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minutes

October 2008

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

OCTOBER 7, 2008
MEMBERS PRESENT:       Jim Talley (Chairperson); Bill Smith, Tim Pudvar, Robert Roesler, Jane McKnight.
ADMINISTRATION:           Paul Bohne, Town Manager
OTHERS PRESENT:            James Kaiser, Peter Gibbs, Jeannette O’Neil, Ruth I. Morrow, Genevive H. Ockert, Craig Smith, John Blanchard, Sandra Lawrence, Pat Lawrence, Phil & Vicki Carleton, Maria Horn, Sharon Barton, Abilgail Miller, Bob Ryder, John Giebink, Richard M. Williams, Ted Wimpey, Peter Elias, Joyce Errecart, Gary von Stange, Dick Elkins, Joan Lenes, Dorothea Penar, Steve Stitzel, Town Attorney,  Danielle Frawley (Shelburne News), and others.
 

6:30 p.m.: Executive Session – Litigation
MOTION by Mr. Roesler, seconded by Ms. McKnight, to go into executive session at 6:35 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 7:15 p.m.
 
2.         APPROVAL OF AGENDA
Delete:  Agenda Item #7 – Presentation and Discussion of a Build Out Analysis for the Proposed Village Center.
 
3.         CITIZEN PARTICIPATION
John Blanchard requested that the Board consider adding lawn furniture as allowed under 1980.7.  Mr. Talley informed Mr. Blanchard that the Board had agreed to that.
 
James Washburn said that he objected to Marcel Beaudin receiving any payment for the force main sewer system that he had installed on Bay Road.  He noted that he paid a good price for a lot advertised as being served by Town water and sewer. He read a letter from his neighbor Douglas Schneible regarding the same issue.  He presented the letter to the Board.
 
Brian Precourt expressed concern that delinquent taxpayers who have hardships have to appear in public and air their personal problems.  He asked the Board to find a way to deal with the issue in a less personal manner.  Mr. Precourt said that residents of Shelburne might make donations to resolve issues prior to becoming public.
 
4.         CONSIDER APPROVING THE CONCEPT OF AMENDING THE
            ZONING BYLAWS BY ADDING A VILLAGE OVERLAY DISTRICT
Mr. Talley raised questions involving the concept of an overlay district.  He questioned whether adopting an overlay district would be considered spot zoning, whether the
Page 2 / Shelburne Selectboard / 10/7/08
 
procedure to adopt such a zone should emanate from the Planning Commission and whether Mr. Roesler had a conflict due to his representation of Mrs. Dyer. 
 
Mr. Stitzel presented the Board with a thorough analysis of the issue of procedure, and whether adopting an overlay district constituted substantive change.  Mr. Stitzel’s opinion was that the change was substantive and could originate from the Selectboard and did not have to begin at the Planning Commission.
 
Mr. Stitzel also presented an analysis of whether approving a Village Overlay District would constitute spot zoning.  Mr. Stitzel’s opinion was that such a zone would not constitute spot zoning according to the Vermont Supreme Court.
 
There followed extensive discussion between the Board and members of the public.  Mr. von Stange differed with Mr. Stitzel on both the issue of substantive change and spot zoning.
 
MOTION by Mr. Smith, seconded by Mr. Pudvar, to send the overlay proposal back to the Planning Commission for their consideration at the next meeting, and to propose an amendment relative to the overlay district and, if necessary, hold a public hearing and send the proposed amendment to the Selectboard with a report.  VOTE: unanimous (5-0); motion carried.
 
There was discussion relative to a possible conflict by Mr. Roesler.
 
MOTION by Ms. McKnight, seconded by Mr. Smith, that the last vote be declared null and void. VOTE: unanimous (5-0); motion carried.
 
MOTION by Mr. Smith, seconded by Mr. Pudvar, to send the overlay proposal back to the Planning Commission for their consideration at the next meeting, and to propose an amendment relative to the overlay district and, if necessary, hold a public hearing and send the proposed amendment to the Selectboard with a report.  VOTE: 4 in favor; 0 opposed.  Mr. Roesler abstained.  Motion carried.
 
