Selectboard Meeting Minutes

TOWN OF SHELBURNE
SELECTBOARD MEETING MINUTES
MAY 13, 2003

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

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

OTHERS PRESENT: Kim Benis, Amy McClellan, Jan Gannon, Edward Pomicter, John Maitland, Joan Beach, Alice Brown, Peggy Coutu, Joan Hemingway, Nancy Wessinger, Jim Collier, Kathy Farrow, Robert Jordon, Stephen Antinozzi, Don Hay, Bill Aldrich, Phil Boyle, Pat Branda, Joe Hameline, Gene Moore, Cherie Schrader, Sharon Robinson, Kit Antinozzi, Tom Moreau, Jim Ticehurst, Sue Davis (Shelburne News), and others.

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

2. APPROVAL OF AGENDA MOTION by Mr. Good, seconded by Mr. Silcox, to approve the agenda as presented. VOTE: unanimous (5-0); motion carried.

3. CITIZEN PARTICIPATION There were no public comments.

4. PROGRESS REPORT ON PLAYING FIELDS SELECTION Kim Benis, Shelburne Recreational Director, reported that a field matrix meeting was held on 05/07/03. The committee added the Stevenson property to the list of potential field sites. The Davis property was discussed, but no recommendations were made to add the property to the list. The O’Brien and Precourt properties were not considered at this time, but might be in the future. Items discussed involved traffic numbers, Act 250 requirements and impacts, wetlands maps, contacting landowners regarding acreage and availability, encumbrances research by Town staff, and cost factors to be determined regarding development and purchase price. A Recreation Committee meeting was scheduled for 05/19/03, 6:30 p.m. in the activity room. Mr. Bohne explained that staff would determine a range of costs, and an evaluation of appropriate sites would be done. There was further discussion regarding Act 250 impacts on the project (possibly for traffic) and encumbrances (agricultural lands could be returned to growing food), breaking out sewer and water costs as a subset of the field cost, which should include engineering costs (CEA would develop a comparable format to evaluate each site), the Stern/Tiballi five-acre field (not included in the sale to the Land Trust) abutted Town property and that land could be used as access for a driveway, parking and storage facilities and playing fields would be constructed on the conserved land. No action would be taken until after information was complied. The top three or four site selections with costs would be presented at a 05/27/03 special meeting. A final decision could be made by 06/10/03. Suggested time frame: • 05/19/03Recreation Committee meeting • 05/27/03 Final Recreation Committee Report • 06/10/03 regular Selectboard meeting agenda\; Final Matrix discussion and presentation • 06/16/03 Special Meeting - public meeting • 06/24/03 Selectboard meeting with decision Suggestions: • Scoring points for rating properties • Maintenance cost projections • Traffic evaluation (peak hour) • Sewer and water issues (rent port-a-lets) PUBLIC COMMENTS Alice Brown, resident, explained she had explored the proposed Shelburne Museum property and surveyed half of the 15 acres, which were covered with trees (some were mature) and potential loss of wildlife habitat. The area abuts a mature Hemlock forest. Phil Boyle, resident, said he was unconvinced of the need for the project. Mr. Dates said needs would be addressed. There had been significant work over the last three years regarding the need for additional recreational fields to address population growth. Growth in town would continue. The Recreation Committee would explore and identify major needs and quantify costs for presentation to the Town. Mr. Dates outlined next steps, which included the permitting process and time frame. Mr. Boyle said the Town should compare population/growth statewide versus nation wide. John Maitland, resident and Recreation Committee member, explained that need related to location of a parcel would be looked at as well. Mr. Maitland urged the Recreation Committee to look at smaller parcels and suggested Davis Park might be a site for an incremental approach. Mr. Dates commented that he did not believe five fields would fit in the five acres. It was recommended that 15 acres was a minimum amount of land needed to start. Kit Antinozzi, resident, expressed confusion regarding a plan published in the Shelburne News and the present discussion. Mr. Dates explained that an engineering firm was asked to provide a plan for 15 acres what would physically fit on 15 acres. Ms. Antinozzi requested that the Town consider the capacity of any additional fields. Ms. Antinozzi asked if the Town was under-serving Town children or if the fields would serve CVU and adult programs.

