Selectboard Meeting Minutes

TOWN OF SHELBURNE SELECTBOARD
MINUTES OF MEETING
APRIL 13, 2004

MEMBERS PRESENT: Steve Dates, Chairperson; Jim Dudley, Chris Neme, Lisa Levine. (Barbara Francis was absent.)

STAFF PRESENT: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer.

OTHERS PRESENT: Joseph Maille, Bill Rockford, Michael Villanti, Joyce Errecart, Maureen O’Brien, Marol Zando, Linda Lavalette, Jan Forgays, Bill Hoadley, Steven Antinozzi, Dick Reid, Clint West, David Wool, Roberta Wool, George Faris, Gregg Beldock, Robert Link, Anne August, Andrea Van Hoven, Susan Davis (Shelburne News), and others.

EXECUTIVE SESSION

The Board entered Executive Session for the purpose of discussing personnel and contract matters where premature knowledge would place the Town at a disadvantage, and invited the Town Manager to attend. The Board entered Executive Session at 6:00 p.m. and adjourned at 7:09 p.m.

1. CALL TO ORDER (regular meeting)

Mr. Dates, Chairperson, called the regular meeting to order at 7:10 p.m.

2. PUBLIC HEARING – RE-ADOPTION OF THE SHELBURNE TOWN PLAN

Mr. Dates opened the public hearing. There were no comments from the public Dean Pierce, Town Planner, noted that information could be sent via e-mail and that a sign-up sheet for e-mail addresses was available. There were no questions/comments from the Selectboard. MOTION by Mr. Dudley, seconded by Mr. Neme, to close the public hearing on re-adoption of the Shelburne Town Plan. VOTE: unanimous (4-0); motion carried.

3. APPROVAL OF AGENDA

The agenda was amended as follows: Item #9, Request from Shelburne Bay Senior Living for Exemption from Impact Fees, was tabled until the next meeting of the Board.

4. CITIZEN PARTICIPATION

Ms. Lavallette asked if money had been borrowed to purchase additional land to expand the cemetery as voted at the March Town Meeting. Mr. Dates explained that the property was not purchased. The bond vote only gave authorization for the Selectboard to negotiate a contract. There was no contract and no money borrowed.

5. RE-ADOPTION OF THE SHELBURNE TOWN PLAN

MOTION by Ms. Levine, seconded by Mr. Dudley, to re-adopt the Shelburne Town Plan with revisions/appendices as presented. VOTE: unanimous (4-0); motion carried.

