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minutes

March 2010

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

March 9, 2010
MEMBERS PRESENT:      Robert Roesler (Chairman); Tim Pudvar, Gary von Stange, Bill Smith, Al Gobeille.
ADMINISTRATION:          Paul Bohne, Town Manager; Peter Frankenburg, Finance Director.
OTHERS PRESENT:          Ellie London, Ruth Painter, Allie Stickney, Mary Hoffman, Joan Lenes, Maria Horn, Jerry Barton, Vicki Carleton, Peter Gibbs, Dick Elkins, Gwen Webster, Terry McKnight, Jane McKnight, Fred Hills, Dorothea Penar, Brian Precourt, Chris Snyder, Stephanie O’Brien, Sean McKay, Ann August, Chris Gibbons, Nettie Slatterly, Bill Powers, Dr. Ethan Allen Hitchcock Sims, Danielle Frawley (Shelburne News).
 

1.         CALL TO ORDER
The Selectboard meeting was held at the Wake Robin facility in Shelburne. Robert Roesler, Chairman, called the meeting to order at 7 p.m.
 
2.         APPROVAL OF AGENDA
Ø  Amendment to agenda to proceed immediately to election of officers.
Ø  Add Item 10.a – Request for Streetlight on Corner of Morse Drive/Ravine Court.
 
3.         BOARD REORGANIZATION (Election of Chairman, Vice Chairman)
Paul Bohne as Chairman Pro Tem called for nominations for Chairman of the Shelburne Selectboard.
 
MOTION by Tim Pudvar, SECOND by Bill Smith, to nominate Robert Roesler as Chairman. There were no other nominations. VOTING: 4 ayes, one abstention (Gary von Stange); motion carried.
 
Rob Roesler assumed the duties of Chairman and called for nominations for Vice Chairman.
 
MOTION by Tim Pudvar, SECOND by Al Gobeille, to nominate Bill Smith as Vice Chairman. There were no other nominations. VOTING: unanimous (5-0); motion carried.
 
Bill Smith is Vice Chairman of the Shelburne Selectboard.
 
4.         CITIZEN PARTICIPATION
Welcome to Wake Robin
Allie Stickney, Wake Robin resident, welcomed everyone to the meeting. Ms. Stickney noted Wake Robin feels being a part of the community is important. Mary Hoffman, Chairwoman of the Wake Robin Association, stated the residents of Wake Robin have adopted Shelburne as their community and many have given back as volunteers at the library, in the schools, at Shelburne Museum and Farms, at SCHIPS, and at many town and community activities. The dedication and time spent by those serving on town boards is recognized and the Selectboard is thanked for their efforts, said Ms. Hoffman.
 
 Chloramines
Ellen London, Wake Robin resident, asked for assistance in contacting the health department, water department, and state representatives about chloramines in the water which cause her eyes and skin to itch and upsets her stomach. The Selectboard advised Ms. London to bring the issue before the Champlain Water District board and talk to Shelburne’s state representatives.
 
Town Budget
Ruth Painter, Wake Robin resident, expressed disappointment in comments heard at the town’s annual meeting regarding town money sent to Montpelier under Act 68. Shelburne is one of the wealthier towns in the state and has an obligation to look out for its neighbors, said Ms. Painter. Also, the vote to decrease funding of social services that occurred at the town meeting is disheartening when so many people are using the services. Now is not the time to decrease support, stated Ms. Painter.
 
Economic Development Project in Shelburne
Joan Lenes, Shelburne resident and State Representative, thanked everyone for being so active in the community. Ms. Lenes expressed concern about how the Shelburne Development Review Board (DRB) is handling an economic development project in the village. Shelburne is an active, involved community and to have such blocks put up on an economic development project is embarrassing. Ms. Lenes spoke about requiring many meetings and spending money without a thoughtful plan. It is recognized that the DRB is a quasi-governmental board and has certain restrictions, but the public wants to see what can be done and how to move the project forward. Various state agencies took action with regard to funding and it is disappointing and embarrassing to see the funds disappear because of the delays. Wake Robin was a controversial project initially, recalled Ms. Lenes, but the development has brought richness and quality of life to Shelburne residents. This could occur again with the proposed downtown, walkable development.
 
Jerry Barton, Shelburne resident, asked about appointment to the DRB (qualifications, procedure, preference given to incumbents). Rob Roesler stated the incumbent serves until a successor is appointed by the Selectboard. Interested candidates submit a letter of interest that details their qualifications/experience and interest in the position. The Selectboard will interview applicants and make a selection. It would be unique to have competition for a vacancy in the town’s experience, said Mr. Roesler. Current members are a known quantity, but that does not necessarily guarantee reappointment. Mr. Barton asked about simultaneously serving on the DRB and Planning Commission and procedural requirements for that. Chairman Roesler confirmed Dick Elkins serves on both the DRB and Planning Commission. The Selectboard encourages all citizens in Shelburne to volunteer for town boards and commissions. The Selectboard would like as many candidates as possible to consider for vacancies. (Mr. Roesler was urged by Gary von Stange to recuse himself from discussion of DRB appointments. Mr. Roesler declined.) Bill Smith explained the rationale for having the same individual serve on the DRB and Planning Commission (when the Zoning Board was disbanded the Selectboard wanted someone familiar with the planning process and writing/implementing planning and zoning rules and the vetting process with applications). Gary von Stange added the Vermont Secretary of State’s opinion issued March, 2008 says there is no conflict of interest if a person serves on a planning commission and development review board. Al Gobeille commented on pro and anti-growth attitudes in Shelburne, noting as a businessman he is pro-growth.
 
Maria Horn, Shelburne resident, mentioned the numerous deliberative sessions held by the DRB without minutes, noting the citizens are interested in how the DRB makes its decisions so minutes of deliberative session should be taken.
 
Terry McKnight, Governor’s Lane, expressed concern about the discussion of reappointing three members of the DRB due to a vote on a particular project. Mr. McKnight cited the time and expertise given to the town by the volunteer members of the DRB who try to make decisions to benefit the entire community, not to serve any individual project. Mr. McKnight stated the three DRB members under discussion have served the community well, honestly, and fairly, and if they want to continue to serve on the DRB the Selectboard should allow this. Rep. Lenes represents all the citizens of Shelburne, not one person, continued Mr. McKnight, and it is hoped the same spirit of community serves the Selectboard when presented with the decision of reappointment to the DRB.
 
