Race to the finish
Flying high
Selectboard candidates tackle questions facing Shelburne
Shelburne’s Megan Nick wins bronze in Beijing
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Volume 51 Number 7
shelburnenews.com
February 17, 2022
Shelburne could face records lawsuit
Ice waves
MIKE DONOGHUE CORRESPONDENT
Saying the chairman failed to act in a timely fashion on two public records cases, the Shelburne Selectboard has voted unanimously to reject appeals from police chief Aaron Noble and former town planner Dean Pierce. Both Noble and Pierce attended the Shelburne Selectboard meeting last week expecting their unrelated appeals for access to public documents would be heard. Town manager Lee Krohn earlier refused to provide some public records sought by both men. Noble and Pierce were each contesting respective rulings made by Krohn in their cases, and both emailed their appeals to selectboard chairman Michael Ashooh as provided under the law. Selectboard member Mary Kehoe, a lawyer, noted that, under the Vermont’s
Fred Morgan captured these “ice waves” on the beach at Shelburne Farms, looking north.
See PUBLIC RECORDS on page 9
CVU emerges from January COVID-19 flare-up SCOOTER MACMILLAN STAFF WRITER
As the number of positive COVID-19 cases falls at Champlain Valley Union High School in February, school is getting a bit more back to normal. Since the infection rate at the school jumped dramatically after the holiday break, the month of January was spent with a modified schedule to reduce personal interaction at the school. When students returned for the first day after the holiday break, principal Adam Bunting said 30 students tested positive. To cope with the sudden rise in positive
cases, the school adjusted the schedule, including stopping the C3 portion of the day where the school sets aside 25 minutes for students to interact in activities that, before this year, were extracurricular and only happened outside of school hours. Bunting said the three C’s in C3 are community, clubs and connect time. It was adopted at the beginning of the school year to give students the opportunity to be involved in activities that some might be excluded from, particularly those who don’t have transportation other than the school bus. The C3 program was dropped from the schedule in January because, although there
are a wide variety of activities students can sign up for during this time, they almost all involve interaction that is not socially distanced. Last Monday, the school added the C3 period back into the school day. “We will be ready to pivot if our numbers change. It’s clear that our case count peaked in mid-January,” Bunting said in the school newsletter. “Our goal for the next month is to remain alert while maximizing opportunities for our students to engage with their academics, interests and friends.” Although the peak of 30 positive cases a day was alarming, it was short lived. He said within a week the number of positive cases
dropped to around 17 a day. “The number just kept dropping and dropping to the point where the past week we’ve had zero cases,” Bunting said. After the holidays the absentee rate was over 15 percent of students. There was also a high absentee rate among teachers. Now, they’ve had several days where the absentee rate is about 3 percent, which he said is lower than the percentage of students who would be absent on a normal winter day. During the peak of COVID-19 cases, an extra lunch period was added so the lunchSee COVID-19 on page 12
Page 2 • February 17, 2022 • Shelburne News
Residents want Noble’s cruiser back in Shelburne MIKE DONOGHUE CORRESPONDENT
The black unmarked police cruiser assigned to Chief Aaron Noble, who is on extended leave, may soon be back within the town of Shelburne for use by the department. Since shortly after Noble went on sick leave in late December, Shelburne officials have been asked multiple times both at public meetings and outside of them when the taxpayer-owned police car would be available for use by acting chief Mike Thomas or the department. There wasn’t much movement by town officials on the issue for over a month, but last week local resident Linda Riell asked again at the Selectboard meeting — and she was a little more pointed. Riell questioned when Thomas and officer Bob Lake would be going to Noble’s residence in Williston to retrieve the parked unmarked police car. “I have no idea,” selectboard chair Michael Ashooh said. “There are no plans to do that,” town manager Lee Krohn said. “You may want to ask Aaron Noble’s attorney.”
Krohn said the town had not reached out to Noble because he was represented by lawyer Norman Blais. When Riell pressed further, Ashooh said, “Aaron is an employee and part of his contract is to have a cruiser and that’s kind of where we are.” But it turns out Noble does not have an employment contract with the town of Shelburne. The Shelburne News asked Krohn after the meeting for Noble’s contract to see what other benefits town taxpayers fund, but the town manager said he was unaware of any contract. It was later confirmed Noble never received a contract when he was appointed police chief by then-town manager Joe Colangelo in February 2018. By coincidence or otherwise, the cruiser was soon on the move after the meeting. Thomas subsequently told the Shelburne News that the unmarked police car had made its way from Williston to South Burlington and was in a garage for service. Thomas said he was waiting for word when the cruiser would be ready to make its way further down U.S. 7 to Shelburne.
New fire, rescue station The Selectboard voted to borrow up to $680,000 for the proposed fire and rescue building lot near Rice Lumber on U.S. 7. The town is still not ready to move forward with construction but wants to make sure that the piece of land eyed for the project is controlled by the town. Krohn said a two-year note is planned and the town expects to pay only the interest until a final decision is made about the site. He said the town has secured a favorable interest rate of 1.15 percent from Union Bank. Healthy Living was expected to partner with the town for property upgrades, but the store has put its plans on hold, Krohn said. Shelburne voters approved buying the lot at town meeting last year. The board gave final approval for the location in December and that triggered a closing within 90 days, he said. The borrowing was expected to be $650,000, but some additional costs came along. Krohn said they included title insurance, legal fees, closing costs and some small amounts owed to Healthy Living for work last year.
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Sean Moran, who is running for a seat on the Shelburne Selectboard, asked what happens to the town if Healthy Living doesn’t find a new partner over the next two years. Krohn said there will be a few options, including refinancing or finding another partner to share the cost of infrastructure work. The town also could sell the property if it wants to head in a new direction.
