Selectboard Meeting Minutes

TOWN OF SHELBURNE SELECTBOARD MINUTES OF MEETING NOVEMBER 12, 2002 MEMBERS PRESENT: Ken Albert, Chairperson\; Steve Dates, Steve Good, Norm Silcox, George Faris. STAFF PRESENT: Paul Bohne, Town Manager\; Peter Frankenburg, Financial Officer\; Dean Pierce, Shelburne Town Planner. OTHERS PRESENT: Christine Armstrong, Chris Cole (CCTA General Manager), David Davis, Bob Stone, Rick Pollack, Pete Munsell, Ryan Mills, George Mills, Dick Walters, Ginny Walters, Gloria Warden, James Warden (Shelburne Police Chief), Paul Craven, Susan Davis (Shelburne News). EXECUTIVE SESSION The Selectboard entered Executive Session at 6:30 p.m. for the purpose of discussing personnel matters where premature knowledge would place the Town at a substantial disadvantage, and invited the Town Manager to attend. The Selectboard adjourned Executive Session at 7:20 p.m. and noted that Executive Session would continue after the regular meeting was adjourned. 1. CALL TO ORDER Mr. Albert, Chairperson, called the regular meeting to order at 7:22 p.m. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. CITIZEN PARTICIPATION There were no comments. 4. PRESENTATION OF AWARD TO SHELBURNE DISPATCH Rick Pollack, Charlotte Rescue Chief, thanked the Shelburne Police Department dispatch unit for providing a needed public service, and presented an award plaque to Shelburne Police Chief Warden. Mr. Albert thanked the Charlotte Rescue and Shelburne Police Dispatch for enhancing the cooperation between both towns. 5. STORM WATER Dean Pierce, Shelburne Town Planner, explained an outline for a Regional Storm Water Educational Concept currently subject to state and federal requirements. Mr. Pierce reviewed a Storm Water Management memo from the Planning Office, dated 11/08/02, that included information regarding a March 2003 Phase II deadline for filing an NPDES application. Also highlighted were permit requirements for the six proposed areas, implementation of federal rules using guidelines, and a Lake Champlain Committee budget of $44,000. Shelburne’s obligation was $4,000 per year for five years, which addressed #1 of the six requirements. The Lake Champlain Committee conducted a survey regarding interest, said Mr. Pierce. Mr. Dates suggested that the budget related to Shelburne be a separate line item. There was further discussion regarding costs for printing educational materials, creation of a website, staff time, and costs for existing conditions versus addressing the requirements. Also discussed was an appeal of the South Burlington mitigation permit and on-going discussions with town attorneys. Mr. Bohne said that methods used by the State of Vermont were questionable and it was not clear that steps taken would mitigate problems. Staff would forward recommendations to the Selectboard. Mr. Pierce noted that the Town must make a commitment by the middle of January/early February. Mr. Silcox stated that there was no model for storm water pollution. The state did not know what they were trying to fix, what pollution level to measure, what the lake could absorb, or how to correct any problems. Mr. Silcox said he would make an appointment to visit the Agency of Natural Resources. Mr. Pierce explained that if none of the 11 towns elected to participate, they would still have to address the six requirements. Funds would pay staff to carry out the state requirements. It was unknown what the State’s enforcement would be if the Town did not seek coverage under the permit. There were two sets of regulations that complicate the issues. Mr. Bohne noted the Agency of Natural Resources would monitor Monroe Brook. 6. CRITERIA FOR WAIVER OF THE EDUCATIONAL IMPACT FEE Dean Pierce reviewed Section 9 of the Impact Fee Ordinance regarding recreation impact fees. The Selectboard must adopt a resolution that set parameters for waivers/exceptions, address criteria, and a time schedule. A draft was sent to the Board for discussion. Key issues were identified that included a definition of “affordable housing” related to a wavier, a definition of “elderly”, federal housing laws, permanence of affordable housing, how to adjust fees, and timing which was driven by large subdivision applications at the Planning Commission level. There was discussion regarding a definition of low cost housing versus affordable housing, median income targeted on a countywide basis versus the median income of Shelburne, and the potential for two categories. Mr. Dates noted that language for granting waivers were “may” versus “must”, and using guidelines versus mandating, which allowed for an option to grant a wavier. Mr. Silcox asked if a waiver would apply to all impact fees or just Recreational Impact Fees. Mr. Pierce replied for recreational, educational, and wastewater fees. Language would state it was a Selectboard decision with input from the Planning Commission. In order to grant a waiver, a resolution must be in place. Also, the Selectboard could condition affordable housing as perpetual. 