6. AD HOC VELCO COMMITTEE REPORT

Mr. Rockford, VELCO Committee Chairperson, narrated an overhead presentation on the proposed VELCO re-route, dates to submit pretrial testimony (05/20/04), rebuttal (07/02/04), and close of arguments (08/26/04), Plan B ‘alternatives’ discussions between Meach Cove and VELCO, 52’ pole heights proposed in the Bostwick Road/bridge area, and a proposal to bury distribution lines and keep overhead transmission lines. There was no available information regarding pole height and impacts in the Fletcher Lane/Davis Park area. Overhead lines were proposed over McCabe’s Brook to Depot Road, then underground to the substation. Pole height was still a concern for the Shelburne Museum. The line could potentially go within 150’ of the Harbor Crossing condos. There was potential cost savings by moving the point of undergrounding the northern section to Bay Road, which would be underground to the Shelburne/South Burlington town line. Next steps include continuation of working with Meach Cove (Meach Cove will meet with VELCO Friday, 04/16/04), continuing to explore alternatives, meeting with other towns and preparing testimony; and seeking approval for engineering expense funding. Ms. Lavallette expressed concern for residents’ safety regarding aerial spans proposed. Mr. Dates asked if the VELCO committee was recommending a “red” route as shown on the proposed routing map. Mr. Rockford replied the committee needs to explore further alternatives as well as hold more discussions with Meach Cove. The angle of the structures at one point would make a ninety degree turn, which would be substantial in size, and might require a large cleared area. Further information was needed. There was further discussion regarding the substation as proposed by VELCO (Mr. Rockford suggested that there might be an alternate location of the substation), concern that a question of project “need” might not be usable if the project was considered a “pass-through” (Mr. Rockford said that as a committee they were not charged with discussing “need’, but if all 21 towns pulled together they could challenge the question of “need”), and concerns that the experts presented by VELCO before the PSB were lacking in credentials about health safety of the project and the testimony was not the most persuasive. Ms. Errecart noted that the law permits the Public Service Department and Board to retain outside experts and bill the utility. Up to this point the Board was relying on testimony from VELCO, but two sides of the issue are needed. Ms. Errecart said consideration to file a motion to the PSB to hire experts might get more attention if there were a number of supporting interveners. The legal and political situation was a concern. Also, Vermont’s five percent cost share of the project may be driving the speed of the approval process. Fairfield, Connecticut was planning a costly undergrounding project as part of the regional power network. Ms. Errecart expressed concern that Vermont might pay for five percent of the Connecticut costs. Mr. Neme asked if there was fund raising activity. Mr. Rockford replied the committee has made initial contacts with a goal to raise $20,000-$25,000. Realistically, only $5,000 might be possible. Ms. Forgays, resident, asked if an economic impact study was a point to base the Town case on. Ms. Errecart answered that the health issue was the strongest case. Ms. Lavalette asked if an attorney should be hired. Ms. Errecart said it was better to partner with other towns and move on multiple fronts. Mr. Reid read and submitted a written statement on the new VELCO proposal related to unacceptable overhead transmission lines near the Harbor Crossing community. The line over the Harbor Crossing land should be shifted to an alternative route. Roberta Wool, Depot Road resident, expressed concern regarding a proposal to run the transmission lines near the Depot Road neighborhood and potential health safety issues.

7. EXPENDITURE OF OPEN SPACE FUNDS FOR TWO SPECIFIC PROJECTS

Andrea Van Hoven, Natural Resources and Conservation Committee Chairperson, provided an information sheet and site maps of the Maille-Borden farm and the Clark property conservation projects. Ms. Van Hoven explained that the Vermont Land Trust would assist in the Maille-Borden project. The Town proposed to use up to $150,000 of Open Space funds. The Borden family has signed a contract to give the Town time to secure remaining funding, which would include grants. A resident noted that farmers needed hayfields to farm. The Sutton land on the west side of Dorset Street should also be preserved and added to the project. Also, the fewer houses built on Dorset Street, the better. Ms. Van Hoven replied that the west side of Dorset Street was more expensive because the land was more developable. There was further discussion regarding adding a proposed wetland conservation area located in the southeast corner on the Maille-Sutton farm to existing Shelburne Pond conserved land. Ms. Van Hoven explained the one-acre Clark property conservation project located on the Route 7/LaPlatte River Bridge area. The property was an important piece to the Village green belt and for improving river and lake water quality. The old house would be removed and stream bank restoration would be done and maintained. The name suggested was “Shelburne Village River Park”. The Town was working with the Lake Champlain Land Trust, and proposed using $40,000 of Open Space funds, grants, and private fund raising. The Clark family signed an agreement to allow time for the Town to fundraise. Mr. Hoadley asked how the Clark property development would impact an existing wildlife corridor. Ms. Van Hoven stated there would be no buildings or port-a-potties. The project would be an attractive entryway into the Village. Mr. Neme spoke in support of the project, but recused himself from voting on the project. Mr. Reid suggested adding a management plan to the conservation easements for agriculture use before any documents were signed. MOTION by Mr. Dudley, seconded by Ms. Levine, to approve an expenditure of $150,000 from the Open Space fund in coordination with the Vermont Land Trust for the purchase of the development rights of the Maille and Sutton property as presented. VOTE: 3 ayes, 1 abstention (Mr. Neme); motion carried. MOTION by Mr. Dudley, seconded by Mr. Neme, to approve applying $40,000 from the Open Space fund in coordination with the Lake Champlain Land Trust for the outright purchase of the Clark property as presented. VOTE: unanimous (4-0); motion carried. Mr. Faris thanked the Natural Resources and Conservation Committee for their hard work on behalf of the Town.

