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July 11, 2017 [SS]

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Field Producer: Ken French

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 July 11, 2017

Gary von Stange (Chairman); John Kerr, Josh Dein, Jerry Storey. (Colleen Parker was absent.)
Joe Colangelo, Town Manager; Peter Frankenburg, Finance Director; Dean Pierce, Planning Director.

Gail Albert, Dorothea Penar, Sean Macfaden, Don Rendall, Georgene Grover, Jennifer Brown, Heather McKim (Shelburne News).

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Chairman Gary von Stange called the meeting to order at 7 PM.

2. APPROVE AGENDA
MOTION by Josh Dein, SECOND by John Kerr, to approve the agenda with correction relative to the Rice Lumber agenda item. VOTING: unanimous (4-0); motion carried.

3. APPROVE MINUTES

June 27, 2017

MOTION by Jerry Storey, SECOND by Josh Dein, to approve the June 27, 2017 minutes as written. VOTING: unanimous (4-0); motion carried.

July 7, 2017

MOTION by Josh Dein, SECOND by John Kerr, to approve the July 7, 2017 minutes as written. VOTING: unanimous (4-0); motion carried.

4. CITIZEN PARTICIPATION & PUBLIC COMMENT

There were no comments from the public at this time.

5.

6.

 

SELECTBOARD COMMENTS

John Kerr mentioned the book of poetry by Shelburne Poet Laureate, Rick Bessette, available in local stores and urged all to read the book.
Jerry Storey announced Rick Bessette presents his poetry at Shelburne Farms on July 17, 2017.

TOWN MANAGER’S REPORT

Joe Colangelo highlighted the following from the manager’s report posted online:

  The public hearing by the State of Vermont on the five year permit renewal for

the two treatment plants in Shelburne is August 10, 2017. Information is posted

on the website.

  Sidewalk projects in town begin July 15, 2017.

SHELBURNE SELECTBOARD 7/11/17 PAGE 2

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7.

  

An RFP has been issued for construction management services should the library building bond be approved. It is hoped to approve the construction manager by August 25, 2017.
Finalists for the Library Director position will be interviewed July 13, 2017.

A consultant from VLCT will assist the town in updating the personnel policies. The Poet Laureate designation has been very positive for the town. Rick Bessette has done a tremendous job.

PUBLIC HEARING: Zoning Bylaw Changes

The public hearing was opened at 7:07 PM. Planning Director, Dean Pierce, reviewed the proposed bylaw changes pertaining to childcare centers in the Mixed Use District and neighborhood markets with delicatessens in the Shelburne Falls District.

COMMENTS

There were no comments.

MOTION by Jerry Storey, SECOND by John Kerr, to close the public hearing. VOTING: unanimous (4-0); motion carried.

The public hearing was closed at 7:13 PM.

MOTION by Jerry Storey, SECOND by Josh Dein, to amend the zoning bylaws to:

  Remove the size restriction on daycare centers in the Mixed Use District;

  Add the definition of a new use known as “local market with delicatessen”;

  Add allowance of a local market with delicatessen as a conditional use in the

Shelburne Falls District.
VOTING: unanimous (4-0); motion carried.

8. CBC ANNUAL REPORT: Shelburne Natural Resources & Conservation Commission (SNRCC)

Gail Albert, SNRCC Chair, reviewed the responses to the questions in the report. The following was highlighted:

  A new member is needed to fill the existing vacancy on SNRCC.

  The Open Space Plan is done.

  SNRCC participated in:

o Discussion of form based zoning
o Collaborating with the Planning Commission to revise zoning regulations

for the town plan and the Rural District
o Participated in discussions of value added agriculture

  SNRCC has worked to increase knowledge of storm water issues.

  Work was done with Lewis Creek Association to remove invasives.

  Events were held to inform the public on water quality matters.

  SNRCC goals include:

o Continuing to work with the Planning Commission on preserving the Rural District.

SHELBURNE SELECTBOARD 7/11/17 PAGE 3

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o Work with Lewis Creek Association and WVPD to take steps to avoid McCabe Brook becoming an impaired waterway.

o Help people with disabilities including hearing impaired participate in SNRCC meetings.

  Natural resources help maintain quality of life in Shelburne and add to economic development in town because if the town looks beautiful and welcoming people will visit and spend money.

  Storm water management is critical to economic development.

  The town needs to look critically at how outdated the treatment plant equipment is

to avoid future overflows.

  Having a student intern on SNRCC has been very positive. The interview process

should determine the interest of the student in serving as a learning experience or

simply for school credit.

  It must be made clear to developers that review of projects by SNRCC has value.

There was discussion of facilitating developers meeting with SNRCC on projects. Joe Colangelo stated the level of support needed by town boards and committees cannot be provided with the current level of staffing

Don Rendall, SNRCC, stressed when a member is participating in a meeting via teleconference it is necessary to be able to see the development plans so better technology is needed by the town. Also, the seasonality of development should be researched to determine if there is a certain time period when there is a crush of development plans.

