Selectboard Meeting Minutes

TOWN OF SHELBURNE
SELECTBOARD MEETING MINUTES
MARCH 11, 2003

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

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

OTHERS PRESENT: Rob Donahue, Rich Ranaldo, Roger Thompson, Bill White, Chris Cole, Sue Davis (Shelburne News).

1. CALL TO ORDER Paul Bohne, Town Manager, opened the meeting at 7:00 p.m.

2. BOARD REORGANIZATION MOTION by George Faris, seconded by Jim Dudley, to nominate and elect Steve Dates as Shelburne Selectboard Chairperson. VOTE: unanimous (4-0); motion carried. MOTION by Steve Good, seconded by the Jim Dudley, to nominate and elect Norm Silcox as Shelburne Selectboard Vice Chairperson. VOTE: unanimous (4-0)\; motion carried.

3. APPROVAL OF AGENDA There were no changes to the agenda.

4. CITIZEN PARTICIPATION There were no public comments.

5. ROUTE 7 CONSTRUCTION PROJECT UPDATE Rich Ranaldo, VTrans Special Projects Division representative, provided information on the Shelburne Road (U.S.7) project and a schedule of upcoming events. Mr. Ranaldo noted the following: • The median design would help curb scattered development at the openings in the median. • The last compensation hearing was held 02/19/03\; it was expected the last six properties in Shelburne would be covered by the end of April. • Construction of the South Burlington section would start in the spring\; Shelburne was scheduled to begin April, 2004 and would run for two construction seasons\; cost split is 95% federal/5% state, no local share expected. • The project was included in the state capital construction program and the CCMPO TIP. There was discussion of traffic disruptions during construction and traffic signals. A public relations contact will be available at all times to answer public concerns. Traffic officers and flaggers will be on-site. There are six proposed phases for moving traffic sequentially from one side of the road to the other as construction takes place. George Faris expressed concern about traffic backing up across the LaPlatte Bridge to the village during reconstruction. Rich Ranaldo explained that traffic volume north to south should decrease. Currently, there are 24,000 vehicle trips centered in the north part of the project. At the south end near the Dutch Mill area there are 19,000 traffic trips. This should not increase to a point where traffic would backup on Route 7 within the design life of 20 years. The project should recapture a regional traffic distribution. Furthermore, the MPO was currently working on a countywide signal coordination system. Curb cuts would be eliminated and the proposed jug handle designs would be in place before the median. There was further discussion of turning radiuses at the median openings which were designed to meet 90% of the turning needs, bike lane concerns at bus stops (bicyclists would have to obey traffic rules, stop at red lights and/or pass buses that had pulled into the bus pull-off), speed limits posted at 40 mph, sidewalk snow removal by the towns, a three phase signal system that included a separate phase for left turns/u-turns, utility poles consolidated on the east side of the highway to Juniper Ridge, then being located on the west side of the road, water trunk lines on the east side being six feet from the edge of the right-of-way, and fire hydrants mainly on the east side of the road. The ledges north of the LaPlatte River would be clipped and the jug handle would not have any access road cuts. Emergency vehicles would have a signal pre-emption for pass-through at intersections. Outside curbs would have seven inches of concrete and the median would have sloped granite curbs. There are no remaining right-of-way issues. The Act 250 permit has been extended as well as the stormwater permit (permit is under appeal, but this will not stay or negate the permit). Rich Ranaldo stated the Water Resources Board did not have the authority to \'stay\' the project. The environmental assessment was complete, and has been re-evaluated and approved by the Federal Highway Department. The courts upheld the determination of right-of-way that includes nine to 19 feet on the west side of the road. Landscaping, tree size/locations, bike lane width (would not encourage side-by-side riding), signage, and pavement markings designating bike lanes and direction of travel were also discussed.

