Selectboard Meeting Minutes

TOWN OF SHELBURNE
SELECTBOARD MEETING MINUTES
DECEMBER 6, 2004

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

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

OTHERS PRESENT: Dorothea Penar, George Schiavone, Linda Schiavone, Bill Rockford, Dick Reid, Peter Keating, Marti Fiske, 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 Addition to the agenda: Item 7.b. Road Names

3. CITIZEN PARTICIPATION None.

4. UPDATE ON LIBRARY ACTIVITIES – Marti Fiske Marti Fiske, Pierson Librarian, gave an update on library activities including a proposed five-year plan. Ms. Fiske articulated statistical year-to-year trends from 1999 to 2004 covering changes in circulation, library collections, library space, automation, and programs. An advertising awareness item will be added to the budget.

5. PRESENTATION & DISCUSSION OF THE DRAFT 2025 CHITTENDEN COUNTY METROPOLITAN TRANSPORTATION PLAN – Peter Keating Peter Keating, CCMPO, gave a brief history of transportation improvement projects in Chittenden County. The Long Range Plan is reviewed every five years, and includes goals and projections for the next 25 years. The MPO did a population survey and current transportation infrastructure inventory. There was discussion of the Route 7 reconstruction project relative to future traffic concerns in the Shelburne village area (the four-lane highway narrows to a two-lane highway at the LaPlatte River Bridge north of Shelburne village), potential solutions for future traffic through the village (Shelburne should plan where a possible Shelburne bypass could be routed), job growth and population related to land use planning and policy. Mr. Keating stated the MPO does not see significant congestion in Shelburne even with growth. The MPO utilizes sophisticated land use modeling for transportation analysis and development pattern trends which support concentrated growth centers for potential economic savings. Mr. Keating reviewed spending money on transportation modes, preferred alternatives (bike /pedestrian) paths), transportation corridor investments, and multi-modal planning. Issues to be addressed include Act 250 implications, regional planning commission collaboration, and congestion issues involving parallel routes in the following towns: South Burlington, Burlington, Winooski, and Colchester. Mr. Keating will forward a copy of the presentation text and maps to the Selectboard.

