Selectboard Meeting Minutes

TOWN OF SHELBURNE SELECTBOARD MINUTES OF MEETING AUGUST 10, 2004 MEMBERS PRESENT: Steve Dates, Chairperson; Jim Dudley, Barbara Francis, Chris Neme, Lisa Levine. ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer. OTHERS PRESENT: Garret Mott, Greg Brown, Gerry Thornton, Frank Thornton, Marilene Luxton-Jones, Kevin Clayton, Sue Davis (Shelburne News), and others. 1. CALL TO ORDER Mr. Dates, Chairperson, called the meeting to order at 7:00 p.m. 2. APPROVAL OF AGENDA Item 7 was moved before Item 5 Additions were as follows: Item 8a, Re-execution of Renewal of a one year Capital Equipment Note Item 8b, Execution of a Fields Bond Issue Note Item # 10b, Liquor License Approval 3. CITIZEN PARTICIPATION Mr. Thornton, resident, requested Board action on noise related to scheduled music concerts at the Shelburne Museum. Mr. Thornton suggested a noise ordinance. Mr. Bohne said that the concerts required a state permit, which addressed traffic disturbances related to public safety. The Town meets with the Shelburne Museum security and if (those concerns are) satisfied the Town signs off on the permit. The concerts have been well ordered with no concerns. There is a state “noise in the nighttime” statute, but that does not address a maximum noise level. Mr. Dudley explained that the bass reverberation levels were a concern more than anything else. The issue is a ‘sit down and discuss’ matter versus an ordinance matter. The Selectboard could facilitate discussions regarding play time and a reduction of sound levels. Marilene Luxton-Jones, resident, stated that the noise was an issue. Stage hands were conducting 1:00 p.m. sound checks. Also, political candidates/supporters stood along Route 7 with big signs, which caused some drivers to honk their car horns. Ms. Luxton-Jones had no issue with type of people who attended, but it was the amount of dust stirred up and the attitude of the museum. The museum does not return phone calls. Perhaps the Town could ask the museum to tone down the volume, but someone will need to monitor the mixing board personnel. Mr. Dates suggested scheduling a separate meeting. Residents and the museum would be contacted. 4. PRESENTATION BY THE REGIONAL PLANNING COMMISSION OF A TRANSPORTATION PROJECT: THE NORTHWEST VERMONT PROJECT Greg Brown, Chittenden County Regional Planning Commission, explained the Northwest Vermont project. The two-year Federal Highway ($65,000) funded project is a five region effort that will address transportation and land use in the Route 7/Route 116/I-89 south corridors. The charge of the Corridor Advisory Committee will be to collectively develop tools for a long range plan communities could use. The Route 15 north corridor would be involved as well. The Corridor Advisory Committee will include community members, town planning commissions and zoning members. Addison municipalities will be invited to participate. Ten meetings will be held over two years regarding concerns with land use changes along or near the corridor areas, defining “corridor”, and utilizing computer models to forecast population and employment growth related to transportation changes. The work is currently done by the CCMPO. There are no preconceived notions. It will be up to the Advisory Committee to identify concerns and issues and bring them forward. The Committee will identify resources outside the RPC network and pool those resources. The first meeting is scheduled for October. Mr. Brown provided copies of an overview of the process and introduced Garret Mott, PRUC Chairperson. Mr. Mott reviewed the timeline and two required public hearings. Public input will be sought in the early stages of the process. Questionnaires have been sent out and are available on the website: www.ccrpcvt.org. Comments and input will be gathered via informative articles, press releases and interviews. Shelburne staff will link the town website to the CCRPC site. Mr. Brown said that the final long range NVP transportation plan will be incorporated into the Regional Plan to mesh the two plans. Mr. Neme asked how a NVP plan would integrate with the Shelburne Town Plan, which the Town is in the process of updating. Mr. Brown explained that Chittenden County communities submit municipal plans, which the CCRPC reviews by state statute. This is a town opportunity to raise issues on a regional level. Towns will review the first NVP draft and submit input. The process is repeated three times. Mr. Mott pointed out that Chittenden County is unique in that 100 percent of communities have approved town plans. Ms. Levine will e-mail the Shelburne survey results to Mr. Mott. 5. DESIGNATION OF AUTHORITY TO HEAR APPEALS FROM THE 1% PENALTY FOR FAILURE TO FILE A HOMESTEAD DECLARATION Mr. Bohne reported 25 Shelburne residents failed to file a Homestead Declaration. State statute requires assessment of a one percent penalty on an individual’s property tax bill for the Educational portion only, which the town collects. It is a small amount of less than $2,000 in total. A taxpayer could grieve to the Listers, then the BCA or Selectboard for abatement. No one has filed a grievance with the Listers at this point. Mr. Dates said that a number of towns have done a single waiver, but this did not clear up the paper work, which resulted in a lien on the property. In some cases, the taxpayer has received a bill and paid it. To abate the penalty, the taxpayer must prove a hardship. The Board needs to determine if the matter should be handled through the BCA or a blanket policy to waive. The BCA suggested that the Selectboard take responsibility. MOTION by Mr. Neme, seconded by Mr. Dudley, to waive the one percent penalty for failure to file a Homestead Declaration as presented, unless fraud is suspected. VOTE: unanimous (5-0); motion carried. 