Jerry Storey mentioned doing exit interviews of CBC members. Mr. Storey also mentioned the interest of SNRCC in maintaining town rec and conserved spaces and urged submitting proposals during budget time.

Josh Dein agreed with the need for technological improvements for meetings.

9. CBC ANNUAL REPORT: Shelburne Historic Preservation & Design Review Committee (SHP&DRC)

Dorothea Penar, SHP&DRC Chair, highlighted the following:

  SHP&DRC worked with the Planning Commission on form based zoning and

protecting historic sites along Route 7.

  The Design Review Guidelines are in use. State Historic Preservation was very

impressed with the guidelines.

  SHP&DRC does not have a student intern due to the meetings being held during

the school day, but the committee is trying to have students do some historic

preservation work.

  Adding historic buildings to the National Register is ongoing.

  Technology so hearing impaired individuals can participate in meetings is needed.

  Building demolitions are a concern. It is a challenge to retain the building when

the land has greater value than the historic building on the site. The town might consider incentives to help people maintain historic buildings to avoid demolition

SHELBURNE SELECTBOARD 7/11/17 PAGE 4

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10.

due to neglect. Incentives could be low interest loans or tax incentives or density bonuses for larger lots.
Development in the Design Review District must go before SHP&DRC. Other town boards should keep this in mind.

REQUEST FROM SOCIAL SERVICES COMMITTEE

Georgene Grover explained the request to use $1,000 from the Community Fund to purchase two weeks of meals for individuals/families identified by Age Well, an organization that serves low to moderate income individuals and families, and to purchase meal tickets from The Dutch Mill Restaurant.

There was discussion of the difference in disbursement of funds by the committee in the past versus presently. Staff will draft a mechanism for disbursement of funds by the Social Services Committee.

MOTION by Jerry Storey, SECOND by Josh Dein, to authorize use of $1,000 from the Social Services Committee Community Fund to fund one Shelburne meal route for two weeks at a cost of $500 and to fund the restaurant meal ticket program for seniors at The Dutch Mill Restaurant at a cost of $500. VOTING: unanimous (4-0); motion carried.

Jerry Storey asked for explanation of the $6,500 budget figure for the Community Fund. Peter Frankenburg explained the fund balance carries over year to year and is added to the approved expenditure amount.

11. LOCAL MATCH FOR IRISH HILL SIDEWALK GRANT
MOTION by Jerry Storey, SECOND by Josh Dein, to approve the Town of Shelburne grant application for a large scale grant through VTrans Bicycle and Pedestrian Program for the Shelburne Falls sidewalk project along Falls Road, Irish Hill Road, and Thompson Road at an estimated cost of $838,762 with the town share estimated at $167,753. VOTING: unanimous (4-0); motion carried.

12. CBC APPOINTMENTS: CSWD and Planning Commission

CSWD

Joe Colangelo volunteered to take the seat of Tim Loucks on the CSWD Board until a replacement can be found.

MOTION by John Kerr, SECOND by Jerry Storey, to appoint Joe Colangelo to the CSWD Board as the Shelburne representative. VOTING: unanimous (4-0); motion carried.

Planning Commission

The Selectboard interviewed Ben Eisenberg for a position on the Planning Commission. Mr. Eisenberg expressed his desire to serve the town and develop a long term plan to honor the community. Mr. Eisenberg mentioned his professional work as a finance

SHELBURNE SELECTBOARD 7/11/17 PAGE 5 manager and as a consultant working with candidates and nonprofits to pursue polices to

support working families.

John Kerr expressed concern about Mr. Eisenberg’s professional background and being able to be a fair judge of situations facing the Planning Commission. The Planning Commission has great impact on the future of the community. Mr. Kerr suggested discussing the candidate’s qualifications in Executive Session.

Josh Dein recalled past practice when there has been one position and one candidate has been to discuss the candidate’s qualifications in open session. The candidate explained his professional life is different than his position on the board. The Selectboard did not ask other candidates about political and professional activities.

Ben Eisenberg acknowledged he did express his concerns with the proposal by the Selectboard to remove Josh Dein from his seat because that appeared to be a threat to the democratic process and possibly undermining a democratically elected member of the board. Since that time there has been conversation with Colleen Parker about changing the charter and Ms. Parker was receptive to this. Mr. Eisenberg said he tried to contact Mr. Kerr, but was unsuccessful.

Jerry Storey commented the applicant is upfront about his partisanship so it is known. The town boards and committees have a range of skills and expertise so it would be good to have a downhome humanist on the board.

MOTION by Josh Dein, SECOND by Jerry Storey, to appoint Ben Eisenberg to the Planning Commission for a term beginning July 11, 2017 and ending April 1, 2020. VOTING: 2 ayes, 2 nays (Gary von Stange, John Kerr); motion did not carry.

