TOWN OF SHELBURNE SELECTBOARD MINUTES OF MEETING April 11, 2017

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1 A VIDEO RECORDING OF THE MEETING IN ITS ENTIRETY IS AVAILABLE THROUGH VERMONTCAM.ORG. THE WRITTEN MINUTES ARE A SYNOPSIS OF THE DISCUSSION AT THE MEETING. MOTIONS ARE AS STATED BY THE MOTION MAKER. 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 April 11, 2017 MEMBERS PRESENT: ADMINISTRATION: OTHERS PRESENT: Gary von Stange (Chairman); Colleen Parker [arrived 7:14 PM], John Kerr, Josh Dein. (Jerry Storey was absent.) Joe Colangelo, Town Manager; Peter Frankenburg, Finance Director; Dean Pierce, Planning Director; Chris Robinson, Water Quality/Storm Water Director; Diana Vachon, Town Clerk. Robert & Jessica Barrett, Sarah Tompkins, Jeff Jackson, John Hammer, William Page, Dave and Sue McCellan, Wendy Saville, Kate Lalley, Hope Johnson, Kay Boyce, Ann Milovsoroff, David Hall, Gail Henderson-King, Tom and Jane Zenaty, Jeff McBride, Fred Tiballi, Laurie Lawless, Robert Owens, Heather McKim (Shelburne News). 1. CALL TO ORDER Chairman Gary von Stange called the meeting to order at 7 PM. 2. APPROVE AGENDA Add: Grant application by Tree Advisory Committee Add: Approve amended assessed value by Town Assessor MOTION by John Kerr, SECOND by Josh Dein, to approve the agenda as amended. VOTING: unanimous (3-0)[Colleen Parker not present for vote]; motion carried. 3. APPROVE MINUTES March 28, 2017 MOTION by Josh Dein, SECOND by John Kerr, to approve the minutes of March 28, 2017 as written. VOTING: unanimous (3-0)[Colleen Parker not present for vote]; motion carried. April 5, 2017 MOTION by Colleen Parker, SECOND by John Kerr, to approve the April 5, 2017 minutes with correction of the second motion to show Colleen Parker, not Josh Dein, as the motion maker. VOTING: 3 ayes, one abstention (Josh Dein); motion carried. 4. CITIZEN PARTICIPATION & PUBLIC COMMENT Jeff Jackson, Harbor Road, urged the town to fulfil its responsibility to defend and uphold the town s zoning rules and regulations in Environmental Court at the appeal by Shelburne Shipyard of the DRB decision to uphold the Notice of Violation. The town s performance was marginal at the on-the-record DRB hearings with Shelburne Shipyard.

2 SHELBURNE SELECTBOARD 4/11/17 PAGE 2 Mr. Jackson said at stake is a 7,800 s.f. building located only 12 from his property line when the setback is 50. John Hammer, Lands End, spoke in support of the statements by Jeff Jackson and protecting the town and the neighborhood. 5. SELECTBOARD COMMENTS John Kerr gave kudos to Paul Goodrich and crew for taking care of the roads during the recent winter storms and past work to clean out drainage ditches to prevent flooding. Also, best wishes to Jerry Storey to get well soon. Colleen Parker spoke positively of the fantastic concert at Shelburne Community School by the 1 st and 2 nd graders. Gary von Stange proposed to give an update on the Vermont Railways litigation, but was unable to do so pursuant to the decision by Josh Dein not to recuse himself. 6. TOWN MANAGER S REPORT Joe Colangelo highlighted the following from the manager s report posted online: Questions on economic development and student involvement on town boards will be added to the CBC questionnaire. Diana Vachon, Town Clerk, reported the town s pet contest has increased cat licensing by 25%. The winners of the pet contest are: Shelburne Cat of the Year: Sassy owned by Karen Miller Shelburne Dog of the Year: Bella owned by Courtney & Craig Rittenburg 7. PUBLIC HEARING: Proposed Amendments to Shelburne s Bylaws Colleen Parker facilitated the public hearing. The public hearing was opened at 7:27 PM. Dean Pierce summarized the changes to Article XIX and Definitions involving sidewalks and paths, trailers and storage, sign lighting, setbacks from private rights-of-way, and excavation and fill. Mr. Pierce noted there has been concern expressed about the changes to the excavation and fill regulations so one option is to approve the other changes and peel off the excavation and fill amendment for further discussion by the Planning Commission. There were no further comments. MOTION by Gary von Stange, SECOND by John Kerr, to close the public hearing. The public hearing was closed at 7:40 PM. MOTION by John Kerr, SECOND by Josh Dein, to peel off the excavation and fill amendment and approve the proposed amendments pertaining to sidewalks and paths, trailers and storage, sign, lighting, and setbacks from private rights-of-way. 8. UPDATE/ADOPT SELECTBOARD RULES OF PROCEDURE

