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May 23, 2017 [SS]

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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.

MEMBERS PRESENT: ADMINISTRATION:

OTHERS PRESENT:

1. CALL TO ORDER

TOWN OF SHELBURNE SELECTBOARD MINUTES OF MEETING May 23, 2017

Gary von Stange (Chairman); Colleen Parker, John Kerr, Josh Dein, Jerry Storey.
Joe Colangelo, Town Manager; Peter Frankenburg, Finance Director; Dean Pierce, Planning Director; Chris Robinson, Water Quality Superintendent; Ann Janda, Director of Administration; Kate Mitchell, DRB Administrator; Jim Warden, Police Chief; Paul Goodrich, Highway Superintendent; Lara Keenan, Library Director.

Colleen Haag, Wendy Saville, Geoff Song, Lee Suskin, Georgene Corrover, Deb Mienitz, Linda Watts, Margaret Jackson, Caryn Feinberg , Barbara Johnson, Rosalyn Graham, Tim Smallwood, Alice Winn, Barbara Comeau, A.J. Humphry, Cathy Townsend, Laureen Mathon, Joanna Watts, Fred Tiballi, Dori Barton, Kay Boyce, Michael Abrams, Heather McKim (Shelburne News).

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Chairman Gary von Stange called the meeting to order at 6:05 PM.

2. PRESENTATION: “Driving While Black and Brown in Vermont”

UVM Professor Seguino gave a presentation on her research paper titled “Driving While Black and Brown in Vermont” that looked at bias in policing.

3. APPROVE AGENDA

Add: Discuss ongoing litigation relative to Shelburne Shipyard in Executive Session. Delete: Approve collective bargaining agreement with NEPBA

MOTION by Colleen Parker, SECOND by John Kerr, to approve the agenda as amended. VOTING: unanimous (5-0); motion carried.

4. APPROVE MINUTES

May 9, 2017

MOTION by Colleen Parker, SECOND by Josh Dein, to approve the May 9, 2017 minutes as written. VOTING: unanimous (5-0); motion carried.

5. CITIZEN PARTICIPATION & PUBLIC COMMENT

There were no comments from the public at this time.

6. SELECTBOARD COMMENTS

There were no comments from the Selectboard.

7. TOWN MANAGER’S REPORT

SHELBURNE SELECTBOARD 5/23/17 PAGE 2 Joe Colangelo highlighted the following from the manager’s report posted online:

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8.

The town hosted six provincial leaders from Afghanistan visiting the state through the Vermont Council of World Affairs. The town looks forward to continuing its ambassador role.

RECOGNITION: Highway Superintendent, Paul Goodrich, 50 years of

service to the town

Paul Goodrich was recognized for 50 years of dedicated service and supervision in the Highway Department that has resulted in well maintained roads and millions of dollars saved. The service of the Goodrich family to the town was also noted. Plaques of appreciation and recognition from the town, Office of Governor, and the Capital Police Department were read and presented to Mr. Goodrich. The flag flown on the state capital building on May 16, 2017 in honor of Mr. Goodrich was also presented. Photographs from the past 50 years were shown and notations in history were mentioned.

9. DEVELOPMENT REVIEW BOARD CBC REPORT TO SELECTBOARD

Mary Kehoe, Chair of the Shelburne DRB, presented the CBC report from the DRB. Ms. Kehoe noted the following:

  The DRB is the most diverse board in the town and in the county. The members are dedicated.

  It is too soon to determine if on-the-record review is a cost savings or efficiency measure. On-the-record review requirements are difficult for an all-volunteer board to fulfill.

  The DRB feels form based zoning has the potential to be a great asset for the town.

  Better audio/visual equipment is needed for the meeting room especially with on- the-record review proceedings.

  DRB Administrator, Kate Mitchell, is doing a fine job.

John Kerr asked for an explanation of the ‘not applicable’ answer on the question of economic development. Mary Kehoe explained as a quasi-judicial group it is important for the DRB to remain neutral and not take a stand on economic development.

Gary von Stange said Shelburne is one of the few towns in the state doing on-the-record review. Chairman von Stange thanked the DRB for their work and welcoming student members (the DRB wants to continue having student members). The work between the DRB and the Planning Commission was also mentioned.

10. PRESENTATION: Wetlands Consultant on Village Dog Park

Wetlands consultant, Dori Barton, reported that based on her review the site of the dog park is either wetlands or buffer. The fill brought in for the dog park is an impact. It is not necessary to do a wetlands delineation because that will not change the impact. The recommendation is for the town to identify another location for the dog park and work with the state to rectify the situation with the wetlands. The state has not issued a formal notice of violation as yet. Restoration of the site is straightforward, however, some flexibility may be needed with the suggestion to plant native species as understory since

SHELBURNE SELECTBOARD 5/23/17 PAGE 3 the area is surrounded by invasive species which will overrun the native plantings. Also,

the water line could just be decommissioned and left in place.