8. BAY ROAD – DECISION ON IMPROVEMENTS

Mr. Bohne reviewed prior discussions of proposed improvements to the Bay Road and railroad underpass. It would be 25 years before the bridge could be considered for reconditioning, and Vermont Railway has no incentive to make improvements to the underpass. The project could be put on hold and revisited in the future. Mr. Bohne explained that MPO projects were generated from a town request. A 1998 scoping study funded through the MPO looked at the condition and needs of proposed town projects in Shelburne. It was clear that the MPO worked on behalf of the towns. Ms. Forgays, Bay Road resident, reported on a process necessary to receive Scenic Road designation. Bay Road had a long history. The road started as an early Native American travel trail, however, the Scenic Road designation did not carry any funding with the program. The State would support recognition in state publications and a scenic road plaque could be erected. There were maintenance standards imposed by the state, which the Town was already doing. Public hearings would have to be held before any substantial changes to a scenic road could be done. When Yacht Haven development was built, an archeological study was conducted and Native American artifacts were found on the site. Ms. Lavalette asked if the Town considered Bay Road a 3-rod or a 4-rod road. Mr. Bohne replied the Town conducted research regarding right-of-ways and Bay Road was accepted as a 3-rod road. Ms. Lavalette asked if the Town had voted down the Bay Road underpass project. Mr. Dates replied the Selectboard had put the project on hold and would not propose a vote. Ms. Levine explained that it would take a town request to bring the project back before the MPO to re-start the project. Mr. Dudley said as the Town MPO representative, he was not planning to bring the project up.

9. RECREATION PLAYING FIELDS PLAN

Announcement Mr. Bohne reviewed the proposal by Gregg Beldock to purchase the Blodgett property owned by Pizzagalli and change the use into an indoor recreational building. Blodgett still held a lease from Pizzagalli on the building and there were issues regarding wetlands on the property. A plan regarding long term needs for recreation fields would turn an existing field into a regulation Babe Ruth field with parking. Mr. Beldock outlined a plan to create better soccer fields, two indoor soccer fields, and space for the Shelburne Athletic Club and a physical therapy business. The plan could move forward assuming the Town supports the recreation use. Also, there was a proposal to build 10 residential median income units on a 700’ strip of land that was within the Village District. The finished product would be turned over to the Town and 15 acres of wetlands would be conserved. Five acres would be used for athletic fields. The residential units would use 2.5 acres. The school may use the indoor facilities, and in the summer the Town would lease the fields to (Beldock) for use. Mr. Bohne said the Town was looking at re-adaptive use of school fields for recreational needs. Mr. Reid asked if he could open discussion on the VELCO substation now that it appeared the Town would have more land. Mr. Dates said that if the proposal was finalized, then the Town would consider pushing the substation off Harbor Road and back into a corner. It was a better alternative the Town could bring to the VELCO negotiations. Mr. Reid asked if a new re-route would be filed if VELCO agreed to a different location. Mr. Dates clarified that if there was a location change, then VELCO would have to re-file. Ms. Lavalette asked if children would be at risk if the proposed recreation fields were position under the proposed VELCO transmission lines. Mr. Dates stated that details would be worked out between Mr. Beldock and the Town. Currently, the proposal included four all-purpose fields. There was $1.2 million in the Capital Plan for recreation fields and (the Town) would like to include the school fields as well. Public meetings would be held with a goal of a June vote. The estimated cost was ¾ of a cent on the tax rate. It was expected that the recreational field proposal would be brought to the Town before the VELCO issue was resolved.

