Selectboard Meeting Minutes

TOWN OF SHELBURNE
SELECTBOARD MEETING MINUTES
 JUNE 10, 2003

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

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

OTHERS PRESENT: Jim Collier, Bill Hoadley, Cedric Farrow, Kathy Farrow, Victoria Hudock, Robert Platt, Kim Benish, Thea Platt, Ed Kiniry, Paul Goodrich, Jan Gannon, Harvey Ottinger, Pat Branda, Dick Reid, Andrea Van Hoven, Bev Jacobson, Bob Goulette, Claude Lapierre, Joe Hameline, Peggy Coutu, Bob Manchester, Dave Stroupe, Bridget Shover, Marvin Thomas, Ann Clark, John Champoux, Randy Rowland, Donald Hay, Susan Mernick, Mariah Neagley, Sean MacFaden, Julie Ann Bandur (Shelburne News), and others.

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

2. PUBLIC HEARING ON AMENDMENTS TO SHELBURNE ZONING BYLAWS & SUBDIVISION REGULATIONS Dean Pierce provided a summary of proposed amendments to the Shelburne Zoning Bylaws and Subdivision Regulations, and reviewed minor changes that included language to authorize the Planning Commission or Zoning Board to charge an applicant for independent consultants, notification for public hearings to be mailed and posted on an applicant’s property (1775.2), and maximum building coverage (1770.2). There was discussion of concerns that 1775.2 as written would leave posting notice on a property to an applicant which might not be done, and a suggestion to change language in Section D (lot coverage on pre-existing lots) to “10 percent or 5,000 square feet, or whichever is less” for equity with larger lots. Mr. Dates reported that an e-mail from members of the Natural Resources/Conservation Committee (NRCC) was received requesting the NRCC be included in the decision making process along with the Planning Commission/Zoning Board, or a public petition of 5% of registered voters be acceptable. Mr. Pierce said that the proposed language changes were forwarded from the Planning Commission. Allowing a petition did not come up in discussions that focused on Planning Commission or Zoning Board as the decision makers. Language could be crafted to address the NRCC concerns, but this will take time. There was discussion of current avenues of input for disputes or issues that included approaching the Selectboard. The Selectboard could enact a policy to address the NRCC, suggested Mr. Pierce. Mr. Dates cautioned against petitions that could mandate town boards’ decisions. PUBLIC COMMENT Andrea Van Hoven, NRCC Chairperson, spoke in support of the proposed Planning Commission amendment and clarified that the NRCC e-mail was not discussed by the NRCC, but came from two members. The intention was to allow for registered voters’ input and making sure the public had an avenue for discussion with town boards regarding projects. Ms. Van Hoven spoke in support of posting notices on a property, and noted there was no mechanism for NRCC to request a study on natural resources found on a particular property. Mr. Faris cautioned against overruling the Planning Commission which is appointed by the Selectboard. The Planning Commission should be trusted to make informed decisions. There were no further comments. MOTION by Mr. Faris, seconded by Mr. Silcox, to approve the proposed amendments of the Shelburne Zoning Bylaws and Subdivision Regulations as presented in a memo from Dean Pierce, Town Planner, dated 04/25/03, with one exception to 1775.2: delete language “…or of an applicant to post a notice sign under Section D above…”and replace with “…no failure by the property owner to post the received notice under Section C above shall invalidate any such action taken as the result of a public hearing unless such notice was materially misleading or failure/defect was the result of a deliberate or intentional act.” VOTE: unanimous (5-0)\; motion carried.

3. PUBLIC HEARING (2ND READING) ON AMENDMENTS TO THE MOTOR VEHICLE ORDINANCE (parking) Mr. Bohne reviewed the proposed amendments to the Motor Vehicle Ordinance as follows: delete Paragraph 2, Section (n), and add to Paragraph 2, Section (n): “some signs would be posted and stenciling on the parking surface”. Town action could include ticketing or towing parked vehicles that impede fire trucks from exiting the fire station. Fines were outlined in state statutes. Mr. Silcox expressed concern that volunteer firefighters arriving at the station might impede exiting the station if the lot was crowded. Mr. Bohne noted that reserved spaces would be marked for firefighters. MOTION by Mr. Faris, seconded by Mr. Silcox, to adopt the proposed Motor Vehicle Ordinance - Parking as amended. VOTE: unanimous (5-0); motion carried.

