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September 2008
TOWN OF SHELBURNE SELECTBOARD MEETING SEPTEMBER 9, 2008 MEMBERS PRESENT: Jim Talley, Chairperson; Bill Smith, Tim Pudvar, Robert Roesler. (Absent: Jane McKnight.) ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Dean Pierce, Town Planner; Bernie Gagnon, Public Works Director. OTHERS PRESENT: Steve Antinozzi, Cheryl Roberts, Craig Smith, Phil Carleton, Vicki Carleton, Brian Precourt, Dick Reid, Joan Lenes, Eleanor Richardson, Gwen Webster, Gail Albert, Maria Horn, Colleen Pelkey, Sean MacFaden, Danielle Frawley (Shelburne News), and others. 6:00 p.m.: Executive Session – Personnel and Real Estate Matters The Board met in Executive Session prior to the regular meeting. MOTION by Mr. Smith, seconded by Mr. Roesler, to adjourn Executive Session. VOTE: unanimous (4-0); motion carried. Executive Session was adjourned at 7:08 p.m. 1. CALL TO ORDER (regular meeting) Mr. Talley, Chairperson, called the regular meeting to order at 7:09 p.m. 2. APPROVAL OF AGENDA Add: Item 9.a – Consider approval of three easements for Fairpoint Communications on Harbor Road. 3. CITIZEN PARTICIPATION Proposed Zoning Amendments and Shelburnewood Mr. Roesler recused himself from the discussion due to a conflict of interest. Joan Lenes read an e-mail from Maria Horn on the Board of Civil Authority regarding concerns related to the proposed zoning bylaws review procedure and timeline for adoption. Delay of the review and adoption of the zoning bylaws will impact the proposed Green Mountain Development and Shelburnewood Mobile Home Park permitting process. If the zoning related to the Village Center District is delayed then people could be displaced from their Shelburnewood homes. Affordable housing and mass transit services are essential to a vital village. Craig Smith, Pastor at Trinity Church, spoke in support of the Green Mountain Development, stressing it is imperative that the town adopt the Village Center portion of the bylaws by the end of October, 2008. Mr. Smith asked about the possibility of interim bylaws being enacted. Jim Talley stated the current bylaws are still in effect. The town is not “between” old and new bylaws. Dean Pierce clarified that the town could enact interim bylaws even with the current bylaws still in effect. Interim zoning of certain articles would be considered an “update” of those portions of the current bylaws. Vicki Carleton, President of Shelburnewood Association, asked what could be done to save the residences of Shelburnewood. The option to purchase expires July, 2009, but answers are needed by October, 2008 in order to apply for permits. Paul Bohne noted there are significant penalties if the option to purchase the mobile home park is not exercised. Jim Talley stated the bylaws have been reviewed by the Selectboard and the public. Board comments have been compiled on the bylaws except for Articles XIV-XXI which are in process. Feedback on Articles I-VIII has been forwarded to the Town Planner and the Planning Commission. Articles IX-XIII have been distributed to the Board. Paul Bohne stated the Planning Commission may discuss and review the proposed Articles I-VIII and XIX at the Planning Commission meeting on Thursday, 09/11/2008 and forward formal comments to the Select board. The Town Planner has completed language revisions for Articles I-VIII and the Planning Commission has made comment. Bill Smith observed Articles VIII and XIX could be pulled out for review and action, but there is concern that something might be missed because all sections are interlocking. It might be better to have the entire package for review and adoption. Mr. Pierce said if the Board made a decision to pull Articles VIII and XIX for review first, then the Planning Commission could present their comments to the Board for a hearing. Bill Smith said he could support pulling the two articles as long as the end product is not compressed by moving too fast. There was further discussion of the pros and cons of pulling the two articles for Board consideration versus a hearing on all 21 articles. Ms. Carleton questioned how many of the articles pertained to people losing their homes and again asked the Board for help on this matter. Mr. Talley emphasized the Board is not unsympathetic to the situation and is trying