Selectboard Meeting Minutes
SELECTBOARD MINUTES OF MEETING SEPTEMBER 14, 2004 MEMBERS PRESENT: Steve Dates, Chairperson; Jim Dudley, Lisa Levine, Chris Neme. ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Dean Pierce, Town Planner. OTHERS PRESENT: David Davis, Bill Hoadley, Linda Barker, Sue Davis (Shelburne News). EXECUTIVE SESSION The Selectboard entered Executive Session at 6:00 p.m. for the purpose of discussing contracts and personnel. The Town Manager was invited to attend. 1. CALL TO ORDER (regular session) Mr. Dates, Chairperson, called the meeting to order at 7:25 p.m. 2. APPROVAL OF AGENDA Additions: Item 3a, Announcements Item 8b, Request for action on Errors and Omissions Item 8c. Police Officers Group C Retirement Plan Action Item 3. CITIZEN PARTICIPATION 3a. ANNOUNCEMENTS Mr. Dates reported Barbara Francis resigned from the Selectboard for health reasons. The Selectboard accepted her resignation with regret and will miss Ms. Francis’ contributions. Mr. Dates reported the Planning Commission approved the Blodgett Recreation Fields project. 4. PRESENTATION OF THE REGIONAL PUBLIC TRANSPORTATION INITIATIVE Discussion and Comments David Davis, CCTA Board Chairperson, reviewed the Regional Transportation Initiative (RTA) and public hearings held in communities statewide. Feedback received highlighted public concerns that the outer areas were not excited about public transit or taxes on property or any other taxes. One RTA goal is to no longer rely on or reduce reliance on the property tax as the main revenue source. The proposed interim committee includes members from CCTA, MPO and other stakeholder groups. The proposed RTA does not have a legislator as a sponsor at this time. Mr. Davis stated CCTA and the non-profit GMTA continue to provide public transit service. New proposed routes funded with federal three-year grants include: Burlington to Middlebury (starting in October) and Burlington to St. Albans (in the spring). Box fares are a small share of funding. Mr. Dudley asked about the ridership on the Montpelier route (from Burlington to Montpelier or the reverse). Mr. Dudley replied the ridership is from Chittenden County to Montpelier. Rice High School students who live in Montpelier use the Montpelier to Burlington bus to attend school (the ridership numbers are not available). Currently, CCTA is providing the service in place of the RTA. One CCTA goal is to rely less on the property tax for funding service and increase the number of routes/bus connections. Public transit modes include SSTA and taxi service in addition to buses. CCTA is trying to fee increases to member town. The current funding formula is based on the number of route miles, but other alternatives are being explored. There was brief discussion of proposed RTA initiatives, the need for an interim board to study funding issues and JTOC money, and transportation planning related to roadways and economic development in towns. CCTA had a planning division. Mr. Neme expressed concern about transportation concept issues that include creation of another governance body lacking elected representatives, and the potential for duplication of efforts. Mr. Neme asked how Shelburne would be represented on the RTA board. Mr. Davis stated Shelburne would be represented through a CCTA representative who would have a seat on the new governance board. The CCTA representative, who may not be from Shelburne, would represent Shelburne’s interests. Any request for raising taxes must be brought before the voters. There is concern that if the board is too large, members might not attend meetings. It is an issue that needs to be resolved. A model on how to fund and operate an RTA must be developed, which then could be used statewide. 5. PROPOSAL TO ENGAGE A CONSULTANT TO HELP FINISH THE TOWN PLAN UPDATE Dean Pierce, Shelburne Town Planner, reviewed his memo, dated 09/10/04, regarding delays in the Town Plan update. Volume I is complete, but assistance is needed to complete Volume II. The Town Manager identified local funds which could be reprogrammed to pay for the services of a planning consultant. The Planning Office is waiting for a response from Michael Munson, planning consultant, on a scope of work, budget, and time line for update of Volume II. The Planning Commission will provide guidelines to the consultant. May or June is targeted for completion of policy language. There was brief discussion of funding issues (Mr. Bohne said a funding strategy includes applying for a planning grant in addition to local funding sources), the request for conceptual approval to hire a consultant, and potential for further funding requests being brought before the Selectboard. It was noted there are other candidates in addition to Mr. Munson. MOTION by Mr. Neme, seconded by Mr. Dudley, to support the Planning Commission recommendation to engage a planning consultant to assist in completion of the Town Plan update, and to authorize the filing of an FY05 Municipal Planning Grant Program application to assist with the consultant hiring process and/or for revision of supporting documentation/regulations to follow the revised Town Plan. VOTE: unanimous (4-0); motion carried. 6. DISCUSSION OF TOWN INVOLVEMENT WITH THE SBPA FOR HOLIDAY TREE LIGHTING Mr. Bohne reviewed the Shelburne Business and Professional Association (SBPA) Holiday Stroll event held on the first Friday (evening) in December. Anton Williams, President of the SPBA, forwarded concerns about volunteers and financial assistance. The Recreation Director is seeking volunteers, but is uncomfortable raising funds for another event since the Recreation Department already raises funds for summer concerts, baseball teams, and such. There was discussion of community events that support quality of life aspects in the village, helping with the organization of the holiday event, and the request for financial assistance to decorate the tree on the town green. Sue Davis commented it was important to have a professional decorate the tree. MOTION by Mr. Dudley, seconded by Mr. Neme, to approve $1,000 in support of the Shelburne Business and Professional Association Holiday Stroll decorating of the tree on the Green as presented. VOTE: unanimous (4-0); motion carried. Mr. Dates asked staff to add the amount as a budget line item. 7. REQUEST FOR RELIEF FROM PENALTY FOR LATE PAYMENT OF PROPERTY TAXES BRISTOW MOTION by Mr. Dudley, seconded by Mr. Neme, to approve relief from penalty for late payment of property taxes by Robert and Marcia Bristow in the amount of $702.68 as presented. DISCUSSION: Mr. Bohne reported that the property owner is now on the automatic payment plan. VOTE: 1 aye (Mr. Neme), 3 nays (Dudley, Levine, Dates); motion did not carry. Silveira Mr. Bohne reported that David and Joyce Silveira paid their taxes with a Visa check, but unbeknownst to them a fraud on the account was committed and Visa froze their account. Consequently, the check bounced. The person responsible for the fraud has been apprehended. MOTION by Mr. Dudley, seconded by Ms. Levine, to approve relief from penalty for late payment of property taxes by David and Joyce Silveira in the amount of $231.65 as presented. VOTE: unanimous (4-0); motion carried. Fitzgerald Mr. Bohne stated Richard Fitzgerald might have reported a change of address, but a system is not in place to verify address changes are entered in town records. The tax notice for 112 Maple Leaf Lane that was mailed was not forwarded to Mr. Fitzgerald and the taxes were not paid. Notice of tax payment due dates are always published in the local newspaper, and property owners should have a general awareness that property taxes must be paid, stated Mr. Bohne. It was noted Mr. Fitzgerald owns two properties, and the tax bill for 9 Railroad Lane was paid through an escrow company. The tax bill for 112 Maple Leaf Lane was not mailed to that address. The Board agreed that the change of address system must be tightened up. MOTION by Mr. Neme, seconded by Ms. Levine, to approve relief from penalty for late payment of property taxes by Richard Fitzgerald in the amount of $67.07 as presented. VOTE: unanimous (4-0); motion carried. Parmelee Mr. Bohne stated the property owner (Parmelee) was out of town due to a family health issue (Mr. Parmelee’s 85-year old mother had an accident), and the taxes were not paid on time. MOTION by Mr. Neme, seconded by Ms. Levine, to approve relief from penalty for late payment of property taxes by David T. Parmelee in the amount of $179.10 as presented. VOTE: unanimous (4-0); motion carried. McKinney Nappi Mr. Bohne reviewed that Marcia and J. McKinney Nappi purchased property after April 1. The Post Office forwarded the tax bill to the former property owner. The bill was passed to the new owner, but it was unclear of the date this occurred. MOTION by Mr. Neme, seconded by Mr. Dudley, to approve relief from penalty for late payment of property taxes by Marcia and J. McKinney Nappi in the amount of $89.15 as presented. DISCUSSION: Mr. Dates asked if the town’s system failed or the Post Office created the problem. Mr. Bohne explained that the Post Office can optically scan an address or the Post Master can forward the mail. The Town system in place is traditional. There may be a method to pull the transfer documents and red flag change of ownership. VOTE: unanimous (4-0); motion carried. 