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

5. CITIZEN PARTICIPATION Jim Collier, resident, asked for an update on the possibility of a joint Selectboard/School Board meeting to discuss town population growth projections related to capital expenditures which should be explored as a local growth issue versus a Chittenden County growth issue. School projections went to 2007/08, but should look beyond 2013. A general agreement should be reached on how Shelburne will grow, said Mr. Collier.

6. FIRST READING ON AMENDMENTS TO THE MOTOR VEHICLE ORDINANCE (parking and Stop signs) Mr. Bohne reviewed proposed amendments to the Motor Vehicle Ordinance: 1. Reserve nine parking spaces for the fire department. 2. Add two Stop signs on Richmond Drive (citizen request). There were 30 public parking spaces on Church Street. Mr. Silcox requested that the Fire Chief ensure the firefighters used the nine designated parking spaces before parking elsewhere. There were no comments from the public. MOTION by Mr. Faris, seconded by Mr. Silcox, to schedule a Second Reading on amendments to the Motor Vehicle Ordinance (parking and Stop signs) to be scheduled for 06/24/03. VOTE: unanimous (5-0)\; motion carried.


7. FIRST READING ON AMENDMENT TO SHELBURNE’S SEWER ORDINANCE Dean Pierce provided a summary memo, dated 05/07/03, on proposed amendments to the Shelburne Sewer Ordinance. Changes would align the town ordinance with the new state on-site septic standards and update language addressed in the new state rules. Mr. Pierce reviewed proposed changes in suitable septic soil categories. There were no comments from the public. MOTION by Mr. Silcox, seconded by Mr. Good, to schedule a Second Reading for 06/24/03 regarding proposed amendments to the Shelburne Sewer Ordinance as presented (Town Planner memo, dated 05/07/03). VOTE: unanimous (5-0); motion carried.

8. POSSIBLE FUTURE BOARD ACTIONS ON THE PROPOSED OPEN SPACE PLAN Mr. Bohne reported the NRCC was developing an Open Space Plan as a foundation document to be incorporated in the Town Plan. Mr. Pierce noted the Planning Commission was a statutory body designated to prepare a Town Plan. There was brief discussion regarding the process for review of the proposed Open Space Plan related to holding a public hearing. Mr. Faris said that the Open Space Plan was an inventory and priority list of open space, and a hierarchy for purchasing open space or easements. The Planning Commission should review open space planning (including ranking) which should fold into the Town Plan. The Selectboard could adopt the Open Space Plan as a separate document. Ms. Van Hoven said that the land acquisition procedure was a discussion for the Selectboard. Land was a resource and there should be some avenue for public input or presentation of a plan, which should include how to use funds voted by the Town. A NRCC retreat scheduled for 06/17/03 would discuss these issues for presentation in mid-July and for action potentially on 7/22/03. Mr. Silcox said the plan should have two parts: inventory and discussion of ultimate goals/target areas. Ms. Van Hoven suggested there could be a “type” of parcel versus a specific parcel.

9. EMERGENCY RESPONSE PLAN Mr. Bohne suggested postponing the emergency response plan discussion to next Selectboard meeting to allow the Fire Chief to attend. The proposal was a town-wide plan drafted in 1995 based on models accepted by the State and National Emergency Board. The Fire Chief was the emergency coordinator.