to help. Eleanor Richardson, Shelburnewood, asked about the Planning Commission, DRB and Selectboard holding joint meetings to speed up the process. Ms. Richardson said she has lived in the park for nearly 19 years and there is uncertainty where to go if their home is lost. The Green Mountain Development plan is a beautiful plan. Ms. Richardson suggested a round table discussion with the involved groups would be more productive. Mr. Talley confirmed members of the Planning Commission have attended Selectboard meetings and heard the comments and feedback. Regarding viewing the development plans, the rules need to be established first. Maria Horn asked for clarification of when the Board will hold a hearing on Articles VIII and XIX. Mr. Talley stated the Board has not reviewed the revised Article VIII and comments on Article XIX are being tabulated. Bill Smith suggested considering Articles VIII and XIX at the next Board meeting. Mr. Bohne suggested the Board urge the Planning Commission to consider comments and new language for Articles VIII and I-VII at the next Planning Commission meeting, and review the remaining articles at a future meeting. Mr. Talley said he will separate the feedback on Article XIX from the rest of the feedback on the other articles for Planning Commission review. The Selectboard will meet on 09/23/2008 and 10/28/2008. A public hearing can be warned for 10/28/2008 and a vote taken. Sean MacFaden, Shelburne resident, stated the Green Mountain Development plan is before the Planning Commission, and asked if the Planning Commission will review the plan under the revised or current zoning. It was noted the DRB will determine when the plan is heard. Spot zoning is a concern. Adoption of the bylaws needs to be done in an orderly legal manner. Gwen Webster, Shelburne resident, suggested the Village Core Overlay, Article 16, be considered in conjunction with the Village Center. Gail Albert, Shelburne resident, asked that revised and current article language be available on the town website for public review. Brian Precourt, Shelburne resident, asked if adoption of the two articles under discussion will become the new zoning. Dean Pierce explained adoption of the two articles could be a part of the current zoning bylaws or as a proposed new overlay zone that fits the Village Center area. Revised language of Articles VIII and XIX will be treated as an update. Dean Pierce will communicate the Selectboard’s instructions to the Planning Commission to formally review the comment summary and Articles XIX and XVI as soon as possible. Mr. Talley suggested Article XXI be added as well. There were no further comments. Mr. Roesler rejoined the Selectboard. 4. CONSIDER AWARDING CONTRACT TO ISLAND EXCAVATING IN THE AMOUNT OF $325,000 FOR CONSTRCUTION OF THE HARBOR ROAD BRIDGE Mr. Bohne reported the bids received for construction of the Harbor Road Bridge were above the budgeted amount. Staff explored ways to make up the shortfall. Bernie Gagnon, Public Works Director, stated the budget of $200,000 is based on an estimate by Civil Engineering Associates done last March. The memo, dated 09/04/2008, outlines options and potential funding sources to cover the shortfall of $51,000. Bill Smith asked about possibly scaling back the project. Mr. Gagnon stated the historic bridge stonework cannot be taken out and the cost for the eight foot wide walkway is not known. It is recommended to keep the walkway which would be a connection from the village down Harbor Road to Shelburne Farms. Mr. Talley spoke in favor of using the unspent VELCO settlement money and delaying the Harbor Road storm drain capital project. The bridge should be constructed and the budget issues can be worked out over the next 10 months. MOTION by Mr. Smith, seconded by Mr. Pudvar, to award the contract to Island Excavating in the amount of $325,000 for construction of the Harbor Road Bridge. DISCUSSION: Dick Reid, Harbor Crossing resident, read a statement regarding concerns of the Harbor Crossing boundary location as shown on the Harbor Road bridge construction drawing. The drawing is inaccurate with regard to the boundary location. The Harbor Crossing Association asked to meet with the Town to discuss the matter, and requests the vote on the contract be delayed until the situation is resolved. Mr. Bohne