Selectboard Meeting Minutes

TOWN OF SHELBURNE
SELECTBOARD MEETNG MINUTES
FEBRUARY 11, 2003

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

STAFF PRESENT: Paul Bohne, Town Manager\; Peter Frankenburg, Financial Officer; Dean Pierce, Town Planner.

OTHERS PRESENT: Tom Dunn, Bill Rockford, Radkin, Fred Hackett, Steve Hackett, Bill White, Richard Watts, Paul Craven, Chris Forde, Andrea Von Hoven, Nathan Simpson, Cara Montgomery, Kelsey Cornelius, Brian Perrott, Lowell Bailey, Tristan Leggett, Abby Burns, Benjamin Normand, Harland Miller, Nick Methut, Caitlin Loerch, Andrew Richards, Sarah Hays, Heidi Raatikainen, Nathan Trachimowicz, Andrew D’Aversa, Alison Ray, Fiona O’Donnell-Lawson, Gary Knauf, Ann Carpenter, Timothy Krebs, Partick Flynn, Ira Marvin, Greg Martin, Ryan Doherty, Jim Dudley, Sue Davis (Shelburne News), and others.

1. CALL TO ORDER Mr. Albert, Chairperson, called the meeting to order at 7:03 p.m.

2. APPROVAL OF AGENDA Item #5, Discussion of Bay Road Bridge, was added as an action item.

3. CITIZEN PARTICIPATION Radkin, resident, stated Bill Moyers on television (CBS on Friday evening) reported that Congress was considering “Patriot Act” legislation. There was concern that this legislation would impose a global “police state” including forced inoculations, such as for small pox. Additional information could be found at www.infowars.com, said Radkin.

4. VERMONT ELECTIC COMPANY (VELCO) SYSTEM UPDATE Tom Dunn, Vermont Electric Company representative, reviewed proposed VELCO transmission system updates in Vermont and the New England region that included a Northwest Vermont Reliability Project (NRP). The proposed NRP would run a new 115 kV transmission line from New Haven to Burlington. The line would be re-routed off the railroad line in Shelburne. Location of the Shelburne line would be discussed in the future, said Mr. Dunn. Mr. Faris asked if VELCO was biased toward transmission alternatives versus generation options. Mr. Dunn explained a study conducted as outlined in the VELCO presentation. If excess capacity was available, then VELCO could tap into it. Some generation units were located in New England. VELCO could either transmit where the load currently was located, or build transmission lines to buy generation in southern New England. Mr. Dates asked about the cycle time frame if a new generation plant was proposed. Mr. Dunn replied that any new generation plant would most likely be a natural gas facility and the permitting time frame would be the same as a transmission line. Mr. Dunn said that Shelburne would be a part of the VELCO filing application regarding re-routing the line. VELCO was required to produce routing maps and impacts in the filing, and would discuss proposed routing at least 45 days in advance of filing. Mr. Dunn said he would be pleased to return for a presentation. Mr. Albert suggested that all Town boards be notified regarding a routing discussion for input and comments. VELCO and the Town should come to an agreement before “the last minute”. PUBLIC INPUT A UVM student asked if the VELCO reliability study was biased, or skewed, toward transmission lines, and if an outside consultant (to conduct the study) considered. Mr. Dunn replied that the study outlined options which would go before the Public Service Board. If the study was found fair, than a permit would be issued. In response to audience questions, Mr. Dunn explained that a reliability study to solve problems had never been done before. Regarding the feasibility of building a new generation in Vermont, the problem was that Vermont gas lines did not support new generation. Gas lines were built in small increments in southern Vermont due to local opposition to the lines. There was discussion regarding the proposed routing of the new transmission lines along the railroad bed, the width and height of the lines, and the composition of the new poles, which could be wood or 4-10 steel poles. Mr. Dunn noted that currently, in certain conditions, VELCO was in violation of industry standards in Vermont.

