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
May 12, 2015
MEMBERS PRESENT:
ADMINISTRATION:
OTHERS PRESENT:
Gary von Stange (Chairman); Tim Pudvar, Toni Supple,
John Kerr, Colleen Parker.
Joe Colangelo, Town Manager; Peter Frankenburg, Finance
Director; Dean Pierce, Director of Planning; Police Chief
Jim Warden; Annie Geratowski, DRB Administrator; Ann
Janda, Management Intern.
Janette Hart, Darla & Andrew Champine, Junius Powell,
Lori Basiliere, Ginger Williamson, Patrick McKee, Kate
Lampton, David Hall, Laura Hall, Jim Street, Shawn
Barone, Rosemarie Potter, Judith Fishell, Judy Frazer,
Michael Munte, Brenda Twerpy, Kelly Dougherty, William
Potter, George Leibowitz, Patricia Kissell, Paul Kissell,
Michael Abram, Charles Terp, Lorna Terp, Susan Colman,
Peggy Campagna, Joanne Rittwage, Tom Kirkpatrick,
Pauline Kirkpatrick, Dorothy Pellett, Patrick Kennedy, A.
Willoughby, Dick Elkins, E.J. Stoutt, Mark Sammut, Ron
Bouchard, Dan Burks, Lee Suskin, Lewis Hanlon, Ruth
Hagerman, Laureen Mathon, Larry White, Sean Deal,
Doug Robie, Aaron Nichols, Emily Ewald, Sean Merrand,
Lisa Jenson, Jane Demers, Tom Zinauty, Jim Landry, John
DeBrul, Lance Ropnay, Louise Piche, Abbie Miller, Diane
Rooney, Abby Baldwin, Joan Lenes, Paul Bohne, Diane
McCarthy, Heather McKim (Shelburne News).
[Note: The minutes reflect the published order of the agenda.]
1.
CALL TO ORDER
Chairman Gary von Stange called the meeting to order at 7 PM.
2.
APPROVAL OF AGENDA
MOTION by Toni Supple, SECOND by Colleen Parker, to approve the agenda.
VOTING: unanimous (4-0)[Tim Pudvar not present for the vote]; motion carried.
3.
APPROVAL OF MINUTES
April 28, 2015
MOTION by Colleen Parker, SECOND by Toni Supple, to approve the minutes of
April 28, 2015 as written. VOTING: unanimous (4-0)[Tim Pudvar not present for
the vote]; motion carried.
4.
CITIZEN PARTICIPATION & PUBLIC COMMENT
Lewis Hanlon, 153 Hullcrest Road, expressed concern about people speeding down the
hill in the neighborhood at 40 mph when the posted speed limit is 25 mph. There are
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cyclists, children, elderly, and pets in the neighborhood. Mr. Hanlon said he would like to
petition for a traffic table to calm traffic and a streetlight is needed by the fire hydrant.
5.
SELECTBOARD COMMENTS & QUESTIONS
 Colleen Parker reported her informal research on residential and commercial
permit fees shows fees are a consideration when people are thinking of building in
a town.
6.
TOWN MANAGER’S REPORT
Joe Colangelo highlighted the following from the manager’s report posted online:
 Public comment meeting on 5/14/15 regarding the impact fee proposal will be
held 4 PM to 6 PM.
 Water Commission is trying to decrease the proposed 8.2% rate increase in the
draft water budget.
 Summer paving bid was awarded to Whitcomb Construction, the low bidder, at a
cost of $63.13/ton.
 Ledge and brush has been removed from the curve on Shelburne-Hinesburg Road
as part of the enhanced safety measures proposed by Jeremy Matosky.
 Ann Janda, Management Intern for the next year, will be working with the
administration. Ms. Janda is a UVM graduate student working on a Masters of
Public Administration and has prior experience with financial institutions in
NYC, Healthy Living in South Burlington, and the Town of Milton.
7.
SHELBURNE COMMUNITY SCHOOL MURAL PROJECT
Student artists from Shelburne Community School and Connecting Youth Mentoring
Program were recognized for creating a mural depicting four seasons in Shelburne. The
mural will be displayed in the Town Manager’s Office.
8.
