Selectboard Meeting Minutes

TOWN OF SHELBURNE
SELECTBOARD MEETING MINUTES
APRIL 8, 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: Edward Pomicter, D. L. Pruitt, Kim Benish, Alice Brown, John Maitland, Andrew McClellan, Kit Antinozzi, Mike Cafaretti, Debby Cafaretti, Chris Johnson, Peter Gibbs, Matt Ottinger, David Stroupe, David Hillman, Phillip Boyle, Sharon Robinson, Patty Pauza, Peter Armbruster, Jeff Parker, Jack Harrington, Eric Jones, Carol Casey, Nancy Pruitt, Bill Hopkins, Jeff Nick, John Ondovchik, Michael Serrano, Gwen Webster, Bob Owens, Kris Engstrom, Marilene Luxton-Jones, Andrea VanHoven, Katherine Thompson, Alfred Thompson, Donald Hay, Sondra Sammut, Jerry Barton, Richard Branda, Patricia Branda, Sharon Robinson, Chris Wright, Cherie Schradn, Gene Clout, Lynn Pruitt, Eric Hayes, Errol Beach, Scott Prom, Bruce Beeken, Mariah Benoit, Ernest Sandoval, Kirsten Ivie, Joe Hudock, Victoria Hudock, Tom Clavelle, Peggy Coutu, Chet Thabault, Jan Thabault, Dawn Hameline, Joe Hameline, Bill Hoadley, Dick Reid, Richard Dortman, Jack Milbank, Toby Richman, Kevin McCarthy, Jim Brangan, Hope Aswang, Matt Richer, Robert Furrer, William Wright, Bob Goulette, Kathy Leahy-Goulette, Jan Fink, Helen Tyndall, Mary Leonard, Jan Gannon, Adam Silverman (Burlington Free Press), Sue Davis (Shelburne News), and others.

1. CALL TO ORDER Steve Dates, Chairperson, called the meeting to order at 6:00 p.m.

2. EXECUTIVE SESSION The Board entered Executive Session at 6:01 p.m. to discuss personnel matters.

3. RECONVENE REGULAR MEETING Executive Session was adjourned and the regular meeting was reconvened at 7:28 p.m.

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

5. CITIZEN PARTICIPATION Andrea VanHoven, Shelburne Natural Resources Committee Chairperson, invited the Selectboard and assemblage to attend an Open Space Planning public meeting, Monday, 04/14/03, 7-9:00 p.m.

6. PUBLIC HEARING – Proposed Temporary Sign Ordinance Mr. Dates reviewed the first reading of a proposed Temporary Sign Ordinance conducted at the 03/27/03 Selectboard meeting. Mr. Bohne explained that the proposal would move the current Temporary Sign Ordinance from the Zoning Bylaws and place it in the Judiciary Bureau, which would allow the Town to issue and enforce tickets for sign violations. The proposal was not applicable to garage sale signs. MOTION by Mr. Silcox, seconded by Mr. Good, to adopt the proposed Temporary Sign Ordinance, Second Reading, as presented. VOTE: unanimous (5-0); motion carried.

7. DISCUSSION WITH HISTORIC SITES COMMITTEE The Historic Sites Committee Chairperson reviewed the mission statement of the committee to recognize, find, and establish historic sites in Shelburne. The Committee proposed to create and fund a National Historic District plaque to commemorate the 1992 Shelburne Village Historic District designation as well as a Village Center building plaque. The Board would discuss the proposal at the next Selectboard meeting.