8a. REQUEST TO WAIVE PENALTY FOR FAILURE TO FILE A DECLARATION OF HOMESTEAD. Mr. Bohne reviewed that the state system for filing of a Declaration of Homestead automatically generates penalties. Staff recommends granting a waiver of total penalty at the end of December or on March 15th. If the Selectboard defers the waiver until March 15th, staff can total the penalty amount and issue one refund check. The Town is not liable to refund any money, stated Mr. Bohne. Ms. Levine said she would recuse herself from a vote on the issue because she is on the delinquency list. Mr. Frankenburg reported staff refunds fees and sends a corrected tax bill if penalties were charged on non-residential properties versus a homestead. 8b. REQUEST FOR ACTION ON ERRORS AND OMISSIONS Mr. Bohne reported that the Town Assessor forwarded a request for an Errors and Omissions correction. MOTION by Mr. Neme, seconded by Mr. Dudley, to adjust the property tax assessment from $950,000 to $935,000 for Shirley and Christopher Senesac, 889 Harbor Road, due to an error on acreage. VOTE: unanimous (4-0); motion carried. 8c. POLICE OFFICERS GROUP C RETIREMENT PLAN ACTION ITEM Mr. Bohne reviewed that the VMERS Group C Plan will be offered to Shelburne Police Department officers as an alternate retirement option. Contribution is 9% (versus 5%) for individuals and 6% for the Town. MOTION by Mr. Dudley, seconded by Mr. Neme, to offer the Vermont Municipal Employees Retirement System Group C Plan as an option for eligible employees who are police officers in the Shelburne Police Department starting July 1, 2005. VOTE: unanimous (4-0); motion carried. 9. APPROVAL OF MINUTES MOTION by Ms. Levine, seconded by Mr. Dudley, to approve the minutes of 08/24/04 with the following correction: Page 3, last sentence - change to read: “…new proposal will be built between some fingers of wetland.” VOTE: 3 ayes, 1 abstention (Mr. Neme); motion carried. 10. MANAGER’S REPORT Mr. Bohne noted that a written Manager’s Report was included in the Selectboard packet. Additional items include: • The Bay Road closure for work on a culvert box replacement and sewer line relocation portion of the Route 7 reconstruction project has been delayed. The culvert could be installed November 1 or next spring. • Progress on the Shelburne portion of the Route 7 project is on target. Traffic has been moved to the east side of Route 7 as two lanes on the west side are built. The “jug handle” will be done and paved before winter. The sewer and water line connection project is now complete up to Champlain Drive. In response to a Board question, Mr. Bohne said that the South Burlington portion is one year late and should be finished at the same time as Shelburne. 11. MEMBER CONCERNS Retreat topics include a presentation by Rick Peterson, Planning Commission, and a presentation by the Town Assessor on the annual reappraisal. -A Special Meeting with the Natural Resources and Conservation Committee included discussion of the draft Open Space Plan and policy issues/recommendations/concerns, and revision of the Executive Summary. Mr. Neme will e-mail comments to the Selectboard. 12. ADJOURNMENT MOTION by Mr. Neme, seconded by Ms. Levine, to adjourn the meeting. VOTE: unanimous (4-0); motion carried. The meeting was adjourned at 9:05 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Accepted, Stephen B. Dates