In other action The selectboard postponed consideration of approving a proposed 5-year contract with the police union. The issue was removed from
the agenda when the meeting started. The police union approved a memorandum of understanding that outlined the terms of the contract the night before the selectboard meeting on Feb. 8. The board held off because the contract had not been put into its final written form, officials said. Krohn also told the board that one or more vandals shot out three of the four new flashing red lights attached to stop signs at Falls and Marsett roads. He said the damage was done by a BB gun and then somebody cut the wires that connect the solar panel to the battery. “Most unfortunate,” he said.
Shelburne Parks & Rec News Adult programs Gentle yoga for adults
Essentrics
Join instructor Kay Boyce for this gentle yoga class, with attention to correct alignment, breath work and stretches. Build strength, tone muscle and find new flexibility. This class is great for those new to yoga or who simply want to enhance their personal yoga practice. Bring your own yoga mat and a cotton blanket or large beach towel. Session dates are on Thursdays, Feb. 24 to March 17 at the town gym, 9-10 a.m. The fee for the four-week session is $50; $60 for non-residents.
A full-body workout that will rebalance the muscles in your body through a dynamic and fluid combination of strengthening and stretching. By developing strong, lean muscles, the technique helps improve your posture and overall mobility. Perfect for men and women of all fitness levels. The music is great too. A mat and water bottle are all you need to participate. Registration deadline is Wednesday, March 2. Session dates are Tuesdays, March 8 to April 5, 8:30 to 9:30 a.m. in the town gym with instructor Sherry Senior. The fee is $80.
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Shelburne News • February 17, 2022 • Page 3
Community Notes Shelburne Food Shelf holds open house The Shelburne Food Shelf will be open at the town offices next week on Tuesday, Feb. 22, Thursday Feb. 24, and Saturday, Feb. 26. Everyone must signup in
advance in order to shop. Call 802-622-3313, ext. 3, with questions or for assistance signing up. Remember to arrive on time for your appointment, fully masked and prepared to answer COVID19 health screening questions before entering.
Garden experts talks songbird, garden habitat
News from Pierson Library To mark Black History Month in February, Pierson Library staff organized a special display of books covering issues of race and racism, diversity and social equity. Several noteworthy new titles by Black authors continue to enhance the library’s collection. “Call Us What We Carry” is a poetry collection by Amanda Gorman, who read at the inauguration of President Joe Biden last year and is the youngest poet to deliver a poetry reading at an inaugural event. Her poem, “The Hill We Climb,” which captivated the world, is included in this new book published late last year. At 24, Gorman is the first person to be named National Youth Poet Laureate. An emotional memoir, “The Deeper the Roots,” recounts Michael Tubbs’ life trajectory from
growing up impoverished to a scholarship at Stanford University, an internship in the Obama White House, and finally to becoming the first Black mayor of Stockton, Calif., and the youngest elected mayor in the U.S. in 2016. “Unbound: My Story of Liberation and the Birth of the Me Too Movement” by social activist Tarana Burke, who founded the Me-Too movement, has won critical acclaim, being recognized as a Best Book of the Year for 2021 by Time, Library Journal and others, and Best of 2021 by Audible. Burke’s memoir is an empowering account of overcoming abuse with conviction and courage. Look for these books and others in the recent acquisitions display near the adult circulation desk on the second floor. — Charlotte Albers
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The food shelf’s current needs list can be found at shelburnefoodshelf.org. The food shelf will hold an open house on Election Day, Tuesday, March 1, in its newly expanded space. Stop by and learn what they do and how you can help.
Charlie Nardozzi offers Gardening for the Birds at the next Charlotte Senior Center Wednesday lecture on Feb. 23. Many gardeners are rightfully concerned about the decline of songbird populations. Although much of the problem stems from bigger issues — habitat loss, climate change and agricultural chemicals — home gardeners can help. Nardozzi will highlight ways to help migrating and overwintering birds by growing the right plants, properly feeding the birds and providing water, shelter, nesting sites and habitat in our yards. The free, in-person lectures start at 1 p.m. Questions? Leave a message at (802) 425-6345 or visit charlotteseniorcentervt.org.
Garden club delivers cookies for Age Well On Feb. 11, members of the Burlington Garden Club delivered 360 homemade, decorated and individually wrapped heart-shaped Valentine’s cookies to the home of Mary Scollins. Later that day, they were picked up by a representative from Meals on Wheels for delivery on Valentine’s Day. This tradition began in 2014, spearheaded by current Burlington Garden Club co-president Jan DeSarno. Working with Age Well nutrition and wellness director Chris Moldovan, DeSarno has seen what began as a small service project, expand into a yearly endeavor. This year DeSarno and her granddaughter Sophia and grandson JD expanded the Valentine cookie endeavor to include the South Burlington Food Shelf.
Civically involved students can apply for scholarship Applications are now being accepted for the Winona Smith Scholarship program. Created in 1998 to honor the
legacy of League of Women Voters leader Winona Smith, the scholarship is awarded annually to local high school seniors who embody civic participation and community service. Four $1,500 scholarships will be awarded to students who demonstrate financial need, scholastic achievement and come recommended by a teacher. Scholarship details can be found at bit. ly/3GJtzhI. Applications, due on May 1, can be completed online. Students need to submit two 500-word essays, one on voting rights and the other on the impact of a recent civic, national or world event. A letter of recommendation from a teacher is also required. Recipients will be announced June 1. Questions? Contact Becky Miller, lwvofvt.edfund@gmail. com.
Upcoming blood drives Saturday, March 5, 7:15 a.m.-4 p.m., University Mall, 155 Dorset St., South Burlington. Tuesday, March 8, noon-5 p.m., St. Catherine of Siena, 72 Church St., Shelburne.