6. CCTA AREA OF OPERATIONS Chris Cole, CCTA General Manager, explained the CCTA charter and area of operation (restricted to Chittenden County). The CCTA Board of Directors is discussing with IBM the possibility of bus service from Franklin County to IBM. Also being discussed is a Waterbury/Ben & Jerry\'s/Barre area commuter service to Chittenden County. CCTA is exploring inter-regional routes and would apply for federal grants for funding. Representative Myers from Colchester was introducing a bill to the Legislature regarding the proposed expanded service. Section 3 of the proposed legislation outlined procedures for towns in adjoining counties to join the CCTA, however, it was not anticipated towns would join while funding remained tied to the property tax. The proposed charter change would not require a member town vote so there would be no action required by the Shelburne Selectboard. A resolution to support the charter change was requested. Bill White asked if member towns would be assessed if the new commuter service was not economically viable. Chris Cole replied if that happened, CCTA would drop the service. MOTION by George Faris, seconded by Steve Good, to support the proposed CCTA expansion area of operation. VOTE: unanimous (4-0); motion carried.

7. APPEAL TO VERMONT TAX DEPARTMENT'S PROPERTY VALUATION AND REVIEW (PVR) Paul Bohne explained the Board had agreed to appeal the statewide CLA and Coefficient of Distribution to the Property Valuation and Review (PVR). This would keep the right of appeal open. Town staff had reviewed the process and disagreed with the State’s CLA calculations. It was determined the CLA for the commercial class of property was based largely on residential sales. Staff estimated this could result in the Town being overcharged for the Statewide School Property Tax by $80,000 to $90,000. Staff recommended appealing the state CLA determination. Mr. Bohne noted that the Vermont Coalition of Municipalities lawsuit had five issues on appeal, but there is question as to how the Coalition’s appeal would affect Shelburne’s’ appeal. There was discussion of the categories utilized for the state CLA determination, a three year residential CLA rolling average which was used by the state to determine commercial rates, Route 7 concerns and the economy impact on commercial property sales, right-of-way acquisitions, and countywide residential changes which were not seen in commercial real estate. Mr. Bohne said staff recommended an alternative to determine a commercial CLA based on trends in Shelburne over the last four years. These were the kinds of issues in the Killington case, dated 3/16/03, appealed at the Supreme Court level. Mr. Bohne said the first step in the appeal was inexpensive, but it could cost $10,000 to prepare a Supreme Court case. Shelburne may be precluded from the Coalition case, which has five class-action issues versus one issue for Shelburne. Mr. Faris explained that if Shelburne goes with the Coalition, then the town must be in alignment with the five issues. The Town would also share in the cost. Mr. Dates expressed concern about the cost beyond the first step. Mr. Bohne said staff was examining the issues, would do an analysis, and report to the Board. Mr. Faris suggested examining the pleadings that have been filed. Mr. Bohne said the Town could go before the PVR in a month, but must make a decision on this matter and on going before the Superior Court at some point. MOTION by George Faris, seconded by Jim Dudley, to authorize the Town Manager to pursue an appeal to the PVR, and to authorize use of legal counsel. VOTE: unanimous (4-0); motion carried.

8. BOSTWICK ROAD BRIDGE RIGHT-OF-WAY AGREEMENT Paul Bohne explained the proposed Bostwick Bridge project right-of-way acquisition agreement, which included fair market value (FMV) property transfer negotiations with property owners, notification if the Town used private counsel, records maintenance requirements, and project payments and billing. Action was requested by the Selectboard to authorize the Town Manager to sign the agreement with the State of Vermont. MOTION by Steve Good, seconded by George Faris, to authorize the Town Manager to sign the proposed right-of-way acquisition agreement for the Bostwick Bridge construction project with the State of Vermont. VOTE: unanimous (4-0); motion carried. There was discussion of Bostwick Bridge repair options that included a temporary bridge over a portion of the existing bridge, repairs to the bridge railing, a signal light to control one-lane traffic, a 3-ton capacity limitation, and letters of notification sent to residents. Information will be published in the Shelburne News as well.

9. SCHEDULE OF MEMBERS TO APPROVE ORDERS Mr. Bohne explained the schedule to approve orders, dated 03/07/03. MOTION by George Faris, seconded by Steve Good, to approve the proposed schedule of Selectboard members to approve orders as presented and dated 03/07/03. VOTE: unanimous (4-0); motion carried.