6. UPDATE FROM AD HOC VELCO COMMITTEE Mr. Rockford, VELCO Committee Chairperson, reviewed the hearing timeline as follows: August/September presented rebuttal testimony, October heard design details from VELCO, November delivered petitions to the State government in Montpelier. There has been no change in positions, but there was good exchange of information and dialog. The committee used the proposed VELCO design and marked the proposed right-of-way as it approached residential properties in order to highlight the 100’ right-of-way and the proposed pole locations. Photographs were taken to illustrate impacts. The proposed right-of-way easements will go closer to the railroad as it approaches Fletcher Lane and follow property lines so VELCO will not have to acquire properties, explained Mr. Rockwood. Mr. Dates asked if VELCO has started discussions with the railroad. Mr. Rockford reported that VELCO has met with Vermont Railway twice. Ms. Penar said Tom Dunn indicated a meeting was held and a proposal submitted for the use of divot arms along the railroad so that all three conductors will be on one side. Metal poles will be used along the rail line versus wood poles. EMF waves are higher with an in-line configuration versus an irregular configuration. Mr. Rockwood said that in its brief, the committee will defer to Meach Cove, but there is concern about their position. Residents of Davis Park might be impacted. The implication is if Meach Cove and VELCO can not come to agreement, the power line will route through Fletcher Lane. Mr. Bohne pointed out that once VELCO is granted a Certificate of Public Good, they can start the condemnation process and move forward. Mr. Rockwood will organize a discussion with Meach Cove and invite Meach Cove to a Selectboard meeting. Mr. Rockwood reviewed expenses for expert testimony to date ($4,300 with $5,500 in outstanding pledges). Another bill is expected shortly. Mr. Rockwood reported the last technical hearing before the PSB is 12/6/04. There may be additional hearings. In the broader financial analysis, there may be a trade off between right-of-way and easement acquisition expenses versus undergrounding. Tourism and Vermont as a whole (as in the top 11 destinations in the world per National Geographic Travel Magazine) will be tied in. This includes the beauty of Shelburne Bay, Shelburne Museum, Shelburne Farms. There is a broader financial impact not discussed. Easements to be secured by VELCO are estimated to cost $500,000 based on the Northeast Kingdom project factored by four. To underground the line will cost up to nine times as much. The route cost will be extrapolated and assumptions made. Mr. Pierce pointed out that giving people a picture of overhead impacts versus undergrounding the line brings up questions that need answers. The PSB is not asking these questions and VELCO is coming up with blanket phrases. According to the experts, only 20’ is needed for construction of undergrounding versus a 100’ right-of-way. Acquisitions will result in zero cost because buried lines will be in the right-of-way. Acquisitions should go against the cost of construction. Ms. Levine asked if bringing in the Connecticut project information would be helpful. Mr. Rockwood said putting the lines underground in Connecticut was cheaper than paying for overhead and the cost of easements. Mr. Rockwood noted southwest Connecticut has a special status and will get a return on the investment. Undergrounding is seen as “gold plating”. The issue is being presenting as a savings for undergrounding. VELCO needs to discuss this matter. Next steps include: • December 14 reply briefs due from the Town. • Mid-January target the PSB decision if a certificate is granted. If VELCO acquires right-of-way easements, then VELCO wants language attached to the deeds. The language need to be public. VELCO could get easements in perpetuity for $1. Mr. Rockwood said other towns attended the December 5th town event. At the Democratic caucus, the committee asked the Legislature to draft a letter to the PSB to hold VELCO accountable. A copy will be forwarded to the Selectboard. Mr. Reid read a written statement regarding the Plan B endorsement by the Selectboard, noting Plan B does not mention Meach Cove Trust. Mr. Dates pointed out that Meach Cove is a separate entity. There was discussion of the Meach Cove negotiations with VELCO relative to the potential re-route of the southern (Shelburne) portion, issues of re-routing improvements that create a different set of problems with wetlands, and the Selectboard position to support Plan B. Mr. Dates pointed out if VELCO had earnestly worked with the Town, there could have been some modified form of Plan B. Ellie Byers, Harbor Road Crossing, spoke in support of Mr. Reid’s comments. Ms. Byers expressed disappointment that the November Town Brief referenced the Meach Cove re-route and did not support Plan B equivocally, opining this puts the neighborhoods at risk and in a vulnerable position. Ms. Levine explained the brief was required to address the latest proposed VELCO route. The Selectboard said Plan B was the better route. Mr. Bohne stated the Board has consistently been in support of Plan B, however, if the PSB does not approve Plan B, then the Board must make sure the re-route is the best for Shelburne.


7. APPROVAL OF REPAIR AND UPGRADING OF THE HAZELETT MOORING SYSTEM Mr. Bohne explained the problems and concerns with the current mooring system. The estimated $10,000 cost has escalated to $20,000. New issues have been discovered. Staff recommends replacement of the system. Dan Couture, Shelburne Harbor Master, explained the mooring system and issues. Mr. Couture demonstrated changes to the moorings using actual components from the current and proposed improved system. Shackles cost $64 each. Hazelett will manufacture 65 custom shackles. The new buoys are free in exchange for the old six foot buoys, excepting the three deep-water moorings. Mr. Neme asked if the system would be guaranteed to last longer than 10 years. Mr. Bohne replied the system is in development. There was discussion of Shelburne’s mooring fee of $500 of which $65 is for the maintenance fund, potential (liability) risks to the Town and/or users if the entire system is not replaced versus replacement over a two year period, and the $31,000 the Town receives in mooring fees. Mr. Bohne said the Town will use the fees and Bay Park money to cover costs without going into a deficit. Hazelett is willing to finance the costs over two or three years if necessary. It was noted the mooring fees cover the cost of the Harbor Master. The Bay Park fund is separate from the mooring fees. Mr. Bohne mentioned the Selectboard could authorize a sinking fund which presently does not exist. Mr. Bohne reviewed the mooring fee survey. Fees increased by $50 last year ($450 to $500) which is competitive even without all the services. A $20 increase per year is modest, said Mr. Bohne, suggesting the Selectboard review the fee annually. There is a waiting list every year for moorings. Mr. Coutour provided a copy of the 2004 client list for Board review. MOTION by Mr. Neme, seconded by Mr. Dudley, to approve the expenditure of $20,398 for upgrade of the Shelburne Bay mooring system and $3,600 in labor as presented. VOTE: unanimous (4-0); motion carried. MOTION by Mr. Neme, seconded by Mr. Dudley, to approve the proposed increase in mooring fees to $520 for FY 2005. VOTE: unanimous (4-0); motion carried.