Jane McKnight, Shelburne resident and former Selectboard member, said a debt of gratitude is owed to the DRB for a thankless job. The service is tedious, time consuming, has a cost on private lives, and detracts from jobs and businesses. The members under discussion offer unique skill sets, extensive institutional knowledge, and long service to the community. The Selectboard needs to consider the impact on volunteerism if the response is not to reappoint the incumbents because they voted on a project in a certain way. Ms. McKnight urged the Selectboard to think long and hard before taking negative action on reappointment because no one will volunteer in the community in the future.
 
Vicki Carleton, Shelburnewood resident, felt the vote on the Shelburne Wood project at 4 in favor and 3 against was not bad. Ms. Carleton commented it is too bad people are taking offense to others interested in volunteering to serve on the DRB. Residents want transparency and want to know what prompted the DRB’s decision because their homes are at stake.
 
Gwen Webster, Shelburne resident, read a statement from the Secretary of State regarding quasi-judicial boards (DRB) and the right to hold deliberative session without taking minutes of the discussion. Rob Roesler agreed procedure for the DRB is detailed in state statute, by the Secretary of State, and the Vermont Supreme Court so there is no need for debate. Maria Horn noted her information is that the Secretary of State said any decision should be substantiated in writing. The public simply wants to know why three members did not sign the decision, and as a matter of principle and openness that minutes are taken during deliberative session. Gwen Webster mentioned the email from John Giebink, Green Mountain Development Group, requesting the Selectboard not to reappoint three members of the DRB, and asked that the email be entered into the record. (click here to see the email).  Ms. Webster said the communication from Mr. Giebink is like a witch hunt and very divisive, not at all what Shelburne is about. If the Selectboard decides not to reappoint the members a message will be sent to other committees that their work does not matter because it can be usurped and overturned by the Selectboard.
 
Fred Hills, Wake Robin resident, thanked the DRB for their time and effort, noting if the Selectboard feels the members are doing a good job then reappointment them, otherwise encourage competition and appoint new members.
 
Dorothea Penar, Shelburne Historic Preservation & Design Review Commission, clarified the Shelburne Wood project in its present form has only been deliberated since March, 2009. There was much discussion prior to that time while the zoning bylaws were being updated. Ms. Penar said she urged not writing the bylaws based on a particular project. The DRB members work hard and put in many hours as does the Design Review Commission, acknowledged Ms. Penar, but after 18 years of volunteering on committees the political pressure is cause to question continuing. Everyone is working hard to make the project a positive for the village and the political pressure is not helping the project or the process. If the Selectboard politicizes positions then there is no reason to ask for reappointment. Rob Roesler stressed the Selectboard does not see reason to politicize any position on town boards or committees, but simply wants to do what is best for the community.
 
Brian Precourt, Shelburne resident, observed it is a slippery slope to ask townspeople to ask the Selectboard not to reappoint DRB members because they did not vote the way a developer wanted. Mr. Precourt said he cannot recall a reappointment not being made if the incumbent is willing to continue serving the town. Al Gobeille stressed his role on the Selectboard is to not politicize appointments or projects. The reappointment issue is not before the Selectboard presently. An issue gets politicized by drawing the Selectboard to the matter when the Selectboard is not a part of it at the time, said Mr. Gobeille.
 
Peter Gibbs, Chairman of the Shelburne DRB, attempted to comment, but was advised to avoid further politicizing the issue his comments should be made at a DRB meeting. Gary von Stange countered that Dick Elkins, Kay Kraushaar, and Peter Gibbs have been victims of ad hominid attacks that have been personal and vicious. The DRB members are volunteers. People with divergent opinions should be encouraged to serve on committees. Mr. von Stange recalled while a member of the Planning Commission there was disagreement with other members, but the disagreement was respected without personal attack. Peter Gibbs has been personally attacked and he has the right to stand up at this meeting and defend himself, stressed Mr. von Stange.  Mr. Gibbs said he will address comments on the DRB process, procedure, and how the members proceeded through the project of interest at the next DRB meeting.
 
Rob Roesler stated on behalf of the Selectboard the service by Peter Gibbs, Dick Elkins, and Kay Kraushaar and other committee members is appreciated. The Selectboard is not considering any particular appointment at this time, but when that time comes the Selectboard will be fair and objective. The Selectboard is trying to stay away from any politicization of the process of appointing people to serve on boards in Shelburne. It would be a travesty to make political correctness a litmus test for anyone to serve on any board in the community, said Mr. Roesler, promising he will not be any part of this and it is believed the rest of the board feels the same.
 
Dick Elkins, DRB member, thanked friends and neighbors for attending the meeting. Mr. Elkins noted he voted in support of Wake Robin when he served on the Zoning Board many years ago.
 
Traffic Light
Bill Powers, Shelburne resident for 23 years, requested a change in the traffic light sequence at the top of the hill for westbound traffic on Route 7 to make the intersection safer.  Rob Roesler assured the request will be forwarded to VTrans (the state has jurisdiction over Route 7).
 
Lighting
Dr. Ethan Allen Hitchcock Sims, Wake Robin resident, expressed concern about the money wasted on the amount of lighting in town (streets and buildings). Dr. Sims suggested turning off some lights and using more energy efficient bulbs.
 
5.         PUBLIC HEARING: DISCONTINUANCE OF ALL TOWN HIGHWAYS NOT OTHERWISE OBSERVABLE BY PHYSICAL EVIDENCE OF USE AS A HIGHWAY OR TRAIL AND NOT INCLUDED ON THE SWORN CERTIFICATE OF DESCRIPTION AND MEASUREMENT OF TOWN HIGHWAYS FILED WITH THE TOWN CLERK AS OF FEBRUARY 10, 2010
The public hearing was opened at 7:58 p.m. There were no comments. The hearing was closed at 7:59 p.m.
 
MOTION by Gary von Stange, SECOND by Tim Pudvar, that the town discontinue all town highways that are not otherwise observable by physical evidence of use as a highway or trail and are not included on the sworn Certificate of Description and Measurement of Town Highways filed with the Town Clerk as of 2/10/10. VOTING: unanimous (5-0); motion carried.
 