6. PRESENTATION AND DISUCSSION OF POSSIBLE SITES FOR THE LOCATION OF ANTENNA FOR WIRELESS CARRIERS Mr. Bohne reported a letter from RCC Atlantic (Unicell) was received, dated 08/04/04, regarding the feasibility of a new communications facility site. Currently, there are three wireless carriers using the south water tank. The lease is a three-year lease, which can be renewed, but carriers must prove they are seeking alternate sites. RCC is exploring a location and will appear before the Selectboard at a future meeting. At issue is how much telecommunications coverage Shelburne must provide. 7. POSSIBLE USES FOR THE FORMER SHELBUNRE COMMUTER RAIL STATION – Discussion Mr. Bohne reviewed that CCTA was exploring a transportation link to Middlebury and has discussed using the former Shelburne Commuter Rail station as a Shelburne Park-and-Ride. A farmer’s market was proposed, but the State and the railroad had safety concerns. It may be possible for the Town to the lease space for a ten-year period for a semi-public parking lot at $1.00 per year plus maintenance costs. Ms. Francis spoke in favor of a public parking lot to benefit Shelburne businesses. Kevin Clayton, resident, said he was trying to locate a business in the Village, but there is a parking deficit. It is imperative to get long term use of the lot. There is a Town Green for a farmer’s market with 45 parking spaces. There are 185 unsigned parking spaces in the Village. Mr. Dates said that the agreement could include an “escape” clause if the State needed the lot back at some point. MOTION by Ms. Francis, seconded by Ms. Levine, to authorize the Town Manager to pursue a long term agreement/rental with the State of Vermont for lease of the former Shelburne Commuter Rail Station. VOTE: unanimous (5-0); motion carried. 8. RENEWAL OF A ONE-YEAR CAPITAL EQUIPMENT NOTE WITH CHITTENDEN BANK, PRINCIPAL AMOUNT IS $12,600 AT AN INTEREST RATE OF 2.1 PERCENT, NOTE IS TO FINANCE THE PURCHASE OF A HIGHWAY TRUCK a) Revised/Corrected $34,000 Note Previously Executed Mr. Bohne explained that a previously executed note for $34,000 had an interest rate typographical error. The corrected document required Selectboard signature. The Selectboard signed the corrected note for $34,000. b) Renewal of One Year Capital Equipment Note with Chittenden Bank; Principal Amount is $12,600 at an Interest Rate of 2.1% to Finance the Purchase of a Highway Truck MOTION by Mr. Neme, seconded by Ms. Levine, to renew a one-year Capital Equipment Note with Chittenden Bank with the principal amount of $12,600 at an interest rate of 2.1 percent to finance the purchase of a highway truck as presented. VOTE: unanimous (5-0); motion carried. The Selectboard signed the necessary document. c) Athletic Fields Bond Issue Note Execution MOTION by Mr. Neme, seconded by Ms. Levine, to borrow $1.250 million for a one-year Bond Anticipation Note at 1.95 percent interest as presented. VOTE: unanimous (5-0); motion carried. The Selectboard signed the document. 9. ENDORSEMENT OF THE ENHANCEMENT GRANT APPLICATION Mr. Bohne provided copies of the endorsement letter, dated 08/10/04, for an enhancement grant. Authorization for the Selectboard Chair to sign the endorsement was required. Mr. Dudley said that Section 5 of the proposed Bike/Pedestrian plan included crossing the LaPlatte River to Harbor Road. The enhancement grant may not be awarded for the full amount, but a State Bike/Pedestrian grant program might fill in the funding gap. MOTION by Mr. Dudley, seconded by Mr. Neme, to authorize the Shelburne Selectboard Chair to sign the letter of endorsement for the Enhancement Grant application as presented. VOTE: unanimous (5-0); motion carried. The Shelburne Selectboard Chairperson signed document. 10. RESOLUTION HONORING DAVID RATHBURN MOTION by Mr. Dudley, seconded by Ms. Francis, to accept the draft resolution in honor of David Rathburn in appreciation of 34 years of service to the Town of Shelburne. VOTE: unanimous (5-0); motion carried. 10b) LIQUOR LICENSE APPLICATION The Board signed a liquor license application for Mario’s Pizza and Beverage, formerly Uncle Leo’s. 11. APPROVAL OF MINUTES MOTION by Mr. Neme, seconded by Mr. Dudley, to approve the minutes of 07/27/04 with the following correction/addition: Page 1, Item 4, last sentence - change to read: “Mr. Dudley noted that the Town Plan addresses growth, transportation, recreation and many other areas, and is updated with a formal process on a 5 year basis. The Open Space plan, which is one of many inputs to the Town Plan, should be a living document, updated more frequently by the NRCC, and the Selectboard, and it may be a disadvantage for it to be an Appendix to the Town Plan.” VOTE: unanimous (5-0); motion carried. 12. MANAGER’S REPORT Mr. Bohne reported that the Shelburne Rescue Squad had held elections, and extended appreciation to the Squad Chief and Assistant Chief for their leadership and dedication. 13. MEMBER’S CONCERNS A second Annual Selectboard Retreat was scheduled for Saturday, September 25, 2004, 8:30 a.m. Ms. Levine noted that Bay Road residents requested the Town post the speed limit at 25 mph at the Bay Road bridge as recommended by the traffic engineer hired by the residents. Ms. Levine asked if staff could explore the possibility of a yellow advisory or white enforcement sign with the VTrans. Mr. Bohne suggested doing a town traffic study. 14. REGULAR MEETING ADJOURNMENT and EXECUTIVE SESSION MOTION by Ms. Levine, seconded by Mr. Dudley, to enter Executive Session for the purpose of discussing contract matters, and to invite the Town Manager to attend. VOTE: unanimous (5-0); motion carried. The regular meeting was adjourned and Executive Session convened at 9:00 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Accepted,  Stephen B. Dates Chair