8. REVIEW OF LETTER OF INTENT TO PURCHASE 15 ACRES FROM THE SHELBURNE MUSUEM Mr. Dates reviewed the procedure for hearing testimony from representatives from the Recreation Department, Shelburne Museum, the Selectboard, and a neighborhood spokesperson. The Board had received many phone calls and there were misunderstandings regarding the proposal. A brief history regarding the use of and need for recreational fields was given. Kim Benish, Recreation Director, explained the need for new recreation fields based on a national population study. There was $24,000 available in Recreation Impact Fees, which will be divided 50/50 between bike/pedestrian path and playing field projects. There was lengthy discussion regarding current recreation programs, field use, scheduling conflicts, the need to plan for field rotation and maintenance, and a long range capital facility plan. Mr. Bohne noted that the Blodgett baseball field was being used, but was not a permanent solution. In response to a resident’s question, Ms. Benish explained that the role of the Town to do field maintenance on an “as needed” basis, however there was no formal maintenance plan. Tom Clavelle, School Board representative, said the school had no field maintenance program. Most funding came from outside sources, such as the Soccer Club. Hope Alswang and Robert Furrer, Shelburne Museum representatives, explained that the Museum Board of Directors was pleased to participate in the community as a “good neighbor”. For example, the Museum gave the Town the Village Center parking lot. A 50-acre green space west of the railroad tracks was an important buffer for the Museum, however, a five to ten year lease was offered on a five-acre parcel. There have been on-going discussions regarding the offer and now a 15-acre parcel was offered for the benefit of the Town’s children. The Museum has spent time and money to balance the Town’s needs with the Museum’s needs. The 15-acre offer came with a May 1 deadline proviso, which would help limit costs incurred by the Museum and bring closure to the discussion. There was lengthy discussion regarding the proposed location of the 15 acres, which would allow the Museum to maintain a buffer and avoid wetlands and a grade drop, an agreement that proposed only a low building, no night games or lighting, and a non-permeable surface parking lot, minimal tree removal, rail crossing access, which the rail road would not permit due to safety issues, and how the 15 acre price of $75,000 was determined. Ms. Alswang said that the Museum was willing to work with the Selectboard on the proposed May 1 deadline to allow for public input. If the Town was not interested in the parcel, the 15 acres would not be for sale. The parcel was a private lot with an historical right-of-way, which has not been exercised. The Museum has concerns regarding security and vandalism. John Maitland, neighborhood spokesman, noted that a petition with 172 signatures requested delaying Selectboard action and having further public participation. Concerns included resident involvement in the process, consideration of alternate sites, such as the Blodgett field, Longmeadow, Forest Park, or at the Teddy Bear Company, a smaller scale project, and a suggestion to rearrange the tennis court fields to include a playing field. Davis Park resident concerns were traffic, safety, noise, lights, and security. Mr. Maitland suggested resurrecting the defunct Fields Committee. Mr. Clavelle would furnish the list of names from the Fields Committee and as much of the information the committee gathered as possible. Mr. Bohne said that Town staff would assist with gathering the committee information. A Special Selectboard Meeting was tentatively scheduled for Tuesday, 05/29/03 at 7:00 p.m.

9. SUPPLEMENTARY ENVIRONMENTAL PROJECT – USE OF FINE MONEY FOR WASTEWATER PERMIT VIOLATION Mr. Bohne reviewed a fine of $13,500 assessed for violations of the Town’s Wastewater Permits, which could be applied to a Supplementary Environmental Project versus paying the fine to the State. Five environmental project proposals were forwarded as listed in Town Manager memo, dated 04/04/03. There was discussion of Option #1, a clean-off station at the Shelburne Bay Boat access (a similar station was built at a cost of $20,000 in Newport), delaying a decision until next summer, adding the clean-off station to some subset of the Fish and Wildlife Shelburne Bay boat access project to complete funding, or using the Town budget surplus to augment the $13,500. Mr. Bohne pointed out that the proposed clean-off station was a new design element and would have to go through a review process. Staff would contact the Fish and Wildlife Department. Andrea VanHoven suggested using the money from the fines to explore other projects, such as a LaPlatte River water quality study. Ms. VanHoven asked how the five proposed options were chosen. MOTION by Mr. Faris, seconded by Mr. Dudley, that the Town Manager approach John Guilmette, Fish and Wildlife Department, to determine if the Department would amend and add the clean-off station to the Shelburne Bay fishing access project and pay the balance of the addition above the $13,500, and if not, then the Town would apply the $13,500 as follows: Option #4 for $2,000, and a portion of Option #5 up to $11,500. VOTE: unanimous (5-0)\; motion carried.

10. APPOINTMENTS TO BOARDS AND COMMISSIONS MOTION by Mr. Faris, seconded by Mr. Silcox, to nominate and appoint Kay Kraushaar and Fred Schmidt to the Planning Commission, Boris Funtow to the Zoning Board of Adjustment, David Stroupe to the Recreation Committee, Ron Bouchard to the Water Commission, Robert Dilts to the Pierson Library Board, Steve Gregory and Bob Wooster to the Cemetery Commission, Oda Hubbard, Dorothea Penar and Pam Daly to the Historic Preservation and Review Committee, Ellen Janson and Carol Casey to the Historic Sites Committee, Dave Davis to the CCTA, Paul Bohne as the Town Service Officer. VOTE: unanimous (5-0)\; motion carried.

11. BUDGET STATUS Mr. Frankenburg summarized the Town General Fund budget, noting the Sewer and Water budgets would be presented at the next Selectboard meeting. The Wastewater fine would be paid from the Sewer budget versus the General fund.