10. REQUEST FROM SHELBURNE BAY SENIOR LIVING FOR EXPEMPTION FROM IMPACT FEES

Tabled until the next meeting..

11. APPOINTMENTS

MOTION by Mr. Dudley, seconded by Mr. Neme, to appoint Bill White to the Natural Resources and Conservation Committee. VOTE: unanimous (4-0); motion carried. MOTION by Mr. Dudley, seconded by Ms. Levine, to appoint Stitzel, Page and Fletcher as the Town Attorney for the coming year. VOTE: unanimous (4-0); motion carried. MOTION by Mr. Dudley, seconded by Ms. Levine, to appoint Spencer Potter as the Town Assessor for the coming year. VOTE: unanimous (4-0); motion carried. MOTION by Mr. Dudley, seconded by Mr. Neme, to appoint the Town Manager as the Town Service Officer for the coming year. VOTE: unanimous (4-0); motion carried. MOTION by Mr. Dudley, seconded by Mr. Neme, to appoint Tom Bissonette as Health Officer, and the Town Manager as Deputy Health Officer for the coming year. VOTE: unanimous (4-0); motion carried.

12. APPROVAL OF LIQUOR LICENSES

Mr. Bohne reported that there was no history of violations per the Police Department for the presented requests for liquor licenses. The Selectboard signed the documents.

13. REQUEST FOR WAIVER OF PENALTY FOR DELINQUENT PROPERTY TAXES

Waxman, 3414 Harbor Road MOTION by Mr. Dudley, seconded by Mr. Neme, to grant a request for waiver of penalty for late payment of property taxes by the Norman Waxman property at 3414 Harbor Road in the amount of $305.21. DISCUSSION: Mr. Dudley said that it appeared the property owner was traveling and missed the due date. This was a first time offender, but generally that was not considered ‘extenuating circumstances’. Mr. Neme asked if the Board knew how many days the payment was beyond the due date. Mr. Dates noted the letter was dated two weeks after the due date. VOTE: 0 ayes, 4 nays (Mr. Dates, Mr. Dudley, Mr. Neme, Ms. Levine); motion did not carry. Pollak, 6527 Spear Street MOTION by Mr. Dudley, seconded by Mr. Neme, to grant a request by Noah Pollak for waiver of penalty for late payment of property taxes by the Stephen Pollak property at 6527 Spear Street in the amount of $169,50. DISCUSSION: Mr. Dudley said Noah Pollak was at Ft. Benning when his father passed away and was not aware of tax dates. Mr. Neme agreed the situation could be considered extenuating circumstances. Mr. Dates asked if Mr. Pollak had an attorney to assist in taking care of his father’s affairs. Ms. Levine explained that the estate process was not as simple as it appeared. Also, the son was not the property owner. VOTE: unanimous (4-0); motion carried.

14. SEWER ALLOCATION – ABC/MRC

Mr. Bohne reviewed the ABC/MRC sewer allocation request as renewal of a prior granted allocation which expired. MOTION by Mr. Neme, seconded by Ms. Levine, to grant ABC/MRC, Inc., a total sewer allocation of 360 gpd as follows: 210 gpd for a single family dwelling located at 5816 Spear Street and 150 gpd for non-residential use located at 5800 Spear Street; an Aid-In-Capacity fee must be paid in the amount required at that time prior to receiving a building permit. VOTE: unanimous (4-0); motion carried.

15. APPROVAL OF MINUTES MARCH 23, 2004

MOTION by Mr. Dudley, seconded by Mr. Neme, to approve the 03/23/04 Selectboard minutes as written. VOTE: unanimous (4-0); motion carried. MARCH 30, 2004 MOTION by Mr. Dudley, seconded by Ms. Levine, to approve the 03/30/04 Special Selectboard meeting minutes as written. VOTE: unanimous (4-0); motion carried. APRIL 3, 2004 MOTION by Mr. Dudley, seconded by Mr. Neme, to approve the 04/03/04 Special Selectboard meeting minutes as written. VOTE: unanimous (4-0); motion carried.

