEQ and that Steve Stitzel’s law firm represents both South Burlington and Shelburne. If the Selectboard decides to engage an attorney there is a February 20th deadline or the Shelburne Planning Commission can exercise an independent course. Ms. McKnight suggested arguing the conditions of approval for the original subdivision go with the land so once conditions are signed by a developer they cannot simply be changed 10 or 20 years later. Another argument is the lack of equivalent land swap. Mr. Pierce explained the issue is of flexibility versus finality. Changes (technical or regulatory) are not necessarily anticipated. South Burlington changed the zoning in the quadrant with language that “contemplates” densifying the area. Currently, the plan is in sketch plan review. No local permits have been issued. Ms. McKnight asked if the conditions were dedicated by deed and if the town has the right to change a deal. It was noted the land remained in the ownership of the developer. Mr. Pierce pointed out one significant point is the legality of an “official map” as a tool. The SEQ is identified as community open space on South Burlington’s official map (the map designates open land). Some development in South Burlington impacts Shelburne and this must be addressed. The request for legal council by the Planning Commission was further discussed (the town has 10 days to identify an attorney and 10 days to review). Mr. Pierce reiterated Shelburne is a statutory party, but had insufficient notice from South Burlington. The town can request a reasonable amount of time. It was noted the town has not made argument before the Act 250 Commission as yet. MOTION by Ms. McKnight, seconded Mr. Smith, to authorize the Planning Commission to seek legal opinion with respect of the Dorset Farm development on Dorset Street at the town border with South Burlington. DISCUSSION: There was discussion of meeting with South Burlington officials about the situation. Ms. McKnight pointed out in substance a lot of money was invested in administration of the conditions of approval of the original Dorset Street subdivision and changing the conditions now will make the open space agreements meaningless. VOTE: unanimous (4-0); motion carried. Mr. Roesler returned to the Board. 7. CONSIDER ASKING ST. GEORGE SELECTBOARD TO JOIN SHELBURNE IN SEEKING ARBITRATION TO HELP DETERMINE THE OFFICIAL LOCATION OF THE ST. GEORGE/SHELBURNE TOWN LINE Mr. Bohne gave a brief history of the pending subdivision development on the Auclair Farm on Rt. 116. There is dispute over the location of the St. George/Shelburne town line. One surveyor claims a “Charter Line” which locates the boundary line farther west. The developer sold a lot that they contend is in St. George and a house was permitted and built. Research done by the attorney for St. George, Paul Gillies, was inconclusive relative to the location of the charter line. There have been two surveyors who both disagree to the location of the charter line. State statute indicates the parties “…shall submit to arbitration”. Mr. Talley asked if the state will pay for a survey if so recommended. Mr. Bohne stated the cost will be split between the two towns. The state will not be involved. Once the issue reaches arbitration the legislature can be petitioned to pay for a survey post-arbitration. MOTION by Ms. McKnight, seconded by Mr. Boyd, to serve a Demand for Arbitration on the Town of St. George to join Shelburne in seeking arbitration to help determine the official location of the St. George/Shelburne Town Line. VOTE: unanimous (5-0); motion carried. 8. CONSIDER NAMING OLMSTED DRIVE MOTION by Mr. Roesler, seconded by Mr. Boyd, to approve naming the roadway in the Cabot Subdivision as “Olmsted Drive”. VOTE: unanimous (5-0); motion carried. 