7.b) ROAD NAMES Mr. Bohne reviewed the request to rename Blodgett Road to Athletic Drive and the circular drive to the housing project as Harrington Circle, which has historical significance. Emergency services have reviewed the road names. MOTION by Ms. Levine, seconded by Mr. Neme, to approve the renaming of Blodgett Road to Athletic Drive as presented. VOTE: unanimous (4-0); motion carried. MOTION by Mr. Neme, seconded by Mr. Dudley, to approve the naming of the circular drive of the 14-unit housing project as Harrington Circle as presented. VOTE: unanimous (4-0); motion carried.

8. REQUEST FOR RELIEF FROM PENALTY FOR LATE PAYMENT OF PROPERTY TAXES Mr. Bohne reviewed late payment of property tax interest is assessed at 1.5% per month. The fee can be charged for one day or 30 days overdue. Notices and bills are sent out the first of the month. MOTION by Mr. Dudley, seconded by Ms. Levine, to waive $226.13 in penalties for late payment of property taxes for Natalie Harden, 575 Mt. Philo Road, Shelburne. DISCUSSION: Mr. Frankenburg said payment was received 11/16/04 in the morning. Mr. Bohne said there is a way to apply a sliding scale for the penalty. Mr. Dates reviewed that the 8% penalty rate was in the Town Charter. To change the way late charges are assessed would require a charter change. Mr. Neme mentioned the town being able to reverse changes in certain circumstances, much like is done by credit card companies. Mr. Dates stated that people who wait until the last day to pay their taxes are taking a chance. Mr. Dudley expressed concern about potential abuse if the town begins making exceptions (forgiving a day or two late payment). Ms. Levine suggested testing to see if taxpayers would abuse the privilege, noting the hardship for some to cover late payments. Ms. Levine pointed out the taxpayer under discussion has a good payment history. Mr. Dudley noted property owners have the option to sign up for an automatic withdrawal/payment. Mr. Bohne read the section of the town charter regarding the 8% late payment penalty. After seven days overdue, the Selectboard can not waive the penalty. Mr. Frankenburg said the Town is consistent with other towns regarding the penalty fee assessed. There was further discussion of late fees and payments. The majority of taxpayers pay on time, but the amount of overdue amount to the town each year is approximately $87,000. There are more delinquent tax bills in the first cycle than in the subsequent cycles. It was noted that the number of people asking from relief (one or two) is not high relative to the number of people making late payments (up to 75, and does not justify changing the rule. Mr. Dudley suggested that even with the seven days grace period, the Town might be able to do a sliding scale. Mr. Dates suggested having legal counsel draft some language on the matter. Mr. Bohne advised the proposed change should have a finite focus. CALL THE QUESTION by Mr. Dates. Discussion ceased. VOTE: 2 ayes, 2 nays (Mr. Dates, Mr. Dudley); motion did not carry.

9. REQUEST FOR SEWER ALLOCATION – Roger Bourgea and Matt Noonan Mr. Bohne explained the request for a sewer allocation for a subdivision on Lowell Road (next to Canoe Imports). The applicant is re-subdividing a lot, adding a house, removing a mobile home and adding a third lot. The allocation goes to Plant 1. Mr. Dates asked if the failed system request came out of the three-year allocation. Mr. Bohne said the gallonage fell into the non-connected category. Mr. Dudley asked if the two plants were ever connected or could be connected to shift loads from one plant to another. Mr. Bohne explained that staff was looking at the gross picture. The pump station for Longmeadow is being eliminated and the flow will go to the Fox Run forced main to Webster Road. A valve connection could be installed to shift the load from one plant to the other. Mr. Bohne will change the Noonan request from three-year to unconnected allocation. MOTION by Mr. Neme, seconded by Mr. Dudley, to grant sewer allocation to the Roger Bourgea subdivision, Bourdea Lane, for 210 gpd, and to Matt Noonan, 5897 Spear Street, 210 gpd, for a failed system as presented. VOTE: unanimous (4-0); motion carried.