TOWN OF SHELBURNE SELECTBOARD
 MINUTES OF MEETING
AUGUST 24, 2004

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

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

OTHERS PRESENT: Gillian Senior, Dan Albrecht, David Webster, Sue Davis (Shelburne News).

1. CALL TO ORDER

Mr. Dates, Chairperson, called the meeting to order at 7:05 p.m.

2. APPROVAL OF AGENDA

Additions: Item 8b, Fire Warden Reappointment.

3. CITIZEN PARTICIPATION

None.

4. ACKNOWLEDGE RECEIPT OF AN AMENDMENT TO THE ZONING BYLAWS AND SET A PUBLIC HEARING DATE

Mr. Dates reviewed the Board would vote to receive and accept an amendment to the zoning bylaws and to set a public hearing date. Ms. Levine asked for clarification regarding a paragraph that outlined the process to advance the timeline via a special meeting (Town Planner memo, dated 08/19/04, page 2). Mr. Bohne explained if the Board had met last week and voted to accept the amendment, then a public meeting could have been scheduled a few days before the proposed 09/28/04 date which is over the 30 days required. There is no choice at this time but to wait 30 days. Mr. Dates noted that the section outlining dimensions was missing. Mr. Bohne said that the Town Attorney had reviewed the draft document and made substantial changes. The Board could elect to meet 15 days prior to the 09/28/04 public hearing date to deal with the language changes. MOTION by Mr. Dudley, seconded by Ms. Levine, to accept receipt of an amendment to the zoning bylaws as presented. VOTE: unanimous (3-0); motion carried. MOTION by Mr. Dudley, seconded by Ms. Levine, to set a public hearing date on the proposed amendment to the zoning bylaws for 09/28/04. VOTE: unanimous (3-0); motion carried. Mr. Bohne said that a special meeting to deal with the changes made by the Town Attorney may need a 15-day legal notice prior to warning and suggested a date before 09/10/04. The Board scheduled the meeting on 09/08/04.