reported staff met with Mr. Reid. Harbor Crossing Association has not asked staff to look into the boundary issue. Staff feels the location is as surveyed and drawn by Civil Engineering Associates. CEA was asked to confirm the boundaries and confirmed the lines as drawn. Harbor Road is a four-rod road. Formal evidence from Harbor Crossing Association is needed. Tim Pudvar asked if the bridge placement will change. Mr. Gagnon stated the bridge will be in the same footprint. The water line on the south side of the bridge will be relocated within the town right-of-way in the four rod road. Any water control during construction will also be within the four-rod road right-of-way. Paul Bohne noted there may have been discrepancies in the past (Derrick Webb deeded five feet of town right-of-way on the north side to Green Mountain Power for an easement), but these have been corrected. Dick Reid pointed out the 1982 Harbor Crossing boundary and the line that VELCO and the Town used are not the same. It is suggested a survey be done of the four-rod road and new iron stakes at the corners be posted if the true property line is 11’ from the edge of the road. Mr. Roesler stated the town recognizes Harbor Road as a four rod road and per the law the Harbor Crossing boundary is as shown on the plans. VOTE: unanimous (4-0); motion carried. 5. DISCUSSION OF REVISED LANGUAGE FOR ARTICLE III OF THE PROPOSED AMENDMENTS TO THE SHELBURNE ZONING BYLAWS AND DISCUSSION OF THE PROCESS FOR REVISING ARTICLES There was discussion of the review process that includes revisions drafted by the Town Planner and reviewed by the Selectboard, Planning Commission and the public. A “red line” version of the working document will be posted on the town website for public review. The Board will schedule a public hearing once the language is finalized. 6. CONSIDER AMENDING THE GRAND LIST BY APPROVING THE REDUCTION OF THE VALUE OF PROPERTY OWNED BY API PROPERTIES, INC. FROM THE PRESENT VALUE OF $2,332,500 TO $1,040,400 Mr. Bohne reviewed the memo from David Martin, Town Assessor, dated 09/03/2008, regarding clarification of approved building lots for API Properties, Inc. by the DRB. MOTION by Mr. Roesler, seconded by Mr. Smith, to amend the Grand List by approving the reduction of the value of the property owned by API Properties, Inc. from the present value of $2,332,500 to $1,040,400 based on recommendations from the Town Assessor. DISCUSSION: Mr. Talley asked about the value associated with the 68 acres to go to UVM. The memo indicates another 33 acres is undevelopable. Dean Pierce explained the DRB is not comfortable approving lots due to the municipal boundary dispute with St. George. Therefore, a lower land value is recommended for lots 1, 2, and 3 as undevelopable. Paul Bohne suggested deferring action to allow staff to get further clarification on the matter. VOTE: Prior to a vote Mr. Roesler and Mr. Smith withdrew the motion. 7. CONSIDER APPOINTING STEVE STITZEL AS THE SHELBURNE TOWN AGENT MOTION by Mr. Pudvar, seconded by Mr. Roesler, to appoint Steve Stitzel as the Shelburne Town Agent. VOTE: unanimous (4-0); motion carried. 8. OVERVIEW OF YEAR END RESULTS OF THE FY2008 GENERAL FUND BUDGET Peter Frankenburg, Shelburne Financial Officer, gave a presentation on FY07/08 budget revenues and expenses. 9. CONSIDER GRANTING RELIEF FROM PENALTY IN THE AMOUNT OF $167.70 AND INTEREST IN THE AMOUNT OF $707.12 FOR LATE PAYMENT OF THE SEWER ACCOUNT OF EDWARD AND COLLEEN MYERS OF 126 HEDGEROW DRIVE Mr. Smith recused himself due to a conflict of interest. MOTION by Mr. Roesler, seconded by Mr. Pudvar, to waive the sewer account bill penalty for Edward and Colleen Myers, 126 Hedgerow Drive, in the amount of $167.70 in its entirety. VOTE: unanimous (3-0); motion carried. MOTION by Mr. Roesler, seconded by Mr. Pudvar, to reduce the sewer account interest of $707.12 to $350.00 and waive the interest that will accrue as long as the account is brought current within four months. VOTE: unanimous (3-0); motion carried. Mr. Smith rejoined the Selectboard. 9.a FAIRPOINT COMMUNICATIONS EASEMENTS ON HARBOR ROAD Mr. Bohne reviewed the plan to bury miscellaneous utility lines near the VELCO Harbor Road substation. Guy lines to the VELCO poles will need to be relocated, but not the poles. MOTION by Mr. Roesler, seconded by Mr. Pudvar, to authorize the Town Manager to sign three easements for guy line relocation at Davis Park and two Sewer Plant easements for Fairpoint Communications. VOTE: unanimous (4-0); motion carried. 10. CONSIDER APPROVING MINUTES OF AUGUST 26, 2008 MOTION by Mr. Roesler, seconded by Mr. Smith, to approve the minutes of 08/26/2008 as written. VOTE: unanimous (4-0); motion carried. 11. MANAGER’S REPORT Mr. Bohne reported on the following items:
