Selectboard Meeting Minutes

TOWN OF SHELBURNE
SELECTBOARD MEETING MINUTES
NOVEMBER 9, 2004

MEMBERS PRESENT: Steve Dates, Chairperson; Lisa Levine, Chris Neme. (Jim Dudley was absent.)
ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer.
OTHERS PRESENT: Stephen Selin, Dick Reid, Judith Selin, Steve Gregory, Wayne King, Julian Goodrich, Nancy Holden-Goodrich, Michelle Jabbora, Joseph Peila, Jeff Chalbech, Larry Godard, Frank Thornton, Gail Dates, Marilene Luxton-Jones, David Webster, Sue Davis (Shelburne News), Michelle Zimmerman (Burlington Free Press), and others.

1. CALL TO ORDER

Mr. Dates, Chairperson, called the meeting to order at 7:08 p.m.

PUBLIC HEARING

Parking Ordinance Amendment, affecting School Street. Mr. Bohne briefly reviewed the proposed parking ordinance amendment regarding School Street. The Town will post “No Parking” signs within 15’ of intersection corners. There were no comments from the public or the Board. MOTION by Mr. Neme, seconded by Ms. Levine, to close the public hearing on the Second Reading of the proposed parking ordinance amendment affecting School Street. VOTE: unanimous; motion carried.

2. APPROVAL OF AGENDA

Mr. Dates asked that the speed limit discussion (agenda item #5) include Bishop Road.

3. CITIZEN PARTICIPATION

Frank Thornton, Irish Hill Road resident, requested the speed limit discussion also include Irish Hill Road since motorists are driving 45-50 mph down the hill toward the LaPlatte River Bridge. Judith Selin, resident, said that churchgoers were being ticketed on Sunday and asked if the Town had written citations for parking in the area. Mr. Bohne explained that the Town did not post signs until 11/09/04 and would not have issued parking violations on Sunday. Letters were written to the church clergy. It was not known if the clergy had announced the parking changes. Wayne King said that the “tickets” were political flyers.

4. CONSIDERATION TO APPROVE AMENDMENTS TO THE TOWN PARKING ORDINANCE – SCHOOL STREET

MOTION by Mr. Neme, seconded by Ms. Levine, to adopt the proposed parking ordinance amendments affecting School Street as presented. VOTE: unanimous (3-0); motion carried. The Selectboard signed the parking ordinance amendment for Falls Road and School Street.