10. APPROVAL OF MINUTES OF FEBRUARY 25, 2003 MOTION by George Faris, seconded by Steve Good, to approve the minutes of 2/25/03 as written. VOTE: unanimous (4-0); motion carried.

11. TOWN MANAGER\'S REPORT Mr. Bohne thanked the voters for their support at the polls at the March Town Meeting, and reviewed the following: • BCA Conference was scheduled in Williston. • Notice was received regarding April 2003 Town Officers conferences; schedule posted at Town Hall. • Board signatures were needed for a Certificate of Appeal. There were no appeals this year. • A Selectboard Retreat was scheduled for Wednesday 03/26/03, 8:30 a.m. to 11:30 a.m. at the Town offices. Agenda items should be e-mailed to the Town Manager. • Thank you letters were received from Jim Fitzgerald, General Manager of the VTA which managed the Champlain Flyer, Tom Dunn, VELCO representative, and from organizations that received Town donations. Mr. Bohne mentioned vacancies and reappointments on Town boards and commissions. The Selectboard will interview candidates at the next meeting.

12. BOARD MEMBER CONCERNS Concern was expressed for the Champlain Water District rate increase (13 cents). 13. ADJOURNMENT MOTION by George Faris, seconded by Steve Good, to adjourn the meeting. VOTE: unanimous (4-0); motion carried. The meeting was adjourned 9:10 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.

These minutes are subject to change by the Shelburne Selectboard. Changes, if any, will be recorded in the minutes of the next meeting of the Board.

TOWN OF SHELBURNE
SELECTBOARD MEETING MINUTES
MARCH 25, 2003

MEMBERS PRESENT: Steve Dates, Chairperson; Steve Good, George Faris, Jim Dudley, Norm Silcox.

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

OTHERS PRESENT: Bill Hoadley, James Warden (Shelburne Police Chief), Bruce Beuerlein (Shelburne Dispatch Officer), Maria Beuerlein, Radkin, Dean Pierce (Shelburne Town Planner), Dick Reid, Sue Davis (Shelburne News).

1. EXECUTIVE SESSION and CALL TO ORDER (regular meeting) The Board met in Executive Session from 6 p.m. to 7 p.m. Steve Dates, Chairperson, called the regular meeting to order at 7:09 p.m.

2. APPROVAL OF AGENDA There were no changes to the agenda.

3. CITIZEN PARTICIPATION Radkin, resident, expressed concern about the U.S. invasion of Iraq and the “Code Orange” status, and asked the protocol the Town would implement if a “Code Red” were called. The Board agreed further discussion at a future meeting was needed regarding emergency preparedness. Shelburne Police Chief Warden read a letter from the Vermont State Police commending Dispatch Officer Beuerlein for “professionalism and performance” during a 3/13/03 E-911 situation. Chief Warden presented an award to Officer Beuerlein on behalf of the Shelburne Police Department and the Town of Shelburne.