5.         CONSIDER APPROVING AMENDMENTS TO THE ZONING BYLAWS
SUITABLE FOR WARNING A PUBLIC HEARING INCLUDING ADDING A VILLAGE CENTER OVERLAY DISTRICT AS A NEW SECTION 980 IN ARTICLE IX, AND AMENDING ARTICLE II, XVI, AND ARTICLE XXI AND AMENDING THE ZONING MAP TO INCLUDE THE VILLAGE CENTER OVERLAY AND EXPANDING THE DESIGN REVIEW OVERLAY DISTRICT.
This agenda item was no longer germane due to action on Agenda Item #4.
  
6.         CONSIDER WARNING A PUBLIC HEARING ON THE AMENDMENTS
TO THE SHELBURNE ZONING BYLAWS
This agenda item was no longer germane due to action on Agenda Item #4.
 
7.         PRESENTATION AND DISCUSSION OF A BUILD OUT ANALYSIS FOR
            THE PROPOSED VILLAGE CENTER
This item was deleted under Approval of Agenda.
 
8.         CONSIDER APPROVING THE MINUTES OF SEPTEMBER 23, 2008
MOTION by Mr. Roesler, seconded by Mr. Smith, to approve the minutes of 09/23/2008 as written.  VOTE: unanimous (5-0); motion carried.
 
9.         MANAGER’S REPORT
None.
 
10.       MEMBER CONCERNS
None.
 
11.       ADJOURNMENT
MOTION by Mr. Roesler, seconded by Mr. Pudvar, to adjourn the meeting. VOTE: unanimous (5-0); motion carried.
 
The meeting was adjourned at 9:55 p.m.
 
 
Respectfully submitted,
Paul W. Bohne III
 
 
Accepted,
  
For the Shelburne Selectboard
 
*******************************************************

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

OCTOBER 14, 2008
MEMBERS PRESENT:       Jim Talley (Chairperson); Bill Smith, Tim Pudvar, Robert Roesler, Jane McKnight.
ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer.
OTHERS PRESENT:            Craig Smith, Tom Glaser, Adam Glaser, Ann Hogan, Corey Beach, Sharon Barton, Rick Barton, Jerry Barton, Jim Washburn, Charlie Brush, John Giebink, Sean MacFaden, Robert Lake, Joyce Errecart, Dick Elkins, Steve Antinozzi, Gwen Webster, Danielle Frawley (Shelburne News), and others.
 

6:00 p.m.: Executive Session – Personnel and Litigation Matters
 
1.         CALL TO ORDER (regular meeting)
Mr. Talley, Chairperson, called the regular meeting to order at 7:12 p.m.
 
2.         APPROVAL OF AGENDA
Add: Agenda Item 11.a - Approve Letter of Support for Transportation Action Grant Application.
 
3.         CITIZEN PARTICIPATION
Parking by Ponderosa
Adam Glaser, owner of Burlington Foreign Car Parts, explained a lawsuit situation regarding a long standing agreement that allowed his employees to park their personal cars at the former Ponderosa site. The current owner of the Ponderosa lot, Gregg Beldock, allows Nissan vehicles to park there as well. Mr. Glaser said he is seeking to be excluded from the lawsuit. His employees are not parking new/used cars for sale on the lot. Mr. Bohne explained staff is working to accommodate Mr. Glaser, but he may have to apply to the Development Review Board for a site plan amendment.
 
Sewer Line on Bay Road
Jim Washburn, resident, read a letter regarding the new municipal sewer line on Bay Road. Mr. Washburn stressed neither he nor his neighbor wish to pay again for a sewer line that already exists. Mr. Washburn submitted two letters to the Board.
 