6.         CONSIDER REQUEST FROM STEPHANIE O’BRIEN AND CHRIS SNYDER FOR RELIEF FROM THE “TIME OF PAYMENT” PROVISION OF THE ORDINANCE TO ESTABLISH A CHARGE ON NEW USERS OF SEWER CAPACITY
Paul Bohne briefed the Selectboard on the sewer allocation for the Rivercrest condominium project which has been delayed due to economic conditions. The sewer allocation expired and the developer cannot request an extension. The Selectboard amended the ordinance 18 months ago to require 50% of the allocation fee paid up front and the other half paid with each building permit.
 
Chris Snyder, Snyder Homes, stated the allocation is for available sewer allocation. Snyder Homes is asking that the project be ‘grandfathered’ to allow full payment at the time the building permit is issued by the town. The economic times are making it tough on home builders, explained Mr. Snyder, and with the funding mechanisms and financing Snyder Homes is not set up to pay 50% up front at the time of allocation. Mr. Snyder added there is also a request to waive the connection fee on the four affordable units to be built in the development.
 
Gary von Stange referred to the letter from Chris Snyder to the Selectboard and the note the project should be governed by rules in effect when the project was approved in 2006. The 50/50 rule was not in effect in 2006. Mr. von Stange asked Mr. Snyder if he felt projects approved at the present time should abide by the 50/50 rule. Mr. Snyder replied projects should abide by the current ordinance, but for a developer paying 50% up front is a challenge and makes it more difficult for any sort of housing units to be built. Typically the fee is 100% at the time a building permit is issued. The reason for the change in ordinance is understandable (Shelburne did improvements and needs to collect fees to offset cost), said Mr. Snyder.
 
Tim Pudvar asked about letting the allocation sunset and reapplying. Mr. Snyder said the 50% payment would still be needed for the remainder of the project at a cost of approximately $89,000 in fees.
 
Bill Smith asked if other developments would be impacted by the request. Paul Bohne noted there is potential. A small two lot subdivision under the new ordinance paid the 50% fee. Shelburne Wood is the next large development before the town.
 
MOTION by Tim Pudvar, SECOND by Bill Smith, to grant the request for waiver of the 50/50 rule in regard to sewer allocation for the Rivercrest project.
DISCUSSION: Bill Smith pointed out the rules changed mid-project so it is fair to waive the 50% allocation fee. Gary von Stange suggested an end date be stated on the waiver to avoid allocation being held and not available for use on other projects. Chris Snyder suggested the request be project based. Stephanie O’Brien assured the goal is to sell their project as quickly as possible. The project is in development mode. Unlike the residential development, many commercial users are holding allocation and not moving forward with their projects. Al Gobeille recalled a time in the past when it was not possible to build in Shelburne due to lack of allocation and no mechanism for ‘borrowing’ from other towns. Brian Precourt gave a brief description of his situation with allocation for his two lot project that was started before the ordinance was changed. The Selectboard agreed a date certain is needed on the allocation. Al Gobeille urged the Selectboard to be certain the rules are as wanted.
VOTING: Prior to the vote, the motion was withdrawn.
 
MOTION by Al Gobeille, SECOND by Tim Pudvar, to table discussion of the allocation request to allow the developer to submit a request for a three year allocation to be considered on March 23, 2010. VOTING: unanimous (5-0); motion carried.
 
7. & 8. PRESENTATION OF SUPPLEMENTARY ENVIRONMENTAL PROJECT ON BEHALF OF THE NATURE CONSERVANCY (TNC) and PROJECTS PREVIOUSLY PRESENTED BY LEWIS CREEK ASSOCIATION AND TNC
Sean McKay, Shelburne Natural Resources Conservation Commission, explained the request by The Nature Conservancy (TNC) for use of supplemental environmental project funds for removal of invasive plants and erosion along the LaPlatte River (stabilization of floodplain forest and re-vegetation).
 
Gary von Stange asked about the relationship between the town and TNC. Paul Bohne gave a briefing on the situation that occurred when constructing the town recreation fields behind the Fieldhouse and impingement on TNC conserved land. The issue is still being discussed with TNC. The money for supplemental environmental projects is from fines paid by the town related to a sewer issue.
 
Ann Augustran, Wake Robin resident, asked who selects and pays for the trees and does the plantings. Rob Roesler said TNC provides the labor using money from the supplemental environmental project fund to purchase trees. Sean McKay noted TNC will likely employ a contractor for the work. TNC will have oversight over the project.
 
There was discussion of the costs identified in the project, specifically the TNC Indirect of $2,800 (TNC overhead) and labor cost of $2,000. Bill Smith asked if requests for the funds exceed available money. Paul Bohne stated TNC is requesting $15,000 for their project. Lewis Creek Associates is requesting funding for two projects (water quality and education related to the LaPlatte River and Monroe Brook). There is $41,000 available. The requests total $50,788. Staff is recommending supporting all three projects, but reducing the amount for removal of invasive species from $20,000 to $10,000. If the money is not spent it is unlikely the Agency of Natural Resources will extend use of the funds. Tim Pudvar asked about Shelburne Natural Resources Committee partnering with TNC to eliminate the overhead cost.  Sean McKay stated TNC is the direct applicant and their policy is to include the overhead cost. Paul Bohne stated the town or members of the Natural Resources Committee do not have time or resources to contract the work. Also, with hand removal of trees and vegetation there is herbicide applied so a level of expertise is needed. The town is not an eligible applicant for the funds.
 
MOTION by Gary von Stange, SECOND by Tim Pudvar, that the Town of Shelburne fund the supplemental environmental project as follows:
1.      Lewis Creek Association Water Quality and Education - $15,788.
2.      Lewis Creek Association Invasive Species Removal - $10,212
3.      TNC  Invasive Species Removal and Floodplain Stabilization on the LaPlatte River wooded conservation easement - $15,000
and further, any accumulated interest earnings shall be applied to the invasive species project.
DISCUSSION: A woman in the audience suggested TNC do some fund raising. Rob Roesler explained the need to use the funds in the account or the money will be taken back by the state. There were no further comments.
VOTING: unanimous (5-0); motion carried.
 