5. APPROVAL OF WATER DEPARTMENT BUDGET Mr. Frankenburg reviewed the proposed Water Department summary, dated 05/09/03, outlining the $53,400 expense increase and proposed revenue changes. Activity was expected to increase due to planned developments for a water rate of $3.23 per 1000 gallons. There was discussion of wages and benefits (5% increase) and staff (2.5 FTE employees), water bills that would not be in sync with purchases from the Champlain Water District (water was purchased on a 12 month period, but billed quarterly; meters would not be in sync), Capital Improvement budget items, such as re-painting the water storage tank, water use and rate increase projections (expected to increase 8%-10% next year) and stabilizing the rate, and the Route 7 water line relocation project, which would be conducted in two phases (moving the water lines, then interconnections and road crossings). Mr. Frankenburg noted that the State of Vermont would reimburse $65,000 to the Town for some of the right-of-way connections. The Town would bond Phase 1 for $1.375 million. MOTION by Mr. Silcox, seconded by Mr. Good, to approve the proposed Water Department budget for FY03/04 as outlined in the Town Manager memo, dated 05/03/03, the water rate of $3.23 per 1,000 gallons per year, and connection fee changes as follows: *$750.00 per ¾-inch connection *$850.00 per 1-inch connection *Separate charges to be established for more than a 1-inch connection and for Commercial connections. VOTE: unanimous (5-0); motion carried.

6. APPROVAL OF SEWER DEPARTMENT BUDGET Mr. Frankenburg reviewed the draft Wastewater Budget as outlined in a memo, dated 05/09/03, that included a rate increase of 4.8% for a sewer rate of $6.31 per 1,000 gallons. There was discussion of plant maintenance costs of $23,000 ($18,000 for annual maintenance and $5,000 for UV bulb/filter replacement), status of the plants (Plant 2 was meeting specifications, Plant 1 was not meeting specifications), and the status of the ANR settlement for Plant 1. Mr. Bohne explained that the Town was holding $44,000 of the contractor’s money. The contractor recently submitted a final payment. There was an issue with the engineer regarding a $12,000 change to the electrical design due to a design error. An electrical charge might have to used as an offset to revenue and there was potential for litigation. Dufrene-Henry was paid for the engineering and re-wiring and the Town would pressure the contractor for re-imbursement for the re-wiring or a one-year credit. In response to a Board question regarding treating outside septic, Mr. Bohne reported that staff was examining the true cost to treat septage and what other towns were charging. The additional plant usage did not affect what was discharged into the lake. Discharge was A-1. Haulers bringing septage with heavy metals into the plants was a concern., however, the staff is to be commended for pursuing a market. MOTION by Mr. Silcox, seconded by Mr. Dudley, to approve the draft FY03/04 Wastewater Budget as presented in the Town Manager memo, dated 05/09/03, and set a rate change from $6.02 to $6.31 per 1,000 gallons contingent on any adjustments staff would make. VOTE: unanimous (5-0); motion carried. Mr. Frankenburg stated the bond authorization was for three projects: Plant/collection at $10.327 million, Shelburne Heights at $1.081 million (45 connections done out of 77 homes), and collection system for a total of $7,783,835). Remaining bond capacity of $922,918 would be used for other projects, which would include the restriction in the flow near the Creamery and for the Route 7 re-location line project. Loan payments start two years after project completion.