7. CCTA BUDGTET AND TASK FORCE PRESENTATION Chris Cole, CCTA General Manager, passed out three documents for Selectboard review, including an overview of the CCTA draft FY04 budget, mileage assessment for member communities, and alternate revenue sources versus the current property tax funding system. Mr. Cole reviewed the draft budget revenue changes and expenses. ADA service purchase was the largest item and ADA service would be re-examined for eligibility. The fixed route impact to Shelburne was increasing $2,000, mileage would be reduced on the Davis Parkway route, and paratransit would increase $12,000. Mr. Silcox asked for ridership numbers to the Teddy Bear Factory. Communication could be improved between the Town and CCTA, advised Mr. Silcox. Mr. Albert asked for information regarding increases in Shelburne’s share of CCTA costs, including ridership by trip. Mr. Walters explained that the Town representatives had requested a study for mileage and ADA numbers. Mr. Dates asked staff to provide information regarding the CCTA budget impact related to the Town budget. Mr. Cole noted that the draft budget vote was scheduled 12/11/02. CCTA would re-examine Shelburne’s costs/routes and contact the Town. Paul Craven, consultant, explained that a proposed Regional Transit Authority would explore alternate funding sources as a method of removing CCTA service from the property tax. Options could include a regional gasoline sales tax. A report would be forwarded to the Selectboard by next week. 8. REQUESTS TO ASK VTRANS TO REDUCE ROUTE 7 SPEED LIMITS NEAR CYNOSURE DRIVE AND INCLUDE STOP SIGN AND NO LEFT TURN FROM AFFORDABLE HOUSING IN TOWN TRAFFIC ORDINANCE Mr. Bohne explained that the Lake Champlain Housing Development Corporation had two requests regarding traffic issues related to an affordable housing project located on Cynosure Drive. One condition would reduce speed on Route 7, which would require a letter to the State of Vermont for an evaluation of speed. MOTION by Mr. Good, seconded by Mr. Faris, to recommend that the state initiate a speed study along Route 7 near Cynosure Drive as presented. VOTE: unanimous (5-0)\; motion carried. Mr. Bohne reviewed that the Town did not own Cynosure Drive and could not authorize a request for a Stop sign and a No Left Turn sign on private property. The staff recommends the Selectboard not approve the request as part of the Town Traffic Ordinance. Legal counsel reviewed the request and staff would respond to the request. A Green Hills Drive resident explained a brief history of the Green Hills Drive development and noted that there were 18 homes in the development. There were 18 affordable housing units proposed on Cynosure Drive. If the Town could not enforce a No Left Turn, what were the options. Mr. Bohne said that Ray Pecor owned the Cynosure Drive area. Staff would research the possibility of closing the Pecor right-of-way. A gate with a swipe-card access was suggested. 9. CAPITAL BUDGET – Presentation and Discussion Mr. Frankenburg presented a draft Capital budget, dated 11/07/02, which was a six-year Capital Project plan. The plan included input from the Planning Commission. No action was required at this time. Mr. Frankenburg asked for comments/questions regarding the budget presentation format. Mr. Dates asked for clarification regarding a program to automate town records. Mr. Frankenburg said that the program was a joint venture with other communities. Funding for a study was found on page 6, line 2, FY02/03. Staff would research further details regarding the multi-year project. Mr. Faris suggested that a ladder truck be funded through an impact fee. Also, funding traffic impacts was a question. The Planning Commission should be more involved in capital planning, which would make allocating impact fees for capital projects easier. Mr. Bohne said that the Fire Department Chief would appear before the Selectboard regarding budget issues on 12/11/02. Mr. Frankenburg said the next budget version would clarify project types and a calendar of the budget process. Not included were existing debt and trends. Staff recommended a First Reading in January. 