9.         CONSIDER SUPPORT TO RESPOND TO REQUEST FOR INFORMATION TO BECOME A TEST MUNICIPALITY FOR INSTALLATION OF ULTRA HIGH SPEED FIBER OPTIC BROADBAND NETWORK BY GOOGLE
Chris Gibbons, Shelburne resident, explained the proposal by Google to create a new internet service with high speed internet service (one gigabit) in every home and business. The test site must have a population of between 50,000 to 500,000 people (can be a conglomerate of communities to reach the target number). The internet service will be 100 times faster than the average speed today. Shelburne would be a worldwide leader in internet service if chosen as the test site which could promote human capital and commercial capital, increase home values, and decrease the cost of internet access as just a few benefits. South Korean which presently leads in fast internet service is looking to install one gigabit service in 2012. Google wants to see how fast the project can be implemented and discover new ways to make the internet better and faster for people. There are 200 communities across the country applying to be the test site. Qualifying criteria include the service being a benefit to residents, deployment being quick and efficient, the level of community support, local resources, the weather, regulation issues, and what is currently available. The application deadline is March 26, 2010. There is no cost to apply and Google will fund the building and deployment of the service. Afterward users can stay with Google as their provider or continue with the current internet provider. Google is looking for support of the application by the town. Mr. Gibbons stated his plan as the point person for the service in Shelburne is to complete the application and provide the information requested, garner support from local government, businesses, and residents as well as support from the legislature and Governor, produce a video showing support by the town, and establishing a website and email contact address. Mr. Gibbons said the service will be a great benefit to the area and local businesses. Mr. Gibbons has a forestry conservation business (American Green Business) which does chain of custody certification for FSC forest standards.
 
MOTION by Gary von Stange, SECOND by Tim Pudvar, that the Town of Shelburne respond to the request for information for Google for the fiber optic broadband project for communities.
DISCUSSION: Rob Roesler confirmed the action is for the Selectboard to respond in support of the project. Fred Hills, Wake Robin resident and electrical engineer, said he designed and led the installation of high speed broadband at Wake Robin. The service has been very popular. Mr. Hills spoke in favor of the Google project with the caveat that the town exercise controls to avoid the situation that occurred with Burlington Telecom. Inquiries to Wake Robin by interested parties for residency include questions about available internet service, continued Mr. Hills, and a recent survey rated internet service as the number one item a prospective resident is looking for; the same is likely true for businesses that want to come to Shelburne. Maria Horn asked how the community can show support for the Google project. Mr. Gibbons suggested completing the eight question document of support for residents on the Shelburnefiber.com website. There is also a flyer that can be printed and displayed in windows. The residential application can be completed through Google in support of the town application. The plan also includes creating a video montage to show support from people and businesses of note in the community. Gary von Stange urged contacting state representatives to sponsor a resolution of support for Vermont communities, specifically Shelburne. There were no further comments.
VOTING: unanimous (5-0); motion carried.
 
10.a     REQUEST FOR STREETLIGHT AT CORNER OF MORSE DRIVE AND RAVINE COURT
Paul Bohne suggested Public Works staff review the location and the streetlight policy to determine if a streetlight is warranted where requested. Nettie Slatterly, Shelburne resident for 50 years, stated the intersection is very busy with multiple driveways creating a dangerous situation. The residents all agree a light is needed. There are only two streetlights in Shelburne Heights. A copy of the letter from Ms. Slatterly was given to the Selectboard. Rob Roesler stated the Selectboard is considering where streetlights should be located, the number needed, and the intensity of the lighting. Ms. Slatterly’s request will be taken under consideration.
 
11.       CONSIDER REQUEST FOR SEWER ALLOCATION OF 955 GPD FOR THE PROPOSED TRACTOR SUPPLY CO. STORE TO BE CONSTRUCTED ON THE HOECHNER PROPERTY ON SHELBURNE ROAD
MOTION by Tim Pudvar, SECOND by Al Gobeille, to grant the request for sewer allocation in the amount of 955 gallons per day for the proposed Tractor Supply Co. Store to be constructed on the Hoechner property on Shelburne Road. VOTING: unanimous (5-0); motion carried.
 
12.       CONSIDER ACKNOWLEDGING RECEIPT OF THE PROPOSED AMENDMENT TO THE TOWN PLAN MAP AND ACCOMPANYING REPORT FROM THE PLANNING COMMISSION
MOTION by Bill Smith, SECOND by Al Gobeille, to acknowledged receipt of the proposed amendment to the Town Plan Map and accompanying report from the Planning Commission and to warn a public hearing on April 27, 2010. VOTING: unanimous (5-0); motion carried.
 
13.       CONSIDER ACKNOWLEDGING RECEIPT OF THE PROPOSED AMENDMENTS TO THE ZONING BYLAWS AND ACCOMPANYING REPORT FROM THE PLANNING COMMISSION
MOTION by Al Gobeille, SECOND by Tim Pudvar, to acknowledge receipt of the proposed amendments to the zoning bylaws and accompanying report from the Planning Commission. VOTING: unanimous (5-0); motion carried.
 
14.       CONSIDER WARNING A PUBLIC HEARING FOR COMMENT ON THE PROPOSED AMENDMENTS TO THE ZONING BYLAWS AND TOWN PLAN
MOTION by Tim Pudvar, SECOND by Gary von Stange, to warn a public hearing for comment on the proposed amendments to the zoning bylaws and town plan on April 27, 2010. VOTING: unanimous (5-0); motion carried.
 
15.       CONSIDER APPROVAL OF RENEWAL REQUESTS FOR LIQUOR AND TOBACCO LICENSES
The Selectboard signed the associated documents.
 
16.       CONSIDER APPROVAL OF MINUTES (2/23/10)
MOTION by Gary von Stange, SECOND by Tim Pudvar, to approve the 2/23/10 minutes as written. VOTING: 3 ayes, 2 abstentions (Bill Smith, Al Gobeille); motion carried.
 
17.       MANAGER’S REPORT
Paul Bohne briefed the Selectboard on the following:
  • Fire Dept. Officers are as follows:
    • Fire Chief – Craig Wooster
    • 1st Assistant Chief – Jerry Guillemette
    • 2nd Assistant Chief – Jim Talley
    • Captain – Jim Buell
    • 1st Lieutenant – John Goodrich
    • 2nd Lieutenant – Pierre Grangier
    • Secretary – Tom Thompson
    • Treasurer – Dave Sheets
  • Census 2010 is underway. Everyone is urged to take ten minutes and complete the form. A home visit will be made by a census worker if the form is not mailed.
 