Page 4 • February 17, 2022 • Shelburne News
Balancing the tight rope between très bon and not too très bon stick out your middle finger. It means a bad word.” As she buckled up her car seat, Scooter MacMillan she contemplated the idea of a bad The first time I went to Bethle- word. She knew that saying shut up is bad, but this middle finger hem I didn’t follow a star. seemed to mean a word GPS got me there that’s of a more serious just fine, although I did class of badness. drive a Saturn. Finally, she hypothInstead of three esized, “I think it means wisemen, just a smarthe ‘A’ word.” tass granddad, coming My innocent to a little town in New daughter’s profanity Hampshire to celebrate vocabulary is limited. my grandangel’s birth She doesn’t want to let and help with the swadmy grandangel know dling. she isn’t sure what the Scooter MacMillan A few weeks ago, official bad ‘A’ word is. when my daughter She has ideas, but she picked up the granjust leaves these suspect words dangel after kindergarten, she hanging there, unmentioned, climbed into the car announcing, unidentified, untold. “Mom, you’re not supposed to
Press Play
Rather than stepping into a bad-word ‘A’ hole, my daughter just said, “Oh.” But when they got home, as soon as my daughter could get on the phone by herself, she called the kindergarten teacher to see if she had any insight into the 6-year-old lexicon. The kindergarten teacher thought my grandangel and her classmates have decided the ‘A’ word is “adult.” Apparently, the kindergarten class has decided the supreme insult is to give someone the middle finger, essentially calling them out for all the world to see, for acting like an adult. Seems about right. I’ve coasted through life in an almost middle-finger-free zone. People have seldom accused me of acting like an adult.
I imagine I’m like most people. I try to choose life supersized with extra zest. I strive to make every second first. In other words, I like to play very much, but I don’t want to play too much. I like to play right up to the too-much line without crossing it. I really don’t like to play so much that I irritate or — even worse — hurt people by saying something I thought was funny but is actually insulting, inconsiderate or dismissive. Still, I do hate it when I pass up an opportunity to play full tilt, right up to the too-much line because of apprehension or fear of crossing the line and playing too much. I like to play until after dark, until I absolutely must come in. I really like it when the fun is très bon but not too très bon and all the streetlights have come on. I imagine this is the way most of us are. Being an adult is a lifetime learning process without a graduation.
It would be great if a passion for play combined with a dedication to not play too much defined my identity, but I suspect I’m not unique in this regard. In fact, I’m pretty sure this is the way most of us are — wanting to play and be funny without hurting anyone. It’s all fun and games until you say something offensive. A mindless play on words can be thoughtlessly mean. I’m not sure how well I’m teetering along the line between just enough and not too much, but I do take pride in how my grandchildren regard me. They clearly think I’m weird. Recently when my 3-year-old grandson was told I was coming for dinner, he told my daughter, “Great. I like that dude. He’s a good guy.” I don’t think I’ve ever gotten that level of affirmation before. And because I’m a good dude in their eyes, for the time being there’s a good chance my grandangels won’t be pointing at me with the adult finger.
Shelburne News
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Shelburne News • February 17, 2022 • Page 5
OPINION Letters to the Editor Should Shelburne really be at mercy of developers? To the Editor: In response to the news story, “Residents want to block 100 homes in Shelburne,” I am writing to provide more information about what should be concerning to all Shelburne residents, not just those that live near this specific Brandon-Crombach proposal behind 2882 Shelburne Road. (Shelburne News, Feb. 10, 2022) The Brandon-Crombach development has been submitted using Shelburne Road form-based overlay and proposes over 110 residential units in multiple three-story buildings in the mixed residential district, not bordering Shelburne Road. It is a 6.22acre parcel that is currently old growth forest with one single-family home and is partially in the lakeshore overlay district. By using the form-based overlay, the developers are allowed four times the density that is allowed in Shelburne bylaws for this residential district. This is the first development that is being proposed in a residential area to use the form-based overlay and all of Shelburne is just now waking up to the level of density permitted in this neighborhood of primarily single-family homes. Form-based code is designed to make it easier for developers to get applications approved. It removes the normal checks and balances provided by the review process outlined in our zoning bylaws. This means that the town has given up its oversight power to ensure that proposed new structures fit Shelburne’s environment. Residents and neighbors also find their hands are tied and their input has no impact, they have no options to work with developers or the development review board to modify any proposal to be in keeping with the surrounding area.
To address Selectboard chair Michael Ashooh’s sympathies that he “experienced the same thing when a large Kwiniaska Ridge development happened near his neighborhood” — that development proposal was originally 122 units on a 53.5-acre parcel — neighbors in Shelburne Ridge were afforded the chance to have this before the development review board at least 16 times over four years and in the end 87 units were approved. Eighty-seven units on a 53.5-acre parcel is incredibly different than 110 units on a 6.22-acre parcel. I encourage residents who share these concerns to go to change.org and sign the petition titled Protect Shelburne Neighborhoods. If indeed everyone’s hands are tied as the development review board, planning commission and selectboard have stated, then our town and its residents are at the mercy of developers. With enough voices, we can force the selectboard to address these concerns. Nancy Badami Shelburne
Elect Matt Wormser to Shelburne Selectboard To the Editor: I am very pleased to support my longtime friend and neighbor Matt Wormser in his bid for a seat on the Shelburne Selectboard. I have known him for 20 years as we (and our spouses) parented our kids through the ups and downs of Shelburne Nursery School, Shelburne Community School and Champlain Valley Union. Many things stand out for me about Wormser, but what rises to the top is his willingness to take a leadership role in gathSee LETTERS on page 6
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Page 6 • February 17, 2022 • Shelburne News
LETTERS
continued from page 5 ering people together to connect, to support good causes and to pitch in for the good of the local community. Whether it be organizing beach night potlucks in the summer, come-one come-all soccer games in the fall or pick-up hockey games on the rink he maintains in the winter, there is always an email in my inbox from him with an
invitation to connect with friends and neighbors. At a time when mental health issues and isolation are challenging adults and kids alike due to the pandemic, these connections are more important than ever. His leadership extends to inviting neighbors to donate to the new Shelburne beach house, advocating for school board annual budgets