9. PRESENTATION/DISCUSSION OF THE GENERAL FUND AND WASTEWATER FUND BUDGET STATUS REPORT Peter Frankenburg reviewed a memo that outlined points of the General Fund which is over budget due to property tax prebate payments. There was discussion of the use of salt and sand (Highway Department) and the status of an upgrade to the Town Center telephone system (prudent to coordinate with the CSSU telephone system upgrade for economy of scale). Mr. Frankenburg also reviewed the status of the Wastewater Fund budget. The budget is on track relative to the number of gallons per year. There were some pump failures and outside trucking services were required to move sludge from the Bay Road Sewer Treatment Plant to Plant #2. The Bay Road plant was drained and cleaned. 9.a) HIGHWAY MILEAGE CERTIFICATION MOTION by Mr. Roesler, seconded by Mr. Smith, to approve the Highway Mileage Certificate, dated 2/10/08, for 56.875 miles as presented. VOTE: unanimous (5-0); motion carried. 9.b) GRAND LIST CERTIFICATION – No Appeals MOTION by Mr. Smith, seconded by Mr. Boyd, to certify the Grand List for years 2003 – 2007 inclusive as presented. VOTE: unanimous (5-0); motion carried. 9.c) REVOLVING LOAN FUND – LONGMEADOW PUMP STATION MOTION by Mr. Smith, seconded by Mr. Roesler, to authorize application for a revolving loan in the amount of $205,000 for upgrade of the Longmeadow pump station as presented. VOTE: unanimous (5-0); motion carried. 10. MINUTES January 22, 2008 MOTION by Mr. Roesler, seconded by Mr. Boyd, to approve the Selectboard minutes of 1/22/2008 as written. VOTE: 4 ayes, 1 abstention (Ms. McKnight); motion carried. January 23, 2008 MOTION by Mr. Smith, seconded by Mr. Roesler, to approve the Selectboard minutes of 1/23/2008 as written. VOTE: 4 ayes, 1 abstention (Ms. McKnight); motion carried. 11. MANAGER’S REPORT Mr. Bohne reported on the following items:
12. MEMBER CONCERNS Mr. Talley reported that a letter from Greg Brown, Executive Director of the CCRPC, was received announcing Mr. Brown’s retirement. A CCRPC Search Committee is starting the process of finding Mr. Brown’s replacement. 13. ADJOURNMENT MOTION by Mr. Boyd, seconded by Mr. Roesler, to adjourn the meeting. VOTE: unanimous (5-0); motion carried. The meeting was adjourned at 9:50 p.m. RScty: KFurr Accepted, For the Shelburne Selectboard
TOWN OF SHELBURNE SELECTBOARD MINUTES OF MEETINGFEBRUARY 26, 2008 MEMBERS PRESENT: Jim Talley, Chairperson; Robert Roesler, Bill Smith, Jane McKnight. (Absent: Chris Boyd) ADMINISTRATION: Peter Frankenburg, Financial Officer. OTHERS PRESENT: Steven Antionzzi, Colleen Haag, Lela McCaffrey, Chris Preston (Shelburne News). 1. CALL TO ORDER Mr. Talley, Chairperson, called the meeting to order at 7:08 p.m. 2. CHANGES TO AGENDA Add: Item 5(b) – Approval of revised loan application for the Longmeadow Sewer Pump Station. Item5(c) – Approval of liquor licenses. 3. CITIZEN PARTICIPATION None. 4. PRESENTATION OF FY2007 AUDIT BY LELA McCAFFREY AND CONSIDER ACCEPTING THE REPORT OF THE AUDITOR Lela McCaffrey with Fothergill, Segale and Valley the FY06/07 audit report as printed in the Shelburne Town Report. The Management Letter outlines three recommendations, two of which are in process. There was brief discussion regarding Police Department billing and booking of receivables, Police Department concerns related to confidentiality and public knowledge of the clients being billed, and the benefits for consolidating town cash accounts. Ms. McKnight asked for clarification of the different cash accounts relative to a schedule of funds and rate of return on investments. Colleen Haag stated a report will be forwarded to the Board at the end of March with an accounting of the first quarter. Mr. Smith asked if there is a policy on uninsured deposits (i.e. insurance on investments greater than the FDIC insured limit). Ms. Haag stated the town will secure a certificate of deposit from the Chittenden Bank in the amount that could be collateralized over the FDIC limit. The rate