12. MEMBERS CONCERNS Mr. Roesler and Mr. Smith announced they will be out of town for the employee BBQ event. Mr. Talley reviewed the interesting idea proposed by Sandy Jacobs as outlined in the Board packet, noting a cost model using a small sample of people could be done. The idea may benefit people who do not have an escrow account for property tax payments. Mr. Frankenburg will research the process and report to the Board. 13. ADJOURNMENT MOTION by Mr. Pudvar, seconded by Mr. Smith, to adjourn the meeting. VOTE: unanimous (4-0); motion carried. The meeting was adjourned at 9:35 p.m. RScty: KFurr
SELECTBOARDMINUTES OF MEETINGSEPTEMBER 23, 2008 MEMBERS PRESENT: Jim Talley (Chairperson); Bill Smith, Tim Pudvar, Robert Roesler, Jane McKnight. ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Dean Pierce, Town Planner; Bernie Gagnon, Public Works Director. OTHERS PRESENT: Craig Smith, Phil Carleton, Vicki Carleton, Joan Lenes, Eleanor Richardson, Raymond Richardson, James Kaiser, John Giebink, Corey Beach, Gary von Stange, Abby Miller, Joyce Errecart, Bob Ryder, Richard Williams, David Webster, Jim Dudley, Dorothea Penar, Denny Bowen, Barbara Bowen, Rebecca Moore, David Hedden, Terry McKnight, Tina Kurrelmeyer, Ann Hogan, Colleen Haag, Cheryl Roberts, Charlie Brush, David Webster, Kay Kraushaar, Joannah Ralston, Matt Wormser, Jim Limanek, JoAnne Limanek, Rob Donahue, Rosalyn Graham, Danielle Frawley (Shelburne News), and others. 6:30 p.m.: Executive Session – Litigation Matters MOTION by Mr. Roesler, seconded by Mr. Smith, to go into Executive Session at 6:37 p.m. to discuss litigation. VOTE: unanimous (5-0); motion carried. 1. CALL TO ORDER (regular meeting) Mr. Talley, Chairperson, called the regular meeting to order at 7:25 p.m. 2. APPROVAL OF AGENDA Postponed: Agenda Item #6 - Consider Reimbursement of Costs Incurred by Marcel Beaudin. 3. CITIZEN PARTICIPATION None. 4. CONSIDER FINAL LANGUAGE OF ARTICLES I-VIII, XVI, XIX, AND XXI AND WARNING A PUBLIC HEARING ON THESE ARTICLES FOR OCTOBER 28, 2008 Mr. Bohne explained the procedural process for warning a public meeting on the proposed articles in the zoning bylaws. For consideration of Article VIII the Board must be confident that all cross references are in place and noted. A special Selectboard meeting may be necessary to approve the document. As an alternative, the Board could create an overlay district to allow certain rules for re-development that would include the Shelburne Shopping Center, Shelburnewood and other areas. There was lengthy discussion about doing a build-out analysis, Green Mountain Development Group visualization looking east from Route 7 relative to housing types, maximum units, and such, a possible model showing mass of buildings, size and modeling in 3-D format (using basic assumptions with potential zoning regulations), and Board concerns regarding the late timing for alternative approaches. Ms. McKnight expressed concern about adopting the regulations piecemeal. The zoning adoption process is interactive to bring equity. Comments from the Planning Commission regarding Board changes or requests for clarification are confusing. Mr. Talley clarified the Planning Commission reviewed most of the comments on Article VIII, but elected not to make many of the changes suggested by the Selectboard. The Selectboard can rewrite language. The role of the Planning Commission is advisory. There must be a public hearing on the final product. Mr. Talley asked if the vision for a new overlay zone be temporary, and questioned if this constitutes ‘spot zoning’. There was discussion of the memo from the Town Attorney, Joe McLean, that an overlay district is not spot zoning if applied to the entire village. There is concern the entire article will still need to be reviewed. Staff was directed to clarify the changes between the existing bylaws and the proposed