and rallying support for the elementary school renovation of a few years ago. Matt Wormser is a grassroots community organizer and problem solver and someone who can be counted on to step up and lean in for the good of our community. Maria McClellan Shelburne
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To the Editor: Regarding the news story, “Residents want to block 100 homes in Shelburne,” it’s simple: adding more car traffic and less foot traffic equals bad idea. (Shelburne News, Feb. 10, 2022) Mark Bonfigli Shelburne
Moran always puts people first To the Editor: I will vote for Sean Moran for Shelburne Selectboard on March 1. I hope you will, too. Several years ago, I became a
member of the Charlotte Senior Center, where many Shelburne residents also go. Among the programs I’ve enjoyed, Moran’s monthly play reading was one of my very favorites. He shared his talents and experiences in drama and film. He spent many hours choosing plays and assigning appropriate roles for all of us. Due to its popularity, there was a waiting list. He always made it fun and even extended it to a screening program of award nominee films. Moran also volunteers with the Age Well Program monthly in Shelburne, and weekly in Charlotte. Their mission is to provide support and services to people over 60 years of age. I believe the citizens of Shelburne will benefit greatly with Moran on the selectboard and, as always, he will put people first. Ellen Zuk Shelburne
Wormser just the right fit for Shelburne To the Editor: I am writing to support Matt Wormser for Shelburne Select-
board. I believe Shelburne is at a crossroads. Economic development, natural resources, environmental conservation, reconsideration of zoning bylaws, human resources and upcoming and expensive capital investments are all at the fore. Any one of these issues, alone, would be a heavy lift. Combined, the future selectboard will have its hands full, to say the least. For this reason, we need someone with prior public service, deep commitment to Shelburne and budgeting experience to fill the seat. Wormser fits the bill. He has lived in Shelburne for almost 20 years and, with his wife, raised his two children here. He has coached many Shelburne kids in any number of sports, has volunteered at Shelburne Community School and, importantly, served on the school board for many years. He has a demonstrated commitment to Shelburne, the experience of public service and the bandwidth to serve our community. Now that his children are grown and his job no longer requires that he travel, he is eager to resume See LETTERS on page 7
Shelburne News • February 17, 2022 • Page 7
LETTERS
continued from page 6 his service to the town. We need someone who can dig in their heels and pay thorough attention to the myriad issues facing our town. Wormser is the person for the job. Mary Kehoe Shelburne
Keep Pond Road just as it is — please! To the Editor: One recent budget proposal was a request for additional funds to pave Pond Road based on car usage. A call to the Vermont Agency of Transportation assured me there is no law or regulation regarding the volume of traffic and paving. All those decisions are entirely up to the town. Rather than adding another impermeable surface to our town road network, we could
consider leaving Pond Road unpaved as an asset, a town treasure, and designate it a scenic road. Pond Road has agricultural, historical and recreational significance. It is a valuable wildlife corridor and a sanctuary for amphibians and migratory birds. And it’s beautiful, from the wide expanse of Broad Meadows Farm (conserved) to the sweeping view of Shelburne Pond. Precisely because of fewer cars and lower speeds, Pond Road is a good safe resource for recreation. You might share the road with families and strollers, runners, bikers, dogs walking their people, farm vehicles, horse riders and wildlife. After a good snowfall the roadsides are perfect for cross-country skiing and link to the VAST trails. Pond Road isn’t just a way to get from one place to another as fast as possible, it’s an experience of the
senses to savor and enjoy. Last, I strongly encourage our town government to make all future decisions keeping climate change top of mind. Rosemary Sadler Shelburne
Vote for Wormser for Shelburne Selectboard To the Editor: I’m writing to express my support for Matt Wormser as the next Shelburne Selectboard member. We are lucky to have a person of Wormser’s professional experience, education and his deep commitment to community building, to represent us on the selectboard. Wormser loves this town, and he is a caring and thoughtful person who I trust to make good
decisions. Good luck and thank you for running. You have my vote and confidence. Toben Galvin Shelburne
Housing project not what planners planned for To the Editor: The Crombach-Brandon proposal includes 110 apartments and 220 parking spaces on a 6.22acre old-growth forest between Shelburne Road and the railroad tracks. It would pack 300 residents and dump hundreds of cars onto the busiest point of Shelburne Road, all with virtually no green space. (“Residents want to block 100 homes in Shelburne,” Feb. 10, 2022) This development is being permitted under the relatively new form-based code process. Unfor-
tunately, the form-based code inadvertently allows three-and-ahalf story buildings in the middle of established neighborhoods of single-family homes. Several people have gone on record in town meetings indicating this development density was never intended. The complex 60-page code divides neighborhoods into zones, one for land abutting Shelburne Road, another for land between that and the railroad tracks. Buried within is a table indicating types of buildings allowed within each zone. One person who created the form-based code even stated the box that allows for these kinds of buildings was inadvertently checked off for the zone not abutting Shelburne Road; this density was only envisioned for land See LETTERS on page 12
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Shelburne News • February 17, 2022 • Page 9
According to a report by Leckey Consulting, more people in Shelburne need to engage with economic development to better direct where growth occurs. Do you agree or disagree with that assessment?
Shelburne has recently seen an exodus of police and dispatch personnel. How do you think the staffing shortage affects department morale and the department’s ability to provide police services? What would you like to see done to address the situation?
Many agree that one positive thing that’s come from the COVID-19 pandemic is the state’s housing program for the homeless. Do you support the continuation of the program that utilizes some Shelburne motels to house people?
Do you agree, as some are suggesting, that Shelburne town officials need to be more transparent?
I think the rate is normal but I am not sure the kind of development is. We need to re-think lots that are vacant to be repurposed — Red Apple, Sirloin Salon, Champlain Lanes— and we need to focus more on affordable housing.
Absolutely agree. Shelburne needs to realize that the town is more than the core village. Folks seem to forget Route 7 is a huge part of Shelburne.
I have met with acting chief Mike Thomas to discuss just that. Passing of the union contract is a huge plus. Also, once the department can move on from the cloud it is under, we can work to build a stronger department. Let’s not forget this is not just a Shelburne problem. Burlington’s force is down to 62 from 90-plus police officers and they offer a $15,000 signing bonus.