16. MANAGER’S REPORT

Mr. Bohne reported on the following items: • Two bids were opened on the tennis court project and a contract awarded. Construction would start in June. • The Fire Department has applied for a Homeland Security grant, which would be used to purchase equipment. • The Regional Planning Commission would conduct fly-overs for photographic purposes. The photographs would be utilized as a planning tool. Manholes have been marked white to assist in mapping the Town sewer system. • Town support and promotion was requested regarding a 10% Challenge program scheduled for May 19, 2004 at 7:30 p.m. at the Village Center. • Two Town employees have successfully completed flagging training and have been re-certified as flaggers. 17. BOARD MEMBER’S CONCERNS Mr. Neme commented that having Bay Road listed on state maps as a Scenic Road might be advantageous, and the Town should look into an historic site marker. Mr. Dudley said the Town would need to understand implications and if residents were interested in going forward with the designation. Mr. Dudley said that he would miss the Tuesday Recreational Field meeting. Mr. Dates asked if the meeting should be warned as a Selectboard meeting or as an informational meeting. Mr. Bohne said that invitations were sent out to neighbors for the meeting on 04/20/04. A Selectboard meeting could piggyback the VELCO meeting. Ms. Levine suggested reviewing recreation field needs and options. Mr. Dates replied the need statement was for existing programs and did not address adult programs. Also, a build-out analysis for ultimate population was a consideration. Mr. Neme asked what the Recreation impact fee balance was. Mr. Frankenburg said that impact fees funded bike and pedestrian paths as well. Staff could provide additional information. 18. ADJOURNMENT/EXECUTIVE SESSION MOTION by Mr. Dudley, seconded by Ms. Levine, to adjourn the regular meeting and to enter Executive Session. VOTE: unanimous (4-0); motion carried. The regular meeting was adjourned and Executive Session convened at 9:35 p.m. Executive Session was adjourned at p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Accepted,
Stephen B. Dates

DRAFT TOWN of SHELBURNE SELECTBOARD

Minutes of Special Meeting April 3, 2004

Members Present: Stephen Date, Chair; Jim Dudley, Vice Chair; Barbara Francis; Lisa Levine; Chris Neme

Staff Present: Paul Bohne, Town Manager

1. Call to Order

Chairman Stephen Dates called the meeting to order at 8:10 A.M.

2. Approval of Agenda

Mr. Dates presented a proposed agenda. There were no changes.

3. Citizens’ Comments

There were no citizens present.

4. Discussion of Various Issues

The Board discussed a wide range of issues in an effort to provide clarity and to set priorities for the coming months. After discussion regarding the process used to appoint members to Boards, Commissions and Committees, Barbara Francis moved to reappoint Reginald Gignoux to a 3 year term to the Planning Commission. Lisa Levine seconded the motion, which was approved by a vote of 5 in favor, 0 opposed. The Board asked Chris Neme to contact Mr. Gignoux to inform him of the decision. The Board discussed providing charters to each standing committee. The history and the need of keeping the Mooring Committee was discussed. There was consensus that should there be a future need for the Board to need advice on issues about the Town moorings, the Board could appoint an ad hoc committee to provide such advice. Jim Dudley moved to abolish the Mooring Committee with thanks to those who served. Barbara Francis seconded the motion, which passed with a vote of 5 in favor, 0 opposed. 5. Adjournment The meeting adjourned at 12:00 Noon.

Respectfully submitted, Paul W. Bohne III Town Manager
Approved, Stephen B. Dates Chairman

TOWN OF SHELBURNE SELECTBOARD
MINUTES OF MEETING
APRIL 27, 2004

MEMBERS PRESENT: Steve Dates, Chairperson; Jim Dudley, Chris Neme, Lisa Levine, Beverly Francis.

STAFF PRESENT: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer.