12. APPROVAL OF THE MINUTES OF 03/25/03 Approval of the 03/25/03 minutes was tabled.

13. MANAGER’S REPORT -Mr. Bohne reported that the Town had received a gift of a two-foot easement for the creation of a pathway from Thompson Road to Irish Hill/Spear Street, plus a 10-foot construction easement. The Natural Resources and Paths Committees have reviewed the gift. A letter of appreciation will be sent to Ms. Hubbard. MOTION by Mr. Good, seconded by Mr. Silcox, to accept the Oda Hubbard gift as presented. VOTE: unanimous (5-0); motion carried. -The Selectboard signed a Liquor License application from Shelburne Farms. -Legislative representatives would attend a 04/14/03 meeting in the Activities Room, Village Center building.

14. BOARD MEMBER CONCERNS Mr. Silcox asked for an update on the Emergency Plan. Mr. Bohne reported that staff had contacted the Shelburne Police Chief, and a draft plan would be updated for early May consideration. Recommendations for emergency and Patriot Act impacts to Shelburne will be included. Mr. Silcox asked for clarification on a State update regarding sewer calculations of 210 gdp for a single family home and possible impacts on the treatment plants. Mr. Bohne said that recommendations would be forwarded at the next Selectboard meeting. The Treatment Plant life would not change. Mr. Dates noted the Town Manager and Town Planner would collaborate regarding potential playing field options and information on a Fields Committee. Mr. Bohne cautioned that a schedule should be set with the Shelburne Museum. Mr. Faris said a committee charge could include a deadline. Mr. Dudley noted a BCA training workshop was scheduled on 04/23/03. Mr. Silcox said that the VLCT could conduct BCA training. Mr. Silcox would get further information. The Town Attorney could also do training.

15. ADJOURNMENT MOTION by Mr. Good, seconded by Mr. Dudley, to adjourn the meeting. VOTE: unanimous (5-0), motion carried. The meeting was adjourned 10:15 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
April 22, 2003

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

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

OTHERS PRESENT: Frank Thornton, Jim Brangen, Kathy Farrow, Edward Pomicter, John Maitland, Cedric Farrow, Steve Antinozzi, Joanna Wright, William Wright, Judy Bond (Lake Champlain Commission), Julie Bandur, Errol Beach, Bob Goulette, Ann Dinse, Sue Davis (Shelburne News), and others.

EXECUTIVE SESSION The Board entered Executive Session at 6:15 p.m. to discuss personnel and contract matters. Executive Session was adjourned at 7:03 p.m.

1. CALL TO ORDER Steve Dates, Chairperson, called the regular meeting to order at 7:05 p.m.

2. APPROVAL OF AGENDA Item 12.a - Wash Station Update was added to the agenda.

3. CITIZEN PARTICIPATION Frank Thornton, resident, expressed concern regarding advertised summer concerts scheduled at the Shelburne Museum. Museum neighbors were concerned about noise and traffic and were not in favor of the concerts. Mr. Thornton requested Board action regarding the matter. Mr. Thornton submitted a letter outlining concerns. Mr. Dates said the Board would look into the matter and get back to Mr. Thornton.

4. USE OF BAY PARK AS A STOP ON THE “PADDLERS’”TRAIL Mr. Bohne noted that a request to establish a “Paddlers Trail” site along Bay Park was included in the Board packet. Jim Brangen, site sponsor, was introduced. Mr. Brangen, resident and Lake Champlain Commission (LCC) representative, explained Paddlers Trail as a day recreational use site for sailboats, canoes and kayaks. The Shelburne Recreation Committee endorsed the proposal. No improvements or overnight stays were planned. There was discussion regarding LCC goals for a day site every 8-10 miles along the lakeshore. Site stewards would maintain the sites and act as a liaison between the site and the LCC. Selectboard concerns include potential health issues (the nearest toilet facility is at the Shelburne Bay fishing access which was a 20 minute hike from the proposed site), liability issues, and any Town regulations that prohibited the proposed site. Mr. Bohne said that Bay Park was a 100-acre park and there were no known regulations to prohibit day use. There would not be any impact on the Town insurance coverage. Also, an active Explorer Scout Troop monitored the park trail daily and reported problems to the Town. Mr. Dudley suggested that neighbors near the proposed site be contacted for input. Mr. Brangen said that as the designated site steward, he would record the impact of paddlers and would maintain the site. If there were any problems, then the site could be pulled from the program next year. MOTION by Mr. Dudley, seconded by Mr. Good, to grant use of the Bay Park as a stop on the Paddlers Trail for the year 2003. VOTE: unanimous (4-0)\; motion carried.