5. REDUCING THE SPEED LIMIT TO 25 MPH WITHIN THE “VILLAGE”

Mr. Dates reviewed the request by an individual to reduce the speed limit within the village core (including Route 7) from 35 mph to 25 mph. There is question as to whether the Town should authorize a traffic study and petition the State of Vermont to explore reducing the speed limit on Route 7. Mr. Dates suggested contracting a traffic study to examine speed limits on a street-by-street basis. Mr. Bohne pointed out that the Town petitioned the state for a Route 7 traffic study to consider reducing the speed limit from the Teddy Bear Factory to the Cynosure Drive area last year, and the request was denied. Ms. Levine noted without local ordinances, fines from citations issued by the local police are sent to the state, but if the town adopts the same speed limits posted by the state, then fines go to the town. There was discussion of the 1999 state statute changes. Mr. Bohne pointed out that Section 1007 has remained the same since 1999. Section 1003, paragraph “f” outlines the process the state uses to determine road speeds. Towns must duplicate those limits. Since the state has already done a study, the Town does not have to do another study. There was also discussion of the state petition process and the parameters to be considered. Mr. Bohne said that pedestrian safety issues related to crossing a road with a posted speed limit of 35 mph should be explored. Ms. Levine suggested contacting Stowe to ask about the factors that allowed a change to 25 mph in the Stowe village center. Mr. Dates asked if there was any new/additional information on the Village Center-Falls Road-Marsett Road area. Steve Selin reported the Shelburne Police Chief conducted a traffic study that showed motorists traveled an average of 54 mph in a 35 mph zone. Issues to consider include ‘density’ of pedestrian traffic, housing, driveways, and sidewalk proximity to roadways. VTrans standards call for sidewalks four feet away from the travel way with a grass strip or a five-foot buffer between the sidewalk and roadway. Falls Road has no space between the sidewalk and road, and this should be taken into consideration. Mr. Selin spoke in support of having someone familiar with the town characteristics, sidewalks, and roadways conduct a study to determine the appropriate speed limit. Mr. Bohne explained that a traffic study justifies the need for any change to the speed limit and is the basis for setting speed limits. Audience members expressed concern that the study would show a snapshot of “how things are today”, but would not take into consideration the town’s vision of a pedestrian-friendly village center. There is also question as to what type of data would be included in the traffic study. Ms. Levine asked if the number of pets killed on the road could be added to the study data. Mr. Bohne stated a second study can be conducted if the results of the first study are not acceptable. Data considered include traffic ‘generators’, such as Jacardo’s Market, the post office (vehicle and pedestrian), and such. Mr. Dates asked about enforcing a posted speed limit (i.e. 25 mph) which is lower than the recommended speed limit per the study (i.e. 35 mph). Mr. Bohne stated a speed limit posted without having a traffic study to support the posted limit would not be enforceable for five years. Mr. Bohne reviewed the speed study conducted at LaPlatte Circle and Bacon Drive by the Shelburne Police Department. Steve Selin said he notified the police of a counter tube malfunction and asked that the study to be re-run. Mr. Bohne pointed out three days worth of accurate data was collected prior to the malfunction. There was further discussion of the issue of enforcement and the threshold over the posted limit which triggers enforcement. It was noted police officers use their judgment to determine whether or not to issue a ticket. Some towns have zero tolerance (Danby, Mendon, Wallingford), but Shelburne tries to strike a balance. There were 30% more citations issued in 2002 than in 2001, and an equal number of warnings as tickets were issued. In 2003, there were 1,400 warnings and tickets issued. The police must also deal with other problems in town, such as burglaries, bad checks, disturbances, stated Mr. Bohne. Mr. Dates observed there appear to be two issues to consider: authorizing a traffic study on town roads and petitioning the state regarding Route 7. Mr. Selin asked if in conjunction with the traffic study whether the town could address implementing traffic calming measures, such as crosswalks, raised red brick paths as a speed bump, or narrowing roads to slow traffic in the village area. Mr. Dates commented that painting stripes along the roadsides is an inexpensive solution, and it is possible to include traffic calming methods in the study contract. Mr. Bohne pointed out that a traffic study is expensive and time consuming. A study conducted in the spring time would provide the needed time for planning