10. RESOLUTION FOR SITE CONTROL OF NOONAN HOUSE BY LAKE CHAMPLAIN HOUSING DEVELOPMENT CORPORATION Mr. Bohne reviewed a proposal for affordable housing by the Lake Champlain Housing Development Corporation and summarized site control to LCHDC for securing all permits and establishing a lease. The resolution does not give control of town land to the LCDC, only use of the building. Ms. Armstrong, resident, spoke in favor of town control of the Noonan House as a senior center or for community activities. The Town voted in favor to buy the building, and she was not in favor of giving it away in a 99-year lease. Citizens in the community were uninformed about the Noonan House. A concern was the commercial tenant. The language of the vote was misleading (it implied that the building would be used by a non-profit). Pros/cons could be mailed to the community, said Ms. Armstrong, who requested that the Selectboard start over. Mr. Dates reviewed that a separate item was the $19,000 voted last year for the demolition of the building. The Town purchased the Noonan House land for the Town Center, which was the focus versus the building. The Town has tried to find a use for the building without success. The LCHDC was the entity that was leasing the building. Two affordable housing units would be located on the second floor. The Shelburne News was a “cash paying” commercial tenant. Also, a non-profit would be eligible for federal funding/grants. There were seven parking spaces dedicated to the Noonan House. Mr. Bohne said that details would be finalized in the Planning Commission process. Mr. Silcox suggested adding language in the 99-year lease saying the Town would have right of first refusal for town needs. Mr. Faris said that a 99-year lease was deemed to have right of first refusal to the building. Staff could write a condition that the Town retained control in the use of the property. To renovate the Noonan House for use as a senior center would cost $500,000-$750,000, calculated Mr. Faris. There was further discussion regarding town uses of the Noonan House such as renting to a town employee (pursued already), the building as a part of the streetscape, and a lease that could be written for the benefit of all parties. Mr. Good commented that donations for a senior center were solicited without success. Effort will continue to find a site for a senior center. MOTION by Mr. Dates, seconded by Mr. Silcox, that the Selectboard continue to support the resolution regarding a 99-year lease with the Lake Champlain Housing Development Corporation. VOTE: unanimous (5-0)\; motion carried. MOTION by Mr. Dates, seconded by Mr. Silcox, to authorize $19,000 for disposition of the Noonan House toward construction costs. DISCUSSION: Mr. Dates pointed out that the $19,000 could become part of the town surplus in current tough times. The $19,000 would not make or break the proposal. On the other hand, the $19,000 could be an element to make the proposal more affordable. Mr. Silcox noted that given the budget as presented and a $14,000 increase in the CCTA share, it would be prudent to retain the $19,000 in the budget. VOTE: 0 ayes, 5 nays (Albert, Faris, Dates, Silcox, Good)\; motion did not carry. MOTION by Mr. Dates, seconded by Mr. Silcox to authorize as presented a letter of Resolution for Site Control of the Noonan House by Lake Champlain Housing Development Corporation. DISCUSSION: Mr. Faris asked for clarification regarding financing based on lease costs. Mr. Bohne explained that terms of the lease would be proposed, but if the Town could not negotiate a fair lease, then the deal terminates. Mr. Silcox asked if the pilot $2,100 for the first year payment was ‘forever’. Mr. Bohne replied that staff would add language for some sort of escalation. Mr. Albert commented it could be a $4,000-$5,000 tax bill. CALL THE QUESTION by Mr. Faris. Discussion ceased. VOTE: unanimous (5-0)\; motion carried. Mr. Bohne recalled a past occurrence where the Selectboard approved a resolution for a grant application using an outdated resolution, and the applicant changed the language for an updated resolution. MOTION by Mr. Dates, seconded by Mr. Silcox, to approve an updated resolution for a grant application by the Lake Champlain Housing Development Corporation as presented. VOTE: unanimous (5-0)\; motion carried. The Selectboard signed the resolution. 11. APPROVAL OF MINUTES OF 10/08/02 AND 10/22/02 MOTION by Mr. Dates, seconded by Mr. Good, to approve the minutes of 10/08/02 with the following correction: Page 3, item #6, Forest Park sewer allocation motion - change the wording to read “…keep the current one-year time table” in place of the words “…reasonable limit.”. VOTE: unanimous (5-0)\; motion carried. MOTION by Mr. Dates, seconded by Mr. Good, to approve the minutes of 10/22/02 as written. VOTE: 3 ayes, 2 abstentions (Faris, Silcox)\; motion carried. 12. MANAGER’S REPORT A written Manager’s Report was included in the Selectboard packet. It was noted the second Selectboard meeting in December was rescheduled to 12/26/02. 13. BOARD MEMBER’S CONCERNS There were no concerns expressed. 14. ADJOURNMENT The Selectboard Chair adjourned the meeting at 10:29 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. These minutes are subject to correction by the Shelburne Selectboard. Changes, if any, will be recorded in the minutes of the next meeting of the Board. Approved, Kenneth Albert Chairman