REVIEW/DISCUSS DEVELOPMENT REVIEW BOARD (DRB) ANNUAL
CBC QUESTIONNAIRE REPORT TO SELECTBOARD
Mark Sammut, DRB Chairman, briefed the Selectboard on the work of the DRB in
reviewing site plans, conditional use applications, and subdivisions under MAPA
procedures and DRB Rules & Procedures. The DRB Rules last updated in 2010 will be
updated again and include a list of qualifications for membership on the DRB. Current
members on the DRB bring diverse experience to the board including marketing,
landscape architecture, development, attorney, retired town manager, real estate broker,
and planning commission member. The membership works well as a team and with the
Zoning Administrator, Annie Geratowski. The challenge for the DRB is to balance the
interests of the town and the property owner and render as fair a decision as possible.
Chairman Sammut spoke in support of open communication with the Selectboard and the
seminars held that address issues with the open meeting law, ethics, conflict of interest,
and bias so boards can have a fair and balanced approach to decisions.
9.
INTERVIEW/APPOINTMENT TO LIBRARY BOARD OF TRUSTEES
Ruth Hagerman introduced Laureen Mathon who is interested in a position on the Library
Board of Trustees. Ms. Mathon is a Middlebury College graduate and the Business
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Account Manager at Hickok and Boardman. Toni Supple mentioned her son is a friend of
Ms. Mathon’s son.
MOTION by Colleen Parker, SECOND by Toni Supple, pursuant to Section 147-5.1
of the town charter to appoint Laureen Mathon to complete a term on the Library
Board of Trustees ending April 1, 2017. VOTING: unanimous (5-0); motion carried.
10.
OPEN PUBLIC DISCUSSION: HARBOR PLACE
Gary von Stange stated the town continues to work with Harbor Place to address
concerns about public safety due to activities occurring at the site. Shelburne embraces
helping those in need, but must find a balance between the desire and commitment to
help others and providing a safe community for residents. Brenda Twerpy, Champlain
Housing Trust CFO, and Michael Munte, Champlain Housing Trust COO, were in
attendance.
The following comments were made:
 Larry White, 390 Hullcrest Road, asked if a permit was required for Harbor Place
and that he would have likely voted against Harbor Place if he had a voice in the
decision. Gary von Stange and Dean Pierce explained Harbor Place if operated as
a hotel is consistent with the zoning regulations and the current approval of the
property so a permit is not needed (i.e. there is no change of use). A permit would
be needed for a sign.
 Patricia Kissell read a statement from Helen and Matthew Dooley, Hedgerow
neighborhood, expressing support of others in need, but concern that Harbor Place
is an experiment gone awry. The statement stated opposition to any expansion or
continuing of transitional housing in vacant hotels because that is not in the best
interest of the community. The dramatic increase in law enforcement activity at
the site since the inception of Harbor Place was cited. The letter stated the risk
and burden placed on the neighborhoods by Harbor Place is not acceptable and
with activities related to narcotic trafficking and a wanted felon the facility cannot
be supported. The Selectboard is urged to rectify the situation before something
tragic happens.
 Lori Basiliere, 72 Hedgerow Drive, noted the increase in police activity in the
neighborhood and concern about safety of the children. Ms. Basiliere said she is
adamantly against Harbor Place buying Days Inn to create an even larger need for
police activity. Gary von Stage said according to Champlain Housing Trust there
is no interest or intent to purchase Days Inn.
 Joanne Rittwage, 73 Hullcrest Road, expressed concern about the safety of the
neighborhood and asked if residents could be notified of any danger with “robo
calls” similar to what the schools do when school is cancelled.
 Shawn Deal, adjacent property owner to Harbor Place, said a choking incident
involving his child and a child from Harbor Place while riding on the school bus
and learning of the number of incidents and police calls changed his cautious
optimism about Harbor Place to distrust and distain for the management of the
facility. A moratorium on expanding and perhaps setting a minimum residence
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period should be done. Mr. Deal said he is against any expansion of Harbor Place
and the current experiment should be revised.
Doug Robie, Old Orchard Lane, asked for an update on the police statistics. Gary
von Stange said there have been 185 police calls to Harbor Place and other areas
the police suspect may be connected to Harbor Place, but do not have the hard
evidence.