and budgeting by the town. A Falls Road resident spoke of the dangerous situation on Falls Road with school children riding their bikes to school. Marilene Luxton-Jones, Route 7/Shelburne Road resident, spoke in favor of reducing the speed limit coming into the village from the south, noting the intolerable noise from truck brakes. Reducing speeds might mitigate some of the brake use. Ms. Luxton-Jones asked if signs telling truckers not to use the “jake brake” could be posted as is done in Burlington and Vergennes. Mr. Bohne explained state specifications disallow signs or ordinances in towns prohibiting the use of air brakes (“Jake brake” is erroneously used to mean air brakes). The signs in Burlington and Vergennes are likely a courtesy since the state owns the Route 7 right-of-way and would not allow signs within the right-of-way. A sign can be posted on private property. Shelburne police offices do stop trucks if it appears there might be a problem, and then an inspection is conducted. Joseph Peila, Marsett Road resident, said he posts signs on his property, and he has seen “Thanks for Slowing Down” signs in South Burlington. Mr. Peila asked if the town would provide funding for printing and posting signs. Mr. Neme asked if the community could wait three weeks for a traffic study to be done. There was discussion of traffic light synchronization at Harbor Road/Marsett Road/Route 7, and installing “smart” traffic signals to trigger green lights on Marsett Road. Mr. Bohne explained the added costs associated with upgrading the equipment on existing signals. Mr. Dates suggested inviting VTrans representatives to a future Selectboard meeting for a dialog. A resident pointed out that Shelburne has expensive real estate getting cut up by roads and streets. Tangible traffic calming methods included striping, bike lanes, landscaping. At some point a discussion is needed on a bike route from Burlington to Ferrisburg. Mr. Dates assured these issues will be addressed. Other items that were mentioned included the following: • The Shelburne Shopping Plaza entrance is a dangerous area. • The scope of work for the traffic study (i.e. what the consultant will analyze and if public comment/input will be part of the process). • Issues include the traffic study at a cost of $400-$500, and traffic calming solutions in the village core (budgeted capital project). • Concern that personal bias (of the consultant) might skew the results of the traffic study. Mr. Neme suggested using a 1988 study as a basis, and asked if safety and aesthetics should be included in the scope of a study. Mr. Selin asked to be notified when the traffic study will begin. Mr. Peila suggested posting roads at 25 mph as an immediate message. Enforcement could come later. Mr. Thornton felt an elaborate traffic study is not necessary since it is evident there are issues in certain areas in town. The police have data collection equipment and the Selectboard can move quickly on traffic speed changes. Several audience members spoke in favor of posting 25 mph now and conducting a traffic study. Mr. Neme spoke in support of a 25 mph speed limit and conducting a study with the village as a cultural hub, but was wary of posting such a limit when it can not be legally enforced (the town can enforce 35 mph). Mr. Neme suggested doing the traffic study and then weighing the options. Mr. Thornton mentioned Vergennes reduced the speed limit on Route 22a into the city with rigorous police enforcement. Traffic has slowed considerably. In Shelburne, traffic from Irish Hill/Cedar Ridge heading toward the LaPlatte Bridge exceeds the speed limit and needs enforcement, stressed Mr. Thornton. MOTION by Mr. Neme, seconded by Ms. Levine, to authorize a traffic study to investigate speed limits on Mt. Philo Road, Marsett Road, Falls Road to the Village Center, and Spear Street,; and to take into consideration the Town Plan vision of the village center as a “walkable” hub. VOTE: unanimous (3-0); motion carried. MOTION by Mr. Neme, seconded by Ms. Levine, to petition the State of Vermont to investigate a 25 mph speed limit on Route 7 south from the Teddy Bear Factory to the LaPlatte Bridge. VOTE: unanimous (3-0); motion carried. Mr. Dates noted a resident requested the Bishop Road speed limit be reviewed as well (currently posted at 35 mph). Mr. Bohne mentioned the traffic counting equipment can not be used in winter snow conditions. A resident said that Webster Road has three blind spots, and many children ride their bikes on the road. There are new neighborhoods along the road which has increased traffic. Traffic on the road exceeds the posted speed limit. Mr. Bohne noted police set up surveillance in every area of town and run radar. Staff will research the Webster Road traffic data. Ms. Luxton-Jones asked if residents can approach property owners along Route 7 regarding posting courtesy signs about use of air brakes. Mr. Dates suggested residents wait until after the traffic study is done.