4. STORM WATER – Update and Discussion of Financing Costs Shelburne Planner, Dean Pierce, reviewed areas in Shelburne impacted by stormwater runoff. The Clean Water Act definitions and six areas of responsibility were also reviewed. An RFP was issued to identify problem areas and solutions. Eight responses were received, narrowed to one. The work budget totals $15,600. A notice of intent to address the six areas of responsibility has been submitted. Storm water responsibility should be added to the list. Financing options, next steps, and key dates in the time line were noted. Mr. Bohne pointed out that the proposed Town Garage was an issue. Staff would survey the site and begin planning for use of the land for next year’s budget session. Also included in the plan would be run-off containment. Status reports would be presented as the project proceeds. The Town would take over any private storm water systems located within a street, such as sidewalks. Retention ponds were usually outside the storm water responsibilities. Dealing with individual developers on the control of the storm water system(s) to make sure the system works from beginning to end is a topic for future discussion. Payment could be through developer fees (annual inspections, maintenance and homeowners association fees). The Juniper/Hullcrest developments have been put out to bid to implement a storm water plan. Funding options could include a General Fund obligation, creating an assessing district or storm water utility. Costs would be explored, but costs were unknown at this time. A final plan regarding the Boulder Hill development was submitted and the Town was working with Bart Frisbee, who will submit the documents. Board direction was needed regarding how to proceed. There was discussion of how to determine storm water responsibility for up stream pollution from streams that start elsewhere, but pass through to Shelburne Bay, exploration of a storm water utility by South Burlington which might become a regional utility at some point, a special assessment district, defining goals and how to measure those goals, which could include a maximum daily load study or potential testing. There was further discussion regarding control of sentiment, erosion, paints/pesticides, and road salts, which could require a policy to control, reducing maximum daily loans, next steps that include housekeeping issues and looking at individual properties in the future, collaborating with other towns to explore different approaches, addressing the educational piece to understand what a storm water system is, “best practices” and exploring a regional effort to work with other communities, which could be done before and after a survey. Mr. Bohne said that staff recommended the Selectboard contract with Trudell Consulting Engineers for a storm water study. Mr. Pierce explained that the consultants would identify problems and solutions. One-third of the $15,600 budget would be spent before 07/01/03, then $10,000 over the next fiscal year. MOTION by Mr. Faris, seconded by Mr. Good, to authorize the Town Manager to execute the proposed Storm Water Study with Trudell Consulting Engineers. VOTE: unanimous (5-0); motion carried.

5. ACQUISITION AND DEVELOPMENT OF ATHLETIC FIELDS MOTION by Mr. Faris, seconded by Steve Good, to authorize the Town Manager to pursue negotiations and execute a contract with the Shelburne Museum to purchase 15 acres at a purchase price not to exceed $75,000. DISCUSSION: Mr. Silcox asked if a recreation plan was included. Mr. Bohne replied that a plan was available, but was not included in the proposal. Mr. Silcox asked where the $75,000 was coming from. Mr. Bohne replied there was no specific funding approach, but if the project moved forward, funding would have to be decided. Mr. Silcox requested more information regarding costs and development as well as terms/conditions. Mr. Bohne explained that if there was a purchase and sale by 05/01/03, there would be time to put contingencies in place. Funding options included private fund raising, Opens Space fund money, and possible grant money. Mr. Bohne explained vote procedures, Act 250 and permit processes. If permits were not granted, then the project would not move forward. There was discussion of funding sources that included $60,000 from the Open Space Fund (money is in the FY02/03 budget), remaining funds in the Ti Haul project escrow account, and a suggestion for a status report on funding sources at the April 8th meeting. FRIENDLY AMENDMENT by George Faris to change the motion to authorize the Town Manager to negotiate a letter of intent for the sale of 15 acres to the Town by 04/08/03, outlining terms and conditions for the purchase of the Shelburne Museum property. DISCUSSION ON MOTION AS AMENDED: Mr. Silcox asked if the letter would specify that the deal would not go through if permits could not be acquired. Bill Hoadley asked for clarification of the location, flood plain, wetlands, and slope, which were indicated at 28’ difference in elevation for the playing fields. The Town could ask the Natural Resources Committee for advice regarding storm water issues at a large construction site and how to protect streams during and after construction, suggested Mr. Hoadley. Mr. Bohne replied the Town would utilize “best practices” in construction and storm water management to protect the brook. Mr. Faris said the Open Space Committee adopted a Regional Open Space definition, which includes playing fields. Mr. Silcox pointed out the project would not proceed without Act 250 permits or addressing environmental concerns. Mr. Dudley asked if the Town would pursue donations. Mr. Reid suggested including a map to show access to the site. Mr. Bohne explained that access was through town land from School Street. Both the school and the town would use the recreation fields. The planning process would address Town concerns. Mr. Reid suggested that funds should be invested in the development of Longmeadow for the school. VOTE ON MOTION AS AMENDED: unanimous (5-0); motion carried.