of return is less in those circumstances. The town has certificates of deposit with Edward Jones currently and the investments are at different banks (Citizens Bank, BankNorth, others). Bids are received all the time. On-line banking is done. There was discussion regarding the amount of debt carried by the town (Note 6, Page 35 and Page 38 of the Town Report) which is made up of $5 million in government debt and $5 million in water/sewer debt for an outstanding debt of $10 million. Ms. McCaffrey stated the water/sewer debt is a long term investment in capital improvements. Mr. Talley expressed concern that a high percentage of the sewer bill goes to debt service and the debt will not be retired. There was further discussion of debt. Ms. McCaffrey stated overall debt is not unhealthy for the town. The interest rate on the debt is two percent. MOTION by Mr. Roesler, seconded by Ms. McKnight, to accept the FY07 Audit by Fothergill, Segale and Valley as presented. VOTE: unanimous (4-0); motion carried. 5. CONSIDER NAMING A STREET “PROCTOR KELLY LANE” IN THE KELLYVIEW DEVELOPMENT OFF OF BARSTOW ROAD Mr. Frankenburg pointed out access to the Kellyview development is from Barstow Road. One house (already constructed) will have access from Spear Street. Two other lots will be on Proctor Kelly Lane. The name “Proctor Kelly Lane” was vetted by emergency services and the Post Office. MOTION by Mr. Smith, seconded by Mr. Roesler, to approve naming a street “Proctor Kelly Lane” in the Kellyview Development off of Barstow Road as presented. VOTE: unanimous (4-0); motion carried. 5(b) APPROVE REVISED APPLICATION FOR STATE REVOLVING LOAN FUNDS IN THE AMOUNT OF $224,200 FOR IMPROVEMENTS TO THE LONGMEADOW SEWER PUMP STATION Mr. Frankenburg reported at the last Selectboard meeting the Board approved a loan application for $205,000 which did not include engineering costs of $13,000 or a future expenditure of $7,000. The application was revised from $205,000 to $224,200. MOTION by Mr. Smith, seconded by Mr. Roesler, to modify the application for a state revolving loan fund in the amount of $224,200 for improvements to the Longmeadow Sewer Pump Station. VOTE: unanimous (4-0); motion carried. The Selectboard signed the documents. 5(c) LIQUOR LICENSES MOTION by Mr. Roesler, seconded by Ms. Smith, to approve liquor licenses for the following: Chef Ke’s, Shelburne Supermarket, La Villa, Shelburne Meat Market, Buono Appetitto, Sodexho Vermont (Shelburne Museum), Colonial Deli Mart, PKC LLC (Amandine on the Green), and Shelburne Farms for a Class 1 and Class 2 license. VOTE: unanimous (4-0); motion carried. The Selectboard signed the documents. 6. CONSIDER APPROVING THE MINUTES OF FEBRUARY 12, 2008 MOTION by Mr. Smith, seconded by Mr. Roesler, to approve the minutes of 02/12/2008 as written. VOTE: unanimous (4-0); motion carried. 7. MANAGER’S REPORT Mr. Frankenburg reviewed the March Town Meeting schedule and annual town dinner. The meeting will be broadcast on Channel 17. Staff would like to acknowledge the work and service performed by Chris Boyd. 8. MEMBER CONCERNS Board members thanked Chris Boyd for all his good work and great perspective brought to the Board. 9. ADJOURNMENT MOTION by Ms. McKnight, seconded by Mr. Smith, to adjourn the meeting. VOTE: unanimous (4-0); motion carried. The meeting was adjourned at 7:50 p.m. RScty: KFurr
January 2008Selectboard Meeting Minutes February 2008 Selectboard Meeting Minutes March 2008 Selectboard Meeting Minutes April 2008 Selectboard Meeting Minutes May 2008 Selectboard Meeting Minutes June 2008 Selectboard Meeting Minutes July 2008 Selectboard Meeting Minutes August 2008 Selectboard Meeting Minutes September 2008 Selectboard Meeting Minutes October 2008 Selectboard Meeting Minutes November 2008 Selectboard Meeting Minutes December 2008 Selectboard Meeting Minutes |
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