10. APPROVAL OF MINUTES MOTION by Mr. Neme, seconded by Ms. Levine, to approve the minutes of 11/09/04 with the following corrections: Page 2, Item #5, 8th line - change “Ms. Levine” with “Mr. Bohne”; Page 2, 4th line from bottom - add: “…unreported incidents, close calls, and killed pets.”; Page 3, 4th paragraph, 3rd sentence - change “jake brake” to read “Jacobson’s brakes”; Page 4, 3rd paragraph, 8th sentence – following the word “enforced” change to read: “for five years without starting a traffic study first.”; Page 4, first motion - replace “Spear Street” with “Irish Hill segment”. VOTE: 3 ayes, 1 abstention (Mr. Dudley); motion carried.

11. MANAGER’S REPORT Mr. Bohne reported on the following: • The Highway Department and Financial Officer were successful in applying for a FEMA grant in the amount of $19,274. • The Town Manager will attend an Economic Development Study sponsored by the GBIC 12/07/04 and will report to the Selectboard. • No Selectboard member has been appointed to the Northwest Vermont Project for a RPC Route 7/Route 116 corridor study. Meetings to start in January. • The Selectboard will review sewer system projects and other projects at the 12/14/04 meeting. Decisions are needed.

12. MEMBER CONCERNS Ms. Levine asked for an update on an uninhabitable trailer. Mr. Bohne reported that the owner agreed not to inhabit the trailer, which is now used for storage. The owner has relocated. Ms. Levine asked for an update on the traffic study. Mr. Bohne explained data was collected on Falls Road at two sites (Post Office and near Bacon Road). This will also occur on Church Street to Shopping Center. Ms Levine expressed concern about the sidewalk along Falls Road near the travel lane. Mr. Dates said striping would be most effective. Mr. Bohne said Marsett Road will not be surveyed. Data has been collected, but if the traffic engineer wants more, then he will collect more. It is anticipated a traffic engineer will be hired within the next two weeks. Ms. Levine asked if a “Dangerous Intersection Sign” or Stop Sign could be posted at the dip in the road on Webster Road to alert motorists to the intersection. A sign might slow traffic on Webster Road. Mr. Bohne said staff does not recommend installing a Stop Sign to control speed. Staff will recommend a Stop Sign at Bishop Road southbound for a three-way stop. Ms. Levine commented that additional police surveillance on Irish Hill Road and Webster Road is a good idea. Mr. Dudley commented the Shelburne Fire Department is outstanding. The Town is fortunate to have those volunteers. Mr. Neme suggested compiling a master vendor list to assist in reviewing warrants, consolidating purchases, cutting down on staff overtime, and allowing for trending costs on a monthly basis. Mr. Dates said that the best that can be done is spot checks. Staff oversees two checks in the process. The Selectboard approves total expenditures versus individual line items. Mr. Dates suggested a year-end report. Mr. Frankenburg will provide this. Mr. Neme mentioned the Planning Commission meeting on 12/09/04 and invited the Selectboard to attend. An e-mail was sent to appropriate Town departments regarding the Green Community Technology grant. The grant is federally funded with a 50/50 cost share. Applications are due mid-January. Mr. Neme suggested inviting the organization to the 12/16/04 Selectboard meeting. Mr. Bohne expressed concern about devoting staff time to more projects. If the Town can not apply this cycle, then it could be done for the next cycle. Mr. Neme will review grant requirements. Mr. Dudley suggested summarizing big issues from the CCMPO presentation relative to land use and matching transportation needs. One issue is what Shelburne will look like in 20 years. Mr. Neme asked for a review of housing targets. Mr. Bohne suggested a joint Planning Commission/Selectboard meeting. Mr. Dates noted Shelburne has 34 affordable housing units now. The Town is on track with targets. Mr. Dates noted the Board will review the sewer ordinance, budget, open space at the next Board meeting.