Aaron Nichols, adjacent property owner to Harbor Place, said since Harbor Place
he has seen a spike in criminal activity, drugs, assaults, a heroin bust in the
parking lot, and a fugitive visiting a guest at Harbor Place hunted down in the
neighborhood. As a parent and homeowner in the nearby neighborhood Harbor
Place is unacceptable. The neighborhood is not safe. The experiment is failed.
The Selectboard is urged to take action and force Harbor Place to clean up and
pay for the mess they made or simply go away.
Dan Burks, Wildwood Drive, asked if the Selectboard plans to look into the
degree to which the current use of Harbor Place conforms or fails to conform to
zoning regulations established for the hotel industry along Route 7. Gary von
Stange explained it is not the role of the Selectboard to investigate violations.
Staff, the Town Manager or the DRB Officer does this. There is an active
investigation to determine whether the existing use of Harbor Place conforms to
the zoning bylaws of the town.
Janette Hart, Shelburne school bus driver including Harbor Place children, spoke
in support of homeless people who need a place like Harbor Place, recalling her
own homelessness at one point in time and help received. Ms. Hart said
Burlington Emergency Shelter trains people who are homeless on how to get a
job, budget, and save for a house. The neighborhood and the children need to be
safe. Often the homeless children have no one else to help them. Their parents
need help and may be leaving an abusive situation. There can be a successful
transition for people at Harbor Place, but it may take many years. The situation
may not be solved by having a place like Harbor Place, but it is important to try.
Gary von Stange reiterated the support of Champlain Housing Trust and the
town’s commitment to help others and the responsibility to provide a safe and
peaceful community.
Emily Ewald, 14 McCabe Circle, expressed gratitude to Champlain Housing Trust
for her home and said her husband rides the bus each day with fine people from
Harbor Place. Ms. Ewald acknowledged the concerns, but said heroin is here in
Vermont, not just at Harbor Place. Ms. Ewald spoke in support of continued
dialogue to help Harbor Place be a successful place. Shelburne is an affluent
community and does a good job of raising money for lots of organizations so it
would be sad to just do that and to gate everyone else out. Gary von Stange said
since Harbor Place opened the town and Champlain Housing Trust have worked
cooperatively to try to address concerns voiced by townspeople, however the
comments being expressed seem to be saying that the problem is not being
adequately addressed.
Sean Merrand, Shelburne and California resident working in the film industry,
recalled while doing a project with the Shelburne Museum he was offended by a
comment he heard about “poor people who live on Penny Lane” since he lives on
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Penny Lane so he can share in the concerns. Mr. Merrand said he is proud the
community took an abandoned property on Shelburne Road and did something for
the good of the community. Having Harbor Place shows the community has a
heart and a soul. The number of police calls is upsetting, but as far as feeling
unsafe crossing Falls Road to go to church when cars are exceeding the speed
limit gives an unsafe feeling. There are problems everywhere and it is not right to
just say Harbor Place did not work and should cease. It is an ongoing process and
the town should stick with it.
Pauline Kirkpatrick, 88 Hedgerow Drive for over 40 years, stressed the Hullcrest
neighborhood is not against the mothers and fathers and children who are trying
to better themselves and their situation, but are against the increased criminal
activity in the neighborhood. Police, people carrying their belongings through
backyards, sleeping in the parks – it is time to clean up what goes on in Hullcrest.
Lisa Jenson, Hullcrest neighborhood, spoke in support of Harbor Place and agreed
there are certain issues that need to be addressed. By having dialogue solutions
can be found. Harbor Place has case managers on site. Perhaps case management
can be beefed up.
Jane Demers, CVOEO, thanked the residents of Shelburne and stated for positive
things to happen in this situation people need to talk to each other. Nothing is set
in stone. Ms. Demers said she is grateful for Harbor Place for the people who are
homeless and need a place to start anew. Together in conversation the people who
are there will have a stronger chance at life and there will be more safety in the
neighborhood.
Tom Zinauty, 30 year Shelburne resident and retired social worker after 37 years
of working with a similar population to the people at Harbor Place – low income,
dealing with domestic violence, abuse issue, criminal activity that might surround
these families. The town has been honorable in allowing Harbor Place, honorable
in having discussion, honorable in looking at how to address legitimate issues
some Shelburne residents have, but Shelburne has been insulated for years and
has now opened the doors to the real world. In the real world people struggle with
issues of substance abuse and domestic violence. There are likely a number of
felons in Shelburne that have nothing to do with Harbor Place. Effort needs to be
made to be more responsive to the issues at Harbor Place, but the answer is not to
close the place down. The town needs to deal with the reality that is Vermont
now.