bylaws. Mr. Roesler recused himself from the discussion and joined the audience. Ms. McKnight did not speak in support of overlay districts and suggested reviewing Article VIII with building height, density, affordable housing in mind. Ms. McKnight noted the numbers in Article VIII are not proposed in any other article. Mr. Talley noted some of the driving issues with Article VIII include a land requirement for dwelling units. The Board must go through the full article. In the Village Center District a single family dwelling will need 10,000 square feet of land area (one-quarter acre), 15,000 square feet for a duplex, and 75,000 square feet for a multi-unit apartment building. Elderly housing requires 3,500 square feet per dwelling unit. The housing is still affordable, but why the bias for elderly housing versus a starter home for a young family, questioned Mr. Talley, adding density numbers are skewed to meet the need of one segment of the population versus the broad population. Ms. McKnight pointed out the memo on Article VIII mentioned the need for starter homes. Mr. Smith stated discussion of the Mixed Use District could take months. Mr. Talley pointed out that timing is a problem for several dozen families Gary von Stange, Shelburne Planning Commission, urged the Selectboard to review the memo from the Town Attorney and court findings on spot zoning and court findings. The Secretary of State’s website also has discussion on spot zoning. Staff will follow up on Board questions on the overlay district and spot zoning. Dean Pierce noted the overlay zone as proposed could overlay many districts. The Shelburne Inn, for example, is in the Village Core District; Village Overlay Core District, and the Historical Preservation District. Ms. McKnight said the Board needs more information on a build-out analysis and how other towns are handling their development. Ms. McKnight will review the court cases mentioned by Mr. von Stange and summarize findings for the Board. PUBLIC COMMENTS Craig Smith, Trinity Church, stated the Board has accountability to Shelburne with regard to a mandate for affordable housing and the one place this can happen. Not adopting the articles in a timely manner will have a direct impact on Shelburnewood Mobile Home Park and the residents. Terry McKnight, Shelburne resident, said he is not certain an overlay district will change anything. There were 380 units proposed by Green Mountain Development Group. Shelburne has supported affordable housing, but in incremental stages. The Board should discuss the process with the Planning Commission. A good project will come with zoning adopted over time. The mobile home park can be moved. Richard Williams, resident, said he is not aware of any other place that Shelburnewood can be relocated. Rebecca Moore, resident, stated there is a proposal before the town. A project is needed to push the issue. Abby Miller, resident, said the (Shelburnewood) project or one enabled by Article VIII supports the vision of the village per the Town Plan. The development needs to be in town for services, such as bus and sidewalks. Status quo should not be maintained. Mr. Roesler as a member of the audience commented if the Selectboard is concerned about affordable housing, square footage, building height then a special meeting can be scheduled. It is assumed the basis of the overlay district mimics Article VIII. The Board scheduled a special meeting on 10/07/2008 to discuss the overlay district and vote on warning a public hearing. Mr. Roesler rejoined the Board. 5. CONSIDER APPROVING CONCEPTUAL PLANS FOR THE WEBSTER ROAD MULTIUSE PATH, INCLUDING MODIFICATIONS MADE SINCE THE LAST PUBLIC MEETING Bernie Gagnon, Shelburne Public Works Director, reviewed the conceptual plan and explained the design/review and right-of-way process as outlined in the state grant. Dubois & King will prepare a draft right-of-way plan to submit to the state. There are proposed changes to the guardrails (wood versus steel) and to reduce the path width to eight feet in certain sections. A landscape architect was hired to design a plan per negotiations relative to the Koch/Clark property. The path varies in width as follows: 2,250’ will be eight feet wide and 3,100’ will be 10’ wide. Mr. Roesler asked if maintaining the width of the path at eight feet