TOWN OF SHELBURNE SELECTBOARD MINUTES OF SPECIAL MEETING SEPTEMBER 21, 2004 Members Present: Steve Dates, Chairperson; Jim Dudley, Vice Chairperson; Lisa Levine; Chris Neme Staff Present: Paul Bohne, Town Manager; Dean Pierce, Town Planning Director Others Present: Members of Shelburne Natural Resources and Conservation Committee (SNRCC): Gail Albert, Andrea Van Hoven, Sean McFaden, Bill White, Becky Wang. Rick Peterson, Bev Jacobson, Jeff Jackson, G. Bower, Barbara Bower, David Ackerman, Bill Deming, Paul Rosenthal, Ellin Loudan, Bill Hoadley, Mark Hoskin, Norm Silcox, Dick Reid, Margie & Peter Stern, Stephen Taylor, Ted Scatchard, Stephen Selin, George & Linda Schiavone, Joyce Errecart, Sue Dixon, Dan Senecal-Albrecht 1. Call To Order Mr. Dates, Chair, called the meeting to order at 7:04 P.M. 2.Approval of Agenda Agenda Item 5. Appointment to Fill Unexpired Selectboard Term, was moved up to Item 4. and the Work Session was changed to Item 5. 3. Citizen Participation There was no discussion. 4. Appointment to Fill Unexpired Selectboard Term Mr. Dates announced that no Board member will be appointed to fill Barbara Francis’ term. 5. Work Session on Town of Shelburne Open Space Plan with Shelburne Natural Resources and Conservation Committee There was general discussion of the process. Nothing will go into effect until it becomes part of the Town Plan or the Zoning Bylaws. The group discussed review of policy recommendations. Mapping will need to be constantly updated, and a budget for this may be proposed for Fiscal Year 2006. It was agreed that consistent definitions are needed, and that there needs to be reworking of the process by which property will rise to the level of acquisition. Mr. Albrecht questioned Section 7.2.1 - purchasing properties for exchange as to0 “wide open.” He also asked whether SNRCC should be the sole source of recommendation for acquisition. Perhaps recommendations should also come from outside the Committee. Mr. Neme and Mr. Dates supported the concept of recommendations coming from the SNRCC. Ms. Van Hoven said that land exchange would only be part of a single transaction and would likely be simultaneous. The group moved on to review of Section 7.2.3. ● It was noted that the Selectboard will give reasons for denial, if possible. ● Move stewardship responsibility from Use of Funds to Operating Budget - up front endowment of oversight of conservation easements is likely part of deals with organizations such as the Vermont Land Trust. ● A definition of “development” is needed. ● “Obtaining interest but not limited to…..” ● “Financial interest” change to “appearance of conflict.” ● Land may have an interim management plan. A 3rd party will usually require this. ● Expand management plan for private parcels in a separate section, 7.3.2. Town to review easement language for parcels in which they are involved. Discussion moved to Section 7.5 - Regulatory Protections. ● Town Planner “presents”, not “shall be authorized.” ● Mr. Albrecht recommends the use of buffers (5.2) next to conserved areas. ● Mr. Peterson pointed out that this is not a regulation - instead should be recommended to the Planning Commission. ● Mr. Dates suggested a method should be created to include conserved land in a “special zone.” Mr. Albrecht suggested participating in the Regional Open Space Plan, to incorporate consideration of how Shelburne’s plan may affect neighboring towns and spaces. A checklist should be made of potential impacts on many issues (such as housing) for future conservation acquisitions. It was decided to hold another Work Session Meeting on Wednesday, October 13, 7:00 p.m. Motion by Mr. Dudley, seconded by Ms. Levine, to adjourn the meeting. The motion passed 4 in favor; 0 opposed. The meeting was adjourned at 9:30 p.m. Respectfully submitted, Paul W. Bohne III Town Manager Approved, Stephen Dates Selectboard Chair
TOWN OF SHELBURNE SELECTBOARD MINUTES OF MEETING SEPTEMBER 28, 2004 MEMBERS PRESENT: Steve Dates, Chairperson; Jim Dudley, Lisa Levine, Chris Neme. ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Town Planner, Dean Pierce. OTHERS PRESENT: Dana Farley, Barbara Owen, Dennis Bowen, Sherry Senior, Gillian Senior, Dan Bokan, Calista Hollyer, Lyn Stine, Sue Anne Campbell, Kevin Clayton, Michelle Zimmerman (Burlington Free Press), Sue Davis (Shelburne News). PUBLIC HEARING Zoning Bylaw Amendment to Create a New Village Core Overlay District Mr. Dates, Chairperson, opened the public hearing on a zoning bylaw amendment to create a new Village Core Overlay District, and noted that the Selectboard had reviewed the proposed zoning amendment one month ago. Dean Piece, Town Planner, gave a brief overview of proposed changes related to “allowed” uses within the core of the village that do not change the building structure, and zoning flexibility for parking requirements. PUBLIC COMMENTS Kevin Clayton, resident and Shelburne business owner, spoke in favor of the proposed zoning amendment and changes that address parking