Kelly Dougherty with Women Helping Battered Women which is the domestic
violence organization that serves Chittenden County and a partner with
Champlain Housing Trust, CVOEO, and Safe Harbor at Harbor Place echoed the
gratitude for hosting Harbor Place and acknowledged the concerns of the
community. Domestic violence is one of the leading causes of homelessness. In
the last year over 200 people were served – women, men, families fleeing
domestic violence - and Harbor Place was the only place they had to go. Women
Helping Battered Women provides case management services at Harbor Place
along with CVOEO and Safe Harbor. All the partners are working to strengthen
the system. Heroin is an issue across Vermont and in Shelburne before Harbor
Place. If Harbor Place ceased to be heroin would continue to be an issue as would
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other issues of crime. Through community dialogue all can work in partnership to
address concerns. The most vulnerable community members are being served by
Harbor Place. Some people are literally fearing for their lives. If Harbor Place and
other supports in the community are not there these people have nowhere to go.
Jim Landry, Tractor Supply, spoke of the solid increase in theft of clothing, boots,
and other “quick sale” items from his store that can be sold for drugs. Also, not
one individual from Harbor Place has come looking for a job. Mr. Landry agreed
to the need to help people who are down and out, but Harbor Place is trying to be
too much to too many different organizations. Battered women living with people
abusing drugs and alcohol typically is the situation they left. Trying to mix all this
in one facility results in the explosion that is happening. Homelessness is
epidemic in the country and people need to be helped, but while helping them
they must have a safe place to live and not with the violence that is going on at
Harbor Place. Thanks is extended to Chief Warden and the police for keeping the
local stores informed of the crimes that are occurring.
Police Chief Warden stated there was a different type of criminal at the
Econolodge before Harbor Place so it was thought Harbor Place would be a great
benefit to the town and battered women. The main problem is all the different
agencies mish-mashing in one location. Rapists cannot be living next to women
who have been battered. There must be some method to screen people so hardcore
criminals are not allowed into Harbor Place, and anyone having a violation should
be expelled for good, not given a 30 day suspension. Harbor Place for battered
women is fine, but the place should not be for people off the street where their
background is not known. The police do spend a lot of time at Harbor Place and
Kinney Drugs and in the neighborhood. In addition there is great concern about
the danger to people trying to cross Route 7. Chief Warden said the situation can
be worked out by simply eliminating who comes from other agencies and having
the agencies responsible for the people they send who are hardcore criminals.
John DeBrul, Automaster, said he has helped out at Harbor Place and they have
been good neighbors, but the management is letting in the wrong people. Some of
the people visiting residents of Harbor Place are not good. Recently someone who
was visiting Harbor Place was sleeping in a tent in the woods. The heroin bust
was in the Automaster parking lot. People will sleep in the cars in the lot if they
are not locked. There were a lot of bad things happening at the site before Harbor
Place. The people running Harbor Place are willing to do something, but a lot
more needs to be done so the neighbors are not impacted. Harbor Place needs to
be managed better.
Lance Ropnay, 318 Hullcrest Road, expressed appreciation for the quality of the
community and the need for a place like Harbor Place and to find a solution.
Rather than talking across purposes work should start on practical solutions to
address issues. Gary von Stange said Champlain Housing Trust management,
town staff and the Selectboard have been meeting on a regular basis for the past
year to work on solutions, and Champlain Housing Trust has instituted certain
protocols not in place previously, such as security cameras, but there is sentiment
in town that this has not been enough.
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Abbie Miller, Shelburne resident, stated there are a lot of people in support of
Harbor Place and want the issues resolved so Shelburne can still be a welcoming
community to Harbor Place.