7. UPDATE ON SEWER CAPACITY ALLOCATED TO DATE Mr. Bohne passed out copies of a sewer capacity allocation report and reviewed certification of plants (04/23/03), and charts for Plant 1 and 2 first three-year allocations. No adjustments were made to the figures due to a change in the State sewer flow numbers to 210 gpd per living unit. There was discussion regarding the different rules for use, for example, Wake Robin calculations were 75 gpd per bedroom and 15 gpd per employee, restaurants were calculated on seats. Aid In Expansion fee calculations are $16.31 per day. Phasing was added into conditions imposed by the Planning Commission. There was also discussion of infiltration impacts and sludge processing related to volume. Mr. Bohne noted that stormwater drainage was not connected to the sewer system. Build-out of the sewer service area should be included in the Town Plan update. 8. APPOINTMENTS MOTION by Mr. Faris, seconded by Mr. Good, to nominate the Town Manager as the Regional Planning Commission Housing Task Force Shelburne representative. DISCUSSION: Mr. Silcox questioned the ability of the Town Manager to juggle a full work load as well as representing Shelburne on the RPC Housing Task Force. Mr. Bohne stated that if the appointment became more work than he could handle, he would come before the Board to reset priorities. Mr. Good suggested appointing an alternate. Mr. Dudley said wording “subject to change” could be added. Mr. Faris clarified that representatives were made up of elected officials, appointed officials, and members at large. CALL THE QUESTION by Mr. Dates. Discussion ceased. VOTE: 4 ayes, 1 nay (Mr. Silcox); motion carried. MOTION by Mr. Faris, seconded by Mr. Silcox, to appoint Shawn McFadden to the Natural Resources Committee. VOTE: unanimous (5-0)\; motion carried.

9. CHITTENDEN SOLID WASTE DISTRICT FY2004 BUDGET PRESENTATION Tom Moreau and Jim Ticehurst, Chittenden Solid Waste District representatives (CSWD), presented an Executive Summary on the proposed CSWD FY04 budget, reviewed single stream recycling investments of $2 million, and expenses and revenues. Shelburne’s share of the $136,000 member assessments to be returned to member towns was $7,714 including interest.

10. APPROVAL OF MINUTES: 04/22/03 and 04/29/03 MOTION by Mr. Good, seconded by Mr. Silcox, to approve the minutes of 04/22/03 with the following corrections: Page 3, item #8 - change the dates to: “August 15th, November 15th, and March 15th”; Page 5, item #5, 2nd paragraph - change to read “Mr. Silcox”. VOTE: 4 ayes, 1 abstention (Mr. Faris)\; motion carried. MOTION by Mr. Silcox, seconded by Mr. Dudley, to approve the minutes of 04/29/03 as written. VOTE: unanimous (5-0); motion carried.

11. LIQUOR LICENSES There were no Liquor Licenses to approve.

12. MANAGER’S REPORT Mr. Bohne noted that a written Manager’s Report was included in the Board packet. A Verizon Telecommunication Company e-mail was received stating a request for a site application on the water tower.

13. SELECTBOARD MEMBER CONCERNS Mr. Silcox asked for an update on the Bostwick Road Bridge. Mr. Dates reported that Senator Mazza challenged the rationale of the VTrans budget and recommended the bridge project as a high priority project. Mr. Dates asked that the Telecommunication Committee job description and Police Union contract matters be added for Executive Session at the next meeting agenda. Mr. Bohne noted the following agenda items for the next Selectboard meeting: public hearing on the planning grant for the Noonan House/Affordable Housing, library request for computerization presentation, and a Recreation Committee report. Mr. Silcox said he had made calls about the Telecommunication Committee descriptions and would forward the information when received. Mr. Bohne said staff would research whether telecommunications apparatus could be placed in an occupied building. Mr. Dates reported a letter was received, dated 04/30/03, regarding Frank Thornton. Mr. Bohne said he had contacted the Shelburne Museum.

14. ADJOURNMENT MOTION by Mr. Silcox, seconded by Mr. Dudley, to adjourn the meeting. VOTE: unanimous (5-0); motion carried. The meeting was adjourned 10:10 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
MAY 27, 2003

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

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

OTHERS PRESENT: Elaine Dates, Bob Dilts, Connie Trongo, Marti Fiske, Kim Benish, Thea Platt, Joanna Wright, William Wright, John Powell, Andrew McClellan, Edward Pomicter, John Maitland, Joan Beach, Jim Collier, Cedric Farrow, Robert Goulette, Steven Antinozzi, Don Hay, Phil Boyle, Joe Hameline, Pat Hameline, Cherie Schrader, Sharon Robinson, Julie Ann Bandur (Shelburne News), and others.