10. POND ROAD STATUS REPORT Mr. Dates reviewed that Pond Road residents had expressed concern regarding proposed tree cutting and rock clearing along Pond Road. The Selectboard members conducted site visits. Mr. Bohne said the work was road maintenance for drainage ditching and improved sight distances. Trees were growing in the ditch or on the travelway. There was potential for future problems if poplar trees, which are brittle trees, blew down across the road, and there was a clump of Birch trees that were deteriorating. There were maple trees that should be left to grow. There was no intention to widen or pave the road at this time. Staff recommended a limited cut of trees. In response to Board questions regarding the location of the proposed road improvements, Mr. Bohne said that the area was wet and the road did not have a good base. Drainage would not cure the problem. There was discussion of Title 10 and 19 related to a Scenic Highway designation process (the Selectboard could request the designation, and the Scenic Preservation Council would grant the designation). The designation offered a road some protection, but did not preclude town maintenance such as paving. The Selectboard could request a road to be “un” designated. Mr. Dudley asked if the large tree noted by Ms. Platt was coming down. Mr. Bohne said a large tree growing in a ditch, but leaning against the bank was not an issue. There were 15-16 trees marked for cutting, three areas of ledge, and a proposal to level off the road at the Pond Road/Dorset Street corner for the school bus. PUBLIC COMMENTS Thea Platt stated there were 19 trees marked for cutting and showed pictures, and thanked the town for excellent maintenance of the roadway. The petition requested temporary designation as a Scenic Byway. The voters had shown support for Pond Road as a town treasure during the March Town Meeting. Ms. Platt expressed concern that the Town Highway Department was preparing the road for future paving once the trees were gone and the road straightened, and spoke in support of preserving Pond Road. Town voters should have input regarding a Scenic Highway designation, which would not allow cutting trees or chipping away ledges. Also, Pond Road was a curvy road and should be posted at 25 mph versus 35 mph. Bob Manchester, Pond Road resident since 1972, stated drivers went 50 mph on the road now. The trees filtered out drivers who want to make it a racetrack. If the Town took out rocks and trees, the dynamic of the road would be changed. The Manchesters questioned why the town was taking out trees and ledges now. Mr. Bohne noted that when he was hired as Town Manager, Paul Goodrich took him on a ride and explained an overview of the road plan, and that Pond Road residents needed fire and rescue protection. Mr. Silcox noted that trees in the roadway made it difficult for town plows. Another Pond Road resident spoke in support of the petition and asked if any expert had been contacted regarding the impact to wetlands if the trees and ledges were removed. Mr. Bohne replied letters were on file from experts who had approached the Town. Bill Jokela, Pond Road resident, said that removing material for better line of sight would only allow people to drive faster. It was a safety issue. Mr. Bohne said that curves were not being taken out, only material for a better line of sight. Mr. Goodrich clarified that eight feet would be taken off the top. There were no further comments. MOTION by Mr. Silcox, seconded by Mr. Dudley, to approve the Town Highway Department moving forward with proposed road improvements including solving line of sight issues and removing trees for ditching. DISCUSSION: Mr. Faris commented that this was a classic collision of small town values of scenic issues versus modern road safety concerns. Mr. Faris said he would not support the motion. He had hoped to hear that removing trees and ditching would improve drainage, but that was not the case. As The Town improved the road, then speeding would increase. Mr. Good agreed with Mr. Faris, with the exception of flattening the Pond Road/Dorset Street area. VOTE: 3 ayes, 2 nays (Mr. Faris, Mr. Good)\; motion carried. Mr. Bohne noted that the issue to change Dorset Street was in the work plan. Mr. Dates requested that the issue come back for discussion by the Board. There was further discussion of the proposed tree cutting, alternatives such as replacing the trees, traffic calming, removing trees for drainage, and further avenues that residents could explore to stay tree cutting. Mr. Dates pointed out that holding a town vote was expensive. Mr. Bohne agreed that traffic studies have shown average Pond Road speeds were excessive at 10-15 mph over what was posted. More police presence could be done and warnings/tickets could be issued.

11. RECREATION FIELDS UPDATE Ms. Benish, Recreation Director, reported on the Recreation Committee work session held on 06/09/03, and recommendations to move forward with three properties: Blodgett, Falls Road, and Shelburne Museum. CEA was working on cost estimate comparisons for development, which would be ready for the 06/16/03 Special Selectboard Meeting. There was discussion of the Recreation Committee recommendation to eliminate the Marcellino/Meilleur and Sutton Estate properties, the number of playing fields that could fit on the Falls Road acreage, the cost of cutting and filling the existing topography, preserving the sliding hill and community garden areas, and addressing wetland issues. Ms. Benish said that the Recreation Committee would gather more information on septic and water, the permit process, exact field layouts, a needs assessment, and a time line of events. Further discussions regarding the proposal were scheduled as follows: Special Selectboard meeting 06/16/03, 6:30 p.m. and a Selectboard decision at the 06/24/03 meeting. CEA would be invited to attend to answer questions. Mr. Good recalled that the Falls Road site had been used as a dump at one time. Mr. Bohne suggested that any questions/concerns be forwarded to town staff immediately so CEA could research and address them at the Monday 06/16/03 meeting. There was further discussion regarding needs, which were addressed in the Recreation Impact Fee reports to be used to craft a Master Recreation Plan, a needs assessment survey mailing, and a request for recreation lights for the proposed fields, which must take neighborhoods into consideration as well as playing times.