Louise Piche, Chesapeake Drive, mentioned the Renaissance School has provided
scholarships to children at Harbor Place. Ms. Piche pointed out just because
people are poor does not mean they are violent. It could mean they are hungry or
have to sleep in the woods because they cannot stay at Harbor Place. The jobs
they hold are only paying $8 or $9 per hour which is hard to live on. There are
bad characters at Harbor Place as well as among us in many ways. Harbor Place is
an opportunity for Shelburne people as Vermont people to sustain others and
practice compassion.
George Leibowitz, Hedgerow Drive resident and with the UVM Social Work
Department working with homeless and substance abuse populations, thanked the
town for the open dialogue. Mr. Leibowitz said research shows punitive
intervention and public outcry does not reduce recidivism and address
criminology. It is legitimate to be concerned when there is the personal
perspective of raising children in the community. Vermont is a restorative justice
state that values justice. The state only has 300 beds for transitional housing.
Department of Corrections echo the need for balancing community safety with
appropriate supports and services. Community dialogue, support, and
accountability work hand-in-hand. There is concern the pendulum can swing to a
punitive intervention when there is fear and simultaneously needing to
acknowledge people’s legitimate concerns. It is a wonderful step to have dialogue
and that tends to make a difference in a state like Vermont. Gary von Stange said
Shelburne has proven over and over it holds strong values, but it is a balancing act
between that and the legitimate interest of providing the community with a safe
and peaceful place to live.
Diane Rooney, Shelburne resident, stated rather than having a polarized view
trying to find a way to recognize the challenges and concerns of the neighborhood
and provide help to those at Harbor Place is appreciated. When there is fear it is
natural to want to get rid of the problem, but Shelburne wants to be a community
that is inclusive and welcoming. There are challenging problems that all have the
opportunity to work with and can take pride the community is trying to do that. It
is hoped the conversation will continue to find a real solution so that the
neighbors feel safe and the town can continue to help people in need.
Abby Baldwin, Harbor Place resident, thanked the town for letting her family be a
part of the community and to show a face of the people who live at Harbor Place.
Ms. Baldwin said she is at Harbor Place due to a domestic issue and was in a
situation where she had no place else to go. There is definitely a need for Harbor
Place.
Joan Lenes, Shelburne resident since 1978 and Meals on Wheels driver for 28
years including delivery to Harbor Place, said there are programs at Harbor Place
for the residents. There is community. Issues of addiction, poverty, and fear are in
all the neighborhoods in town, just a little more hidden than at Harbor Place. The
town always wants to be at the table to try to figure out solutions.
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Jim Street, Hedgerow Drive, stated there is a need for an organization like Harbor
Place, but no one explained what Harbor Place is to the neighbors before it was in
place which happened very quickly. There is not much transparency to the
neighborhood on the vetting of people at Harbor Place. Mr. Street mentioned
when his children were growing up there was not concern in the neighborhood for
safety and security and people did not lock their doors except at night, but now
the neighborhood has changed and people lock their doors when they get home
from work. Perhaps putting a face to those operating Harbor Place and the
residents will help alleviate fear.
Shawn Barone, 241 Hedgerow Drive, stated the concern is allowing violent
people at Harbor Place and the screening that is done that allows this. The zoning
laws as to how the place is operated need to be reviewed so there is better control.
Brenda Twerpy, CFO of Champlain Housing Trust, thanked the town for working
with Champlain Housing Trust and for the comments from the public. Ms.
Twerpy mentioned steps are being taken to address issues and operate a hotel that
is safer, less expensive, and has better results because of the service on site for the
people who need them. The following was noted:
o Guests at Harbor Place include a wide variety of people such as veterans,
flood victims, elderly, victims of domestic violence, children, people who
are sick or homeless.
o Case management is provided by Women Helping Battered Women,
CVOEO, Community Health Center of Burlington, Howard Center, and
UVM Medical Center.
o Rooms were provided for 593 households in the first 11 months of
operation of Harbor Place.
o Rent affordability is an obstacle and Harbor Place is addressing the lack of
affordable housing.
o People at Harbor Place are twice as likely to find housing and nine times
as likely to be working with a service provider. Harbor Place is doing this
at 2/3 the cost to the state.
o Harbor Place places a heavy emphasis on security and behavior. Drug
dealing and prostitution are not wanted. Harbor Place is dealing with a
vulnerable population so safety and security for them is a big concern.