TOWN OF SHELBURNE
SELECTBOARD MEETING MINUTES
NOVEMBER 26, 2002

MEMBERS PRESENT: Ken Albert, Chairman; Steve Dates, Steve Good, Norm Silcox, George Faris.

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

OTHERS PRESENT: James Fitzgerald (Champlain Flyer General Manager), Paul Craven (Vermont Railway consultant), Charlie Miller (VTrans Rail Division), Dick Reid, Jim Taylor, Grace Mann, Barbara Potter, Charles Robitaille, Gillian Senior, George Schiavone, Bill White, Diane Shelling, Liz Curry, Andy Broderick, Dave Davis, James Warden (Shelburne Police Chief), Joyce Errecart, Sue Davis (Shelburne News).

1. CALL TO ORDER Mr. Albert, Chairperson, called the meeting to order at 7:00 p.m.

2. APPROVAL OF AGENDA The following items were added to the published agenda: · Item #6 – Justice Award Approval · Item #9 – Tax Abatement – Discussion · Regional Planning Report – George Faris under Item #12: Board Member Concerns

3. CITIZEN PARTICIPATION Mr. Reid referenced a notation in the minutes of 10/08/02 regarding the Ti Haul Road Walking Trail project. Mr. Reid expressed concern about erosion control measures that were not addressed adequately. There are several problems with inadequately sized culverts and storm water silt fence installation by the contractor. Mr. Reid submitted photographs depicting erosion damage during a recent rain storm, and suggested work cease for construction review, repair to the silt fences, placement of larger culverts, and development of a conservation plan for the Tiballis and Sterns agricultural lands that conform to the Shelburne Natural Resource Conservation recommendations. Mr. Dates said that he had viewed the damage to the washed out section of trail and had notified the Town Manager. Problems include elevation and culverts. Mr. Albert asked staff to provide a report at the next Selectboard meeting.