18.       MEMBER CONCERNS
The Selectboard acknowledged the elections in the Fire Dept. and thanked the members for the service provided to the town.
 
Bill Smith and Tim Pudvar thanked the citizens for their votes and re-election to the Selectboard.
 
Thanks were extended to Wake Robin for use of the meeting room.
 
19.       EXECUTIVE SESSION and/or ADJOURNMENT
MOTION by Bill Smith, SECOND by Gary von Stange, to adjourn the meeting. VOTING: unanimous (5-0); motion carried.
 
The meeting was adjourned at 9:09 p.m.
 
RScty:MERiordan

 

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

March 23, 2010
MEMBERS PRESENT:      Bill Smith, Tim Pudvar, Gary von Stange, Al Gobeille. (Robert Roesler was absent.)
ADMINISTRATION:          Paul Bohne, Town Manager; Peter Frankenburg, Finance Director; Dean Pierce, Town Planner.
OTHERS PRESENT:          Joan Lenes, Maria Horn, Vicki Carleton, Peter Gibbs, Gwen Webster, Dorothea Penar, Chris Snyder, Stephanie O’Brien, Barbara Bowen, Jake Callery, Julie Potter, Clare Leonard, Bob Lake, Tom Koerner, Betty Marcher, Chomp Chompupong, Danielle Frawley (Shelburne News).
 

1.         CALL TO ORDER
In the absence of Robert Roesler, Bill Smith called the meeting to order at 7 p.m.
 
2.         APPROVAL OF AGENDA
There were no changes to the agenda.
 
3.         CITIZEN PARTICIPATION
Maria Horn, Shelburne citizen, read a statement expressing concern about the Development Review Board appointments and the DRB process of using deliberative session without taking minutes. Ms. Horn stressed the citizenry wants to know how and why decisions are made that impact the quality of life of Shelburne residents. There is disappointment with the Selectboard avoiding the issues by not wanting to ‘politicize’ the matter, but selectboards inherently make political decisions. Ms. Horn said the Vermont Secretary of State advised stating any concerns directly to the Selectboard which is being done, but the response from the Selectboard feels like “a kid being slapped on the hand”. Bill Smith explained the Selectboard did not intend to give that type of response. The decision to postpone appointments to the DRB to April 27, 2010 was because a full board will be present.
 
Gwen Webster, Shelburne citizen, opined the Selectboard Chairman should not participate in the vote for appointments to the DRB due to conflict of interest with his clients. Bill Smith assured the matter of conflict of interest will be taken under consideration. An individual board member can decide to recuse himself from discussion or the full board can decide the matter if necessary.
 
4.         CONSIDER REQUESTING THAT VTRANS CONDUCT A STUDY OF THE INTERSECTION OF ROUTE 7/BOSTWICK ROAD/MARSETT ROAD
Paul Bohne recalled the request was precipitated by a resident of Wake Robin. Research has shown there were nine accidents in a year at the site (mostly cars hitting a turning car from behind).
 
MOTION by Tim Pudvar, SECOND by Gary von Stange, to request VTrans or CCMPO to conduct a study of the intersection of Route 7/Bostwick Road/Marsett Road. VOTING: unanimous (4-0); motion carried.
 
5.         DISCUSS/CONSIDER APPROVAL TO SUBMIT THE AMENDED TOWN OF SHELBURNE ALL HAZARDS MITIGATION PLAN TO VERMONT EMERGENCY MANAGEMENT AND FEDERAL EMERGENCY MANAGEMENT
Julie Potter and Clare Leonard with Regional Planning explained the All Hazards Mitigation Plan adopted in 2005 is being updated (update required every five years). The plan assesses hazards that could impact communities and develops strategies to lessen the impacts. Towns are encouraged to update their hazard mitigation plan in order to receive FEMA money for pre-disaster mitigation (a town plan must be in place to receive funding). Pre-disaster mitigation is preventative measures or action to lessen an impact. Projects the town wants to address should be identified in the plan. There are already items the town is working on, such as maintaining roads and public infrastructure, raising public awareness about hazards, study of streams in their course and erosion, and impact of development in the zone. Clare Leonard noted Regional Planning tried to avoid including unfunded mandates in the plan. The town would decide whether to apply for FEMA money to do the work. There was further discussion of various emergency scenarios that might qualify for hazard mitigation funds. Paul Bohne stated it is difficult to qualify for the funds. A cost/benefit analysis must be done. The town deals with many scenarios in the town’s emergency preparedness plan.
 
MOTION by Al Gobeille, SECOND by Tim Pudvar, that the Selectboard allow Regional Planning to submit the amended Town of Shelburne All Hazards Mitigation Plan to Vermont Emergency Management and Federal Emergency Management on behalf of the Town of Shelburne. VOTING: unanimous (4-0); motion carried.
 
6.         CONSIDER REQUEST FROM SNYDER RIVERCREST, LLC TO WAIVE THE REQUIREMENT OF SECTION 4 (TIME OF PAYMENT) OF THE ORDINANCE TO ESTABLISH A CHARGE ON NEW USERS OF SEWER CAPACITY FOR THE AID-IN-CAPACITY CHARGE
Bill Smith gave a brief history of the sewer ordinance change from requiring payment when a building permit is issued for multi-unit buildings requiring 50% payment of capacity upfront. The Rivercrest project began under the former ordinance, but remaining allocation is under the current ordinance. The request is to waive the 50% payment requirement and allow payment with the building permit. Paul Bohne noted under prior state rules the town must hold unused allocation for projects until the project is complete, but now the state says the town can keep track against their own capacity. Gary von Stange mentioned the issue of banking capacity without payment from a developer. Also, the town passed an ordinance which should be enforced, however, the O’Brien project began before the ordinance was enacted. New construction should comply with the current ordinance. Al Gobeille opined the ordinance is anti-business and anti-development and should be changed. Stephanie O’Brien (O’Brien Realty) stated the record shows permits for the Rivercrest development were received seven years after the start of the process. Gary von Stange pointed out the developer is asking for a waiver of part of the ordinance yet wants to take advantage of another portion of the ordinance (pertaining to affordable housing). Chris Snyder explained it was assumed the allocation was granted for the entire project, but then there was the requirement for affordable housing. There was discussion of the Selectboard reviewing the sewer allocation ordinance at a future time. It was noted the Rivercrest and Precourt developments are the only two developments impacted by granting a waiver.
 