Guests at Harbor Place must sign the house rules that prohibit public
intoxication, disturbance, drug activity or behavior that results in law
enforcement. Penalty for violation is a 30 day ban from Harbor Place up to
a lifetime ban.
o The state has been told not to send people to Harbor Place who they know
have been in trouble.
o Champlain Housing Trust agreed to reimburse Shelburne Police for calls
over a threshold and paid over $12,000 last year for extra calls.
o There is on site security from closing time to early morning plus two staff
members who reside at Harbor Place and two staff members who operate
and manage the facility. There are security cameras around the site with a
direct feed to the police. There is a fence.
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o More calls to the Shelburne Police is due to the higher level of vigilance.
Two drug busts were called in by staff. The dealers were not guests of
Harbor Place. The Econolodge was a stop in the past for this type of
activity, but Harbor Place wanted none of it so there was a high volume of
calls to police when Harbor Place opened. Other hotels where the state
sends people tolerate this activity, but Harbor Place does not.
o Harbor Place has zero prostitution. There is an 8 PM curfew for guests.
Staff supplies security. People have to sign in and out with a picture ID to
stop people from coming and going at all hours.
o A survey of the residents at Harbor Place showed they like the security
and enforcing the rules which makes the place safe.
o There has been a 20% decline in calls to police from the previous year.
Staff looks at the call reports each night. If there is a challenging issue it is
an organizational issue, not just the staff in Shelburne. E-911 logs are
reviewed. There are calls not related to crime, such as police seeking
people for child support for example.
o The effort should not stop for improvement at Harbor Place. Champlain
Housing Trust is working with state and local groups to open a cold
weather shelter in Burlington which is needed and will allow Harbor Place
to focus on families and children because there are more options available
to them at Harbor Place. There is a playground built through donations
from the community and a community garden with the help of volunteers.
Every school bus is met if there are children from Harbor Place. Shelburne
Taxi will take intoxicated guests to Act 1 any time of the day or night.
o The state has an interest in eliminating hotel stays which were meant to be
a stopgap, not a solution.
o Harbor Place continues to look for ways to reduce use of police and rescue
services. When Harbor Place first opened it was thought having a police
cruiser parked there would be helpful, but unfortunately it gave the
impression that the police are needed at Harbor Place all the time.
o Shelburne Town Manager was asked to provide the number of nonreimbursed EMS calls and Champlain Housing Trust will work with the
hospital to get the town reimbursed.
o The people of Shelburne are thanked for their help.
o Tours of Harbor Place will be offered (small groups must register at desk).
o Champlain Housing Trust appreciates the invitation to meet with residents
and explain Harbor Place, and asks to be included in community events
and discussions.
o To address rumors:
 Champlain Housing Trust is not buying another hotel in Shelburne,
but is talking to Mr. Pomerleau about property next to Harrington
Village behind the mobile home park for some small “green
homes”.
 Real estate brokers were contacted to determine whether property
values have decreased around Harbor Place and they said there has
been no change.
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
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The owners of Bueno Appetite are selling by choice and not
because of Harbor Place.
 There were no negative postings about Harbor Place on Front
Porch Forum.
 Champlain Housing Trust is a non-profit, but is also a citizen and
taxpayer in Shelburne paying about $120,000 in taxes per year.
Michael Munte, COO of Champlain Housing Trust, confirmed work will continue
with the state to make the transition so people are not housed in hotels, but in
permanent housing. Harbor Place is not expected to remain a hotel forever, but at
some point to transition to permanent housing. There have been discussions with
the state about Harbor Place being more family oriented with only families being
referred there. Champlain Housing Trust is looking at the zoning changes that are
planned by the town to see if there is opportunity to do something different with
the property.
The Selectboard made the following comments;
 John Kerr thanked everyone for describing what is going on at Harbor Place. Mr.
Kerr said after review of the strategic plan for Champlain Housing Trust it is
apparent there is a lack of security for these facilities. Given the rapid transition to
Harbor Place from Econolodge growing pains are being experienced and to make
things better concerns needs to be addressed going forward. Extra steps need to be
taken to address issues with the businesses in the area.
 Toni Supple suggested some short term steps that can be done immediately such
as increasing security and having on-site security personnel, two officers at least,
24 hours a day seven days a week to help deter having Shelburne Police at Harbor
Place all the time.