4.         CONSIDER FINAL DEVELOPMENT AND APPROVAL OF HEARING DRAFT LANGUAGE FOR ARTICLES I-IX, XIX, AND XXI OF THE PROPOSED AMENDMENTS TO THE SHELBURNE ZONING BYLAWS
The Selectboard reviewed proposed zoning bylaw revisions related to Articles I-IX as follows:
  • Article I - Agreed with the amended language and addition of Article XVII to the list regarding property owner’s rights.
  • Article II - Agreed with changes related to titles and footnotes. Table II captures dimensional requirements. It was noted the table will need to be updated after finalization of the other articles.
  • Article III, Rural District - the Board agreed with proposed changes related to Sections 3.10.4 and 3.10.6, Accessory Apartments (one bedroom as permitted and two bedrooms as conditional uses), Bed and Breakfast rental (six rooms versus four), and  Section 3.40 related to PUD Residential.
  • Article IV, Residential 1 District - Section 430.1(c) contains a typo to correct (should be “another” versus “an other).
  • Article V, Stormwater and Watershed District - the Board agreed with Article V as written.
  • Article VI, Village Residential - the Board agreed with the proposed addition of rooming houses with no more that three rooms to rent, and the changes to ‘artist’s studios’.
  • Article VII, Accessory Apartments - the Board agreed to the addition of ‘artist’s studios’.
  • Article VIII, Village Center District - Mr. Roesler recused himself from discussion of Article VIII and joined the audience. The Board engaged in lengthy discussion regarding Section 820.5, Elder Care Facilities related to a “…PUD with a maximum 100 residential spaces in a single structure”, language “…equal to 20 dwelling units” as a point of discussion, 100 residents and 80 dwelling units in a single structure versus 100 residential spaces. Jim Talley read a definition of ‘Elder Care Facility’ as a “5:1 housing density calculation”. There are three categories of Elder Housing included in Article VIII. Mr. Talley commented the word “lot” will need a language change to track cleanly. There was further discussion regarding a definition of “Assisted Living”. John Giebink read comments from the Planning Commission and referred to a memo, dated 09/15/2008, which discussed replacing the word “spaces” with “residents”. Ms. McKnight expressed concern about the 5:1 calculation relative to an unknown on the units (how big) and the suggestion to consider “dwelling unit limited to 1,000 square feet”. Craig Smith expressed concern about scale in line with the Town Plan that is affordability. Ms. McKnight suggested a limit of 80 residents.
    • ACTION: the Board determined that the language be left at “100 residents” for discussion at a warned public meeting.
    • ACTION: Following discussion regarding VSSH related to scale (bulk, height and minimum land requirement of a building), the Board determined that the public feedback at a warned public meeting will be followed. Staff will gather information on developments to include square footage of buildings and capacity.
  • Article VIII, Section 830, Dimensional Requirements - the Board discussed minimum lot size for single family and two-family dwellings. Ms. McKnight suggested using a ‘6’ and ‘5’ multiplier which will result in a smaller affordable unit.
    • ACTION: the Board agreed to gather pubic feedback at a warned public meeting using a “6” and “5” multipliers and to look at using “living” space versus “usable” space as well as using “4” as a multiplier for multi-family.
    • ACTION: Following discussion of ESSH, density (leave at 3,500 s.f. for Elder Housing and increasing 1,850 s.f. to at least 2,500s.f.), and concerns related to hidden costs to the town, staff will provide a breakdown of police/rescue calls to Wake Robin and other assisted living developments.
  • Article VIII, Section 830.4, Heights – the Board agreed to leave in suggested language of: “(i.) between 200 and 250’ from Shelburne Road ROW -35 feet, (ii.) between 250’ and 300’ from Shelburne Road ROW -40 feet, (iii.) more than 300’ from Shelburne Road ROW -45 feet”. Mr. Talley’s suggested definition of “height” and how it is measured will be incorporated.
  • Article VIII, Section 841, Mixed Use Density Bonus - Ms. McKnight suggested the most common method for affordable housing is to press affordability on the title perpetually so buyers are qualified through the state. Ms. McKnight said the words “assisted living” should be removed.
    • ACTION: remove the added wording.
  • Article VIII, Section 840.2 – Agreed to replace the word “non-conserved” with “total land areas”. Mr. Talley observed there is no conserved land in the Village Center District.
  • Article VIII, Section 840.1(3) - the Board will allow the Development Review Board to determine how to define the level of energy certification for public meeting purpose. It was suggested to contact Chris Neme or Brian Precourt for further information.
There were no further questions/comments. Mr. Roesler rejoined the Board.
 