concerns and issues. The parking changes are needed for a vibrant business community. The parking changes also allow uses that were common in the past, such as a store on the first floor and living quarters on the second floor. Dana Farley, representing Lyn Stone/Jamie Two-Coates, stated the zoning changes are critical to maintain Shelburne’s downtown. Ms. Farley spoke in favor of smart urban and rural planning. Calista Hollyer, resident, stated that she was a frequent shopper at Jamie Two-Coates shop. The shop, which is not a “Kids Town” or mall store, is a specialty store that fits Shelburne. Lyn Stone, owner of Jamie Two-Coates specialty shop, thanked everyone for their support. Ms. Stone said she has asked for changes to the Town zoning, but paradoxically was not asking Shelburne to change. The Village should remain the same. Mr. Dates read a letter from Timothy Coate, Martindale Drive, in favor of the proposed zoning changes. There were no further comments. MOTION by Mr. Dudley, seconded by Mr. Neme, to close the public hearing on the zoning bylaw amendment to create a new Village Core Overlay District. DISCUSSION: Mr. Neme asked for clarification of the definition of a Bed & Breakfast. Mr. Pierce explained that the definition of Bed & Breakfast was pre-existing. When the Planning Commission looked at allowed uses, only accessory apartments were discussed. Mr. Dudley expressed concern that the Heart of the Village Inn has five bedrooms. VOTE: unanimous (4-0); motion carried. 1. CALL TO ORDER (regular meeting) Mr. Dates, Chairperson, called the meeting to order at 7:20 p.m. 2. APPROVAL OF AGENDA Add: Item 4b, Planning Grant Resolution 3. CITIZEN PARTICIPATION None. 4. CONSIDERATION TO APPROVE THE PROPOSED VILLAGE CORE OVERLAY DISTRICT MOTION by Mr. Dudley, seconded by Mr. Neme, to approve the proposed zoning bylaw amendment to create a new Village Core Overlay District, Section 970, as presented. VOTE: unanimous (4-0); motion carried. 4.b) PLANNING GRANT RESOLUTION Mr. Bohne reviewed the application for a municipal planning grant. The Town Planner will submit the grant. The Town was seeking a $2,000 match for a potential of $11,000 to fund planning initiatives and hiring consultants as necessary. MOTION by Mr. Neme, seconded by Mr. Dudley, to adopt the Municipal Planning Grant Resolution as presented. VOTE: unanimous (4-0); motion carried. The Board signed the resolution. 5. DISCUSSION OF AMENDMENTS TO THE PARKING ORDINANCE ON FALLS ROAD SOUTH FROM CHURCH STREET AND ON SCHOOL STREET Mr. Bohne reviewed parking issues, including vehicles parked on sidewalks, safety issues on Church Street, and state laws regarding illegal parking, which are not enforced at this time. A letter sent to VTrans regarding the potential lease of the Harbor Road rail commuter lot received a non-committal response. The lot was built with federal funds and it is unclear how the lot can be used. Staff will pursue further discussion with VTrans. Mr. Bohne outlined potential solutions that included “No Parking on Sidewalk” signage at Gillian’s Restaurant and the Shelburne Country Store. Ms. Levine suggested stones at the curb edges to deter parking. Mr. Dudley asked for clarification of delivery truck parking issues. Mr. Bohne explained that small delivery trucks pull off the road and park on the sidewalks. Galapos store on Falls Road has parking issues with trucks parking on/blocking the sidewalks. Staff will contact the business regarding the parking issues. Mr. Bohne showed proposed parking areas along Falls Road and Church Street. There is ample lighting in the Church Street area from the 150-watt mercury light in the church parking lot, the flood light on the front of the church, and a 100-watt mercury street light. There are sidewalks on Falls Road, but none on Church Street. There are no logical sites for a crosswalk in the church area because of the lack of sidewalks. Parking spaces would be displaced by a sidewalk. “No parking” from the Pierson building to Church Street was supported by the current parking ordinance. Staff suggests an ordinance to support a no parking zone from the Pierson building to the cemetery driveway on the north side of the street. A mailing could be sent to residents. Mr. Neme suggested researching parking and pedestrian movement in the area. There was discussion of pedestrian traffic patterns throughout the village. Mr. Bohne stated typically people walk on the south edge