12. APPEAL OF PENALTY FOR DELINQUENT PROPERTY TAX PAYMENT – Gregory and Lisa Farr MOTION by Mr. Faris, seconded by Mr. Silcox, to grant the appeal of penalty for delinquent property tax payment for Gregory and Lisa Farr. VOTE: 1 aye, 4 nays (Good, Faris, Dudley, Dates); motion did not carry.

13. EXECUTION OF VT MUNICIPAL BOND BANK RESOLUTION AND CERTIFICATE – Route 7 water line MOTION by Mr. Good, seconded by Mr. Silcox, to approve execution of a $1.95 million Vermont Municipal Bond Bank Resolution and Certificate for the Route 7 Water Line project as presented. VOTE: unanimous (5-0)\; motion carried.

14. APPOINTMENT OF ALTERNATE REPRESENTATIVE TO CSWD MOTION by Mr. Faris, seconded by Mr. Silcox, to appoint Paul Bohne as CSWD alternate. VOTE: 4 ayes (Mr. Silcox was not present for vote); motion carried.

15. APPROVAL OF MINUTES MOTION by Mr. Good, seconded by Mr. Dudley, to approve the minutes of 05/27/03 as written. VOTE: 4 ayes (Mr. Silcox not present for vote); motion carried. 16. MANAGER’S REPORT Mr. Bohne reported Kevin Wooster, Waste Water Operator at Plant 2, was acknowledged with a Waster Water Excellent certificate. Also, the Board signed the document for the Juniper Ridge easement to Verizon.

17. SELECTBOARD MEMBER CONCERNS *Mr. Faris volunteered to serve as the CCMPO Alternate in place of Ken Albert. *In response to a request for an update regarding the fishing access, Mr. Bohne reported that the Agency of Natural Resources received agreements on all permit applications. Work would start at low water this summer.

18. EXECUTIVE SESSION MOTION by Mr. Silcox, seconded by Mr. Good, to enter Executive Session for the purpose of discussing contracts and legal matters, and invite the Town Manager to attend. VOTE: unanimous (5-0)\; motion carried. The Board entered Executive Session at 10:25 p.m.

19. ADJOURNMENT There being no further business before the Selectboard, the Chairperson adjourned the meeting. The meeting was adjourned at 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
JUNE 16, 2003 6:30 P.M.

Attending: Steve Dates, Chair\; Norm Silcox, Vice Chair; George Faris; Steve Good; Jim Dudley

Also Present: Paul Bohne, Town Manager; Steve Vock, Civil Engineering Associates, and a number of Shelburne citizens.

The meeting was called to order at 7:05 P.M. by Steve Dates. Mr. Dates introduced Steve Vock, an engineer from Civil Engineering Associates (CEA). Mr. Vock reviewed cost estimates, prepared by CEA, for construction of 5 playing fields on each of three properties: the Museum site at the end of School Street, the Blodgett property off from Harbor Road and the LaPlatte Nature Park off from Falls Road/LaPlatte Circle. In addition to a cost report, Mr. Vock also presented information regarding the features of each property and the permitting of each. Mr. Vock estimated that the cost of developing the Museum and the Falls Road property was quite similar. While all properties would benefit from under drainage, Mr. Vock felt that the Blodgett property would not be very usable without it due to the high water table and soil conditions. Mr. Vock fielded questions from Board members and the audience regarding various aspects of developing playing fields on each of the three properties in questions and on the Meilleur and Marcellino properties on Spear Street. Mr. Vock left the meeting at 8:30 P.M. Mr. Dates presented several overhead slides depicting various population data. He stated that the purpose of his presentation was not to make predictions but to present data for individuals to be aware of. A discussion with several members of the audience ensued. The Board agreed that there appears to be enough information to prepare for a decision of site selection at the June 24, 2003 meeting. Steve Good moved to adjourn. Norm Silcox seconded the motion which passed 4 in favor, 0 opposed. The meeting adjourned at 9:30 P.M.
Respectfully submitted, Paul W. Bohne III, Town Manager Approved, Stephen B. Dates, Chairman 