5.         CONSIDER APPROVING TOBACCO LICENSE FOR LEIGH’S BARBER SHOP LOCATED IN SHELBURNE SHOPPING PARK
MOTION by Ms. McKnight, seconded by Mr. Pudvar, to approve the tobacco license for Leigh’s Barber Shop located in Shelburne Shopping Park. VOTE: unanimous (5-0); motion carried.
 
6.         CONSIDER AMENDING GRAND LIST BY APPROVING REDUCTION OF VALUE OF PROPERTY OWNED BY API PROPERTIES, INC. ON POND ROAD FROM PRESENT VALUE OF $2,332,500 TO $1,296,200
MOTION by Mr. Roesler, seconded by Ms. McKnight, to approve an amendment to the Grand List for a reduction of the value of property owned by API Properties, Inc., on Pond Road from the present value of $2,332,500 to $1,296,200.
DISCUSSION: There was discussion of Lot 7 which is a 68-acre unbuildable parcel to be donated to UVM and three other lots that are not permitted at this time.
VOTE: unanimous (5-0); motion carried.
 
7.         CONSIDER RESIGNATION OF DENNIS WEBSTER FROM THE SHELBURNE PLANNING COMMISSION
The Selectboard noted Mr. Webster brought expertise to the planning process and was a valuable Planning Commission member. His resignation is a loss for the town.
 
MOTION by Mr. Roesler, seconded by Mr. Pudvar, to accept the Letter of Resignation from Dennis Webster from the Shelburne Planning Commission with reluctance. VOTE: unanimous (5-0); motion carried.
 
8.         CONSIDER AMENDMENT TO THE COMMUNITY DEVELOPMENT GRANT TO OPPORTUNITIES CREDIT UNION BY RE-ALLOCATING $41,400 FROM THE REHABILITATION CATEGORY TO THE ACQUISTION CATEGORY
Mr. Bohne explained the community development grant was sponsored by the Selectboard two years ago for rehabilitation of mobile homes at Shelburnewood Mobile Home Park. Shelburnewood was not able to take advantage of the funding. It is now proposed to use the funds to purchase new mobile homes versus rehabilitation.
 
MOTION by Mr. Smith, seconded by Mr. Roesler, to approve an amendment to the Community Development Grant to Opportunities Credit Union by re-allocating $41,400 from the Rehabilitation Category to the Acquisition Category. VOTE: unanimous (5-0); motion carried.
 
9.         CONSIDER APPROVING HARASSMENT POLICY
Mr. Bohne explained the existing Harassment Policy was weak and has been redrafted by staff. The language has been reviewed by the Town Attorney.
 
MOTION by Mr. Smith, seconded by Mr. Roesler, to approve the draft Harassment Policy as presented.
DISCUSSION: Ms. McKnight expressed concern that the language in the policy might be the cause of lawsuits. Mr. Bohne pointed out that Section D provides time for the town to react in a positive manner. Ms. McKnight suggested Paragraph B have words underlined and bolded to emphasize what is protected.
VOTE: unanimous (5-0); motion carried.
 
10.       CONSIDER WRITING OFF SEWER CHARGE OF $2,460 ON THE ACCOUNT OF MARK BRAULT DUE TO READING ERROR
Mr. Bohne explained Mr. Brault had nothing to do with the erroneous meter reading of 253,570 gallons for a mobile home located on Penny Lane.
 
MOTION by Mr. Roesler, seconded by Mr. Pudvar, to write off a sewer charge of $2,460 on the account of Mark Brault due to a reading error. VOTE: unanimous (5-0); motion carried.
 
11.       CONSIDER WAIVING PENALTY FOR DINA CONSIGLIO FOR LATE PAYMENT OF PROPERTY TAXES IN THE AMOUNT OF $179.89
MOTION by Mr. Roesler, seconded by Mr. Smith, to waive the penalty for Dina Consiglio for late payment of property taxes in the amount of $179.89.
DISCUSSION: Mr. Smith noted there was nothing in the letter from Ms. Consiglio that addresses her situation.
VOTE: 0 ayes, 5 nays (Roesler, Smith, Talley, Pudvar, McKnight); motion did not carry.
 