13. ADJOURNMENT MOTION by Mr. Dudley, seconded by Mr. Neme, to adjourn the meeting. VOTE: unanimous (4-0); motion carried.

The meeting adjourned at 11:00 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Accepted,  Stephen B. Dates

TOWN OF SHELBURNE
SELECTBOARD MEETING MINUTES
DECEMBER 14, 2004

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

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

OTHERS PRESENT: Chris Boyd, Chris Cole, David Davis, Robert Schumacher, Peter Gadeau, James Limanek, Elias Thomas, Dick Elkins, Hollie Fleck and Sue Davis (Shelburne News), Michelle Zimmerman (Burlington Free Press), and others.

EXECUTIVE SESSION The Selectboard entered Executive Session at 6:30 p.m. for the purpose of discussing personnel and litigation matters. Executive Session was adjourned at 7:14 p.m.

1. CALL TO ORDER Mr. Dates, Chairperson, called the meeting to order at 7:15 p.m.

2. APPROVAL OF AGENDA Additions to the agenda: Item 10b - Employee Holiday Gift; Item 10c - Liquor License.

3. CITIZEN PARTICIPATION Mr. Dates announced there will not be a Selectboard meeting on 12/28/04. Mr. Dates also announced that he will not seek reelection to the Selectboard when his term (two year term) expires in March. A three year term position on the Selectboard is open as well.

4. PRESENTATION AND CONSIDERATION OF THE CCTA BUDGET – Chris Cole Chris Cole, CCTA General Manager, reviewed the draft CCTA budget for FY2005/06 that includes a proposed $0.25 fare increase. Para-transit fares will increase from $2.00 to $2.50. Also, there is a 3% increase for the Green Mountain Transit Agency fixed route. Fuel expenses increased 5% ($390,000 was budgeted for fuel in FY06). CCTA will use in-house expertise versus consultants to contain expenses. The budget excludes the Williston service. There is an 8.4% increase in ridership overall. The U-Mall to Airport route increased 10%. The state has given a soft match commitment for the Williston JARC service. If the funding becomes available, Williston will be included. Mr. Cole said the Shelburne fixed route service will increase $1,000 (3% increase). Para-transit service will increase to $4,359 (3.4% increase). Shelburne’s portion of the CCTA budget is 3%. The CCTA Board will finalize the draft budget and fare increases on Wednesday, 12/15/04. A public hearing per federal law will be scheduled. The draft CCTA budget does not require Selectboard action. The CCTA Board has the power of assessment. Mr. Bohne asked if the merchants at Taft Corners know that they will be losing service. Mr. Cole answered that as an agency, CCTA does not have time to contact each Williston business, and the businesses have expressed they already pay property taxes to the Town of Williston. Mr. Neme asked for clarification regarding the increase in the health insurance premium. Mr. Cole replied Workers Compensation is a large portion of the equation. Driving the buses is hard work and takes a toll on the drivers. It is hard to attract CDL drivers. The current average age of the drivers is 50 years old.