5. BAY ROAD BRIDGE DISCUSSION Christine Forde, CCMPO Project Manager, reviewed three bridge projects in Shelburne. The Bostwick bridge upgrades were scheduled in the fall. The Bay Road bridge alternative #2 was proposed at a cost of $1.7 million, which was included in the MPO TIP and presented to VTrans. Needed state funds were not available at this time, reported Ms. Forde. Neither Alternative #1 nor #4 were recommended for the Bay Road bridge. Alternative #3, at a cost of $358,000, would improve sight distance and safety, and further improvements could be phased over time. Road improvements could be completed first with bridge improvements later. There was discussion regarding alternatives as presented in relation to line of sight improvements, state funding issues, and Alternate 3, which could potentially require a ten percent local match. Ms. Forde noted that the state Rail Division had indicated the bridge would be replaced “at some time” in the future. MOTION by Mr. Dates, seconded by Mr. Good, to approve Alternative #3 with a phased program to ultimately improve to phase 2. DISCUSSION: Mr. Rockford, Bay Road resident, expressed concern about improvement impacts to his property. Currently, his lot was a conforming use/ structure, but the proposal would create a non-conforming use/structure. Mr. Rockford requested that the Town and consultants work with homeowners. Ms. Forde pointed out that the proposal was preliminary. The impacts to the Rockford property were caused by required drainage and were not final. Mr. Silcox said the CCMPO was sensitive to issues and impacts to properties. Mr. Albert noted that notification of public meetings would be forwarded to the Bay Road residents. Ms. Forde reiterated that engineering costs were included in the FY05 TIP, but still must be added to the State’s program. State budgeting was questionable at this time. CALL THE QUESTION by Mr. Albert. Discussion ceased. VOTE: unanimous (5-0); motion carried. Ms. Forde requested a copy of the minutes or a letter from the Town for the record.

6. ARTICLES II, VI, AND VII ON THE MARCH TOWN MEETING WARNING Mr. Albert reviewed Article II, Article VI, and Article VII. Mr. Dates reviewed that the proposed FY04 Town budget would result in a $.421 tax increase. Article II was a floor ballot item that would allow the Selectboard to borrow and earn interest. A positive vote on Article VII would reduce the highway budget by $13,000. A $100,000 bond would equal a cost of $15,000 per year, however, there would be a $10,000 savings offset since the Town would not have to grade or maintenance Pond Road. Mr. Faris reviewed Article VI - Open Space (a ballot item). With reappraisal, an increase in the Grand List of 30 percent was projected. It was decided that a “flat funding” of $60,000 for the Open Space fund would be requested versus a percentage this year, said Mr. Faris. Ms. Van Hoven spoke in support of funding open space and noted that once the Selectboard adopted an Open Space Plan, it would be woven into the Town Plan. Mr. White asked for clarification regarding a proposal to purchase school land. Mr. Dates explained that the purchase would benefit the majority of taxpayers, and would negatively impact only about 100 people due to a function of Act 60.

7. APPROVAL OF PLANNING AND ZONING FEE SCHEDULE Dean Pierce, Town Planner, reviewed proposed Planning and Zoning fees as outlined in a Planning/Zoning memo, dated 02/07/03. Mr. Silcox suggested a language change to replace the word “more” to “greater”. Mr. Faris suggested changing “third party fees” to “pass through to applicant”. MOTION by Mr. Silcox, seconded by Mr. Dates, to approve the proposed Planning and Zoning Fee Schedule with revisions, dated 02/07/03, with the minor wording changes as stated on 02/11/03. VOTE: unanimous (5-0); motion carried.