3 SHELBURNE SELECTBOARD 4/11/17 PAGE 3 MOTION by Colleen Parker, SECOND by John Kerr, to adopt the Selectboard Rules of Procedure as amended relative to roll call votes only if the vote is not unanimous, adopting the rules as soon as feasible, and posting items on the agenda. 9. APPOINTMENTS John Kerr facilitated the appointments. Ethics Committee Postponed. Veterans Memorial Committee MOTION by Gary von Stange, SECOND by Colleen Parker, to appoint the following individuals to the Veterans Memorial Committee: Colleen Haag, Sam Feitelberg, and Peter Gadue. Library Board of Trustees The Selectboard interviewed Lisa Merrill and John Bosha for positions on the Library Board of Trustees. Both individuals expressed interest in serving the town. The appointment of student member, Luke Sweeney, was postponed. MOTION by Colleen Parker, SECOND by John Kerr, to appoint Lisa Merrill to the Library Board of Trustees for a term beginning 4/11/17 and ending April 1, MOTION by Colleen Parker, SECOND by Josh Dein, to appoint John Bosha to the Library Board of Trustees for a term beginning 4/11/17 and ending April 1, PRESENTATION: Village Pedestrian Safety Group Jane Zenaty gave background information on the work of the village pedestrian safety group to improve pedestrian safety in the Falls Road and Marsett Road area and suggested demonstration projects to collect data. The demonstration projects include: Adding a green strip to Falls Road. Restriping the travel lanes to 10 width. Add a crosswalk at Bacon Drive with a slight bump-out. Add a sign saying Welcome to Historic Shelburne Village near the bridge on Falls Road. Increase the visibility of the crosswalk at Church Street. Announcement was made of the Eagle Scout project to apply for a grant for a flashing beacon at the crosswalk on Route 7 at Church Street. 11. SET TOWN CLERK S SALARY

4 SHELBURNE SELECTBOARD 4/11/17 PAGE 4 MOTION by John Kerr, SECOND by Josh Dein, to set the Town Clerk s salary at $58,500 retroactive to March 7, 2017 with an increase to $60,000 starting July 1, WASTE WATER DEPARTMENT SUMMARY BUDGET NARRATIVE Chris Robinson outlined three budget scenarios (3% reduction, level funded, 3% increase) and the subsequent impact on services. Reducing the budget means cutting back on some tasks and on being proactive which potentially could lead to noncompliance. Level funding the budget leaves little flexibility to cut costs due to fixed costs. Steps have already been taken to increase efficiencies. Having a 3% increase in the budget allows the ability to stay proactive, put some funds into the capital fund for small projects, and do more public outreach. Chris Robinson noted an RFP is being done to look at options with the two waste water facilities (i.e. consolidating the plants and updating or updating each plant separately) to find the best and most sustainable model. The study will also look at capital costs and projections for the next 20 years. There was mention of combining public outreach for storm water and waste water. Gary von Stange asked if capacity is impacted with consolidation of the two plants. Chris Robinson said a single plant would be configured to accommodate the town for the next 20 years. There was brief discussion of the rates for Shelburne which are high because a small community is supporting two plants. Gary von Stange noted economic development, especially commercial development, helps share the cost. The Selectboard has identified economic development as a priority issue. A resident from McCabe Circle asked about separating sewage flow from storm water flow. Chris Robinson said this is already done. Staff will finalize the sewer budget. The Selectboard needs to set the budget and sewer rate by July 1 st. 13. REIMBURSE WASTE WATER CHARGES SINCE 2008: Robert & Jessica Barrett John Kerr facilitated the discussion. Robert Barrett noted the original agreement of $2,500 was prior to connection to the town system and paying the last bill. The additional $100 requested is to offset costs that were incurred since then. MOTION by Gary von Stange, SECOND by Colleen Parker, to reimburse the Barrett family at 197 Mt. Philo Road in the amount of $2,600 from the Waste Water Fund. DISCUSSION: Gary von Stange briefly explained it was discovered there were two sanitary waste lines coming from the house at 197 Mt. Philo Road which is a unique situation. Joe Colangelo confirmed the on-site septic has been abandoned. The septic tank will be filled in once the weather is drier.