5. DISCUSSION OF COMMON ISSUES WITH THE WATER COMMISSION Peter Gadue, Water Commission Chairman, introduced Ron Bouchard and Robert Schumacher, Water Commission board members. Mr. Gadue reviewed that the Water Commission currently receives a 30% share of the Water Tank rental revenue from the Town. A larger share is desired to offset upcoming water rate increases. Mr. Bohne said the Town receives $50,000 per year from three telecommunication carriers located on the south water tank. The Water Commission receives $15,000 per year and $35,000 goes to the Town General Fund. A 3% annual rent increase goes to the Water Commission. A potential fourth carrier on the tank, US Cellular, would add a projected $21,000 per year. US Cellular is exploring options at the tank and could be up and running this fiscal year. The companies already located on the tank have three-year renewable contracts. The water tank was to be a temporary site and the companies were to make good faith efforts to find alternate locations. There was discussion of revenues used to offset Water Department operating expenses, tank maintenance issues that included minor damage to the south tank from the telecommunications antenna, potential for increased water rates in the upcoming budget cycle, and the number of water customers on the system (2,200 customers and 500 properties not on the system). On another issue, Mr. Gadue said that the Town assessed one-third of the Town Engineer costs to the Water Department without discussion. The proposed budget is less than $600,000. Maintenance of the tank (painting) is $200,000. The telecommunications contract stated the cell users were to remove apparatus from the tank for painting maintenance, but it will cost more in legal fees to make this happen than it is worth. The tank needs re-painting every 20-25 years. Mr. Neme said that having a town engineer will be a cost savings and a benefit versus hiring a consultant. Mr. Bouchard asked that the Town justify a Town Engineer position. Mr. Dates suggested splitting the tank revenue 50/50 with the Water Commission. Mr. Neme asked for clarification of the benefits of splitting the rental revenue (between the Town General Fund and a subset of the Town). Mr. Dates suggested revisiting the Town Engineer allocation and continuing dialog with the Water Commission.

6. CONSIDERATION TO PROVIDE BENEFITS TO DOMESTIC PARTNERS Mr. Bohne explained the proposed Domestic Partner Rider to town employee health care coverage. Blue Cross/Blue Shield provided criteria information. The insurance rider will not cost the Town, and will need to be attached to the Town policy, effective 01/01/05. All Town employees must be notified of the rider. Mr. Dudley asked for clarification of the definition of a domestic partner, and any cost to the Town. Mr. Bohne reviewed his memo, dated 12/01/04, outlining a “qualifying event” and time frame for enrolling a domestic partner. The rider comes without any strings and must be in place for people to sign up. A policy must also be in place. Mr. Dudley asked if other towns offer a Domestic Partner Rider. Mr. Bohne replied Milton, Charlotte, Winooski, Underhill and Burlington offer the rider. Mr. Dudley asked what the individual would pay for the benefit, questioning if it is fair to ask the taxpayers to pay the expense. Mr. Bohne stated currently the Town pays 100 percent of health benefits. The Board will further discuss what the Town will pay or the individual will pay for the coverage.

7. ADDITIONAL PROJECTS FOR THE SEWER TREATMENT PLANTS AND THE COLLECTION SYSTEM Mr. Bohne gave an overview of the bond authorization program for various projects, such as the wastewater treatment plant reconstruction, Route 7, and the Creamery sewage line bottleneck. Mr. Frankenburg outlined phases of the bond authorization, project expenditures, and remaining loan amounts. Remaining amounts can be used to leverage new bonds or grants for projects. The state’s revolving loan program is now charging 2% interest. The sludge and septic enhancement grant of $820,000 has an unspent loan balance of $142,000. Digester covers are needed for the small digester in the septage receiving area to mitigate odors and moisture problems. Mr. Frankenburg explained other improvement projects that include the Route 7 septic line relocation and a collection system line that needs replacement under the railroad tracks. The continued authorized bond fund expenditures require Board action for approval. Mr. Bohne reported a section of line under the railroad between the Wooden residence and the Creamery needs to be replaced. A large portion of the cost of the project ($90,000) is due to the need to bore under the railroad. A railroad flagger may be required for (railroad) safety at a cost of $75.00 per hour. MOTION by Mr. Dudley, seconded by Ms. Levine, to authorize the expenditure of $118,388 for the installation of a collection system line at the railroad crossing as presented. VOTE: unanimous (4-0); motion carried. MOTION by Mr. Neme, seconded by Ms. Levine, to approve the proposed plant construction for the list of remaining projects in the amount of $143,540. VOTE: unanimous (4-0); motion carried.