5. APPROVAL TO FILE A REQUEST WITH THE CHITTENDEN COUNTY METROPOLITAN PLANNING ORGANIZATION FOR PRIORITIZATION FOR FUNDING OF A PORTION OF THE WEBSTER ROAD/LONGMEADOW BIKE/PED PATH

Mr. Dudley explained that there could be two sources of funding to complete Section 5 of the proposed bike/pedestrian path along Route 7 across the LaPlatte River to Harbor Road. The Selectboard has already signed a letter of support for an Enhancement Grant application. There was an additional $2 million of State funding allocated for bike/pedestrian path projects. The Town could submit an application for the same segment. Mr. Bohne said that a path project must be recommended by the CCMPO. MOTION by Mr. Dudley, seconded by Ms. Levine, to authorize the Shelburne Selectboard Chairperson to sign a letter of support for a State of Vermont grant application to the CCMPO regarding the Shelburne bike/pedestrian path, Section 5. VOTE: unanimous (3-0); motion carried.

6. DISCUSSION OF INSTALLING FOUR SCENIC BY-WAYS INTERPRETIVE SIGNS IN SHELBURNE AND PROCESS FOR DECIDING CONTENT AND LOCATION

Dan Albrecht, CCRPC representative, provided copies of a letter, dated 07/27/04, that summarized the Lake Champlain Byway Chittenden County Corridor Management Plan from Charlotte to Milton, including the Essex Junction railroad station which is an entry point for visitors. Mr. Albrecht explained that a grant would pay for the first phase of basic interpretative signage along the corridor. Logos were developed to indicate the byway (to be located as a community entry and exit). In addition, four exhibit panels could be placed at four individual sites or as a stand-alone kiosk. Themes could be broad to include historical, natural, recreational, or specific attractions within a community. There were at least 100 panels in place around the lake currently. The panels would use a common font and logo, could have up to 300 words of text and several illustrations. Mr. Albrecht said that CCRPC planners have met with the Shelburne Town Manager and Town Planner for a preliminary discussion. A statement was required to authorize the formation of an ad hoc committee charged with identifying panel locations and content. There was a deadline. A few site suggestions are the Town Parade Green along Church Street, the old Pierson Building Green along Falls Road, and the Village Town Center complex. There was further discussion of the content of the Shelburne panels and potential sites, such as the corner of Route 7 and Bostwick Road at the edge of the Shelburne Museum, and advantages of the panels that could include educating town residents as well as tourists about their own place. Mr. Dates suggested adding panels to the proposed bike path when complete at a future time. Mr. Albrecht said the cost of manufacturing a panel is $800-$900. Four panels is a beginning point, but communities can develop more. Each panel has a 300-word limit. There is help with layout and wordsmithing, and a French translation on one of the panels could be considered as well. The timeline is as follows: January/February - make location decision, March - text finalization, summer - panel installation. Each community will form a Wayside Exhibit Committee to include public members and/or appointed town committee members. The main municipal cost involves installation of the panels. If the panels are located on town property, then the town will maintain them as well. The Selectboard suggested members from the Historic Preservation, Bike/Pedestrian, Natural Resources and Conservation, and Recreation committees as potential members for the Wayside Exhibit Committee to work with Mr. Albrecht and the Town Planner. Mr. Dudley offered a resolution in support of the endeavor and formation of the Wayside Exhibit Committee to interface with the Town Planner. David Webster, resident, asked if the project focus was on the lake or a broader area. Mr. Dates replied the panels would highlight the Town of Shelburne. Mr. Albrecht clarified that the lake anchored all the communities, but the stories were of the towns. There were no pre-scripted themes.

7. REQUESTS FOR APPROVAL OF SEWER ALLOCATION

a) Village Wine and Coffee, LLC (Kevin Clayton) Mr. Dates asked why more gallons were requested. Mr. Bohne explained that the location had an allocation for a prior business, but additional allocation was needed for the new business (due to an increase in the number of seats and domestic uses). Mr. Clayton provided the calculations and request. If less allocation is needed, then the Board can make an adjustment. MOTION by Mr. Dudley, seconded by Ms. Levine, to approve an additional 270 gpd sewer allocation from Plant #2 for Village Wine and Coffee, LLC located at 5288 Shelburne Road, and further, an Aid-In-Expansion Fee in the amount of $4,403.00 shall be paid prior to receiving a Certificate of Occupancy necessary to open for business. VOTE: unanimous (3-0); motion carried. b) Bullrock Housing Project Mr. Dates reported that the original request for a 12-unit housing project was changed to 14 living units. In order to appear before the Planning Commission, the applicant must have a wastewater application in hand. MOTION by Mr. Dudley, seconded by Ms. Levine, to grant an additional sewer allocation from Plant #2 in the amount of 420 gpd to Bullrock, Inc. for two additional housing units, and further, prior to receiving a building permit, an Aid-In-Expansion Fee must be paid to the Town in the amount required at that time. DISCUSSION: Mr. Dates explained that the Design Review Committee did not like the proposed “U” shaped development of 12 housing units and recommended a variety of unit sizes to avoid an “institutional” look. The original design was tight in arrangement. The new proposal will build over some “fingers” of wetlands. VOTE: unanimous (3-0); motion carried.