Along with many other cities in Chittenden County, yes Shelburne has done its part. I believe there needs to be more wraparound services to enable the clients to help themselves out of a scary situation, like homelessness.
Absolutely, from the selectboard and across every department. We cannot go back to the opaque board of five years ago.
Shelburne and the larger Chittenden County face two key challenges. Many more people want to move here relative to our housing stock, driving up median home prices by roughly 50 percent since pre-pandemic. Burlington was recently named the sixth hottest real estate market in the country, which bodes well for anyone looking to sell, but terribly for renters looking to buy or homeowners looking to move into a larger house. This trend will also drive up real estate taxes for Shelburners, as valuations, and thus taxes, increase relative to the rest of the state. We want to keep housing and taxes affordable but love the open spaces and natural resources that drew so many of us to the area in the first place, and thus are reluctant to see the scale and density of some of the development recently proposed within our town. However, those of us passionate about the environment and concerned about climate, just saying no to development within one town most often means development simply gets pushed out farther from city centers, often with more loss of wildlife habitat and higher emissions from transportation than would have been the case had development been focused closer to city centers. In short, there are few easy answers here. The town plan, completed in 2019, looks to focus development along the Route 7 corridor, where access to paths and public transportation are best. In general, I am very supportive of this type of development — focusing on building viable neighborhoods surrounded by as much green space as possible and leaving the larger natural spaces in Shelburne and beyond untouched. Considering a high level of discomfort among many townspeople with the pace of development, I do think it’s worth revisiting elements of the town plan and associated bylaws to ensure that the scale of recent developments is in keeping with the vision of townspeople. At the same time, it remains equally important to keep an eye on the affordability question, as most of us are not looking to have Shelburne become an enclave affordable only to the fortunate few.
Engaged townspeople are the sign of a healthy democracy. I am concerned with the NIMBY effect, by which it’s easier to get people out to oppose developments in their neighborhoods, than out to generate a broader vision around how, where and how quickly Shelburne should support continued development. The 2019 town plan was a document that sought significant public input over an extended period and remains a solid lens through which to consider continued growth. With that said, any document should be a living one, reflective of the current realities of a town. To the extent the plan predated the significant rise in local real estate prices and associated development pressures it is worth re-evaluating relative to current needs.
Staffing departures and shortages unquestionably affect morale and ability to provide services in any organization, let alone one as vital to Shelburne as police and dispatch. There are two key questions: What has been the main driver of those departures and what is the best way to make amends to ensure that these vital town employees want to pursue long-term careers as key members of the Shelburne community. I don’t pretend to have answers to either question now but look forward to working with police and dispatch to help ensure longterm stability in the department.
It is important to me that a relatively well-off community like Shelburne continue to show compassion toward Vermonters struggling with homelessness, and thus I do support continuation of the motel-based program. However, it is equally critical that Vermonters being provided temporary housing in Shelburne act as good neighbors toward permanent residents. Several neighbors and local businesses adjacent to the motels have unquestionably experienced adverse impacts from a small subset of motel residents, and thus we need to continue to work with Champlain Housing Trust to screen residents appropriately, minimize impact on police personnel and neighbors, and ensure that motel residents do their part to be a positive presence within to our community, whether their stay be temporary or long term.
Transparency in government decision making is critical, though a balance always needs to be struck in retaining some ability for closed door discussions where appropriate for sensitive personnel or other issues. Concerns around transparency have come to light around recent personnel issues with the former town planner and police chief, and I am by no means privy enough to the details of their situations to comment as to whether there was too little transparency here. I will say that as a school board member, Vermont’s very proscriptive open meeting laws made communication with other board members challenging at times, not that I was or am opposed to the laws per se. I am confident that as a state and community we are committed to transparency in general, though I’m sure individuals will sometimes disagree on its breadth.
SHELBURNE SELECTBOARD
CANDIDATE
What are the three most important issues facing Shelburne?
In recent months, Shelburne residents seem to be questioning the rate of development. Is the current pace of development appropriate?
Q&A
SEAN MORAN Age: What age would you like me to be for this job? Day job: Published author, actor, director for TV and film. Other town boards/commissions: President of LakeView Cooperative. I have attended selectboard meetings religiously for 10 years.
MATT WORMSER Age: 54 Day job: Health care consultant for athenahealth (formerly IDX). Other town boards/commissions: Shelburne School Board, Shelburne Natural Resources and Conservation Committee, Shelburne Community School PTO.
Candidate Susan Bowen did not submit a completed questionnaire.
Personnel, including Shelburne Police Department, and the need for a town human resources person to make government run efficiently. Building regulation updates to bring more inclusion from the people’s ideas. Keeping and creating our greenspace and coming into better compliance of climate guidelines from the state.
How we balance the threelegged stool of managing development pressures, keeping housing affordable for working Vermonters and protecting the open spaces and natural environment that drew so many of us to the area. How we emerge from COVID-19 a stronger community, more connected to each other, and appropriately resourced for the changing face of work and retail in 2022 and beyond. How we move through recent personnel issues in the town and ensure long stability of staffing and continued success of municipal government.