of the green in front of the parking spaces on Church Street. There are winter snow issues on Church Street. Installing a sidewalk along the parade green with a crosswalk on Church Street was suggested. Mr. Bohne estimated that a sidewalk on Church Street would cost $25,000. Kevin Clayton said he counted 40 unmarked parking slots from Church Street to the Country Store. Church Street is packed on Sundays. The Town should have a plan before removing parking spaces. Safety is paramount. There should be signage and a sidewalk on Church Street. There was further discussion of proposed sidewalks in terms of the Town Plan, Village core, a “walk-able community” initiative, and “Safe Routes to School” programs. Mr. Pierce noted that the MPO was exploring three “Safe Routes to School” sites. There was also discussion of parking issues at Davis Park and Shelburne Community School, and potential parking at the future Blodgett recreation fields. Mr. Dates said a downtown master sidewalk plan was needed before making wholesale changes. There is a need to know where any displaced cars (from Church Street) will park. Mr. Dudley expressed concern about parking at the funeral home. Mr. Bohne said minimal striping of parking spaces would organize the parking scheme. 6. MEMBERSHIP IN THE VERMONT COALITION OF MUNICIPALITIES Mr. Dates explained membership in the Vermont Coalition of Municipalities varied from year to year. Shelburne was a member in 2003 and has been asked to join again at a cost of $250 versus $1,300 in 2003. There was discussion of the number of member towns (unknown), membership activity prior to Act 68 which involved the methodology of assessing school taxes, and concern about how the VCM represents member towns during the legislative session. Ms. Levine asked about the position of the Shelburne Community School Board. Mr. Dates recalled the school board took a neutral position three years ago. Ms. Levine volunteered to contact VCM. 7. EXTENSION OF SEWER ALLOCATION FOR ABC/MRC (Boulder Hill) Mr. Bohne reviewed the request from Bart Frisbie, dated 9/24/04, for an extension of the sewer allocation granted to the Boulder Hill project. MOTION by Mr. Neme, seconded by Ms. Levine, to grant a three-year extension of the sewer allocation for the Boulder Hill project as presented. VOTE: unanimous (4-0); motion carried. 8. APPROVAL OF 9/14/04 MINUTES & 9/21/04 SPECIAL MEETING Minutes of September 14, 2004 – Regular Meeting MOTION by Mr. Dudley, seconded by Mr. Neme, to approve the minutes of 09/14/04 as written. VOTE: unanimous (4-0); motion carried. Minutes of September 21, 2004 – Special Meeting Tabled. Ms. Levine noted that additional points to the discussion on the Open Space Plan, Section 7.2.3, were needed. Ms. Levine will draft an addendum to 9/21/04 minutes. The name in the last bulleted item on Page 2 (should read “Mr. Albrecht” rather than “Mr. Dates”). The spelling of “London” was corrected. Ms. Levine suggested that minutes should have more detail or a recording secretary should attend the meeting to record the minutes. 9. MANAGER’S REPORT Mr. Bohne reported on the following items: • Shelburne Police Office, Rob Barrows, will represent Vermont at the February Special Olympics in Japan. • A Bay Road box culvert is on hold until spring. • League of Cities and Town mailing has been received. • VTrans - Rail Division has declined support of a Bike/Pedestrian Enhancement Grant application. The path was proposed to be within 15’ of the tracks. There are legitimate safety concerns. Staff will explore options at the next Paths Committee meeting on 10/18/04. • The Bike/Pedestrian Path grant issue will appear on the Selectboard agenda after 10/18/04. 10. MEMBER CONCERNS None. 11. EXECUTIVE SESSION MOTION by Mr. Neme, seconded by Mr. Dudley, to go into Executive Session for the purpose of discussing litigation where premature knowledge will place the Town in a disadvantage, and to invite the Town Manager to attend. VOTE: unanimous (4-0); motion carried. The regular meeting was adjourned and Executive Session convened at 8:35 p.m. MOTION by , seconded by , to adjourn Executive Session and reconvene the regular meeting. VOTE: 12. ADJOURNMENT MOTION by , seconded by , to adjourn the meeting. VOTE: unanimous; motion carried. The meeting adjourned at p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Accepted, Stephen B. Dates Chairman
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