Gary von Stange mentioned the email from DEC indicating the town did not need a permit to go forward with the dog park, and the steps taken by the town that included working with DEC before putting in the dog park. Dori Barton said there may be some interpretation of the level of impact. The town wants to be a good role model and demonstrate the return of the area to its original state. Gary von Stange observed the state has issue with a small dog park when there are two salt sheds in the river corridor right down the block.

Joe Colangelo said the town in good faith followed through on every step with DEC.

Kay Boyce, Chair of the Dog Park Committee, said the committee was under the impression there were Class 2 wetlands, but Section 6.09 of the wetlands regulations allows certain activities without a permit including hunting, bird watching, trapping, hiking, horseback riding, snowshoeing, skiing, and similar outdoor recreation activities. Perhaps the dog park could fall under the last category. Regarding tree removal at the park, only dead, dying or dangerous trees for safety to the visitors have been removed. Dori Barton clarified activities listed in the wetlands rules are allowed uses, but construction of trails for walking and such is not an allowed use. For the DEC the fence around the dog park may have been acceptable, but the fill and structures are not. Boardwalks that meet best management practices specifications are allowed. Avoidance of wetlands is the first step, but if the town cannot find another site with less wetlands impact then the existing site can be further discussed. The test is difficult to pass though. If avoiding the wetlands cannot be done then the next step is minimizing impacts followed by mitigation of impacts.

Fred Tiballi put the town on notice that the land may have to be deeded back if the dog park is removed. The dog park was established by the town and the town should in good faith return the donations made for the dog park (approximately $50,000 in total). Mr. Tiballi noted the dog park benefits townspeople and patrons of Shelburne Farms, and that state statute allows auxiliary uses to allowed uses. Kay Boyce added the Dog Park Committee has been extremely careful about placing structures on the land and made an effort under the direction of the town to ensure the flow of water and the land itself were not impeded. Ms. Boyce said the committee is interested in continuing conversation with the state about maintaining the park location.

Dori Barton encouraged continued conversation with DEC because the situation has extenuating circumstances, but the town should be prepared to hear that what was done was not contemplated. There may be opportunity to scale back the impact though. Kay Boyce said the shed and benches can be removed. Only vegetation inside the park will need to be cut so the dogs have an area to run. Dead, dying, and dangerous trees will be removed as well. Dori Barton urged proceeding with caution to avoid getting a notice of violation from the state.

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SHELBURNE SELECTBOARD 5/23/17 PAGE 4

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11. LIQUOR LICENSE FOR THE KWINI CLUB

There were no conflicts of interest announced. Gary von Stange disclosed he has known Steve Gonzales for many years through golfing, adding the town is fortunate Mr. Gonzales moved his highly successful golf program to Shelburne to help Shelburne youth. Joe Colangelo explained the Kwini Club is the driving range portion of the golf course.

Steve Gonzales briefly explained the programs offered at the Kwini driving range and the request to be able to offer beverages to patrons. Jerry Storey asked about mixing youth and the liquor license. Mr. Gonzales said most of the patrons are adults who might want a beer or other beverage after using the range. Colleen Parker said based on personal experience with her children at golf courses at various resorts having beverages available is appreciated.

MOTION by Colleen Parker, SECOND by John Kerr, to approve the First Class Liquor License and Outdoor Consumption Permit for The Kwini Club. VOTING: unanimous (5-0); motion carried.

12. FY2018 WASTE WATER BUDGET & WASTE WATER RATES

Peter Frankenburg, Finance Director, and Chris Robinson, Water Quality Superintendent, highlighted the following in the FY2018 Waste Water Budget;

  Proposed budget of $1.9 million is a 2.5% increase.

  Proposed rate of $13.15/1,000 gallons is a 2.4% increase.

  Impact on a user of 70,000 gallons per year is an additional $22.

  Debt service for plant upgrades in Year 2000 represent the largest expense item in

the budget (32%) followed by salaries & benefits (24%), operations & maintenance (14%), utilities (11%), administration and insurance (9%), and sludge disposal (4%).

  Expense increases include chemical costs, salaries & benefits, insurance, capital projects including the Bay Colony pump station rebuild, and project engineering plant consolidation study and asset management program. Expenses are high because the town is operating two treatment plants and the costs are spread across a mostly residential profile.

  Expense decreases include equipment purchases and maintenance, sludge disposal, and utilities (natural gas price and efficiencies).

  Staff reorganization will include having a Chief Operator at each treatment plant facility and giving title to the Chief Mechanic position.