4. NEIGHBOR CONCERN FOR RAILROAD NOISE – Discussion Mr. Bohne reviewed the Harbor Road residents’ concerns regarding train whistles and bells at the Harbor Road rail crossing. Also, car queues occurred in the mornings as parents drove their children to school. Vermont Railway (VTR) personnel had examined the problem with the crossing gates and made an attempt to re-time the gates. Route 7 traffic lights have been re-timed during the one-half hour period, but concerns were expected to continue. Gillian Senior, resident along the railroad track, reiterated that the train whistle noise was excessively loud and asked if there is any way to ameliorate it. It was not so much the hours, but the level of noise. Sometimes the engineer blows it sharply and short, or loud and long starting 100 yards down the track. Ms. Senior contended the noise was worse than a jet plane and was affecting her hearing. Grace Mann said that the 6:00 a.m. train was not so bad, but the train was louder later in the day. Mr. Albert noted there were previous discussions regarding a “directional” horn versus the train horn (which left the residents at the mercy of the train operator). Mr. Schiavone said that freight trains must blow the horn louder because of the time needed to stop a freight train than a shorter commuter train. Mr. Fitzgerald explained that federal and state operating rules pertaining to whistle blowing were uniform. White “W” signs located one-quarter of a mile from crossings indicated where a train must blow the whistle. The series was two long, one short, and one long, with the last “long” as the train operated within the crossing. The fastest speed allowed anywhere on the railroad governed the whistle blowing distances. The engineer’s shorter blast was not complying with the rules and they were in violation of federal rules. The rules were clear how and where whistles were to blow. The Champlain Flyer crew was trying to accommodate sleeping residents, said Mr. Fitzgerald. Mr. Miller explained that the Harbor Road crossing was selected for a directional whistle, but it must be determined what is possible engineering wise and design wise. The train engineer must know that the directional whistle was blowing. At this time there was no time frame for installation, but the goal was to have a contract by the end of the fiscal year. Mr. Miller explained a directional horn was mounted on the cross arms at a crossing and was activated when a train reached the activation post perpendicular to a road. The signal must be heard 100 feet from a crossing, four feet off the ground, and at 96 decibels (just as is required at a crossing with a train mounted horn). Mr. Miller reviewed that a directional horn test was conducted in Burlington. The horn focused the sound down the road versus a wide broadcast. A consultant design could be ready within 30-60 days, said Mr. Miller. Ms. Mann asked if the decibels of the train horn could be lower than the 96 dB, commenting that in Canada, the horn does not seem as loud. Mr. Fitzgerald explained the 92-day (horn) testing requirement nationally, and that VTR checks decibel levels rigorously. In the United States, the decibel level per federal mandate is 96 dB. Canadian regulations are different. Mr. Bouchard asked for a copy of the VTR testing records. Mr. Craven explained that horn testing to FRA standards was required and the VTR sent testing records to the FRA. Mr. Craven will check with VTR regarding release of the testing records. Barbara Potter, a concerned citizen from the Burlington Waterfront, noted a difference in regular train horns versus a directional horn. A train horn starts before and long after a crossing versus a stationary directional horn. Mr. Fitzgerald reported that a serious problem at the Harbor Road crossing had been discussed with Police Chief Warden. Photographs of motorists sitting in the middle of the tracks at the crossing were taken. One woman had a dog on her lap and was using a cell phone. Train staff spoke with the lady and asked her not to stop on the tracks. The VTA and VTR are willing to hand out safety pamphlets at the crossing. Also of concern was the denial of an Operation Lifesaver presentation at the Shelburne Community School. Mr. Trombley, VTR representative, approached the Shelburne School Nurse and head of the school safety program, but the nurse said that the teachers do not have time for a presentation. Mr. Miller said the delay at the crossing light was adjusted and the car queue was moving faster. It would cost an additional $50,000 to install a directional horn. There was discussion regarding a quiet zone at the Harbor Road crossing (there is a safety concern) Mr. Albert recalled that the FRA position not to have a quiet zone installed guided the Town. Mr. Fitzgerald said the FRA must approve a quiet zone. Minutes of the Town meetings would show that a quiet zone was a safety concern for the school, commented Mr. Fitzgerald. Mr. Miller said that a quiet zone could not be federally funded at this time because the zones were installed and changes to one section of a quiet zone could not be done. The entire system was designed to operate as a whole. The FRA considers Harbor Road a safe crossing now and would not participate in any changes, said Mr. Miller. In response to questions for clarification, Mr. Miller said that there were no federal funds available for changes to the existing crossing, and a directional horn would be 100 percent state funded. A directional horn could be in place by 06/30/03 depending on funding, and an engineering design by the first of the year was a best effort. All trains would activate the directional horn which would be a permanent installation. Mr. Fitzgerald reiterated that the white “W” signs posted one-quarter mile from crossings were set to accommodate the fastest train speed on the track which was 59 mph. The speed at the crossings was 40 mph for freight trains\; the Flyer stopped at the stations. Not every train stopped at the Shelburne Station, therefore, the Flyer could not blow its whistle closer to the crossing. Freight trains go through (Shelburne) at 40 mph regularly. Mr. Silcox observed that parents taking their children to school comprise most of the early Harbor Road traffic and suggested handing out posters to drivers at the school for one week saying motorists can not stop on the tracks or they would be ticketed. The school should cooperate. Mr. Bouchard, resident, expressed concern regarding item #3 in a Memorandum of Agreement between VTrans and towns. Mr. Bouchard asked for a written opinion regarding item #3 and why the bells were sounded at the crossing. Mr. Miller explained that FTA regulations state when a gate comes down, bells must ring. The agreement referred to train bells, not gate bells. Mr. Miller said he would provide a written explanation to the Selectboard. Ms. Errecart noted that item # 3 referred to other audible warning devices. Mr. Miller assured VTrans tried to meet every commitment, but he could not speak for previous VTrans representatives regarding the agreement which was drafted in all good faith. Mr. Miller pointed out that the FRA representative said there was no way the Windmill Bay crossing would not have bells. Ms. Potter pointed out that in Louisville, Kentucky, the quiet zones had bells on the gates, but no whistles. Mr. Bouchard said that the bells on the train sounded coming and going at the quiet zones. Mr. Miller said he would check with VTR on this matter, however, warning bells sounding as gates came down was a good practice as well as a safety issue. Mr. Fitzgerald said that regardless of agreements, the train would sound the whistle in cases of emergency. Federal law would preempt agreements in that case. Mr. O’Brien, teacher and parent, expressed concern that he puts his children at risk for the train as he ferries them to school and suggested the train schedule change to accommodate the one-half hour during school drop-off. Mr. Fitzgerald said that if the train timetable at Harbor Road changed that would impact all trains throughout the day. Mr. Schiavone suggested testing a directional horn at the Harbor Road crossing. Mr. Silcox said all neighbors within “earshot” should be included. There was discussion regarding the pattern of a train whistle at 96 dB along the track versus directed down a roadway, total cost of the horn and installation at $50,000 of which $10,000 would be for design, and knowing the impacts of changes before approving a change. Mr. Miller will contact the Town Manager with potential testing dates and impacts on the train schedule.