8. APPROVAL OF APPLICATION FOR VILLAGE CENTER DESIGNATION Mr. Pierce reviewed a Planning/Zoning memo, dated 02/07/03, regarding a proposed Village Center Designation. Action on the item would authorize submission of an application to the State of Vermont and provide benefits to property owners within the Village District. Mr. Faris asked if the Village District was congruent with the proposed Village designation and Town Plan. Mr. Pierce said staff would research the question. In addition, the Shelburne Historic Preservation would spearhead the application. A letter was ready to be sent to the Shelburne Business and Professional Association as well. Staff would provide a map with buildings noted within the district. No changes were proposed in the district, and designation would provide some tax benefits, stated Mr. Pierce. Mr. Bohne clarified that only income producing entities were eligible for tax benefits. MOTION by Mr. Dates, seconded by Mr. Faris, to seek Village Center Designation for the geographic area identified by the Shelburne Historic Preservation and Design Review Commission. DISCUSSION: Mr. Pierce noted that a map was required in the application, however, homeowner notification was not a part of the requirements. VOTE: unanimous (5-0); motion carried.

9. CAPITAL BUDGET – FIRST READING Mr. Frankenburg, Financial Officer, presented draft three of the proposed Capital Budget, which included capital projects in FY02/03 and future projections. If the Town charged impact fees, the projects would have to be included in an approved Capital Budget. Mr. Frankenburg reviewed a budget summary by year, department and funding sources. Mr. Dates asked if defibrillators were funded by donations or partially (50%) from the General Fund. Mr. Frankenburg replied 100% non-tax sources provided the funds for the defibrillators. MOTION by Mr. Dates, seconded by Mr. Good, to approve the proposed Capital Budget, First Reading, and to set a public hearing on 02/25/03. VOTE: unanimous (5-0)\; motion carried.

10. APPROVAL OF MINUTES OF 02/04/03 MOTION by Mr. Silcox, seconded by Mr. Dates, to approve the minutes of 02/04/03 as written. VOTE: unanimous (5-0); motion carried.

11. MANAGER’S REPORT Mr. Bohne reported on the following: • The Falls Road sewer pump station was on line, and a new generator was installed. • The Webster Road/Route 7 pump station was to be tested. A sewer line on the Route 7 bridge was punctured when a new guardrail was installed. There was a question of who was responsible to fix and pay for the line. • The Sheraton Court pre-cast generator deck needed to be completed. The station should be on-line at the end of the month. • The Town should consider replacing the entire sewer line east of Route 7 (in front of the Shelburne Inn) and behind the Creamery along the railroad tracks. There was funding in the Route 7 project to add two projects into the Route 7 upgrades. Pump stations were designed to last 20 years, and there were now 16 stations computerized for monitoring at the treatment plant.

12. BOARD MEMBER CONCERNS Mr. Silcox reported that the Champlain Flyer will suspend operation 03/01/03 and a direction horn test would not be done. Concerned residents should be notified, suggested Mr. Silcox. Mr. Bohne said that staff would contact the point person for the concerned citizens Mr. Faris noted that there were still freight train whistles.

13. ADJOURNMENT MOTION by Mr. Good, seconded by Mr. Silcox, to adjourn the meeting. VOTE: unanimous (5-0); motion carried. The meeting was adjourned at 9:15 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 in the next meeting what of the Board. Approved, Kenneth Albert Chairman

TOWN OF SHELBURNE
SELECTBOARD MEETING MINUTES
FEBRUARY 25, 2003

MEMBERS PRESENT: Ken Albert, Chairperson; Steve Dates, George Faris, Steve Good. (Norm Silcox was absent.)

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

OTHERS PRESENT: Jim Dudley, Susan Dixon, Sue Davis (Shelburne News).

1. CALL TO ORDER Mr. Albert, Chairperson, called the meeting to order at 7:05 p.m. PUBLIC HEARING – PROPOSED CAPITAL BUDGET AND PROGRAM, FY2002-2003 THROUGH FY2007-2008 Mr. Frankenburg narrated an overhead presentation on the draft Capital Budget and Program for FY02/03 through FY07/08 (six year plan of capital projects). Mr. Frankenburg reviewed long term capital needs, identified large projects, and noted impact fees were in place for a new school, recreation fields, and neighborhood paths projects. The summary page included total project costs by department, by year, funding sources, and funding requirements. One change to the draft was the proposed grade (6-8) school project in FY 05/06 at $7.2 million. There was discussion of growth impacts on Town services for which impact fees would be a legitimate charge, highway coordination between the Planning Commission and Selectboard related to the Capital Budget and future development, shoulder widening for bike paths, and potential revisions during the late summer and early fall that would tie in with annual budget discussions. Mr. Frankenburg reported that a grant award would fund a Shelburne Police Department snowmobile and cruiser replacement.