11a.     APPROVAL OF TRANSPORTATON ACTION GRANT LETTER OF SUPPORT
Mr. Bohne reported a CVU student is seeking a letter of support from the town for a Transportation Action Grant for an alternative transportation study as their Senior Challenge project. Charlotte will be the sponsoring community. The student is investigating the potential to add bike racks to school buses, for example.
 
MOTION by Mr. Roesler, seconded by Mr. Smith, to authorize the Town Manager to write a Letter of Support for a Transportation Action Grant and to sign the letter on behalf of the Town of Shelburne for a Senior Challenge project by the CVU student as presented. VOTE: unanimous (5-0); motion carried.
 
12.       MANAGER’S REPORT
Mr. Bohne reported bids for the Bay Road sewer project ranged from $75,000 to $85,000. One bid was disqualified. Staff is recommending awarding the bid of $82,000. The Town is waiting for a schedule of pre-cast items and moving utility lines at the Harbor Road Bridge project. Property owners impacted by the closure of the road during installation of the culvert will be notified.
 
13.       MEMBERS CONCERNS
None.
 
14.       EXECUTIVE SESSION
None.
 
15.       ADJOURNMENT
MOTION by Mr. Pudvar, seconded by Mr. Smith, to adjourn the meeting. VOTE: unanimous (5-0); motion carried.
 
The meeting was adjourned at 10:02 p.m.
 
RScty: KFurr
 
Accepted,
  
For the Shelburne Selectboard

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

OCTOBER 28, 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.
OTHERS PRESENT:            Kenn Sassorossi, Brian Precourt, John Giebink, Joyce Errecart, Craig Smith, Marc Gamble, Ethan Gagnon, Noah Gamble, Ethan Mick, William Kay, Alex Twombly, Adrian Kelly, Nathan Mills, Susan Mills, Phil Carleton, Vicki Carleton, John Kerr, David Kerr, Jane Kay, Greg Kelly, Peter Twombly, Gail Albert, Jim Washburn, Alec Webb, Chris Davis Marcel Beaudin, Danielle Frawley (Shelburne News), and others.
 

6:30 p.m.: Executive Session – Personnel Matters
 
1.         CALL TO ORDER (regular meeting)
Mr. Talley, Chairperson, called the regular meeting to order at 7:10 p.m.
 
2.         APPROVAL OF AGENDA
There were no changes to the agenda.
 
3.         CITIZEN PARTICIPATION
Mr. Bohne recognized the Shelburne Boy Scout troop. Troop members are working on a Civics Badge. Scout Ethan Mick introduced the scout members.
 
4.         CONSIDER AGREEING TO BE A CONSORTIUM MEMBER OF AN APPLICATION BY WINOOSKI TO DEVELOP 30 APARTMENTS FOR TRANSITIONAL AND PERMANENT USE BY VETERANS
Kenn Sassarossi, Housing Vermont, explained the request for Shelburne to be a consortium member on a grant application through the Vermont Community Development Program.  Winooski as the lead town. There was discussion regarding potential costs to Shelburne. Mr. Sassarossi said any out of pocket costs will be reimbursed by the grant. Administration costs are written into the grant.
 
MOTION by Ms. McKnight, seconded by Mr. Pudvar, to approve the resolution stating the Town of Shelburne will join with the City of Winooski to apply for a grant under the Vermont Community Development Program as a consortium member with the City of Winooski is the lead community to develop 30 apartments for transitional and permanent use by veterans. VOTE: unanimous (5-0); motion carried.
 