PUBLIC RECORDS continued from page 1
public records law, when the two men filed their respective appeals with Ashooh, the board had five days to act on each. She said a specific section of the Vermont law noted that the failure to act within the required timeline means the appeal is considered denied. Ashooh acknowledged he did not act within the five-day limit. During the meeting and in a subsequent interview with the Shelburne News, Ashooh said he was unaware the law required board action so quickly. He was the only selectboard member who received the emails appealing Krohn’s decisions. Noble came under fire last fall as the police department and dispatch continued to hemorrhage employees, and a few residents publicly complained about Noble’s commitment to his job. The department has lost 16 officers and dispatchers in recent years and is now down to a half-dozen fulltime officers trying to provide 24/7 patrols in the town of about 7,700 residents. Noble, 53, had declined to help cover patrol shifts, Lt. Michael Thomas, now acting chief, has said. In late December, Shelburne placed Noble on paid medical leave until further notice. Noble asked for records that Krohn had from their meetings about the chief’s performance, and he is also asking for the dates of those meetings. Ashooh participated in some of those meetings. Krohn in December told the embattled police chief the selectboard had lost faith in him leading the department. Krohn in a Dec. 16, 2021, email to Noble included a line, “But at this point, if it is not clear to you, the selectboard has also lost confidence in you as our police chief.” In a Jan. 12 email Krohn wrote, “I held numerous meetings with you personally, and also with you and Lt. Thomas over the course of many months to discuss internal angst and turmoil within your police department, and the ongoing loss of personnel.” In his public records fight, Noble asked the town manager how he was able to say the selectboard had lost faith in him as chief. “Please identity the basis for this claim, setting forth the name(s) of the member(s) of the selectboard who told you that he or she has lost confidence in me, the date(s) of such conversations, and the substance of such conversation(s),” Noble wrote. “If there are any written records of such conversation(s), including any contemporaneous notes or records taken by you relating to the same, I request that I be provided with copies of such records,” Noble wrote. Krohn maintained some records
involve personnel and are exempt under Vermont law. Kehoe said she believed the inaction by Ashooh on the appeals meant both men would have the right to file civil lawsuits in Vermont Superior Court against the town if they want to continue their quest for the records. Because of the importance of public records in governing Vermont, the Legislature adopted a provision in the law that pushes all lawsuits concerning public records past all other cases on the court docket for hearings or trials. South Burlington attorney Norm Blais, who represents Noble, also told the selectboard he plans to use a provision in Vermont law that requires the automatic awarding of lawyer’s fees when a records custodian withholds documents, and the plaintiff prevails. Blais, a Shelburne resident, did say he thought the legal costs that will be charged to the town in the Noble case will be considerably less than the $500,000 the selectboard spent fighting a salt storage facility by Vermont Railway. Shelburne Town Attorney Brian Monaghan said he believed the town would not have to pay legal fees for Noble’s public records case but did not elaborate. Blais is recognized in Vermont as the first lawyer to successfully obtain records and get legal costs covered after the change in the state law. The other benefit of taking a public records case to superior court is that the law allows for the judge to review all the contested documents in private and determine if any were illegally withheld. The Shelburne Selectboard never asked to see what records were in dispute. There was some question as to whether the requested documents were personnel records or personal records. The selectboard later went into closed door session, with Krohn and the town attorney, to consider the a separate work grievance filed by Noble. Vice Chair Kate Lalley told the public the selectboard did not expect to take any action and was planning to adjourn after the closed-door session. As audience members waited patiently on Zoom for the town officials to return to open session, somebody pulled the plug, preventing any questions from the public when the meeting resumed. Krohn said the following day there was no known audio or video recording made of the last segment of the meeting for the public to review. He said he was asked to leave the closed-door session before the public portion would have resumed. It was unclear how the Selectboard planned to correct the action.
Page 10 • February 17, 2022 • Shelburne News
SPORTS CVU blanks Stowe in Valentine’s Day matchup LAUREN READ CORRESPONDENT
Boys’ hockey Champlain Valley 4, Stowe 0: The Champlain Valley boys’ hockey team scored three goals in the third period to pull away for a win over Stowe on Monday, Feb. 14. Angelos Carroll and Devon Fay each had a goal and an assist for the Redhawks, who move to 6-10-1. Harper Anderson and Alex Zuchowski each added a goal, while Owen Pierce dished out two assists. Jack Averill stopped 21 shots in goal to earn the shutout. It was a rebound win for CVU, who fell to Rice 2-1 in overtime on Saturday, Feb. 12. Fay had the goal for the Redhawks, while Jason Douglas stopped 24 shots in a losing effort.
Girls’ basketball
PHOTO BY AL FREY
CVU’s Ryan Canty and goalie Jason Douglas fight to keep the puck of the goal in a hard-fought loss to Rice Feb. 12.
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Shenendehowa (N.Y.) 51, Champlain Valley 36: The girls lost their third game of the season to Shenendehowa, N.Y. on Saturday. Chloe Snipes had eight points for the Redhawks, while Addi Hunter added six points and eight rebounds. With the loss, CVU falls to 12-3. The Redhawks beat St. Johnsbury on Thursday, Feb. 10, beating the Hilltoppers 40-24. Shelby Companion led CVU with 17 points, which saw the Redhawks go on an 11-0 run in the third quarter.
Boys’ basketball Champlain Valley 59, Essex 39: The Champlain Valley boys remained on a roll, winning their 10th game in the last 11 with a victory over Essex on Friday, Feb. 11. Kyle Eaton led the Redhawks with 15 points, while Sam Sweeney added 13. With the win, CVU moved to 13-3.
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Rutland 4, Champlain Valley-Mount Mansfield 1: The Champlain Valley-Mount Mansfield girls’ hockey team fell to Rutland on Saturday. Sasha Miller had the lone goal for the CougarHawks, who are now 9-7.