Cemetery Commission

The Selectboard interviewed Jennifer Brown for a position on the Cemetery Commission. Ms. Brown noted her professional experience as IT Project Manager for the state may be helpful to the commission.

MOTION by John Kerr, SECOND by Jerry Storey, to appoint Jennifer Brown to the open seat on the Cemetery Commission until the term for the open seat ends. VOTING: unanimous (4-0); motion carried.

13. FIRST READING: Amendment to the Stop Sign Ordinance
MOTION by John Kerr, SECOND by Jerry Storey, to read the ordinance by title only. VOTING: unanimous (4-0); motion carried.

The change to the ordinance pertains to the westbound and eastbound approaches to the Bay Road railroad underpass with two lane traffic. The Second Reading will be July 25, 2017 and the public hearing will be August 8, 2017.

14. FY2019 GENERAL FUND DEVELOPMENT PROCESS

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SHELBURNE SELECTBOARD 7/11/17 PAGE 6 Josh Dein commented some people feel the full day budget process felt rushed. Jerry

Storey said the full day meeting is a better use of time than meetings night after night.

MOTION by Jerry Storey, SECOND by Josh Dein, to adopt the FY2019 budget development process as described in the July 11, 2017 memo from the Town Manager. VOTING: unanimous (4-0); motion carried.

15. FY2017 YEAR END ESTIMATED BUDGET REPORT

Finance Director, Peter Frankenburg, reported there are still bills and revenue coming in for the month of June. Legal expenses have been a challenge, but there are offsets on revenues and expenditures that were less than budget so the fund balance is not expected to decrease the full amount of legal expenses. Costs were less than expected with health insurance and the Highway Department had cutbacks on some projects.

Joe Colangelo credited Mr. Frankenburg on the excellent management of the town’s finances.

16. BOND BANK DOCUMENTS FOR QUINT APPARATUS
MOTION by Jerry Storey, SECOND by Josh Dein, to execute the documents from the Vermont Municipal Bond Bank relative to the $970,000 loan for the Quint Apparatus for the Fire Department. VOTING: unanimous (4-0); motion carried.

The Selectboard signed the document(s).

17. GRANT APPLICATION FOR BULLET PROOF VESTS

Joe Colangelo said the grant covers half the cost of the vests which are required equipment for police officers.

MOTION by John Kerr, SECOND by Josh Dein, to approve the Shelburne Police grant application for four bullet proof vests. VOTING: unanimous (4-0); motion carried.

18. WASTE WATER ALLOCATION REQUEST: Rice Lumber
MOTION by John Kerr, SECOND by Jerry Storey, to grant the additional gallonage requested by Rice Lumber and authorize the current amount to apply to new lots, 1 & 2.

DISCUSSION:
 Jerry Storey noted in this case the lot ownership is not changing, but

this may not be the case in the future so the town should consider

creating a policy for the situation. VOTING: unanimous (4-0); motion carried.

19. EXECUTIVE SESSION and/or ADJOURNMENT
MOTION by Jerry Storey, SECOND by John Kerr, pursuant to 1VSA313 to find that premature public knowledge of the negotiations with the NEBPA would place

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SHELBURNE SELECTBOARD 7/11/17 PAGE 7 the town, the Selectboard, and persons involved at a substantial disadvantage.

VOTING: unanimous (4-0); motion carried.

MOTION by John Kerr, SECOND by Jerry Storey, based on the finding of premature disclosure providing a substantial disadvantage to go into Executive Session to discuss the negotiations with the NEBPA and invite the Town Manager to attend. VOTING: unanimous (4-0); motion carried.

Josh Dein will participate in the Executive Session on the NEBPA negotiations and recuse himself from the discussion of litigation with Vermont Railways.

MOTION by Jerry Storey, SECOND by John Kerr, pursuant to 1VSA313 to find that premature public knowledge of the litigation with Vermont Railways would place the town, the Selectboard, and persons involved at a substantial disadvantage. VOTING: unanimous (3-0); motion carried.

MOTION by John Kerr, SECOND by Jerry Storey, based on the finding of premature disclosure providing a substantial disadvantage to go into Executive Session to discuss the litigation with Vermont Railways and invite the Town Manager and Town Attorney to attend. VOTING: unanimous (3-0); motion carried.

Executive Session was convened at 9 PM and concluded at 10 PM.

20. POST EXECUTIVE SESSION
Motion by John, Seconded by Jerry, the Selectboard Passed a Motion Authorizing Jerry Storey to Write a Correspondence to Josh addressing his conduct in the Executive Session on Behalf of the other three members (John, Jerry, Gary) present, Motion Carried by a Vote of 3 – 0

21. ADJOURNMENT
MOTION by Jerry Storey, SECOND by John Kerr, to adjourn the meeting. VOTING: unanimous (3-0)[Josh Dein not present for vote]; motion carried.

The meeting was adjourned at 10:10 PM.

RecScty: MERiordan

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Episode Number: 
327
Original Airdate: 
Tuesday, July 11, 2017

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