MOTION by Tim Pudvar, SECOND by Al Gobeille, to approve the request from Snyder Rivercrest, LLC to waive the requirement of Section 4 (Time of Payment) of the ordinance to establish a charge on new users of sewer capacity for the Aid-in-Capacity charge for 36 months. VOTING: unanimous (4-0); motion carried.
 
7.         CONSIDER REQUEST BY O’BRIEN RIVERCREST, LCC TO WAIVE THE REQUIREMENT OF SECTION 4 (TIME OF PAYMENT) OF THE ORDINANCE TO ESTABLISH A CHARGE ON NEW USERS OF SEWER CAPACITY FOR THE AID-IN-CAPACITY CHARGE
MOTION by Tim Pudvar, SECOND by Al Gobeille, to approve the request from O’Brien Rivercrest, LLC to waive the requirement of Section 4 (Time of Payment) of the ordinance to establish a charge on new users of sewer capacity for the Aid-in-Capacity charge for 36 months. VOTING: unanimous (4-0); motion carried.
 
8.         CONSIDER REQUEST FROM SNYDER RIVERCREST, LLC TO WAIVE THE AID-IN-CAPACITY CHARGE FOR FOUR TOWNHOUSE UNITS TO BE COMMITTED TO AFFORDABLE HOUSING
Tim Pudvar asked if there is a precedent of waiving sewer fees for housing units. Paul Bohne said he is not aware of any. Dean Pierce recalled recreation fees were waived for development on Ockert Lane. Gary von Stange pointed out if the sewer fee is waived then the costs associated with the action will be borne by all the other sewer users in town not related to the development. Paul Bohne explained the developer has an agreement with Champlain Housing Trust for the affordable units not to exceed 30% of income for housing costs. The challenge is providing a high enough quality unit for the cost. Chris Snyder added everyone is trying to provide affordable housing in Shelburne. Costs have to be reduced somehow in order to be able to build affordable housing in the town. Al Gobeille noted the town has waived impact fees to help reduce base costs so developers can offer a portion of their development as affordable housing. Dean Pierce confirmed recreation fees have been waived, citing the Boulder Hill development as an example.
 
MOTION by Gary von Stange, SECOND by Al Gobeille, to grant the request from Snyder Rivercrest, LLC to waive the Aid-in-Capacity charge for four townhouse units to be committed to affordable housing. VOTING: 0 ayes, 4 nays (Smith, Pudvar, Gobeille, von Stange); motion did not carry.
 
9.         CONSIDER REQUEST BY SNYDER RIVERCREST, LLC FOR SEWER ALLOCATION OF 5,460 GALLONS PER DAY FOR 26 TOWNHOUSE UNITS LOCATED ON ASPEN DRIVE AND REQUEST FROM O’BRIEN RIVERCREST, LLC FOR SEWER ALLOCATION OF 3,570 GALLONS PER DAY FOR 17 SINGLE FAMILY HOUSES LOCATED ON SYCAMORE DRIVE
Paul Bohne noted the infiltration number was not previously included resulting in the addition of 775 gallons per day to the Snyder allocation request for a total of 6,235 gallons per day, and 593 gallons per day added to the O’Brien allocation request for a total of 4,163 gallons per day.
 
MOTION by Gary von Stange, SECOND by Tim Pudvar, to grant the request by Snyder Rivercrest, LLC for sewer allocation of 6,235 gallons per day for 26 townhouse units on Aspen Drive and to grant the request by O’Brien Rivercrest, LLC for sewer allocation of 4,163 gallons per day for 17 single family houses on Sycamore Drive.
DISCUSSION: Paul Bohne said staff will work with the developer to determine payment (210 gallons per day per state regulation plus a prorated share of the infiltration amount).
VOTING: unanimous (4-0); motion carried.
 
10.       APPOINTMENTS TO VARIOUS TOWN BOARDS AND COMMISSIONS
Bill Smith announced the Selectboard will handle contested positions (positions with multiple applicants) at the 4/27/10 meeting. The DRB, library board, and Ethics Committee all have contested positions. Gary von Stange stated the concern that current positions on the DRB expire March 31, 2010. There was no discussion or vote to extend the current member(s) on an interim basis, and extending without discussion or vote when there is a defined term date is not the right approach. Al Gobeille pointed out the current members have expressed interest in serving again. There was agreement that discussion of the matter should take place with the full board. Paul Bohne read the charter regarding appointments being April 1st or as soon thereafter as a successor is appointed and qualified.
 
Gary von Stange mentioned the exchange of emails between Selectboard members which should be disclosed to the public unless there is an exception to Vermont’s open meeting law. Bill Smith stressed the Selectboard is committed to transparency particularly in regard to people serving on public boards. The Selectboard also is charged with determining and vetting the process. Mr. von Stange said he is uncomfortable with conducting business via email. Emails should be posted on the town website so the public can have access to them. Tim Pudvar pointed out there are no decisions being made in private by the Selectboard. There may be discussions, but no decisions. Rep. Joan Lenes stated the open meeting law says business cannot be conducted outside of a public meeting, and if the “Send All” key is used with emails sent to a quorum of members that is a meeting. Business should not be conducted via email. Al Gobeille stated most emails are to coordinate meeting time/date and agenda items. There was further discussion of correspondence by email.
 
 
Emergency Management Director
MOTION by Tim Pudvar, SECOND by Al Gobeille, to (re)appoint Paul Bohne as Emergency Management Director for a term of one year. VOTING: unanimous (4-0); motion carried.
 
Emergency Management Coordinator
MOTION by Tim Pudvar, SECOND by Al Gobeille, to (re)appoint Craig Wooster as Emergency Management Coordinator for a term of one year. VOTING: unanimous (4-0); motion carried.
 
Grand Juror
MOTION by Tim Pudvar, SECOND by Al Gobeille, to (re)appoint Paul Bohne as Grand Juror for a term of one year. VOTING: unanimous (4-0); motion carried.
 
Town Service Officer
MOTION by Tim Pudvar, SECOND by Al Gobeille, to (re)appoint Paul Bohne as Town Service Officer for a term of one year.
DISCUSSION: The duties of Town Service Officer were briefly described. VOTING: unanimous (4-0); motion carried.
 