EXECUTIVE SESSION The Selectboard met in Executive Session at 6:00 p.m. for the purpose of discussing personnel and contract matters.

1. CALL TO ORDER (regular meeting) Steve Dates, Chairperson, called the meeting to order at 7:20 p.m.

 2. APPROVAL OF AGENDA MOTION by Mr. Faris, seconded by Mr. Good, to approve the agenda with the amendment to add item 11b, Recreation Committee Appointment. VOTE: unanimous (4-0); motion carried.

3. CITIZEN PARTICIPATION Thea Platt, Pond Road resident, addressed the Board regarding concerns that the Shelburne Highway Department might be planning to cut down trees along Pond Road in the marsh area. Ms. Platt explained that Pond Road was a very diverse ecological region with a working dairy farm, homes, Shelburne Pond, marshes, and woodlands that supported wildlife habitat. The Highway Director was wonderful, but had a vision for road improvements that did not coincide with citizen road preservation visions. A petition requesting a temporary moratorium on road improvements was being circulated for signatures, said Ms. Platt, and money concerns might be addressed via road preservation grants. Ms. Platt said she attended STAT meetings, and Pond Road preservation should be incorporated into the Town Plan. Mr. Dates said that he had discussed Pond Road with the Highway Director and conducted a site visit. No road work would occur within the next two weeks to allow for Selectboard visits. Mr. Dates was unaware that money was involved in the equation. A Scenic Byways designation might not be addressed right away. Ms. Platt provided Pond Road photographs to the Board.

4. HEARING – VERMONT COMMUNITY DEVELOPMENT PROGRAM, AFFORDABLE HOUSING PLANNING GRANT CLOSEOUT John Powell, Vermont Community Development representative, explained that a $40,000 Affordable Housing Planning Grant was spent on architect and engineering planning for a two part project that included the Noonan House and 18 residential units on Cynosure Drive. A contractor was selected for the Noonan House. A public hearing was required for closing out the planning grant. Mr. Powell thanked the Town and Board for their support of affordable housing project.

5. PRESENTATION – PIERSON LIBRARY COMPUTERIZATION Elaine Dates, Pierson Library Trustee, introduced Bob Dilts, who thanked the Board for supporting the Pierson Library move. Connie Trongo, Library volunteer, narrated a power point presentation on the library automation that included a Machine Readable Cataloging System, On-line Public Access Cataloging, and Infotrac (on-line library). Ms. Trongo provided On-line library pamphlets to the Board.

6. DISCUSSION OF TOWN PROPERTY AS SITE USE BY TELECOMMUNICATIONS COMPANIES Mr. Bohne reviewed current installations of telecommunications antenna on the Cynosure Drive water tower, operators lease with three telecommunication companies (a three year period with seven one-year updates during which the companies were to explore alternate sites), and a request by Verizon to locate on the tower behind the Pierson Library, which was damaged. There was brief discussion regarding repairs to tower, which was cabled to a chimney and held many antenna including town functions (it was expected to fail at some point), a proposed replacement tower, an agreement with Verizon, sites explored by companies that had not worked out, and concerns regarding emissions from the library tower within 100 feet of an occupied building (staff would get answers from the consultant). Mr. Bohne said that if the telecommunication companies were unable to find an alternate location as defined by the Zoning Ordinance, the Town was obligated to extend the lease. Staff would contact Verizon to discuss progress and send a letter to the carriers.