 Tim Pudvar stated the Hullcrest neighborhood has changed and not necessarily
due to Harbor Place alone. The Selectboard asked Harbor Place to call the police
in order to keep out people who are not wanted, but police coverage is for all of
Shelburne, not just a portion of Shelburne. Vigilance in the neighborhood, locking
doors and cars is the world we live in.
 Colleen Parker agreed there is a need for the type of facility like Harbor Place, but
that does not invalidate the fear of people who live in the neighborhoods around
Harbor Place. When victims live next to people who victimize people like them
there will be problems. An institution with a large number of people in a small
town can overwhelm the police force and no one benefits. Champlain Housing
Trust wants this to be successful and says the state does not want to be in the hotel
business yet the strategic plan for Champlain Housing Trust says the goal is to get
into the hotel business. If Champlain Housing Trust wants a successful model
then starting on a smaller scale and working out the kinks may be a better
approach. Harbor Place may be too much too fast. Ms. Parker said she wants to
help and has a family history of social work and even is a domestic abuse
survivor. Harbor Place must be safe for the entire community.
 Gary von Stange reiterated the balancing act of helping people while making sure
residents are safe. There were 185 calls to Harbor Place this year. The town
spends $2.3 million per year on the police department with 12 full-time officers
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and is not in the position financially to hire more officers to provide 24 hour
coverage for Harbor Place. The town is not against helping those in need, but is
against the criminal activity that is taking place as a result of some of the people
staying at Harbor Place and other hotels up and down Shelburne Road. All the
parties are committed to addressing the concerns that have been expressed. The
zoning change by the town may present opportunity for longer term housing
which may help the situation.
11.
CONTINUED PUBLIC HEARING: Amendment to Zoning Bylaws to
increase building height at Wake Robin to 48’
The public hearing resumed at 9:33 PM. Joe Colangelo reported there is no official
agreement between Wake Robin and the Water Commission on the tank and no new
information since the last meeting.
Toni Supple said she would like to see the project move forward. The Planning
Commission has vetted the project. How difficult the negotiations on the water tower
have been and reneging on verbal agreements is troubling. The town wants to have an
adequate water supply and clean water for the residents. It would be irresponsible for the
Selectboard to take on the liability of a known fire suppression issue. Ms. Supple
suggested continuing the hearing to May 26th or June 9th because other information could
emerge, but a time limit needs to be set on reaching an agreement.
Colleen Parker said the issues of zoning and the water tower should not be connected and
the Selectboard vote is not “for sale” if Wake Robin does what the town wants. Wake
Robin residents having to boil water to have safe drinking water is appalling. Having no
way to clean the tank and maintain proper fire suppression is also appalling and must be
addressed. Approving amendments to existing regulations questions even having
regulations in the first place.
John Kerr stated the two issues (zoning and water) should not be connected. Wake Robin
brought forth a zoning amendment for building height and the conversation went in a
different direction. The perception of the Selectboard acting or not and then something
will happen does not make sense.
Tim Pudvar agreed with decoupling the two issues and suggested a vote be taken. The
zoning amendment is a significant change to the current zoning. The plans drawn by
Wake Robin were absent looking at any current zoning and the Selectboard is put in the
difficult position of having to change the zoning that was approved by the voters.
MOTION by Toni Supple, SECOND by Colleen Parker, to continue the hearing on
the zoning change to increase building height at Wake Robin to 48’ until May 26,
2015 or June 9, 2015.
DISCUSSION: The following comments were made:
 Kate Lampton, Chairwoman of Wake Robin Board of Directors,
clarified the situation is not a permit process or question right now so
a decision in favor of the zoning change does not permit the project.
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5/12/15
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Wake Robin recognizes the water problems with the tank and has the
same goals as the town. The zoning changed since Wake Robin was
constructed. The zoning request is for a small incremental difference
from where the building height was before the zoning change (45’).
The increase in height is driven by current construction standards
and ceiling height. It is not unusual to find unintended consequences
with zoning changes so any change should not be make lightly. In this
instance there is a specific reason to go slightly over where the zoning
was before and the height is consistent with what is constructed. The
change in the regulation addresses consistency by only allowing the
building of 48’ taken in context with buildings around it. The issues of
water quality, fire suppression, and access will be addressed when a
permit application is brought forward. The town will have a say in all.