Shelburne News • February 17, 2022 • Page 11
Shelburne’s Nick wins bronze medal in Olympic aerials LAUREN READ CORRSPONDENT
Prior to the 2022 Beijing Olympics, Megan Nick was looking forward to soaking in the experience of her first Olympic games. She did a little bit more than just enjoy the experience. The Shelburne native and 2014 Champlain Valley High School graduate is coming home with new hardware. Nick won a bronze medal in women’s aerials Feb. 14, clinching her podium finish with a back full-double full on her final jump, for a score of 93.76. “There were a lot of girls on the triple,” said Nick in an interview with the Associated Press. “So, I knew I had to lay down some nice triple-twisting doubles if I wanted to place well in the competition.” The bronze medal finish came as somewhat as a surprise, as Nick was the only skier to not try a triple in the final. The top-three performance came after U.S. teammate Ashley Caldwell, who won gold in mixed aerials earlier in the Olympics, did not land her final jump cleanly and finished in fourth. Xu Mengtao of China won the gold medal with a score of 108.61 and Hanna Huskova of Belarus won the silver. Nick, who picked up aerial skiing as a student at Champlain Valley, is the first Vermont native to medal in the aerials and is the first American to medal in individual aerials since 1998. She advanced to the 12-skier final after hitting her second run in the qualifying round. Nick advanced to the medal round with five other skiers after scoring a 95.17 in her first run. She landed her run in the final, scoring 93.76. Nick then had to sit back and wait as four other skiers tried to knock her off the podium. Only Xu landed her run cleanly — Huskova was the first skier to go in the final — and Nick walked away with the bronze. It was the big result for Nick, who won two World Cup events in 2021 to earn her Olympic berth. But COVID-19 derailed her
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Page 12 • February 17, 2022 • Shelburne News
LETTERS
continued from page 7 abutting Shelburne Road. Simultaneously, residents were invited to a meeting to see an illustration of the code’s intent. This lot showed 18 single-family homes. This process essentially removes any Shelburne Development Review Board oversight. Selectboard chair Michael Ashooh stated he didn’t like the Kwiniaska Ridge project built
near him, which actually highlights the problem. That development was permitted under the old zoning process, it went before the development review board over a dozen times, many changes were implemented based on neighbor feedback, which resulted in a permit for 55 single-family homes and 32 duplexes over 53.5 acres.
Compare that to the Crombach-Brandon project, which sailed through development review after two meetings and repeated comments from the board that “our hands are tied,” resulting in 110 apartments approved on 6.22 acres with the concerns voiced by neighbors ignored. Why are town officials
ignoring 100 neighbors, most who have lived here for decades, and protecting the interest of two doctors who only recently moved into Shelburne? Does this make any sense? Make your opinion known to town manager Lee Krohn, the selectboard and planning commission. We request immediate interim zoning to pause this
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while it’s reviewed. Visit change. org, search “Protecting Shelburne Neighborhoods,” read more and consider signing the petition. Town officials have the moral obligation and legal authority to do the right thing. Our voices must be heard.
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To the Editor: I served for three years on the Shelburne Planning Commission that created the Shelburne Road form-based overlay district. It was a major zoning innovation at the time and extremely complex and detailed. Our focus was on improving the appearance and adding to the economic development of the Shelburne Road corridor in Shelburne. We acknowledged at the time of approval that revisions would likely need to be made as See LETTERS on page 13
COVID-19
continued from page 1 room would be less crowded. The lunch area also expanded into the hallways to make mealtime more socially distanced. The extra lunch period means, Bunting said, ninth graders are eating more of a brunch with their lunch period starting at 11 a.m. The school plans to keep the extra lunch period for a week or so to see how the infection rate goes. Bunting said most students returning after testing positive for COVID-19 have reported mild cases. Most positive cases school officials hear about feature no symptoms or a day of sore throats and sniffles. “Sore throat is the symptom we hear most about,” Bunting said. He points to the school’s high vaccination rate as a reason why CVU students seem to experience milder symptoms. Because some students have missed so many days of school, the school held a “harbor day,” where teachers worked with small groups of 2-10 students to get them up to speed on their studies. Regular classroom instruction was suspended for the day. Bunting said, harbor days are when “you bring all the ships into harbor, restock, refuel, get reset for the journey ahead.” A second harbor day was held Feb. 15.
Shelburne News • February 17, 2022 • Page 13
LETTERS
continued from page 12 we gained experience with using the form-based code. Whether from lack of imagination or lack of attention to every minute detail, it now surfaces that we left the town with a loophole that is a developer’s dream — an opening to build multiple 24-unit condo or apartment buildings three-anda-half stories high in the middle of traditional residential neighborhoods on parcels not fronting on the Shelburne Road, and not visible from the Shelburne Road. This density of people and
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cars and massing of large buildings is not compliant with the stated purpose and intent of the form-based code. There is no explicit language in the code that density and massing of such large scale is desirable in the mixed residential character districts.
I think it is the unintended consequence of filling in a square on a spreadsheet with black ink instead of leaving the square white. Black meant multiple-family and attached dwellings would be allowed in mixed residential character districts while white
meant allowed in the part of the district fronting Shelburne Road. The planning commission has the right to amend the code. It may not be in time to correct the present situation concerning the Brandon-Crombach development application, but it can be in time
to prevent further aberrations like this one. I urge the commission to put review of this narrow but key topic on its agenda as soon as possible. Ann L. Hogan Shelburne
TOWN OF SHELBURNE
WARNING – ANNUAL TOWN MEETING The legal voters of the Town of Shelburne are hereby notified and warned to meet via Zoom (details below) on Monday, February 28, 2022 at 7:00 P.M. to hear about and act upon any items not involving voting by Australian Ballot; and to hold a public hearing on items to be voted by Australian Ballot. The Meeting will then be adjourned and reconvened in the Shelburne Town Center Gym on Tuesday, March 1, 2022 to vote for Town Officers and to transact any business involving voting by Australian Ballot from the hours of 7:00 A.M. to 7:00 P.M.
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TODAY’S 02/11/2022 Article 1: Shall the Town set the compensation to DATE: be paid to the Selectboard for Fiscal Year 2023 (July 1, 2022 through June 30, 2023) at $1500 for the Chair and $1200 for each other Selectboard member? NAME OF FILE: 207172_SN DATE(S) TO RUN: 02/17/2022
Article 2: To elect all Town Officers as required byAD: law.1/16 Page (2”x5”) SIZE OF Article 3: Shall the Town adopt the Selectboard’s budget of $9,842,992 of which $7,669,249 is to be raised by taxes? EMAILEDproposed TO: wendy@shelburnenews.com Article 4: Shall the Town raise an additional $50,000 in taxes for the purpose of obtaining options and/or acquiring land or rights in land Classified Auction portion of that amount to be put into the Open Space Fund? to preserve natural resources and open space; any unspent
PO #fund 207172 Article 5: Shall the Town establish a reserve to be called the Municipal Facilities Reserve Fund, to be used for the purpose of repair and maintenance of municipal facilities, in accordance with 24 VSA Sec. 2804? Article 6: Shall the voters authorize financing for the purchase of a utility vehicle for the purpose of maintaining municipal facilities and trails for an amount to be financed not to exceed $15,000? Article 7: Shall the voters authorize financing for the purchase of a utility truck for the Fire Department (Car 1 replacement) for an amount not to exceed $66,500?