OTHERS PRESENT: Linda Lavalette, Bill Hoadley, Robert Schumacher, Chris Cole, Katie Camardo, Richard Walters, Dave Davis, Bev Jacobson, Craig Wooster (Shelburne Fire Chief), Susan Davis (Shelburne News), and others.

EXECUTIVE SESSION

The Board entered Executive Session for the purpose of discussing personnel, litigation, and contract matters where premature knowledge would place the Town at a disadvantage, and invited the Town Manager to attend. The Selectboard entered Executive Session at 6:00 p.m. and adjourned Executive Session at 7:09 p.m.

1. CALL TO ORDER (regular meeting)

Mr. Dates, Chairperson, called the regular meeting to order at 7:10 p.m.

2. APPROVAL OF AGENDA

Added to the agenda: 6(b) – Planning Commission Appointment; 9(b) – Liquor License Approvals.

3. CITIZEN PARTICIPATION

There were no public comments

4. REQUEST FROM THE WATER COMMISSION FOR ADDITIONAL REVENUE FROM ANTENNA RENTAL ON SOUTH WATER TANK

Mr. Bohne reported for the last three years there have been three telecommunication carriers renting antenna space for $1,000 per month and two carriers renting ground space for $500 per month on the south water tank. Revenues were split: $13,000 to the Water Commission and $35,000 to the Town General Fund. Mr. Schumacher, Water Commission representative, explained carriers have rented space on the water tank for ten years. Previously all revenue went to the Water Commission to offset the cost of tank maintenance. Currently, the Commission was receiving 25 percent of the revenues and was seeking more of the revenues for maintenance of the tanks. The Town should take 100 percent of the rent revenue and incur all of the maintenance costs or the Water Commission should, stated Mr. Schumacher. Mr. Bohne explained that the Water Commission was user-fee based and did not receive tax dollars. There was discussion of major maintenance issues that included re-painting of the water tanks on a 20 year schedule, problems re-painting the tanks with telecommunication antennas on the tanks (contractors can not sand blast the tank in preparation of painting with an antenna in place), the amount of bids received for maintenance work (a bid of $191,000 was received to repaint the south tank), and Town-borne expenses versus Water Commission expenses. Mr. Schumacher said that water users have paid for the tank installation and maintenance. Town taxpayers were benefiting from the revenues, not the water users. Mr. Dates noted there were legal costs associated with the telecommunication process, such as contract negotiations with the carriers. Painting one tank every 20 years at $200,000 costs $10,000 per year. If the Commission set the funds aside from the rental revenues, costs would be covered. Mr. Bohne stated that the contracts were three-year leases and the telecommunication companies must justify making a “good faith” effort to find another location. Also, there was a three percent escalator in the contract agreement. Mr. Dates said a letter was sent to the telecommunication companies last May regarding efforts to relocate. There was further discussion regarding Town-wide obligations to furnish a place for towers which did not necessarily include space on a water tank, a potential 20 percent increase in water user-fees, and the Water Commission Capital Improvement fund which did not include a line item for painting tanks. Ms. Francis said she would like to see the additional cost burden associated with placing antennas on the water tank, general maintenance costs to water users, and future legal issues/costs related to the telecommunication use to the Town. Mr. Dates asked if the Water Department or users were being negatively impacted due to a split of the revenue. Mr. Schumacher replied the issue is equitable distribution of the money.

5. REQUEST FROM SHELBURNE BAY SENIOR LIVING FOR EXEMPTION OF IMPACT FEES

A Shelburne Bay Senior Living Center representative did not appear and the request for exemption from Impact Fees was tabled.