5. RECONSIDERATION OF FINANCIAL SUPPORT TO RENOVATE THE NOONAN HOUSE Mr. Bohne reviewed that a Lake Champlain Housing Development Corporation (LCHDC) application for a grant summary budget included a line item of $19,000 for Town support of the project. Deleting the $19,000 would create a shortfall, be bad for public relations, and change the application. Mr. Dates said that when the Selectboard voted on the affordable housing project, it was thought the request was for the $19,000 versus deed. Ms. Curry explained this was an oversight and communication issue. Community support was important for a successful grant. Mr. Albert said that the Town showed community support by waiving some fees. Mr. Bohne clarified there was no request to waive fees at this time. Mr. Dates recalled that language at the March Town Meeting was for $19,000 toward the disposition of the Noonan House, and the funds could qualify as Town support. MOTION by Mr. Dates, seconded by Mr. Good, to reconsider the vote on 11/07/02 to renovate the Noonan House, and to apply the $19,000 disposition funds for the Noonan House toward the Lake Champlain Housing Development Corporation application. DISCUSSION: Mr. Silcox pointed out that he could not support the motion because the Town was expecting an $18,000 hit to the budget. The Noonan House as a municipal building would not appear on the Grand List. Taxes would not go to the Town. Also, citizens have opposed the proposed 99-year $1 per year lease. There has been discussion regarding waiving of Sewer, Recreation, and Educational impact fees for the Noonan House and Cynosure Drive projects. Mr. Good said he thought the $19,000 was for the demolition of the Noonan House. There has been discussion over the last year and a half about using the $19,000 to get the Noonan House up and running. Mr. Dates said the tax issue was raised and payment in lieu of taxes of $7,000 per year for three years was expected. Mr. Broderick explained that LCHDC assumed it would pay taxes on the building not the land. Ms. Curry said that taxes were not included in the estimate, but could be a part of the discussion. CALL THE QUESTION by Mr. Albert. Discussion ceased. VOTE: 4 ayes, 1 nay (Mr. Silcox)\; motion carried.