Fence Viewer
Paul Bohne noted the archaic position of fence viewer is vacant presently. Fence viewers in the past settled disputes over who is responsible for mending line fences. Gary von Stange recommended Mark Brooks be appointed. The Selectboard wanted to ascertain Mr. Brooks’ interest in serving before making the appointment.
 
Harbor Master
MOTION by Gary von Stange, SECOND by Tim Pudvar, to (re)appoint Dan Couture for a one year position as Harbor Master beginning on or about April 1, 2010. VOTING: unanimous (4-0); motion carried.
 
The Selectboard will discuss giving preference and a reduced fee for moorings to Shelburne residents at a future meeting.
 
Tree Warden
The Selectboard agreed to delay the appointment until the town’s tree policy is developed.
 
Town Health Officer
It was noted the former Town Health Officer resigned and the Selectboard Chairman assumed the position. Deputy Health Officer is the Town Manager. The duties of health officer were briefly described. Volunteers were encouraged to apply for the position.
 
Planning Commission (3 Year Term)
MOTION by Tim Pudvar, SECOND by Gary von Stange, to (re)appoint Tucker Holland to a three year term on the Shelburne Planning Commission.
DISCUSSION: It was noted Mr. Holland expressed interest in continuing to serve on the Planning Commission, but is willing to step aside if someone else would like the position. The issue of living in another town and serving on the Shelburne Planning Commission was mentioned. The requirement is that a majority of current members reside in Shelburne. There have been members in the past who lived out of town and continued to serve on the Planning Commission. Positive comment was made on the service by Tucker Holland on the Planning Commission. There were no further comments.
VOTING: unanimous (4-0); motion carried.
 
MOTION by Gary von Stange, SECOND by Tim Pudvar, to (re)appoint Dick Elkins to a three year term on the Shelburne Planning Commission.
DISCUSSION: Al Gobeille expressed concern about an individual serving on both the Planning Commission and Development Review Board because that is too much power in the hands of a few. Bill Smith mentioned the issue of continuity with planning and vetting projects to the plan. Gary von Stange stated review of past Selectboard minutes revealed preference to have individuals serving on both boards. Also, according to the Secretary of State there is no conflict of interest with this arrangement.  Gwen Webster, former Zoning Board member, stated having someone serve on both boards helps craft ordinances without ambiguities. Maria Horn, Shelburne resident, asked about the role of staff. Dean Pierce stated Vermont law allows dual service and historically this has been the case in many towns probably because there were not enough volunteers to fill the boards. There is value to having staff serve both boards and a peer member serving on both boards. Dorothea Penar, Shelburne Historic Preservation & Design Review Commission, stated the institutional memory is invaluable with a long standing member serving on two boards. Also, of a seven member board the individual has only 14.28% of the vote. There were no further comments.
VOTING: unanimous (4-0); motion carried.
 
MOTION by Al Gobeille, SECOND by Gary von Stange, to (re)appoint Ron Bouchard for a three year term on the Shelburne Planning Commission. VOTING: unanimous (4-0); motion carried.
 
Rec Committee (3Year Term)
MOTION by Tim Pudvar, SECOND by Gary von Stange, to (re)appoint Peggy Coutu and Sue McLellan to the Rec Committee for a term of three years. VOTING: unanimous (4-0); motion carried.
 
Water Commission (3 Year Term)
MOTION by Tim Pudvar, SECOND by Al Gobeille, to (re)appoint Pete Gadue to the Water Commission for a three year term. VOTING: unanimous (4-0); motion carried.
 
 
Cemetery Commission (3 Year Term)
MOTION by Tim Pudvar, SECOND by Al Gobeille, to (re)appoint Stuart Morrow and Ruth Morrow to the Cemetery Commission for a term of three years. VOTING: unanimous (4-0); motion carried.
 
MOTION by Tim Pudvar, SECOND by Gary von Stange, to appoint Betty Marcher to a three year term on the Cemetery Commission.
DISCUSSION: Betty Marcher expressed interest in computerizing the cemetery records for access in the town office and on the town website. Peter Frankenburg stated Ms. Marcher works for the town in an administrative function in the Finance Department and as a webmaster, neither of which conflicts with a position on the Cemetery Commission. Ms. Marcher’s motivation is to share in the pride of the cemetery and help in the dissemination of information. There were no further comments.
VOTING: unanimous (4-0); motion carried.
 
Historic Preservation and Design Review Commission (3 Year Term)
MOTION by Gary von Stange, SECOND by Tim Pudvar, to (re)appoint Ann Milovsoroff and Laurie Valentine to a three year term on the Historic Preservation Committee. VOTING: unanimous (4-0); motion carried.
 
Historic Sites Committee (3 Year Term)
MOTION by Tim Pudvar, SECOND by Al Gobeille, to (re)appoint Bud Ockert and Stuart Morrow for a three year term on the Historic Sites Committee. VOTING: unanimous (4-0); motion carried.
 
Natural Resources and Conservation Committee (3 Year Term)
MOTION by Gary von Stange, SECOND by Tim Pudvar, to (re)appoint Judith Peabody and Peg Rosenau to the Shelburne Natural Resources and Conservation Committee for a term of three years. VOTING: unanimous (4-0); motion carried.
 
It was noted there is one vacancy on the Natural Resources and Conservation Committee.
 
Bike/Ped Path Committee (3 Year Term)
MOTION by Tim Pudvar, SECOND by Gary von Stange, to (re)appoint Steve Gronlund to the Bike/Ped Paths Committee for a three year term. VOTING: unanimous (4-0); motion carried.
 
MOTION by Tim Pudvar, SECOND by Gary von Stange, to (re)appoint Gabriela Meyer to the Bike/Ped Path Committee for a term of three years. VOTING: unanimous (4-0); motion carried.
 
11.       PRESENTATION/DISCUSSION/CONSIDERATION OF APPROVAL OF WAYFINDING PROGRAM
Dean Pierce gave a brief history of the wayfinding sign program recommended by the consultant (Landworks) who worked with an ad hoc committee in Shelburne. A state grant paid for the consultant’s services. Design of a logo was not part of the project. There is no funding to refine the sign design or implement the plan at this point in time. Renderings of the proposed signs were shown.
 