 
5.         CONSIDER FINAL DEVELOPMENT AND APPROVAL OF HEARING DRAFT LANGUAGE FOR ARTICLE VIII, IX, XIV, XVI, XIX, and XXI OF THE PROPOSED AMENDMENTS TO THE SHELBURNE ZONING BYLAWS
Mr. Roesler recused himself during discussion of Article VIII and joined the audience. Following the Article VIII discussion Mr. Roesler rejoined the Board. The Selectboard reviewed proposed zoning bylaw revisions related to Articles VIII, IX, XIV, XVI, XIX, and XXI as follows:
  • Articles I – III - the Planning Commission had no changes.
  • Article IV, Conditional Use - there were issues with elder housing relative to minimum lot size requirements. ‘Elder Care Facilities’ was added. The Board discussed Section 420.5, Elder Care Facilities, and the need to be consistent with Article VIII. Article VIII, revised, includes Elder Care. Section 820.5 language should be the same as in Article IV, 420.5. Section 430.1 should be changed to read “per bedroom”.
  • Articles VI and VII are fine as is.
  • Article VIII, Purpose - it was noted that the Planning Commission requested language to “preserve and protect historic structures….” The language was added because of potential conflicts and encompasses the broad Comprehensive Town Plan. The Board suggested the following language “…to preserve and protect the historic structures and patterns as reasonably practical.”
  • Section 830, Elder Care Facilities - should be added.
  • Article VIII, Building Height - Mr. Craig Smith asked for clarification of the effect “weighted heights” will have on creating senior housing in town. Mr. Talley explained a building can be 35’ in height. It is clear from public hearings that a “box” is not consistent with the scale of the village.
  • Article XIV, Neighborhood Overlay District - is fine as is.
  • Article XVI, Village Core Overlay – at some time in the future it needs to be determined if there is a need for a Village Core Overlay.
  • Article XIX, 1930.7, Building Size – this needs to be brought in line with Section 1930.7(b)(1). Reference to Mixed Use needs to be flagged.
  • Article XXI – there is agreement to change “farm produce market” to “roadside farm stand” in the Residential District. In Section 310.8, insert the word “farm”. In Section 2110, Nursing Home - add “skilled nursing”, and “…in a place other than a hospital…” add “and is licensed by the state.”
 
Mr. Talley will forward compiled comments to the Town Planner before the Board meeting on 11/11/08. The Board will review remaining articles on 11/11/08.
 
6.         CONSIDER APPROVAL OF REVISED ZONING AND ZONING OVERLAY MAPS SUPPORTING PROPOSED AMENDMENTS TO THE SHELBURNE ZONING BYLAWS (Incorporating a change to the conservation overlay portion of the zoning overlay map to reflect proper information regarding conservation easements on Shelburne Farms)
Mr. Bohne explained the proposed correction to the existing zoning overlay map relative to the conservation easements portion on Shelburne Farms.
 
Alec Webb, Shelburne Farms, pointed out changes on the overlay map and noted other uses are allowed by the easements in the Breeding Barn complex area. There was discussion of areas under the easement and if two more areas should be carved out of the easement portion. Mr. Pierce will get input from the Planning Commission.
 
7.         CONSIDER APPROVAL OF REQUEST BY THE DEVELOPMENT REVIEW BOARD TO APPLY FOR AN $800 MUNICIPAL EDUCATION GRANT TO PAY FOR A PRESENTATION ON VISUALIZING DENISTY IN SMALL TOWNS AND RURAL AREAS
MOTION by Mr. Roesler, seconded by Mr. Pudvar, to approve the request by the Development Review Board to apply for an $800 Municipal Education Grant to pay for a presentation of visualizing density in small towns and rural areas, and to authorize the Shelburne Selectboard Chairman to sign the application on behalf of the Town of Shelburne. VOTE: unanimous (5-0); motion carried.
 
8.         CONSIDER ADOPTING CONNECTION POLICIES FOR IMPLEMENTING THE SPECIAL ASSESSMENT SEWER DISTRICT ON BAY ROAD
Mr. Bohne reviewed modifications to the Special Assessment Sewer District Policy that recognize the start of repayment of the loan. Assessments will not start until loan repayment begin
 
MOTION by Mr. Roesler, seconded by Mr. Pudvar, to adopt the connection policies for implementing the Special Assessment Sewer District on Bay Road as outlined in the draft letter to Bay Road property owners from the Shelburne Town Manager.
DISCUSSION: Ms. McKnight suggested adding a procedure to deal with hardship cases (i.e. spread out payments). Mr. Bohne pointed out the state revolving loan repayment is spread out over 20 years. Mr. Smith asked if a property owner can make payment up front (i.e. refinance the house over 30 years as an option). Jim Washburn, Bay Road resident, noted he bought his property from Marcel Beaudin. Mr. Washburn expressed concern that the cost to hook into the town system will be more than $10,000. There are also added costs (excavation, pumps, tanks). Eight property owners are paying for something that the entire town can vote on. It is not fair, contended Mr. Washburn. Mr. Talley recalled the action is based on the request by the eight property owners cited by Mr. Washburn. All had to vote on the Special Assessment District.
VOTE: 4 ayes, 1 nay (Ms. McKnight); motion carried.
 