5. APPROVAL OF SIGN PROPOSAL FROM THE HISTORIC SITES COMMITTEE MOTION by Mr. Silcox, seconded by Mr. Dudley, to approve a proposed Historic Sites sign along Route 7 as presented by the Shelburne Historic Sites Committee, dated 04/08/03. VOTE: unanimous (4-0); motion carried.

6. APPOINTMENT MOTION by Mr. Silcox, seconded by Mr. Good, to appoint Tom Bessette as Health Officer and Paul Bohne as Assistant Health Inspector. VOTE: unanimous (4-0)\; motion carried.

7. RECREATION FIELDS TIMELINE Mr. Dates reviewed the preliminary recreation field timeline as outlined in a memo, dated 04/22/03. A final decision would be rendered in January. John Maitland, resident and neighborhood representative, reviewed neighborhood concerns regarding the recreation field sites. Neighbors have forwarded alternate sites. The June decision timeframe might be extended. Two sites have restrictions and could involve discussion with the Vermont Land Trust. The Town could approach large landowners for the purchase of 15 acres. The landowner could retain the development rights. Also, professional assistance might be needed. The Town could start the permitting process on several sites. Mr. Dates pointed out that it costs $15,000-$25,000 to start the permitting process. It would add to the field cost to permit multiple sites. Mr. Pomicter, resident, spoke in favor of paralleling new school space with a recreation expansion since school children would use the field, not adults. Mr. Dates said the only debatable issue was “when” the school would need to expand. Statistics show there are fewer children per household currently. Mr. Pomicter asked if the permitting process could permit for school expansion and a new field now, but delay building for 10 years. Mr. Bohne explained that before a project could apply for local, sewer, and state permits, a project must have design review approval\; there are associated costs.

8. REQUEST FOR WAIVER OF PENALTY FOR DELINQUENT PROPERTY TAXES Mr. Bohne noted that the taxpayer had paid the penalty and interest. All the information had been forwarded on to the Board regarding the request. MOTION by Mr. Good, seconded by Mr. Dudley, to waive penalty of $127.87 for William S. Hodgkins. DISCUSSION: Mr. Silcox pointed out that everyone should know that property taxes were due August, November and March. CALL THE QUESTION by Mr. Good. Discussion ceased. VOTE: 0 ayes, 4 nays\; motion did not carry.

9. APPROVAL TO EXECUTE BOND ANTICIPATION NOTE Mr. Bohne explained the bond anticipation note related to re-locating the Town water line due to the Route 7 project. Mr. Silcox asked if the bid covered the project from the Shelburne Town line to the La Platte River. Mr. Bohne replied the entire project is covered. Mr. Bohne explained that the Town would not use the entire $1.5 million and that $125,000 may be held back. Mr. Frankenburg said bond interest was about 4.3 % over 20 years. MOTION by Mr. Silcox, seconded by Mr. Good, to approve execution of a Bond Anticipation Note with the Chittenden Bank, at 1.75 percent interest, to mature August 2003, for the financing of the Route 7 water main work in the amount of $960,000. VOTE: unanimous (4-0); motion carried. The Board signed the Bond Anticipation Note.

10. APPROVAL OF REFUNDING OF 1992 VERMONT MUNICIPAL BOND BANK NOTE FIRE DISTRICT #1 MOTION by Mr. Silcox, seconded by Mr. Dudley to approve the refunding of the 1992 Vermont Municipal Bond Bank Note, Fire District #1. VOTE: unanimous (4-0); motion carried. The Board signed the document(s).

11. REVIEW AND UPDATE SELECTBOARD RETREAT ACTION PLAN Mr. Dates reviewed the Retreat Action Plan, dated 03/26/03. The objective was to have Selectboard members more involved with Town boards/committees. Mr. Bohne said it was appropriate to set May or June to meet with board/committee chairpersons. A regional collaboration was explored, such as working with the Charlotte Fire Department, or dispatch. Each department would forward recommendations. It was suggested that a Selectboard member meet with regional services late summer and police dispatch in early summer. The Town Manager and Shelburne Police Chief would meet two times in May regarding emergency response actions.