2. APPROVAL OF AGENDA Agenda additions: 5a - Bostwick Bridge 5b - Regional Planning report

3. CITIZEN PARTICIPATION Sue Dixon, Shelburne Farms representative, resident, and Natural Resources Conservation Committee member, reviewed a joint Shelburne Farms and University of Vermont (UVM) “Place Program” which was a series of evening presentations for the community. The Selectboard, Planning Commission, Town Planner, and Town Manager were invited to attend.

4. BUDGET Mr. Dates reviewed the proposed FY04 Town budget for $4.7 million, a $200,000 increase (4.5%) over last year’s budget. Mr. Dates reviewed the following warned articles for the March Town Meeting: • Article VI, a request for $60,000 for Open Space funding. • Article VII, Pond Road paving at $100,000 with an offset savings in road maintenance. • Article VIII, relocation of the Route 7 water main at a cost of $575,000 funded via water bills. There was an estimated 9% increase in the water bills. • Article IX, approve the purchase of the Village Town Center from the School Dept. for $500,000 with $300,000 raised by taxes in FY04 and the remainder in FY05. Mr. Dates stated the proposed town tax rate that would increase $0.05, the school tax rate would decrease $0.08. The equalized state tax rate would not match the proposed town tax rate of $0.42.3. 5. ADOPTION OF CAPITAL BUDGET AND PROGRAM MOTION by Mr. Faris, seconded by Mr. Good, to adopt the proposed Shelburne Capital Budget and Program for FY02/03 through FY07/08 as presented, dated 02/21/03. VOTE: unanimous (4-0)\; motion carried.

5a. BOSTWICK BRIDGE Mr. Bohne reported that a hole had opened in the roadbed of the Bostwick Bridge. The state had blocked off the roadway. The concrete was failing, but the structure of the bridge was sound. Staff would meet with VTrans next week regarding a solution to opening the bridge to traffic. The bridge was to be replaced in 2004. There was discussion regarding fire and rescue calls, which would be coordinated with the Town of Charlotte, alternate routes that could include Depot Road across the Bostwick property for emergencies, and police coverage plans. School bus routes were still to be determined.

5b. REGIONAL PLANNING REPORT Mr. Faris reported on the following items: • The merger between the RPC and the CCMPO was moving forward. The proposed staff structure included an Executive Director to manage the boards. There will be further discussion of the two boards. • An Executive Director search was a topic of lengthy discussion. • Revisions to the proposed Work Plan included cut backs to projects due to financial concerns, but service to towns would continue. Storm water management was one area of cutback.

6. BUDGET STATUS REPORT Mr. Frankenburg reviewed General Fund and Sewer Fund updates (included in the Selectboard packet). There were no comments.

7. ACCEPTANCE OF MINUTES OF 02/11/03 MOTION by Mr. Dates, seconded by Mr. Faris, to approve the minutes of 02/11/03 as written. VOTE: unanimous (4-0)\; motion carried.

8. BOARD MEMBER CONCERNS Mr. Dates stated that the Town of Shelburne was very grateful for a multitude of years of Town service by Ken Albert, who had served on the Planning Commission and the Selectboard. Mr. Albert thanked the Board and the voters for their support, and encouraged volunteers to join a town committee or board. Mr. Albert asked if there were any Route 7 construction issues or concerns. Mr. Faris replied that the House Transportation Committee concerns were addressed. Construction should start this spring.

9. ADJOURNMENT The Chairperson adjourned the meeting at 8:12 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 next meeting what of the Board. Accepted, Stephen B. Dates Vice Chair