Mr. Bohne noted anyone having difficulty paying the assessment should contact the Town Manager’s Office.
 
 
9.         CONSIDER REIMBURSING MARCEL BEAUDIN FOR A PORTION OF EXPENSE TO INSTALL FORCE MAIN ON BAY ROAD
Mr. Bohne provided the Board with the email from Marcel Beaudin outlining specific reimbursement proposals. Mr. Beaudin is seeking reimbursement of $20,147. Marcel Beaudin stated the 1.5 inch line is temporary. The engineer recommended a 1½ inch line for the two houses in order to flush the system. Mr. Bohne clarified a two inch line was installed, as well as the 1½ inch line. Mr. Talley questioned the town reimbursing Mr. Beaudin for the line to two houses which helped the sale of the lots. The Board reviewed past discussions of Mr. Beaudin’s original request. Mr. Beaudin mentioned a well established tradition that once a line is installed (by a private party) and the town extends that line, the town reimburses the private party for the initial cost. Mr. Beaudin said he is only asking for reimbursement of the line itself. The expense for the two inch line is $20,148. The 1.5 inch line adds $4,000. Ms. McKnight acknowledged the practice involving gas or electric line installation that reallocates the cost of the first few and passes costs onto others that come on later. Ms. McKnight was not certain of a precedent for reimbursement of town services. Mr. Smith pointed out a developer recoups the cost of a subdivision when lots/houses are sold. The developer does not come back to the town for reimbursement later. Ms. McKnight asked if Mr. Beaudin was promised reimbursement by the town. Mr. Beaudin replied that is not what he is saying. Mr. Talley recalled Mr. Beaudin was to put in a two inch line to two houses. Mr. Beaudin said given time he could find a reimbursement precedent used by other towns. Mr. Talley suggested postponing action on Mr. Beaudin’s request to allow the Selectboard to review the minutes from the Selectboard meeting where Mr. Beaudin’s original request was considered.  
 
10.       CONSIDER APPROVING POLICY REGARDING BACKGROUND CHECKS FOR VOLUNTEERS THAT WORK WITH THE RECREATION DEPARTMENT
Betsy Cieplicki, Recreation Director, explained that the Vermont Recreation and Parks Association supports running background checks on volunteers. Colchester, which is a larger town than Shelburne, does a national background check. The Recreation Department has created a database of volunteers. Background checks will provide annual clearance. Mr. Talley suggested the Shelburne Recreation Department create a form for volunteers to complete and sign so they know and understand a background check is being done.
 
MOTION by Mr. Pudvar, seconded by Ms. McKnight, to approve the policy regarding background checks for volunteers that work with the Recreation Department. VOTE: unanimous (5-0); motion carried.
 
11.       CONSIDER AMENDING SEWER ALLOCATION IN THE AMOUNT OF 480 GALLONS PER DAY FOR THE OPEN ARMS CAFÉ LOCATED AT 52 HARBOR ROAD
MOTION by Mr. Roesler, seconded by Mr. Smith, to amend the sewer allocation in the amount of 480 gpd for the Open Arms Café located at 52 Harbor Road. VOTE:   unanimous (5-0); motion carried.
 
12.       CONSIDER ADOPTING RESOLUTION IN SUPPORT OF THE VERMONT LEAGUE OF CITIES AND TOWNS OPPOSITION TO PROPOSED CUTS FOR THE LOCAL HIGHWAY AID PROGRAM
Mr. Bohne explained the VLCT request for member support of the resolution opposing cuts in the state budget for the local highway aid program which will reduce the allocation to municipalities. Ms. McKnight asked if the League had a solution to balancing the state budget.
 