12. LIQUOR LICENSES The Board signed liquor license applications.

12a. SUPPLEMENT ENVIRONMENTAL FUND EXPENDITURE – Wash Station project update Mr. Bohne reviewed the proposed wash station installation at the Shelburne Bay Boat access area. The Town requested that the Fish and Wildlife Department include a boat wash station in the fishing access project. The State was receptive. The cost estimate was $20,000 in total ($13,500 would cover a portion of the project). The funds may not be able to go directly to a State agency and a time extension might be necessary. The project would include a small building, water storage and boiler for hot water (140 degrees), a filtering system and catch basin, and drains/filter system for lake return. Mr. Dudley expressed concern that most boaters would not properly use the station other than to spray off weeds. It might be necessary to require boaters to flush engines. There was discussion regarding flushing hot water through boat cooling systems, the process necessary for cleaning boats of zebra mussels and milfoil both of which were in Shelburne Bay, improving water quality statewide, voluntary use by boaters, adding the hot water component at a later time, and who was responsible for operating costs. Mr. Bohne noted the Town would pick up the extra costs. If the boiler and hot water system were removed from the project, the cost would be close to the $13,500. Staff would pursue discussions with the ANR and report to the Board. Mr. Pomicter noted that 140-degree water was a safety concern at a public site. High pressure spray was another potential liability. Mr. Dudley suggested checking with Newport on the operation of the station. In response to a question, Mr. Bohne explained that the amount of storm water runoff was not much different between paved or gravel parking lots. Ground water would flow into a retention buffer area southwest of the proposed fishing access area.

13. APPROVAL OF MINUTES MARCH 25, 2003 MOTION by Mr. Good, seconded by Mr. Silcox, to approve the minutes of 03/25/03 as written. VOTE: unanimous (4-0); motion carried. APRIL 8, 2003 MOTION by Mr. Good, seconded by Mr. Dudley, to approve the minutes of 04/08/03 as written. VOTE: unanimous (4-0); motion carried.

14. MANAGER’S REPORT Mr. Bohne reported on the following: • The Town was successful in the Affordable Housing application that included renovation of the Noonan House. Vermont Housing would draft a lease agreement. All Town concerns should be included in the draft. • Property tax reassessments were complete and a new assessed value booklet was at the printer. A projected 60% increase in the Grand List will change due to errors and appeals to the Board of Civil Authority. Changes to Act 60 could also impact the Grand List. • The Ti Haul Trail was now complete.

15. BOARD MEMBER CONCERNS Mr. Silcox reported that an Emergency Response presentation was scheduled for 05/27/03. In response to a Board member request, an update on wastewater allocation by plant would be added to the 05/13/03 Selectboard meeting agenda. Ms. Silcox pointed out language errors in the draft Town Charter and asked that the Board read and review the charter for any necessary changes. The charter was last amended in 1981. Inconsistencies, such as the collection of taxes, were an issue. Mr. Bohne explained that any substantive changes required a lengthy Town vote process and review by the Legislature for amendment of the charter.

16. ADJOURNMENT MOTION by Mr. Silcox, seconded by Mr. Good, to adjourn the meeting. VOTE: unanimous (4-0); motion carried. The meeting was adjourned 8:50 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
SPECIAL SELECTBOARD MEETING MINUTES
April 29, 2003 6:00 P.M.

Minutes Attending: Steve Dates, Chair; Norm Silcox, Vice Chair; George Faris; Steve Good; Jim Dudley Staff Attending: Paul Bohne, Town Manager

1. Call to Order Steve Dates, Chairperson, called the meeting to order at 6:00 P.M.

2. Approval of Agenda There were no changes to the agenda.

3. Citizen Participation There were no items.

4. Receipt of Zoning and Subdivision Amendments George Faris moved that the Selectboard acknowledge receipt of amendments to the Zoning Bylaws and Subdivision Regulations from the Planning Commission. The motion was seconded by Norm Silcox. The motion passed 4 in favor, 0 opposed.

5. Discussion of Sites for Recreation Playing Fields Tom Clavelle presented a review of previous investigations of sites for playing fields. The investigations had centered on Longmeadow and the Blodgett sites but also considered the Meilleur, Teddy Bear and Museum sites. Mr. Clavelle reviewed all of the issues that affected each site including ownership, environmental issues and deed covenants. Due to the complexities of the Longmeadow and Blodgett sites, no further progress had resulted. Mr. Clavelle felt that there were long term possibilities for the Blodgett and Longmeadow sites. However, more discussions with the owners and lessees of the Blodgett property would be necessary and wetland permits would have to be pursued at both sites. Mr. Bohne reviewed additional information regarding the Clark Farm, the LaPlatte Nature Park, the Marcellino property, Precourt property, Stern/Tiballi property and Teddy Bear property. Mr. Bohne also reviewed a draft matrix and criteria for reviewing and prioritizing properties. The Selectboard fielded a number of questions and comments from those in attendance. After discussion Mr. Faris made a motion to authorize the Recreation Committee to complete the matrix after public input and keep the Selectboard informed. Mr. Silcox seconded the motion which passed 4 in favor, 0 opposed.

6. Adjournment Mr. Good moved to adjourn. Mr. Dudley seconded the motion. The meeting adjourned at 8:30 P.M.

Minutes Respectfully Submitted, Paul W. Bohne III