throughout would impact federal and/or state funding. Mr. Gagnon explained the path must be 10’ wide or the state will not pay for the design and may request the funding be returned. There was discussion of the number of trees to be removed on the Wormser property and replaced with new plantings (the property owner requested the location of the new plantings be changed), concern about road crossings on Farmstead Road and other roads, and the suggestion to remove two feet from the top of the ‘dip’ on Webster Road. Mr. Limanek noted there are times with the sun temporarily blinds drivers heading west on Webster Road. There is concern that the removal of trees and widening of the road may cause safety issues due to sun blindness. Mr. Donahue, Shelburne Paths Committee, acknowledged the hard work by staff and collaboration with land owners. The Shelburne Paths Committee requests the Selectboard to vote in support of the conceptual plan for the path. Mr. Bohne showed pictures of the bike path in South Burlington, Williston, and Burlington. Next steps include authorizing staff to proceed with review of the right-of-way plan. The Board has public authorization to bond at that point. A bond application can be submitted next spring. MOTION by Mr. Roesler, seconded by Mr. Pudvar, to approve the conceptual plan for the Webster Road Multiuse Path including modifications, and to pass the plan onto VTrans for next steps. VOTE: unanimous (5-0); motion carried. 6. CONSIDER REIMBURSEMENT OF COSTS INCURRED BY MARCEL BEAUDIN Discussion was postponed. 7. CONSIDER HOOK UP POLICY FOR PROPERTIES ON BAY ROAD TO BE SERVICED BY THE TOWN WASTEWATER SYSTEM WHEN THE BAY ROAD FORCE MAIN PROJECT IS COMPLETE Mr. Bohne reviewed the proposed policy to complete the Bay Road sewer line. Bids on the project are due 10/10/2008. The project will be completed by the end of November. The first repayment bills could go out in February. One property owner with a fairly new mound system has expressed interest in hooking onto the town system. Peter Frankenburg explained the bond will cost approximately $1600 per year per property served by the project over 20 years. The cost may be about $10,000 for a tank and pump and cost to connect. Ms. McKnight suggested there be a procedure for hardship cases. Staff will return with a written proposal. 8. CONSIDER APPROVING CAPITAL EQUIPMENT NOTE WITH CHITTENDEN BANK IN THE AMOUNT OF $14,400 FOR ONE YEAR AT AN INTEREST RATE OF 2.85 PERCENT TO FINANCE THE WATER DEPARTMENT TRUCK MOTION by Mr. Pudvar, seconded by Mr. Roesler, to approve the Capital Equipment note with Chittenden Bank in the amount of $14,400 for one year at an interest rate of 2.85 percent to finance the Water Department truck. VOTE: unanimous (5-0); motion carried. The Board signed the document. 9. CONSIDER APPROVING CAPITAL EQUIPMENT REFUNDING NOTE WITH CHITTENDEN BANK IN THE AMOUNT OF $42,900 FOR ONE YEAR AT AN INTEREST RATE OF 2.85 PERCENT TO FINANCE THE HIGHWAY DEPARTMENT BUCKET LOADER MOTION by Mr. Roesler, seconded by Ms. McKnight, to approve the Capital Equipment Refunding note with Chittenden Bank in the amount of $42,900 for one year at an interest rate of 2.85 percent to finance the Highway Department bucket loader. VOTE: unanimous (5-0); motion carried. 10. CONSIDER APPROVING THE MINUTES OF SEPTEMBER 9, 2008 MOTION by Mr. Smith, seconded by Mr. Roesler, to approve the minutes of 09/09/2008 as written. VOTE: 4 ayes, 1 abstention (Ms. McKnight); motion carried 11. MANAGER’S REPORT Mr. Bohne reported there was an Emergency Services Task Force meeting to discuss the potential of consolidating squads. There was also a Succession Planning meeting. Employees and local businesses are engaged in the discussion. The next Success Planning session is 10/02/2008. 12. MEMBER CONCERNS Ms. McKnight confirmed the Board should bring their comments on the zoning bylaws to the 10/7/08 meeting. Mr. Bohne confirmed that proposed language for a Village Center Overlay District will be posted on A.ANOTATE. 13. ADJOURNMENT MOTION by Mr. Smith, seconded by Mr. Pudvar, to adjourn the meeting. VOTE: unanimous (5-0); motion carried. The meeting was adjourned at 9:45 p.m. RScty: KFurr Accepted, For the Shelburne Selectboard
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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