8. DISCUSSION OF SEWER CAPACITY ALLOCATION ORDINANCE Mr. Neme reviewed sections of the Sewer Capacity Allocation Ordinance and said that the rural mixed use Planned Rural Development (PRD) for the Field of Dreams project (Abele property) was an exception in the ordinance. The PRD was crafted in such a way that other projects could not meet the criteria. Mr. Bohne asked if this was something the Town wants to maintain. There was reserved capacity for the PRD. There was discussion of Section 3 and 3b, the 10 percent set-aside and a 11,000 gpd for special projects (Mr. Neme suggested rolling both into one category and increasing the 10 percent set-aside), an imbalance of capacity at the waste water treatment plants relative to the set asides (Plant #1 with 7,000 gpd and 31,000 gpd at Plant #2), what should be projected for commercial capacity, and a build-out analysis of residential versus commercial. James Limanek, resident, noted that connecting the two plants was considered when commercial space was reviewed. There is a gravity feed from Plant #1 to #2. Mr. Neme suggested limiting an applicant to 40 percent in any three-year allocation in relation to Plant #1. This would not be much at 500 gpd. Mr. Dates noted there is 13,000 gpd in unconnected facilities. The capacity could go in one column and then split. Mr. Neme said more information on the purpose of the waiting list is needed. NEXT STEPS: • Mr. Dates and Mr. Neme will word-smith the Sewer Allocation ordinance to the next level. • Compile allocation numbers. • Staff will compile expiration of allocation for clarity.

9. DISCUSSION OF ORDINANCE TO REGULATE BURNING, AMEND THE FIREARMS ORDINANCE AND CREATE A THREE-WAY STOP AT BISHOP AND SPEAR STREETS Mr. Bohne reported that the Town received calls regarding incidents during hunting season. Staff will research boundaries set as they are. It is the same issue with burning. Burn barrels are prohibited, but people are still burning trash illegally. Elias Thomas, resident, suggested starting a garbage pickup to be funded via taxes. Mr. Bohne said a three-way stop is proposed for the Bishop Road/Spear Street intersection. Staff will prepare an amendment for Board consideration. There is concern that those who are turning do not have to stop. Motorist heading north hesitate where there is a stop. Mr. Bohne explained the ordinance adoption and public hearings process. Ms. Levine asked Board members if they inspected the dip on Webster Road, which was discussed at the previous Board meeting. Mr. Dates agreed if people drive the speed limit, then motorists exiting from Farmstead Road will have amble time to enter Webster Road. Monroe Brook flows under that point of the road, and if the roadbed is raised, the shoulders would have to be extended which could impact the nearby pump station. Mr. Limanek said that when the snow is plowed, there are snow banks hindering sight distance. People driving the speed limit might mitigate the problem. The ideal would be to raise the road and eliminate the dip. Mr. Thomas said increased traffic makes it difficult to keep track of cars in the dip. There is the option of lowering the hump. The hump is an accommodation of a driveway that has been removed. Mr. Boyd suggested increased police enforcement of the speed limits, especially early in the morning hours. Mr. Dates suggested staff forward an estimate of costs to raise the Webster Road dip.

10. REQUEST FOR RELIEF FROM PROPERTY TAX PENALTY – Jennifer Whalen Mr. Frankenburg reviewed the request for relief from property tax penalty as outlined in a letter from Jennifer Whalen, dated 12/05/04. A copy of the stop payment from Fidelity Investments was included with the letter. Mr. Dudley asked for proof of payment, such as a check register. Mr. Frankenburg said he asked if Ms. Whalen has a register, but it does not appear she does. Mr. Frankenburg explained that Ms. Whalen mailed the payment in an outside drop box at the Post Office. The collected mail was taken to Essex Junction for processing, not into the Shelburne Post Office. Ms. Whalen was asked if she had any checks written around the date of her tax payment, and she said the last one written was the August tax payment. The replacement check was from the same account. Mr. Dudley asked if the replacement check was #1025. Mr. Frankenburg will request a copy of the check. Action was delayed until the next meeting of the Board.

10b. EMPLOYEE HOLIDAY GIFTS Mr. Bohne said that employee holiday gifts as a “thank you” from the town is an annual amount of $25.00 per employee, and includes part-time employees. MOTION by Ms. Levine, seconded by Mr. Dudley, to authorize the end of year employee holiday gift of $25.00 (per employee) as a thank you from the Town. VOTE: unanimous (4-0); motion carried.