6. TEMPORARY SIGN ORDINANCE – First Reading Mr. Bohne reviewed that the proposed Temporary Sign Ordinance replaces the current temporary sign process for events, temporary sales, and such. There would be no charge for a temporary sign permit. There is a time limit to display signs. One-day sales were not covered. The ordinance outlines fines and enforcement. Mr. Bohne noted that the Zoning Administrator could issue a ticket for violations on the spot, but the ordinance would also allow for verbal warnings. MOTION by Mr. Faris, seconded by Mr. Good, to warn a Public Hearing on 4/8/03 for the proposed Temporary Sign Ordinance. VOTE: unanimous (5-0); motion carried.

7.WAKE ROBIN SEWER ALLOCATION Mr. Bohne reviewed a request from Wake Robin for non-residential sewer allocation. Staff recommended that the Board approve the request. The applicant has received Sketch Plan approval for 35 individual living units. The applicant still has allocation remaining for the 1992 residential application. MOTION by Mr. Faris, seconded by Mr. Dudley, to approve the request for non-residential sewer allocation by Wake Robin, dated 03/18/03. VOTE: unanimous (5-0); motion carried.

8. APPOINTMENTS MOTION by Mr. Faris, seconded by Mr. Good, to appoint Steve Stitzel as Town Attorney and Agent. VOTE: unanimous (5-0); motion carried. MOTION By Mr. Good, seconded by Mr. Faris, to approve a draft Emergency Plan, appoint the Town Manager as Emergency Director, and appoint the Shelburne Fire Chief as the Emergency Coordinator. VOTE: unanimous (5-0); motion carried. MOTION by Mr. Faris, seconded by Mr. Good, to appoint the Town Manager as Grand Juror. VOTE: unanimous (5-0); motion carried. MOTION by Mr. Faris, seconded by Mr. Good, to appoint Spencer Potter as Shelburne Town Assessor. VOTE: unanimous (5-0); motion carried. MOTION by Mr. Faris, seconded by Mr. Good, to appoint Jonathan Gransereit as Fence Viewer. VOTE: unanimous (5-0); motion carried. MOTION by Mr. Faris, seconded by Mr. Dudley, to appoint Dan Couture as Harbor Master. VOTE: unanimous (5-0); motion carried. MOTION by Mr. Faris, seconded by Mr. Good to appoint Paul W. Bohne, III as Tree Warden. VOTE: unanimous (5-0); motion carried.

9. LIQUOR LICENSES Mr. Bohne noted that the Town Clerk and the Shelburne Police Chief reviewed the Liquor Licenses as presented. The Selectboard signed the documents.

10. APPEAL FOR RELIEF OF PENALTY AND INTEREST FOR DELINQUENT PROPERTY TAX Mr. Bohne explained that the Merrill estate was in a probate situation. MOTION by Mr. Faris, seconded by Mr. Good, to waive penalty and interest as presented. DISCUSSION: Mr. Dates pointed out that State statutes do not allow waiver of interest. FRIENDLY AMENDMENT by Mr. Faris, to waive penalty. VOTE: unanimous (4-0) [Mr. Silcox not present for vote.]; motion carried.

11. MINUTES MOTION by Mr. Good, seconded by Mr. Dudley, to approve the minutes of 03/11/03 as written. VOTE: unanimous (4-0) [Mr. Silcox not present for vote.]; motion carried.

12. TOWN MANAGER’S REPORT Mr. Bohne reported the proposed VELCO plan to improve transmission system was complete and posted in the Town Center. A Board of Civil Authority workshop was scheduled for 04/23/03 (those interested in attending should contact the Town Clerk or Town Manager). The Board received a copy of the quarterly CCTA report.

13. BOARD MEMBER CONCERNS Mr. Faris reported a Regional Planning Task Force was formed to address the housing shortfall, and a letter was sent to each Selectboard member requesting a Shelburne representative be appointed to the Affordable Housing Task Force. Greg Brown is the new Regional Planning Commission Executive Director.

14. ADJOURNMENT MOTION by Mr. Faris, seconded by Mr. Good, to adjourn the meeting. VOTE: unanimous (4-0) [Mr. Silcox not present for vote.]; motion carried. The meeting was adjourned 9:20 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.

These minutes are subject to change by the Shelburne Selectboard. Changes, if any, will be recorded in the minutes of the next meeting of the Board.