Dorothea Penar said the Design Review Commission had concerns about the outdoor kiosk getting messy and preferred using space inside a building for pamphlets and brochures. Also, if the town’s logo is changed the shape of the sign is impacted. The logo has to fit the design of the sign. Street clutter from too many or unnecessary signs was another concern. Gwen Webster echoed the concern for too many signs.
 
MOTION by Gary von Stange, SECOND by Al Gobeille, to approve the concept of the wayfinding sign system subject to further deliberation by the two committees (design review and planning commission) and subject to future funding. VOTING:  unanimous (4-0); motion carried.
 
12.       CONSIDER APPROVAL OF REQUEST FROM KESHEV, LLC (ECONOLODGE) FOR WAIVER OF PENALTY ($200.66) AND INTEREST ($37.72) FOR LATE PAYMENT OF SEWER BILL
J.P. Bhagat, General Manager of the Econolodge, stressed the practice by his company to pay bills on time and the mailing of the sewer bill one day before the due date, but the postmark did not reflect this. It was not known that there is a drop box for payments at the town office. Peter Frankenburg stated the town’s policy is payment must be received or postmarked on or before the due date. Bill Smith noted in the past the Selectboard has held people to the rule and being responsible to make a timely payment. Only in an extreme emergency, such as a person being rushed to the hospital on the due date, has an exception been made. Mr. Bhagat asked about a grace period, especially for an unintentional situation.
 
MOTION by Al Gobeille, SECOND by Tim Pudvar, to grant the request by Keshev, LLC (Econolodge) for wavier of penalty in the amount of $200.66 and interest in the amount of $37.72 for late payment of the sewer bill. VOTING: 0 ayes, 4 nays (Smith, Pudvar, Gobeille, von Stange); motion did not carry.
 
Mr. Bhagat was advised to contact the Finance Director for an explanation of the calculation of penalty and interest on his account.
 
13.       CONSIDER EXECUTING LETTER OF CREDIT WITH CHITTENDEN BANK IN THE AMOUNT OF $100,000 AT AN ANNUAL INTEREST RATE OF 2.25%
Paul Bohne explained the funding is to cover work on the sewer system until reimbursed by the State. A loan was granted from the state for $340,000 worth of work and half the loan will be forgiven. The remaining half will be financed for 20 years at 2% interest.
 
MOTION by Tim Pudvar, SECOND by Gary von Stange, to execute the letter of credit with Chittenden Bank in the amount of $100,000 at an annual interest rate of 2.25%. VOTING: unanimous (4-0); motion carried.
 
14.       CONSIDER REQUEST FOR WAIVER OF $2,435.38 IN PENALTY AND $14,009.59 IN INTEREST FOR LATE PAYMENT OF PROPERTY TAXES FROM 2005-2009 BY CHALRIMSAK CHOMPUPONG
Paul Bohne noted the building owned by Mr. Chompupong on Shelburne Road has been vacant and for sale without success to date. Staff has been working with the property owner on a payment schedule.
 
MOTION by Gary von Stange, SECOND by Al Gobeille, to waive the penalty in the amount of $2,435.38 and interest in the amount of $14,009.59 owed by Chalrimsak Chompupong for late payment of property taxes from 2005-2009. VOTING: 0 ayes, 4 nays (Smith, Pudvar, Gobeille, von Stange); motion did not carry.
 
15.       CONSIDER ESTABLISHING MONTHLY ASSIGNMENTS OF BOARD MEMBERS TO APPROVE PAYROLL AND ACCOUNTS PAYABLE WARRANTS
MOTION by Tim Pudvar, SECOND by Gary von Stange, to establish monthly assignments of board members to approve payroll and accounts payable warrants.
DISCUSSION: It was explained board members will review and sign payables of the town in lieu of bringing the warrants to each meeting for signing.
VOTING: unanimous (4-0); motion carried.
 
16.       CONSIDER APPROVAL OF RENEWAL REQUESTS FOR LIQUOR AND TOBACCO LICENSES
The Selectboard signed the associated documents.
 
17.       CONSIDER APPROVAL OF MINUTES (3/9/10)
MOTION by Tim Pudvar, SECOND by Gary von Stange, to approve the 3/9/10 minutes as written. VOTING: unanimous (4-0); motion carried.
 
18.       MANAGER’S REPORT
Paul Bohne briefed the Selectboard on the following:
  • Screens at Shelburne Fieldhouse are rusty and the agreement was that the screens were to be white. As part of a court settlement the town will not interfere with the property owner seeking permit amendments (Act 250 and town permit) to remove the screens.
  • Information will be forthcoming on storm water permits for non-impaired water ways (nine permits) and expired permits on impaired water ways (Monroe Brook). The state is embarking on a process to bring permits into compliance for maximum daily load of phosphorus and the watershed of Monroe Brook.
  • Public hearing on the amendment to the Town Plan and bylaws was set for April 27, 2010. A second public hearing needs to be scheduled.
MOTION by Gary von Stange, SECOND by Tim Pudvar, that the Selectboard warn a second public hearing on the amendments to the Town Plan for May 11, 2010. VOTING: unanimous (4-0); motion carried.
 
19.       MEMBER CONCERNS
Rep. Joan Lenes provided the Selectboard with a copy of a joint resolution between the House and Senate endorsing state and municipal involvement in the Google project for high speed broadband service. Bill Smith noted he received a call of concern about the Google search engine and learning patterns of users as well as precluding other servers. Gary von Stange recalled Google’s offer to share service with others. Joan Lenes stated both legislative economic development committees reviewed the offer from Google. Chris Gibbons gave a satisfactory response to concerns. Vermont is the size of the area Google is seeking for the test site. The state is also submitting an application.
 
20.       EXECUTIVE SESSION and/or ADJOURNMENT
MOTION by Gary von Stange, SECOND by Tim Pudvar, to adjourn the regular meeting and convene Executive Session to discuss real estate litigation, and to invite the Town Manager to attend. VOTING: unanimous (4-0); motion carried.
 
The regular meeting was adjourned and Executive Session convened at 9:37 p.m.
 
The Selectboard exited Executive Session at 10:20 p.m.
 
 
RScty:MERiordan
 
Accepted,
 
 
For the Shelburne Selectboard

January 2010

February 2010

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April 2010

May 2010

June 2010

July 2010

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P.O. Box 88
5420 Shelburne Road
Shelburne, VT 05482
phone: 802-985-5110
fax: 802-985-9550


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