5 SHELBURNE SELECTBOARD 4/11/17 PAGE LIQUOR LICENSE RENEWALS There were no conflicts of interest announced. MOTION by Colleen Parker, SECOND by Josh Dein, to renew the following licenses: First Class License and Outside Consumption Permit Bangkok Thai First Class License Cucina Antica Second Class License Route 7 Liquors & Deli Second Class License Spillane s Service Center The Selectboard signed the licenses. 15. CLASS 2 ROAD PAVING GRANT APPLICATION MOTION by Colleen Parker, SECOND by John Kerr, to support and sign Shelburne s FY2018 Class 2 road paving grant to pave Bostwick Road at the estimated amount of $98, REVIEW POTENTIAL WETLANDS ISSUE FOR SHELBURNE VILLAGE DOG PARK Gary von Stange reported approval was received from the Vermont Department of Environmental Conservation for the dog park, but since that approval the town was notified the dog park is in Class 2 wetlands and has to be moved. Joe Colangelo added DEC recommended the town may have to remove the dog park and restore the area to its natural state. The town hopes to work out a friendly solution. A wetlands delineation may have to be done. Gary von Stange said the DEC is also concerned with the cutting of trees. More information needs to be gathered and the situation resolved in a positive manner. Kay Boyce, Dog Park Committee, said the committee is committed to finding an agreeable determination and solution for all parties and avoid litigation. Based on information from Fred Tiballi the committee believes the town is in compliance with the Class 2 wetlands regulations, Section 6.09, and recommends the town delay the decision on the dog park until further research is done to clarify the facts. The dog park committee, consultant, town staff, town attorney, and appropriate state officials should meet to resolve the matter. Fred Tiballi said there is no question the dog park is in Class 2 wetlands and there is now a 50 buffer zone. The state changed the rules effective April 1, 2017, but that does not impact the dog park. The town is in compliance because Section 6.09 of the wetlands rules says any use of Class 2 wetlands requires a permit except exempt uses such as agricultural or allowed uses that include hunting, hiking, walking, swimming, bird watching, or any similar outdoor recreation activity. There is nothing in the town regulations prohibiting hiking or walking or other activities in the dog park. An allowed use for the wetlands or the buffer zone does not need a permit. The basic jurisdiction of the state with Class 2 wetlands is any use that requires a permit then a permit must be

6 SHELBURNE SELECTBOARD 4/11/17 PAGE 6 secured, but a dog park is a similar outdoor recreation use and the town allows people to hike, walk, and such in the dog park area so a permit is not needed and the state has no jurisdiction. Allowed uses also allow items incidental to that use such as a fence. The DEC Commissioner can resolve the matter. The town s position should be a permit is not needed and the activities taking place are allowable similar recreational uses. Mr. Tiballi noted if the dog park is relocated the land reverts to the New Village Farm, not the town, per the agreement signed years ago on the conveyance of the land. Tihaul would also revert back. Laurie Lawless, dog trainer, said there are recommendations to improve safety at the dog park (fencing, signage) that were planned to be installed, but now must wait until the matter is resolved. David Hall, town tree warden, said the only trees that were cut down were either dead, diseased, or a safety hazard. Robert Owens noted if there is concern about the structures in the park (benches and such) these could be removed to make the park more compliant. Joe Colangelo said the town has ceased all work at the park until the matter is resolved and has presented the matter publicly. Staff will do a wetlands delineation, gather more information, follow up with DEC on-site, and update the Selectboard. 16.a GRANT APPLICATION BY TREE COMMITTEE Gail Henderson-King explained the grant application to cover the cost of aerating the soil on the town green for the trees most impacted by the farmers market and the request for up to $1,000 from the town for the grant. MOTION by Colleen Parker, SECOND by Josh Dein, that the town contribute up to $1,000 as needed to help fund the grant application by the Tree Committee whether in cash or in-kind services and approve the grant application. VOTING: unanimous (4-0); motion carried. 16.b UPDATED RE-DETERMINATION OF EQUALIZED EDUCATION PROPERTY VALUE AND COD Joe Colangelo reported with the reassessment of the Thunderbird Motel the town s CLA went to 96% and the COD went down. The education grand list went down so the tax rate decreased. MOTION by Colleen Parker, SECOND by John Kerr, to approve the change to the equalized education property value and COD and authorize the Chair of the Selectboard to sign the appropriate document(s). VOTING: unanimous (4-0); motion carried. 17. SELECTBOARD PRIORITIES FROM RETREAT AND PRIORITY PLAN

7 SHELBURNE SELECTBOARD 4/11/17 PAGE 7 MOTION by John Kerr, SECOND by Colleen Parker, to approve the Selectboard priorities and priority plan for the year as presented. VOTING: unanimous (4-0); motion carried. 18. EXECUTIVE SESSION and/or ADJOURNMENT MOTION by Colleen Parker, SECOND by John Kerr, to find that premature disclosure of negotiations between the Town of Shelburne and the New England Police Benevolent Association (NEPBA) would place the town or party at substantial disadvantage. MOTION by Colleen Parker, SECOND by Josh Dein, to go into Executive Session to discuss negotiations between the Town of Shelburne and the police union pursuant to 1VSA313, and to invite the Town Manager to attend. VOTING: unanimous (4-0); motion carried. The regular meeting was adjourned and Executive Session convened at 9:14 PM. RecScty: MERiordan

TOWN OF SHELBURNE SELECTBOARD MINUTES OF MEETING May 23, 2017

TOWN OF SHELBURNE SELECTBOARD MINUTES OF MEETING May 23, 2017 A VIDEO RECORDING OF THE MEETING IN ITS ENTIRETY IS AVAILABLE THROUGH VERMONTCAM.ORG. THE WRITTEN MINUTES ARE A SYNOPSIS OF THE DISCUSSION AT THE MEETING. MOTIONS ARE AS STATED BY THE MOTION MAKER. MINUTES