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Article 8: Shall the voters authorize financing for the purchase of portable and mobile radios for the Fire Department (replacing aging equipment) for an amount not to exceed $87,000? Article 9: Shall the voters authorize financing of up to $168,000, representing the Town’s 20% local share of total construction costs, for the Irish Hill recreation path? Article 10: Shall the voters authorize financing for the construction of a replacement Beach House at Shelburne Beach in an amount not to exceed $350,000? Dated at Shelburne, Vermont as approved at a meeting held this 25th of January, 2022 by the Town of Shelburne Selectboard. __s/_______________________ Michael Ashooh, Chair __s/_______________________ Mary Kehoe
__s/_______________________ Kate Lalley, Vice Chair __s/_______________________ Luce Hillman
Filed this __th day of January, 2022 in the office of the Shelburne Town Clerk. __s/_______________________ Diana Vachon, Town Clerk
__s/_______________________ Cate Cross
Page 14 • February 17, 2022 • Shelburne News
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CROSSWORD
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March 21 - April 20 Aries, you keep looking inward to realize your goals and you’re making very good progress in that regard. Communication is a key to success, so keep dialogues open.
TAURUS April 21 - May 21 Lately you seem to radiate success in all you do, Taurus. Others naturally want to flock to where you are and spend more time with you. Enjoy the spotlight while it lasts.
GEMINI May 22 - June 21 If communication with family members has been difficult lately, you may find that things change in the next few days, Gemini. This is a welcome change.
CANCER June 22 - July 22 Disagreements are not necessarily a bad thing, Cancer. They can open people up to discussions that can be enlightening. Disagree, but don’t let it get heated.
July 23 - Aug. 23 Romance may be on your mind a lot more than usual, Leo. This can be a good thing. Use your free time to foster nuances in your relationship.
VIRGO Aug. 24 - Sept. 22 Virgo, you may have to take a different route than you initially expected in order to reach a destination. The journey could be very eyeopening and inspirational.
LIBRA Sept. 23 - Oct. 23 In order to be the brightest and the best you can be, you may find that you rub certain people the wrong way, Libra. Find ways to make amends.
SCORPIO Oct. 24 - Nov. 22 Scorpio, a challenging week ahead will require some focus and a willingness to accept support. Surround yourself with people who have your back.
SUDOKU Here’s How It Works: Sudoku puzzles are formatted as a 9x9 grid, broken down into nine 3x3 boxes. To solve a sudoku, the numbers 1 through 9 must fill each row, column and box. Each number can appear only once in each row, column and box. You can figure out the order in which the numbers will appear by using the numeric clues already provided in the boxes. The more numbers you name, the easier it gets to solve the puzzle!
SAGITTARIUS Nov. 23 - Dec. 21 An especially busy social schedule may leave you feeling a little tired for some time. Schedule some time for rest and relaxation to recharge your batteries.
CAPRICORN Dec. 22 - Jan. 20 A great deal of unexpected information is coming your way, Capricorn. You may have to sort through it to figure out what is useful and what is not essential.
AQUARIUS Jan. 21 - Feb. 18 Don’t neglect the help that people are willing to offer you, Aquarius. Teamwork makes the dream work, and working with others is beneficial to all involved.
PISCES Feb. 19 - March 20 Use creativity in any way you can to solve issues that come your way, Pisces. You may be surprised at what you come up with.
CLUES ACROSS 1. Remain as is 5. Functional 11. News magazine 12. Popular treat 16. Area units 17. Artificial intelligence 18. Marten valued for its fur 19. Forms of matter 24. Home of the Dodgers 25. Bordering 26. Part of the eye 27. It might be nervous 28. Visualizes 29. Crest of a hill 30. Measures engine speed (abbr.) 31. Tears in a garment (Br. Eng.) 33. Not easily explained 34 Song in short stanzas 38. Detonations 39. Intestinal 40. EU cofounder PaulHenri __ 43. Balmy 44. New Mexico mountain town 45. Gobblers 49. Insecticide 50. Golf scores 51. Has its own altar
53. “Pollock” actor Harris 54. Being livable 56. NHL play-by-play man 58. “The Great Lakes State” (abbr.) 59. Unpainted 60. Swam underwater 63. Native American people 64. Containing salt 65. Exam
29. Spiritual part of an individual (ancient Egypt) 30. Hot beverage 31. Pouch 32. It followed the cassette 33. Large northern deer 34. Ones who offer formally 35. Famed genie 36. Bequeathed CLUES DOWN 37. Skeletal muscle 1. Small bone in middle 38. Atomic #56 ear 40. Silk garment 2. Long, angry speech 41. They deliver the mail 3. Move out of 42. Equally 4. Male organ 44. Check 5. Two-toed sloth 45. Light-colored breed of 6. Making dirty hound 7. Article 46. Drug that soothes 8. Oil company 47. Railroads 9. Emits coherent radiation 48. Most slick 10. Amounts of time 50. Jacket 13. Unit equal to one 51. A radio band quintillion bytes (abbr.) 52. Hello 14. Forbidden by law 54. His and __ 15. Drains away 55. Supporter 20. Not out 57. Popular software suite 21. Sea patrol (abbr.) (abbr.) 22. Bird genus 61. Railway 23. Gratuity 62. NY coastal region 27. __ and feathers (abbr.)
ANSWERS
Page 16 • February 17, 2022 • Shelburne News
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