The project was started knowing there would be issues. There have
been conversations with the town outside of the zoning change. Wake
Robin knew the zoning was changed and thought this could have been
an unintended consequence.
Diane McCarthy, legal counsel for Wake Robin, said it seems it was
an oversight when the zoning change was made not to carve out Wake
Robin and another area of the village. A further change was made for
the village area. The Wake Robin request was made based on the
change in the village as a correction or small additional change.
Dean Pierce clarified there was a combination of zoning changes and
Wake Robin may have been inadvertently left out or an unintended
consequence. Regarding the Selectboard taking action that benefits a
small number of people and triggering more action, that situation has
already occurred. There have been numerous zoning changes
including to allow some expansion of the shopping center, making
Folino’s restaurant legal, allowing higher heights in the village, and
with the definition of “light manufacturing”. Staff notifies people of
zoning changes. Requests for zoning changes are heard by the
Planning Commission and often are forwarded to the Selectboard for
consideration. The zoning ordinance is not static.
Ron Bouchard, Chairman of the Planning Commission, noted the
Planning Commission approved the request for building height
because the height and standards for ceilings have changed, the
project is isolated and relates to the surrounding buildings, the
location of the building is on a slope, and Wake Robin has been a good
neighbor and contributes to the community.
Patrick McKee, Wake Robin CEO, agreed there are two water
problems to be resolved, one with the town water tank, and one with
the Wake Robin water system. The town engineer and Wake Robin’s
consulting engineer are not in complete agreement on a solution as
yet. Wake Robin has no interest in putting the residents at risk. The
matter will be resolved. There is a third engineering firm looking at
the Wake Robin water system. Town water comes into the town tank
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on Wake Robin property and water goes into the Wake Robin system.
The consulting engineer looking at the tank suggested a solution that
should be tried prior to building a second tank.
 Joe Colangelo confirmed the Water Commission and Wake Robin are
trying to come to an agreement to benefit Wake Robin and the town.
That agreement has not yet been reached.
AMENDMENT TO MOTION by Toni Supple, SECOND by Colleen Parker,
to continue the hearing until June 9, 2015.
VOTING on motion as amended: one aye, four nays (von Stange, Pudvar, Parker,
Kerr); motion did not carry.
MOTION by Tim Pudvar, SECOND by Colleen Parker, to close the public hearing
on the zoning change to building height at Wake Robin. VOTING: unanimous;
motion carried.
The hearing was closed at 9:59 PM.
MOTION by Toni Supple, SECOND by John Kerr, to amend the zoning bylaws to
increase the building height at Wake Robin to 48’. VOTING: 0 ayes, 5 nays (von
Stange, Pudvar, Supple, Parker, Kerr); motion did not carry.
2ND READING ON PROPOSAL TO AMEND SHELBURNE’S PARKING
ORDINANCE TO ELIMINATE OVERNIGHT PARKING ON CHURCH
STREET
MOTION by Colleen Parker, SECOND by Tim Pudvar, to read the ordinance by
title. VOTING: unanimous (5-0); motion carried.
12.
Gary von Stange explained there have been several cars parked on Church Street with
“For Sale” signs for extended periods of time. The ordinance amendment will no longer
allow parking on Church Street. There were no further comments.
MOTION by Colleen Parker, SECOND by John Kerr, to accept the 2nd Reading of
the amendment to the parking ordinance, Section 2.0, to eliminate parking on
Church Street pursuant to 23VSA§1008 and §147.1.4 of the town charter in advance
of the public hearing on May 26, 2015. VOTING: unanimous (5-0); motion carried.
13.
EXECUTIVE SESSION and/or ADJOURNMENT
Union Negotiations & Town Manager Evaluation & Possible Real Estate Issue
MOTION by Tim Pudvar, SECOND by Colleen Parker, to go into Executive
Session under the provisions of 1VSA§313 to discuss union negotiations, Town
Manager evaluation, and a possible real estate issue where premature public
knowledge would place the town at a substantial disadvantage, and to invite the
Town Manager to attend. VOTING: unanimous (5-0); motion carried.
Executive Session was convened at 10:02 PM.
RecScty: MERiordan