10c. LIQUOR LICENSE The Board signed the Second Class liquor license application for Shelburne Beverage and Deli.

11. APPROVAL OF MINUTES OF 12/06/04 The minutes of the 12/06/04 meeting were not available and will be approved at the next meeting of the Board.

12. MEMBER CONCERNS Mr. Bohne reviewed the following: • An e-mail regarding an Enhancement grant for $20,000 for scoping and engineering paths. A $4,000 match is required. • Staff will meet with a traffic engineer on 12/15/04 regarding a speed limit study. A public meeting date will be scheduled.

13. MEMBER CONCERNS Mr. Neme said he would be out of town and will phone in for budget discussions. Mr. Dudley reported there are three key points to the proposed CCMPO Plan as follows: • Local planning language should be added. • Widening of Shelburne Road planning was discussed with Peter Keating. • Request for additional funding for sidewalks in the MTP (south of the LaPlatte Bridge to the Village). The Town has discussed routing a path under the bridge and up to the other side versus crossing Route 7. Ms. Levine asked if a domestic partnership is a legal union or only a definition for an insurance contract. Mr. Dudley suggested contacting the City of Burlington for an answer.

14. ADJOURNMENT MOTION by Mr. Dudley, seconded by Mr. Neme, to adjourn the meeting. VOTE: unanimous (4-0); motion carried.

The meeting adjourned at 10:05 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Accepted, Stephen B. Dates

DRAFT TOWN of SHELBURNE SELECTBOARD Minutes of Budget Meeting December 21, 2004 MEMBERS PRESENT: Steve Dates, Chair; Lisa Levine; Jim Dudley; Chris Neme by phone ADMINISTRATION PRESENT: Paul Bohne, Town Manager; Peter Frankenburg, Finance Director OTHERS PRESENT: Dan Senecal-Albrecht, CCRPC Staff 1. CALL TO ORDER Mr. Dates, Chairperson, called the meeting to order at 7:10 P.M. 2. APPROVAL OF AGENDA Mr. Dates announced that the Town was informed that the Fishman request for a Certificate for Public Good from the Public Service Board was withdrawn. Therefore item #5 was withdrawn. A new item #5 was added to cover Approval of Documents for the SRF loan for relocation of the sewer line in conjunction with the reconstruction of Route 7. 3. CITIZEN PARTICIPATION None. 4. DISCUSSION AND APPROVAL OF ALL-HAZARDS MITIGATION PLAN Mr. Albrecht presented an overview of the proposed plan which had been distributed previously to the Board. There was general discussion of the plan. Mr. Dates felt that location of a shelter or shelters in Shelburne needed review. The Town Center may be a possible alternative shelter. Mr. Albrecht assured the Board that the document could be amended over time, but having it in place assured the Town would be eligible for FEMA Grants. MOTION by Mr. Dudley, seconded by Mrs. Levine, to approve the All-Hazards Mitigation Plan. The motion was approved 3 in favor, 0 opposed, with Mr. Neme abstaining because he did not hear the entire presentation. 5. APPROVAL OF SRF LOAN Mr. Bohne provided a general explanation of the documents provided by bond counsel. MOTION by Mr. Dudley, seconded by Mrs. Levine, to execute the SRF documents as presented. Vote unanimous (4 in favor; 0 opposed); motion carried. Page 2 – Selectboard Minutes – 12/21/04 6. FISCAL YEAR 2006 BUDGET PRESENTATION AND DISCUSSION Mr. Bohne and Mr. Frankenburg provided an overview of the budget as provided to the Board. There was Board discussion particularly regarding highway retreatment, legal, sidewalks, landscaping on Harbor Road and merit and parity pay. The Board agreed that each member would circulate questions and issues to be discussed at future budget meetings. MOTION by Mr. Neme, seconded by Mrs. Levine, to adjourn the meeting. Vote unanimous (4 in favor; 0 opposed); motion carried. The meeting adjourned at 9:55 p.m. Respectfully Submitted, Paul W. Bohne III Approved, Stephen Dates Chair -----------------------------------------------------------