6. JUSTICE GRANT Shelburne Police Chief Warden reviewed a police department memo, dated 11/22/02, regarding an award of $26,459 for a Justice Program grant. The grant would pay for public safety items, such as a snowmobile and maintenance. Overtime would be paid by on-going traffic enforcement grants. There would be zero impact on the operating budget. Personnel were already trained for snow machine patrol. Mr. Bohne noted that Town insurance rates would not be affected by the purchase of a snow machine. There was discussion regarding traffic patrol (specifically on Irish Hill Road), use of a snow machine for patrolling the VAST trail, location of the VAST trail through Shelburne, and the use of personal vehicles for police business (would be alleviated by the purchase of a used unmarked car). Chief Warden said staff would research the extent of the VAST network in Shelburne and forward information to the Board. Mr. White, resident, suggested that the police department rent a snow machine. There was further discussion regarding training for two police officers at the Sirchie Crime Lab in North Carolina. Chief Warden explained that up-to-date training for blood situations, fingerprint lifting techniques, and other criminal investigation techniques was needed. MOTION by Mr. Dates, seconded by Mr. Good, to support a Shelburne Police Department Office of Justice Programs grant application as presented in a Shelburne Police Department memo, dated 11/22/02. DISCUSSION: Mr. White asked if the funds would be better spent patrolling Irish Hill Road. Chief Warden replied that the grant funds could not be used for that situation, however, the department did patrol Irish Hill Road. VOTE: unanimous (5-0)\; motion carried.

7. RENEWAL OF TOWN HALL RENOVATION BOND ANTICIPATION NOTE MOTION by Mr. Dates, seconded by Mr. Good, to renew the Town Hall Renovation Bond Anticipation Note as presented. VOTE: unanimous (5-0)\; motion carried.

8. DISCUSSION OF CCTA BUDET PROPOSAL Mr. Dates reviewed a proposed FY04 CCTA budget assessment, Shelburne Town budget retreat discussions, and other revenue options with a goal to level fund the Town budget. The Town was expecting a $14,000 increase for CCTA fixed route service. ADA service has grown 178% since the start of service. Requested ridership information was received 11/15/02, which showed fixed ridership at 31,000 annually with 4.3 people per trip average. Para-transit ridership was 230 for October. Mr. Dates reported on a CCTA meeting held 11/22/02 regarding the use of additional federal funds, which could save Shelburne up to $6,034. Other issues discussed included a 12/09/02 deadline for changes in level of Shelburne service, reducing ADA service through reduced fixed route service, and criteria for withdrawing as a CCTA member. Regarding reduced service, if other towns also reduced service, then the costs would not decrease, said Mr. Dates. There was discussion of reducing service Monday through Friday and no service on Saturday, exploring peak commuter times, concern that ridership would be lost with reduced service, possible regional service funded with a regional tax (such as a one-cent gasoline tax), and CCTA billing authority. Mr. White asked how Shelburne could get the same CCTA agreement as Colchester and Williston. Mr. Davis explained that CCTA ran a route through Fort Ethan Allen in Colchester. Williston routes were funded through a Job Access Reverse Commute grant. Williston paid for ADA service. Both towns must decide on becoming a member soon. The Shelburne Teddy Bear route was serving industry, pointed out Mr. Davis. Mr. Schiavone suggested utilizing smaller buses. Mr. Davis replied that smaller buses were on order. CCTA was looking into demand service. Also, the CCMPO was looking into Route 15 transportation improvements, and a proposed Regional Transportation Authority (RTA) was under study. Mr. Silcox said a copy of the RTA report had been requested. Mr. Schiavone spoke in favor of reallocating transportation funding for bus service. A meeting was scheduled for Thursday, 12/05/02, at 7:00 p.m. to discuss Saturday run cuts, options, continued Teddy Bear service and funding, and a FY04 CCTA budget presentation.