TOWN OF SHELBURNE
SELECTBOARD MEETING MINUTES
JUNE 24, 2003

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

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

OTHERS PRESENT: Jim Carron, John Harrington, Cedric Farrow, Kathy Farrow, Jerry Thornton, Frank Thornton, Emily Barrett, Mike Cafarelli, Debbie Cafarelli, Dick Reid, Clark Hermance, Andy McClellan, Sue Wiles, Linus Wiles, Sherward Farnsworth, Mark Salmon, Rosalyn Graham, Christine Forde, Wright Caswell, Gail Albert, Sean MacFaden, Julie Ann Bandur (Shelburne News), and others.

1. CALL TO ORDER Steve Dates, Chairperson, called the meeting to order at 7:06 p.m.

2. APPROVAL OF AGENDA Agenda item #5b, CCMPO TIP/Bay Road Bridge, was added.

3. CITIZEN PARTICIPATION Frank Thornton, Shelburne resident, requested Selectboard assistance regarding control of the Shelburne Museum summer concerts.

4. PUBILC HEARING ON THE MOTOR VEHICLE ORDINANCE AMENDMENT: Stop Signs at Richmond Drive and Longmeadow Drive; No Parking for Nine Spaces at the North Side of the Fire Station Mr. Bohne reviewed the proposed amendment to the Shelburne Motor Vehicle Ordinance to add a Stop sign at each end of Richmond Drive (not a three-way stop). Citizen complaints have been received regarding speeding on Longmeadow and Richmond Drive. The Shelburne Police Department has monitored the situation. Mr. Bohne reviewed a brief history of signage on the road. Mr. Dates read the proposed amendment regarding nine reserved parking spaces for firefighters (second reading).

PUBLIC COMMENTS Sherward Farnsworth, Longmeadow Road resident, said he did not recall any Stop signs posted on the road in the past, but supported a three-way stop at both locations. There was speeding through Longmeadow as well. Mark Salmon, Richmond Drive resident, said he had called the police regarding high rates of speed through the area many times. The police had issued speeding tickets. It was the neighbors who speed as well. Just a sign at Longmeadow would not address the problem. Mr. Wiles pointed out that a one-way stop would not address the speeding on Longmeadow. Mr. Dates said that the Board could not approve an amendment for a three-way stop as presented. At issue is whether the town should install a three-way stop. Mr. Bohne said that a three-way stop may slow traffic from Richmond onto Longmeadow. Staff would need more data before making a recommendation. Discussions were held with the Police Chief regarding a traffic count and monitoring speed. There were no further comments. MOTION by Mr. Dudley, seconded by Mr. Faris, to move forward and approve the amendments to the Shelburne Motor Vehicle Ordinance as presented. VOTE: unanimous (5-0); motion carried.

5. METROPOLITAN TRANSPORTATION PLAN PRESENTATION Christine Forde, CCMPO representative, provided copies of the proposed CCMPO Plan and reviewed the proposed Metropolitan Transportation Plan outlining a long-range study and analysis of traffic/transportation schedules and the proposed Transportation Improvement Plan (TIP) update. The TIP list was a projection over 25 years and earmarked $1 billion for the projects listed. Public outreach meetings were scheduled to gather input before adoption in November/December by the CCMPO. In response to Board questions, Ms. Forde said that the CCMPO was examining multi-modal connections that included bike/pedestrian, and land use. The MPO Board approves the TIP, which was for planning a future vision of what the county should look like. 5. b. CCMPO TIP/BAY ROAD BRIDGE Mr. Silcox explained three Shelburne bridge projects (Bostwick Road, Bay Road, and the LaPlatte River) were included in the proposed TIP project list, which was presented to the Legislature for funding. The Bay Road Bridge was funded (construction costs at $400,000) for FY04, however, VTrans has proposed moving it out to FY05. As Shelburne’s MPO representative, Mr. Silcox has requested that the project remain in FY04 and suggested a letter from the Town Manager to the MPO confirm the request. Ms. Forde said that the project list was a “would like to see it happen” list. The bridge project could stay in FY04, but funds were very constrained over the next few years. A Rail Division meeting in July would wrap up the scoping phase. Mr. Silcox suggested that Dean Pierce confirm funding at the next TAC meeting.