7. RECREATION COMMITTEE Kim Benis, Recreation Director, narrated an overhead presentation on potential recreation field location comparisons and criteria, including the Blodgett property, Falls Road, the Shelburne Museum, and Marcelino sites. Traffic counts were conducted. The Sterns/Tiballi site was eliminated due to traffic impact concerns on the Turtle Lane access. The Recreation Committee also recommended the following: • Eliminate the O’Brien, Longmeadow, Swenson, and Sutton properties; • Move forward with preliminary development on the Blodgett, Falls Road and Shelburne Museum properties\; • Schedule a Recreation Committee meeting for 06/09/03 at 6:30 p.m. Mr. Collier, resident, commented that traffic and safety were two separate issues. Mr. Bohne said the Town could consider one entrance off LaPlatte Circle and a second entrance between the pump station and the post office for the Falls Road site. There was lengthy discussion regarding the Recreation Committee recommendations to move forward with next steps on the Blodgett, Falls Road, Shelburne Museum and Marcelino properties (there were potential permitting issues and it was suggested that a combination of the Marcelino and Mayer sites would enhance that parcel). Concerns that the Sutton property was too far, distance-wise, to be a viable option were mentioned. Wetland concerns on the Sterns/Tiballi property and parking concerns (the impact from the potential number of cars per field per game) were also noted. The number of fields on a parcel and costs factored into the selection process were discussed. Mr. Bohne said that the Civil Engineering Associates (CEA) would do a complete cost analysis before the final site decision. PUBLIC COMMENTS Mr. Pomicter asked about the number of pedestrians versus car drivers to the current fields. Also, water and sewer issues could be addressed with port-a-lets. The Board should not assume the Planning Commission would not allow for development of the Mayer or Marcelino properties, cautioned Mr. Pomicter. Mr. Boyle, resident, suggested adding a permit column to the field matrix study and including wetlands issue differences between the Shelburne Museum and Blodgett sites. Five fields on 15 acres at the museum or the Blodgett site might be less of a problem than thought. Mr. Bohne noted that the Town had three letters from wetlands ecologists regarding an analysis of wetlands issues of the parcels. In response to a resident request for clarification, Ms. Benish explained that the Sterns/Tiballi access was not an over-riding issue. The main issue was the five-acre size of the property. Permission to use the conserved land would be required from the Land Trust and there were wetland issues as well. The Sutton property was located far out and would be accessible by car only. There was a request to add an acreage column to the field matrix study. Mr. Maitland asked that the analysis include a good ‘apples-to-apples’ cost analysis of each site. Mr. Dates noted that costs would be delineated for land procurement, grading, and wetlands. Sewer costs were shown separately. Mr. Dates explained that the Marcelino parcel was at the verbal level, and there were no land descriptions at this time. Staff would have the consultant examine potential fields. Ms. Benish stated that the committee has been estimating 15 acres would fulfill future field needs. A letter of intent has not been signed, which was a right of first refusal. Summary: • Four sites were under consideration: Blodgett, Falls Road, Shelburne Museum, and Marcelino/Mayer. • Encumbrances on the Sutton parcel would be explored. • The CEA analysis would include costs as discussed. • Future meetings were scheduled as follows: Selectboard on 06/10/03, and a Special Meeting on 06/16/03.

8. RESPONSE TO UNITED STATES BOARD ON GEOGRAPHIC NAMES TO RENAME FYLERS BAY TO TWILIGHT BAY Mr. Bohne reviewed a request to rename Fylers Bay to Twilight Bay as outlined in a letter from United States Board On Geographic Names, dated 04/04/03. Mr. Dudley asked for clarification of “Charlotte County”. Mr. Bohne said that the letter referred to the towns of Charlotte and Shelburne. A small section of the south end of the bay was in Charlotte. MOTION by Mr. Faris, seconded by Mr. Dudley, to approve a designation name change from Fylers Bay to Twilight Bay as presented in a letter from United States Board On Geographic Names, dated 04/04/03. VOTE: unanimous (4-0); motion carried.

9. ACCEPTANCE OF PROPERTY, ROADS AND UTILITY EASEMENTS Mr. Bohne reviewed the request for acceptance of property, roads and utility easements as outlined in the Town Manager’s Report, dated 05/27/03. MOTION by Mr. Good, seconded by Mr. Faris, to accept water and sewer lines in the Cedar Haven II development, accept the Longmeadow Drive extension and drainage improvements as a Town road, and the Ordway Road water line. VOTE: unanimous (4-0)\; motion carried.