9. TAX PENALTY AND ABATEMENT Mr. Albert read a proposed amendment to change the penalty assessment for late property tax payments. Mr. Albert suggested a two-tiered assessment of $25 plus 1.5 percent interest for the first seven days of late payment, then after the seventh day, the penalty would revert to an 8 percent penalty and 1.5 percent interest. MOTION by Mr. Albert, seconded by Mr. Dates, to approve an amendment to the Tax Penalty and Abatement as follows: $25 plus 1.5 percent interest for the first seven days late payment, and after the seventh day, the penalty would revert to an 8 percent penalty and 1.5 percent interest. DISCUSSION: Mr. Dates suggested an option that the Town Manager review late tax payments on a case-by-case basis with the authority to waive the proposed seven-day penalty. Mr. Silcox questioned the rational for waiving a fine. Mr. Dates said it would not change the process, but the taxpayer must show a good faith effort to pay. Mr. Silcox said that if the 8 percent penalty was changed to $25, the Town Manager would not be burdened with review of each case. It would also be prudent to check with the Financial Officer regarding potential decreased revenues. Mr. Frankenburg pointed out that there would be increased administrative costs. The tax payment system was computerized. Mr. Bohne pointed out that staff would have to hand generate assessments versus an automatic billing via computer. Mr. Frankenburg questioned if the proposed change would require a charter change. Penalties were set in the charter. Mr. Bohne reported that penalty was set at 8 percent by charter, but the Selectboard had the power to waive a penalty and therefore could change assessment. Mr. Dates suggested changing the due date to be arrival at the town clerk’s desk versus a postmark. Prior to the vote, Chairman Albert tabled the motion until the next meeting of the Board.

10. APPROVAL OF MINUTES MOTION by Mr. Dates, seconded by Mr. Good, to approve the minutes of 11/12/02 as written. VOTE: unanimous (5-0)\; motion carried.

11. TOWN MANAGER’S REPORT Mr. Bohne reported that a written Manager’s Report was included in the Board packet.

12. BOARD MEMBER CONCERNS Mr. Fairs reported on the following: Regional Planning staff would provide technical service to towns; an open space inventory was conducted; RPC/MPO has relocated to 30 Kimball Avenue; the acting Interim Director formed a committee to consolidate the two organizations, a consultant was hired, and a decision was expected by the end of January; the FY02 Operating budget was showing a deficit\; there was one staff position vacant currently. Mr. Silcox reported that he would attend a VTrans meeting on 12/19/02 regarding adding the Bay Road Bridge into the VTrans plan. Landscaping suggestions regarding the Noonan House driveway should be e-mailed. Budget discussions and a cost estimate are needed. School Board input was needed regarding the FY07/08 building project of $7 million, which did not include recreation fields. Mr. Dates said that an architect could do a grounds survey for the school building and fields. Mr. Bohne said that the Town was getting estimates on three options.

13. ADJOURNMENT MOTION by Mr. Silcox, seconded by Mr. Albert, to adjourn the meeting. VOTE: unanimous (5-0); motion carried. . The meeting adjourned at 10:15 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.

THESE MINUTES ARE SUBJECT TO CORRECTION BY THE SHELBURNE SELECTBOARD. CHANGES, IF ANY, WILL BE RECORDED AT THE NEXT MEETING OF THE BOARD. Approved, Kenneth Albert Chairman “To Do” List from 11/26/02 meeting:
1. Regarding the Ti Haul Road Walking Trail project and concern about erosion control measures that were not addressed adequately. Problems include elevation and culverts. Mr. Albert asked staff to provide a report at the next Selectboard meeting.
2. Mr. Bouchard asked for a copy of the VTR testing records. Mr. Craven explained that horn testing to FRA standards was required and the VTR sent testing records to the FRA. Mr. Craven will check with VTR regarding release of the testing records.
3. Mr. Miller explained that FTA regulations state when a gate comes down, bells must ring. The agreement referred to train bells, not gate bells. Mr. Miller said he would provide a written explanation to the Selectboard.
4. Mr. Miller will contact the Town Manager with potential testing dates and impacts on the train schedule. 5. Chief Warden said staff would research the extent of the VAST network in Shelburne and forward information to the Board.