MOTION by Mr. Roesler, seconded by Mr. Smith, to adopt the resolution in support of the Vermont League of Cities and Towns opposition to proposed cuts in the local highway aid program. VOTE: 3 ayes, 2 nays (Mr. Pudvar, Ms. McKnight); motion carried.
 
The Selectboard signed the resolution.
 
13.       CONSIDER AMENDING THE GRAND LIST BY APPROVING REDUCTION OF THE VALUE OF MEACH ISLAND OWNED BY WAITE FARM ASSOCIATES, LLC FROM $158,500 TO $0 AND INCREASING THE VALUE OF LAND OWNED BY WAITE FARM ASSOCIATES, LLC BY ADDING $158,500 TO INCREASE THE VALUE FROM $2,764,300 TO $2,922,800
MOTION by Ms. McKnight, seconded by Mr. Roesler, to amend the Grand List by approving the reduction of the value of Meach Island owned by Waite Farm Associates, LLC, from $158,500 to $0, and increasing the value of land owned by Waite Farm Associates, LLC, by adding $158,500 to increase the value from $2,764,300 to $2,922,800.
DISCUSSION: Mr. Talley noted one problem is avoided by combining Meach Island and Waite Farm Associates, LLC land into one tax account, however, if the island is ever sold that will create another problem.
VOTE: unanimous (5-0); motion carried.
 
14.       CONSIDER APPROVAL OF $90,000 BOND ANTICIPATION NOTE WITH CHITTENDEN BANK AT AN INTEREST RATE OF 2.65% AND A TERM OF SIX MONTHS TO PAY FOR ANTICIPATED COSTS ASSOCIATED WITH CONSTRUCTION OF A FORCE MAIN ON BAY ROAD
MOTION by Mr. Smith, seconded by Mr. Pudvar, to approve a $90,000 Bond Anticipation Note with Chittenden Bank at an interest rate of 2.65 percent and a term of six months to pay for anticipated costs associated with the construction of a force main on Bay Road. VOTE: unanimous (5-0); motion carried.
 
The Board signed the document.
 
15.       CONSIDER APPROVAL OF $100,000 GRANT ANTICIPATION NOTE WITH CHITTENDEN BANK AT AN INTEREST RATE OF 2.65% AND A TERM OF SIX MONTHS TO PAY FOR ANTICIPATED COSTS FOR CONSTRUCTION OF THE HARBOR ROAD BRIDGE
MOTION by Mr. Roesler, seconded by Mr. Smith, to approve a $100,000 Grant Anticipation Note with Chittenden Bank at an interest rate of 2.65 percent and a term of six months to pay for anticipated costs for the construction of the Harbor Road Bridge. VOTE: unanimous (5-0); motion carried.
 
The Board signed the document.
 
16.       CONSIDER APPROVING MINUTES OF OCTOBER 7 & 14, 2008
October 7, 2008
MOTION by Mr. Smith, seconded by Mr. Pudvar, to approve the minutes of 10/7/08 as written. VOTE: unanimous (5-0); motion carried.
 
October 14, 2008
MOTION by Mr. Roesler, seconded by Mr. Smith, to approve the minutes of 10/14/08 with the following corrections/additions:
Page 3, last bulleted item, last sentence - change to read: “When a public meeting is held it would be interesting to have information from people like Chris Neme…”
VOTE: unanimous (5-0); motion carried.
 
17.       MANAGER’S REPORT
Mr. Bohne reported on the following items:
  • Fire and Rescue departments were thanked by a homeowner for responding to a chimney fire
  • Town of Hinesburg thanked the Fire and Rescue departments for their assistance with the Saputo fire.
  • Harbor Road bridge project is on schedule.
 
18.       MEMBERS CONCERNS
Mr. Talley pointed out Election Day is Tuesday, November 4, 2008.
 
19.       EXECUTIVE SESSION
None.
 
20.       ADJOURNMENT
MOTION by Mr. Smith, seconded by Mr. Pudvar, to adjourn the meeting. VOTE: unanimous (5-0); motion carried.
 
The meeting was adjourned at 10:08 p.m.
 
RScty: KFurr
 
Accepted By,
 
 
 
For the Shelburne Selectboard

January 2008
Selectboard 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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5420 Shelburne Road
Shelburne, VT 05482
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