10. REQUEST FOR EASEMENTS BY VERMONT GAS & VERIZON Mr. Bohne explained the Town and Waldorf School were requesting gas service on Turtle Lane. Vermont Gas would require an easement to install the line. MOTION by Mr. Dudley, seconded by Mr. Good, to authorize the Shelburne Selectboard Chairperson to sign the Vermont Gas encumbrance on Turtle Lane. VOTE: unanimous (4-0); motion carried. Mr. Dates signed the Vermont Gas easement document, which was notarized by Mr. Faris. Mr. Bohne reviewed a request by Verizon for installation of 218 feet of conduit along Juniper Ridge in the town right-of-way. MOTION by Mr. Good, seconded by Mr. Dudley, to approve the request by Verizon for installation of 218 feet of conduit along Juniper Ridge in the town right-of-way. VOTE: unanimous (4-0); motion carried. The Selectboard signed the document.

11. CSWD APPOINTMENT MOTION by Mr. Faris, seconded by Mr. Dudley, to nominate Steve Good to serve as Shelburne’s CSWD representative. VOTE: unanimous (4-0); motion carried.

11.b. RECREATION COMMITTEE APPOINTMENT MOTION by Mr. Faris, seconded by Mr. Good, to appoint Joe Hameline to the Recreation Committee. VOTE: unanimous (4-0); motion carried. Mr. Bohne noted that Shelburne representative terms expired for the CCRPC and CCMPO at the end of June.

12. AMENDMENT TO PARKING ORDINANCE – FIRST READING Mr. Bohne reviewed the proposal to restrict parking at the Fire Department driveway on the south and north sides of the firehouse. No indiscriminate parking would be allowed except in designated spaces. There were 170 parking spaces on town property, seven of which dedicated to the Noonan House, 30 public spaces on Church Street, and 50 spaces at the rail station (owned by the State of Vermont). Staff suggested deleting the current item “N” language and replacing with “No Parking in the Fire Lane” on the south side of the Fire Station, and to post “No Parking Except in Designated Spaces” signs. Mr. Pomicter suggested changing the rail station/Fire Station entry so people can drive through. Mr. Dates said that technical this was an emergency only entry and was owned by State of Vermont. MOTION by Mr. Faris, seconded by Mr. Good, to delete item “N” in paragraph 2 of the Parking Ordinance, add item “N”, paragraph 2, to read: “No Parking in the Fire Lane” on the south side of the Fire Station, and to post “No Parking Except in Designated Spaces” signs. VOTE: unanimous (4-0)\; motion carried.

13. APPROVAL OF A POLICY TO ADD DISABLED FORMER TOWN EMPLOYEES TO THE TOWN HEALTH INSURANCE GROUP MOTION by Mr. Faris, seconded by Mr. Good, to approve a policy to add disabled former town employees to the Town health insurance group through the Vermont League of Cities and Towns. VOTE: unanimous (4-0)\; motion carried.

14. APPROVAL OF SEWER BOND ANTICIPATON NOTE - $200,000 CHITTENDEN BANK, 1.75 PERCENT INTEREST MOTION by Mr. Faris, seconded by Mr. Dudley, to approve the Sewer Bond Anticipation Note for $200,000 with the Chittenden Bank at 1.75 percent interest. VOTE: unanimous (4-0); motion carried.

15. APPROVAL OF CHITTENDEN SOLID WASTE DISTRICT FY04 BUDGET MOTION by Mr. Good, seconded by Mr. Faris, to approve the CSWD FY04 Budget as presented. VOTE: 3 ayes, 1 abstention (Mr. Dudley); motion carried.

16. APPROVAL OF MINUTES OF MAY 13, 2003 MOTION by Mr. Faris, seconded by Mr. Dudley, to approve the minutes of 05/13/03 with the following correction: Page 2 – clarify that Mr. Maitland was not a member of the Recreation Committee. VOTE: unanimous (4-0); motion carried.

17. MANAGER’S REPORT Mr. Bohne noted that a written Manager’s Report had been included in the Board packet. Agenda items at the 06/10/03 Selectboard meeting would include on-site septic regulation discussion (policy decision), and Open Space Plan discussion (future policy/ordinance).

18. SELECTBOARD CONCERNS There were none.

19. ADJOURNMENT MOTION by Mr. Good, seconded by Mr. Dudley, to adjourn the meeting. VOTE: unanimous (4-0); motion carried. The meeting was adjourned 9:45 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.