6. PRESENTATION OF TASK FORCE REPORT ON FUNDING FOR PUBLIC TRANSPORTATION

Chris Cole, CCTA General Manager, narrated a power point presentation on the report from the Regional Task Force for Public Transportation. Mr. Cole noted that Shelburne had the highest percentage of senior population, which impacted SSTA service. Other issues included services in Chittenden County and beyond and funding challenges. There was discussion of the cost to provide ADA/SSTA service. Mr. Cole explained SSTA was a $500,000 portion of the total budget serving two percent of the ridership. There was also discussion of the cost of ADA services at $19 per hour for which member towns are billed at 50% of the cost. It was noted there is a national movement to build light rail to address public transit needs. There is joint effort by CCTA, MPO, and RPC to work toward a Regional Transportation District (RTD). Mr. Cole said the Task Force would seek feedback from communities on proposed RTD governance, funding regionally versus locally, potential revenue sources that included additional sales taxes, proposing a RTD to the Legislature at the next Legislative session, and looking at regional commuting patterns related to Chittenden County that included towns outside of Chittenden County. Mr. Cole will forward to the Town Manager the Shelburne statistics on Shelburne senior citizen interest in using public transportation and a copy of the Task Force report presentation. 6(b). PLANNING COMMISSION APPOINTMENT MOTION by Mr. Dudley, seconded by Ms. Francis, to appoint Hudson “Tucker” Holland, III to the Planning Commission. VOTE: unanimous (5-0); motion carried.

7. CAPITAL BUDGET

Mr. Bohne reviewed that the Board was behind in adopting the draft Capital budget, however, there were on-going Fire Department expense discussions. The Board could warn a public hearing on May 22, 2004 (Selectboard meeting). Staff was seeking a First Reading this meeting. Mr. Frankenburg reviewed the draft Capital Budget and Programs. The budget outlined already approved projects for one year. The programs outlined projects/expenses/funding for the following five years. A “Deferred Projects” column was added for projects that were still under consideration (for example, a fourth police cruiser may be needed in the future). Projects charging impact fees must be adopted in the Capital Budget. State statute mandates that if impact fees are charged, the town must spend the funds on the adopted project within six years or the funds are returned to the source (for example, the $6,035 per single-family impact fee would go back to the property owner). Fees were updated as costs changed. Bev Jacobson, resident, asked if educational impact fees must be used for the approved project or for other than a new school. Mr. Frankenburg replied the funds are tied to the project in Capital budget. New school funds could be spent on design work for a new school. Mr. Dates said that approved plans could be changed as long as it addressed growth. Mr. Frankenburg noted that the Bostwick Road Bridge and Route 7 reconstruction projects were state projects and not included in the draft budget, however, water and sewer line relocation associated with the Route 7 reconstruction project were included in the budget and the Town’s responsibility. The Fire Department request for construction of a second station and a ladder truck purchase was in the proposed budget. Fire Chief Wooster explained a second rescue boat was under discussion as well. Neither the Town nor the Coast Guard had fire-fighting capability for a marine fire (only rescues were possible currently). Regarding need for a second station, the Fire Department was reviewing growth projections, development impacts, and an increasing elderly population, and how this could affect fire department operations. A ladder truck was needed to reach rooftops. The department was exploring the potential of sharing equipment with neighboring departments. Mr. Dates pointed out $100,000 was added to the proposed budget for land acquisition for a station site. Fire Chief Wooster said the department was looking at three options that included expanding the existing building, a second station to house EMS/Rescue, or a second fire department station and renovating the existing station for EMS/Rescue. A safe training area for firefighters and rescue personnel was needed. Mr. Bohne noted small towns are trying to deal with the issue of staffing fire and rescue during the day. Shelburne had dedicated volunteers. Sharing the cost of equipment with neighboring communities was a win-win strategy. Ms. Levine asked if there would be an impact on response time with the shared concept. Mr. Bohne agreed this is an issue as is working through regional matters and leadership. Mr. Frankenburg reviewed proposed neighborhood paths phasing and funding. Staff will research the local share of an enhancement grant for the first phase. Line 22, playing fields, would change and adjustments to impact fees would be assessed. There was discussion of holding joint meetings with the Selectboard, Planning Commission and School Board to review proposed revisions to the Town Plan, a time frame for discussion of the overview of School Board enrollment forecasts and how to factor in school needs to the plan revisions, understanding Shelburne school capacity, enrollment and planning for future school infrastructure. Mr. Bohne said the School Board was looking at actual build-out patterns and projected new students. Mr. Neme will contact the Planning Commission regarding the Selectboard request for a bulleted format highlighting proposed changes to the Town Plan. MOTION by Mr. Dudley, seconded by Ms. Francis, to approve the 04/27/04 discussion of the proposed Capital Budget as a First Reading with minor revisions, and to warn a public hearing on 05/11/04. VOTE: unanimous (5-0); motion carried.