8. STATUS OF EXPENSES FOR REPLACEMENT OF THE SEWER LINE AS PART OF THE ROUTE 7 RECONSTRUCTION

Mr. Bohne gave a brief history of the Route 7 sewer line relocation project originally estimated to cost $350,000. The cost has escalated. Mr. Frankenburg provided a summary of the project and bond authorization votes that approved the following: • Treatment plant expansion of which to date $7.5 million has been spent of the $10.3 million, zero percent interest loan. The sludge handling system was funded through a State of Vermont grant. • Collection system improvements do not include the Route 7 sewer line relocation project. A $1.620 million loan was approved and $1.587 million has been spent. • The Shelburne Heights collection system improvement project used a State of Vermont revolving loan fund of $1.081 million and $1.030 million was spent for the complete project. A special assessment has been billed to Shelburne Heights residents to pay off the loan. Mr. Frankenburg noted that remaining bond capacity could be applied to the Route 7 project. Construction bids have been received for the $1.115 million cost with a contingency for a total of $1.170 million. State participation was expected at $260,000. Mr. Bohne said Route 7 crossings would qualify for state participation. Also, state engineers will be on-site, which will save money. There should be no major issues. Mr. Dates asked if the $10.3 million bond vote language included Route 7. Mr. Frankenburg could not recall specific language, but that the bond was for the plant expansion and collection system. There was a significant amount of money to spend on the sewer line relocation as part of the collection system under the bond authority. Ms. Levine asked why the interest rate changed from zero percent to two percent. Mr. Bohne explained the policy change for the revolving loan program. The zero percent interest rate was an incentive for towns to upgrade systems, and now that repayment money has come back into the system, there is a two percent rate. Mr. Dudley said he presumed the sewer line relocation would improve infiltration issues. Mr. Bohne replied the line would be a tight system at the end.

8.B. REAPPOINT FIRE WARDEN

MOTION by Mr. Dudley, seconded by Ms. Levine, to appoint Craig Wooster as the Fire Warden for the Town of Shelburne. VOTE: unanimous (3-0); motion carried. Mr. Bohne noted the term of the appointment is five years. The Board signed the appropriate document(s).

9. APPROVAL OF MINUTES

MOTION by Ms. Levine, seconded by Mr. Dudley, to approve the minutes of 08/10/04 as written. VOTE: unanimous (3-0); motion carried.

10. MANAGER’S REPORT

No report at this time.

11. MEMBER’S CONCERNS

Ms. Levine explained that the CCRPC representative position was too much to take on and asked the Board to consider appointing Jeff Nick (currently the CCRPC Alternate) or another individual as the Shelburne CCRPC representative. The CCRPC was working on the Regional Plan and Town Plan reviews. Mr. Dates requested Board members e-mail retreat topics. Mr. Dates reported that the Historic Preservation Committee approved the Sutton Farm designation. Also, a storm water seminar was scheduled for Friday, 09/10/04, 9:00 a.m. to 12:30 p.m. The Historic Preservation and Design Review Committee approved the recreation fields project. The project will go before the Planning Commission on 09/09/04. Mr. Dudley asked if the CCRPC Open Space Plan will link to Shelburne’s Open Space Plan. This should be a topic of discussion.

12. REGULAR MEETING ADJOURNEMNT and EXECUTIVE SESSION

MOTION by Mr. Dudley, seconded by Ms. Levine, to enter Executive Session for the purpose of discussing contract matters and VELCO, and invite the Town Manager to attend. VOTE: unanimous (3-0); motion carried. The regular meeting was adjourned and Executive Session convened at 8:30 p.m. MOTION by , seconded by , to adjourn Executive Session. VOTE: Executive Session was adjourned at p.m.
Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.
Accepted, Stephen B. Dates