6. APPROVAL OF DRAFT CHARTERS FOR DISTRIBUTION TO TOWN COMMITTEES

Mr. Dates stated draft charters will be sent to committees for comment/input before adoption. Mr. Neme reviewed proposed wording changes to the proposed Natural Resources charter. Draft charters will be sent to the following committees: Recreation, Natural Resources and Neighborhood Paths.

7. REVIEW OF THE SEWER CAPACITY ALLOCATION ORDINANCE

Mr. Dates reviewed sewer capacity allocation (Attachment C), noting the 10% set-aside is being reduced in each cycle. Mr. Dates explained the method to reserve 7,000 gallons as a 10% set-side, and proposed changes to the Sewer Capacity Allocation Ordinance. A running history of each plant is planned as well. Upon review of capacity, there are no major changes recommended regarding potential to expand the current sewer service area. A summary sheet will be created for future discussion. There will be some changes proposed to Article 1. Articles 2 and 3 will require major rewrites to clarify the process, but there are no policy changes. Article 4 definitions will be examined for clarity. Article 5 has administration problems. Mr. Bohne said that currently there is a question of when to grant allocation. Major policy issues will be flagged for review. Staff will e-mail proposed changes to the ordinance to the Board for comment. The 10% set-aside needs further discussion.

8. APPROVAL OF MINUTES OCTOBER 25, 2004 – SPECIAL MEETING

MOTION by Mr. Neme, seconded by Ms. Levine, to approve the minutes of the special Selectboard meeting on 10/25/04 as written. VOTE: unanimous (3-0); motion carried. OCTOBER 26, 2004 – REGULAR MEETING MOTION by Mr. Neme, seconded by Ms. Levine, to approve the minutes of 10/26/04 with the following corrections/additions: Page 3, agenda item #3, 4th line from the bottom - change to read: “…there has been a request for VELCO to move the transmission lines.”; Page 4, agenda item #6, last paragraph - change to read: “Mr. Dates reviewed budget targets…”; Page 5, agenda item #7, 1st paragraph, 6th sentence - change to read: “Mr. Dates commented that extending the life of the treatment plants will change the rate the town will collect.”; Page 5, agenda item #7, 3rd paragraph – change to read: “The 3-year allocation schedule and 10% set-aside were reviewed. Mr. Neme expressed three concerns about the 10% set-aside. First, the current 10% set-aside language does not actually reserve capacity, but “folds back” the unused 10% set-aside amount into the total for future allocations for all uses. As a result, set-aside allocations can become smaller and smaller with each three year cycle. The same is true for commercial/industrial allocations. Second, the criteria for granting capacity from the 10% set-aside should be revisited. Third, the amount available for the set-aside would be clearer if it were expressed in the ordinance as gallons rather than a percent. Mr. Dates also noted there should be a history of what was approved in the past. Mr. Neme summarized that policy updates, language clarification, and a review of the process are needed.” VOTE: unanimous (3-0); motion carried.

9. MANAGER’S REPORT

Mr. Bohne reminded the Board that the 11/23/04 meeting will begin at 6:30 p.m. at the Fire Station to view the new fire truck.

10. MEMBER CONCERNS

Mr. Neme announced the Planning Commission meeting on Thursday, 11/11/04, will begin at 5:00 p.m. to discuss wind turbines and to review the town’s vision statement to be included in the Town Plan. There is a site walk on the Fishman property scheduled on 11/18/04 at 4:00 p.m. with a pre-hearing conference at 5:00 p.m. Mr. Dates noted concern related to the proposed Clark property acquisition, easement, and management plan, dated 11/04/04, page 2, regarding restricted uses of the property. Mr. Dates asked if the management plan prohibited the Town from future use of the property. Mr. Bohne explained there were opportunities to change the management plan. Mr. Dates suggested adding parking issues as an agenda item. An inventory of parking spaces is needed. Mr. Neme added the information/data would be helpful to the committees working on the village center section of the Town Plan update. Mr. Bohne mentioned applicants sometimes use town/public parking spaces in order to meet planning and zoning requirements. An impact fee for use of public parking could be charged. Ms. Levine asked for an update on the commuter rail parking lot. Mr. Bohne said the state was actively discussing issues with the Federal Transportation Agency (FTA) since federal funding was used to construct the project. Mr. Neme suggested soliciting assistance from Senator Jeffords and Senator Leahy.

11. ADJOURNMENT

MOTION by Mr. Neme, seconded by Ms. Levine, to adjourn the meeting. VOTE: unanimous (3-0); motion carried.

The meeting adjourned at 9:55 p.m.
Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.
Accepted, Stephen B. Dates