8. REQUEST FOR WAIVER OF PENALTY FOR DELINQUENT TAXES

MOTION by Mr. Dudley, seconded by Ms. Levine, to waive a penalty of $153.73 for delinquent taxes by Larry and Jan Sudray. DISCUSSION: Mr. Dudley reviewed a letter written by Mr. Sudray saying they had converted to e-banking and missed the property tax payment. Mr. Neme said it was unclear if there was a mix-up at the bank. Ms. Francis suggested the bank be asked to pay the penalty if the error is theirs. Ms. Levine commented that the Sudrays said the level of penalty was “absurd”, and asked if the 8 percent penalty fee should be addressed. Mr. Bohne noted the penalty rate was set by charter and any change would require a charter change (a Charter Committee would have to review the issue, present any changes to the Town, then send the proposal to the Legislature for approval). An 8% rate was common. Mr. Neme suggested a grace period. Ms. Francis pointed out a grace period would just set a new deadline. Mr. Dates observed the issue requires future discussion. CALL THE QUESTION by Mr. Dates. Discussion ceased. VOTE: 0 ayes, 5 nays (Dates, Dudley, Levine, Francis, Neme); motion did not carry.

9. REQUEST FOR SEWER ALLOCATION FROM THE MILLER REALTY GROUP/VERMONT TEDDY BEAR

 Mr. Bohne explained the Vermont Teddy Bear Factory was growing and entering Phase II of the “Green Building”. Employment was expected to grow to 100 over the next two years. Approval of the allocation request would provide 15 gpd per new employee. MOTION by Mr. Neme, seconded by Ms. Francis, to grant the request for 960 gpd sewer allocation to the Miller Group with the condition the Aid-In-Expansion fee, in the amount required at the time, be paid prior to receiving a building permit. VOTE: unanimous (5-0); motion carried.

9(b). LIQUOR LICENSE APPROVALS

The Selectboard signed the liquor license documents as presented.

10. APPROVAL OF MINUTES OF 04/13/04

MOTION by Mr. Dudley, seconded by Ms. Levine, to approve the minutes of 04/13/04 with the following corrections: Page 3, last sentence - add “..because (Mr. Neme) was a neighbor.”; Page 6, 2nd motion - correct the spelling of “Tom Bessette”. VOTE: 4 ayes, 1 abstention (Ms. Francis); motion carried.

11. MANAGER’S REPORT

The Manager’s Report was included in the Board packet.

12. MEMBER’S CONCERNS

Ms. Levine requested a more detailed review of employee contracts and benefits. Mr. Bohne explained that Selectboard review of contracts was held over several meetings in Executive Session. Mr. Dudley reported there was an item discussed at the CCMPO meeting that could affect the Town. The Agency of Natural Resources was exploring regulations related to idling vehicles. Mr. Dudley asked if Selectboard agendas were appearing on public television. Mr. Bohne confirmed this.

13. ADJOURNMENT (regular meeting) and EXECUTIVE SESSION

MOTION by Mr. Neme, seconded by Ms. Francis, to adjourn the regular meeting and enter Executive Session for the purpose of discussing litigation and contract matters where premature knowledge would place the Town at a disadvantage, and to invite the Town Manager to attend. VOTE: unanimous (5-0); motion carried. The regular meeting was adjourned and Executive Session convened at 9:30 p.m.
Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.
Accepted, Stephen B. Dates