  The 2015 sewer bond issue for $3 million will be used in Phase I for collection system improvements ($1.5 million) including force mains and sewer lines in 2017-2018 at the Falls Road and Webster Road pump stations (force main work) and portions of Falls Road, Harbor Road, Wes Road, and Marsett Road (sewer line work). Work will also be done on the Bay Road pump station.

Josh Dein spoke in support of doing whatever can be done to reduce or at least not increase sewer rates.

SHELBURNE SELECTBOARD 5/23/17 PAGE 5

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MOTION by Jerry Storey, SECOND by John Kerr, to approve the FY2018 Waste Water Budget as presented in the amount of $1,901,970 and a waste water rate of $13.15 per 1,000 gallons. VOTING: unanimous (5-0); motion carried.

13. SHELBURNE-SOUTH BURLINGTON INTERMUNICIPAL STORM WATER CONTRACT

Chris Robinson reported the relationship between Shelburne and South Burlington is excellent. The array of services provided by South Burlington is exceptional and way beyond what the town could have done with the resources available. The tech savvy people are identifying and GIS/GPS marking the outfalls in Shelburne.

14. MERGER OF REGIONAL STORM WATER EDUCATION PROGRAM AND CHITTENDEN COUNTY STREAM TEAM (RSEP-CCST)

Chris Robinson the two programs are part of the MS-4 requirements and merging them is for efficiency and cost savings.

MOTION by Jerry Storey, SECOND by Josh Dein, to approve the merger of the Regional Storm Water Education Program and Chittenden County Stream Team (RSEP-CCST) and authorize the Town Manager to sign the agreement on behalf of the Town of Shelburne. VOTING: unanimous (5-0); motion carried.

15. CAPITAL EQUIPMENT NOTE FOR WASTE WATER TRUCK MOTION by John Kerr, SECOND by Josh Dein, to approve the capital equipment note with the Bank of Middlebury in the amount of $6,000 for a waste water truck purchased in 2014.

DISCUSSION: Peter Frankenburg said this is the last payment on the truck. VOTING: unanimous (5-0); motion carried.

16. ECONOMIC DEVELOPMENT WORKING GROUP

Staff will prepare a proposal to form an economic development working group for discussion at the next Selectboard meeting.

17. LIBRARY BUILDING PROJECT

Lara Keenan called the Library Building Steering Committee to order at 8:28 PM.

There was discussion of the recommended plan to address space and maintenance issues at the library and historic town hall. Josh Dein mentioned the comments and data from the survey, especially those speaking of separating the library from the town hall and separating the functions of the library from the town. Lara Keenan said parts of the project and the associated costs are separated so it is clear what is being funded.

Jerry Storey said the demonstrated support for a new library project assures support for presenting the idea to the town. A November vote makes the most sense. It is essential to articulate the town hall project as an essential part of the library project so the two are not competing with each other. The importance of town hall as an integral part of the project must be communicated. Mr. Storey urged continued imaginative, educational outreach.

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SHELBURNE SELECTBOARD 5/23/17 PAGE 6

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Colleen Parker said the library board of trustees is in support of the $4.3 million library project and of what the steering committee recommended for town hall. The two parts are connected and like a town center project. The decision on a bond vote in November for the entire project should be put on the June 13, 2017 Selectboard agenda.

Gary von Stange said comments from the Fire Department and any other group that is involved as well as the public should be heard at the June 13, 2017 meeting. Also, an update on the Bay Road Bridge should be given because the town may have to cover that cost as well. Gary von Stange said he feels bond votes should be part of the town meeting process and held in March, not November.

Alice Winn agreed with getting as much information out to the public as possible and urged not to lose momentum so a vote in November may be better for the bond.

With no further business and without objection the Library Steering Committee adjourned at 8:15 PM.

18. EXECUTIVE SESSION and/or ADJOURNMENT
MOTION by Jerry Storey, SECOND by Colleen Parker, to find that premature public knowledge of the strategy for collective bargaining agreement negotiations with NEPBA (New England Police Benevolent Association) and litigation involving Shelburne Shipyard would place the town and the Selectboard at a disadvantage. VOTING: unanimous (5-0); motion carried.

MOTION by Colleen Parker, SECOND by Jerry Storey, to go into Executive Session to discuss the NEPBA collective bargaining agreement negotiations and litigation involving Shelburne Shipyard, and to invite the Town Manager to attend. VOTING: unanimous (5-0); motion carried.

Executive Session was convened at 8:55 PM.

19. ADJOURNEMENT

With no further business and without objection the meeting was adjourned at 9:30 PM.

RecScty: MERiordan 

Episode Number: 
324
Original Airdate: 
Tuesday, May 23, 2017

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