6. PEDESTRIAN/BIKE PATH ALTERNATIVES PRESENTATION Claire Anderson-King, Bike Path Chairperson, reported on the status of the proposed Pedestrian/Bike Path. Meetings have been held and the committee was seeking Board support. Jim Donovan, Wilbur Smith and Associates, explained that public input was requested regarding proposed path alignments as noted on study maps. Public hearings have been held to discuss alternate routes. At the second public work session, a preferred alternative “B” route was developed. Mr. Donovan explained proposed routes Alternative B, and Alternative C as shown on a map and noted that easements could not be obtained across the Farrell property. It was recommended to pursue a small segment of Alternative C (Hullcrest Park to Executive Drive) which would connect to Rte.

7. A right-of-way to be negotiated was required. A retaining wall would be put under the LaPlatte River bridge and the path would be 11’ below the bridge beam. Issues were property owners and safety along Route 7 due to driveways. Cost associated with the preferred alternate was $2.8 million total (without Hullcrest/Farrell, $2.336 million). Town contribution of 10% could be in the form of “in-kind” land donations. The costs include contingency, town cost, administrative, etc. A cost savings could be realized by using Route 7 bike lanes. There was lengthy discussion of alternate paths, crushed stone versus paved surfaces (stone was less expensive to install, but higher to maintain), easements required along Webster Road and the Charter One Bank (federal funding was available for property acquisition), a LaPlatte River to Harbor Road connection (across the railroad bed and onto the school), and future connections that would include a Village to the beach route. Wright Caswell, representative from the Longmeadow, Deer Run, Stonegate, Farmstead, and Gardenside developments, pointed out that there were 126 children in the neighborhoods. Mr. Caswell spoke in favor of the proposed plan. Webster Road was a problem, but there was an option to go along the road shoulder and then back to the proposed route. Boulder Ridge development was another piece to include. Mr. Donovan said it was possible to solve the connection by going through the common area around the historic house. Champlain Path was exploring a path from Charlotte to Burlington along the railroad tracks, noted Mr. Donovan. MOTION by Mr. Faris, seconded by Mr. Silcox, to approve the concept of a Pedestrian/Bike Path as presented, and to authorize the Shelburne Path Committee to pursue the project. VOTE: unanimous (5-0); motion carried.

7. EMERGENCY RESPONSE PLAN Mr. Bohne reported the draft 1995 Emergency Response Plan was not formally adopted. The plan sets responsibility in detail (the Town Manager was director and the Fire Chief was coordinator) and identifies available resources. Craig Wooster, Shelburne Fire Chief, and Jim Warden, Shelburne Police Chief, were introduced. Fire Chief Wooster explained emergency preparedness, which has been in operation in Shelburne. A detailed preparedness list was available on-line (www.fema.org). Police Chief Warden reviewed the communications network, anti-terrorist plan (in place), and dispatch and officer training (on-going). Mr. Faris pointed out that if there was a pre-disaster mitigation plan in place, then the Town could apply for FEMA disaster funding. Mr. Bohne said staff would research to see if Shelburne met the requirements. MOTION by Mr. Dudley, seconded by Mr. Silcox, to accept the Shelburne Emergency Response Plan, dated 06/24/03, as presented. VOTE: unanimous (5-0)\; motion carried.

8. SITE SELECTION FOR PLAYING FIELDS Mr. Bohne reviewed a letter from the Natural Resources and Conservation Committee (NR&CC) which cautioned against utilizing the LaPlatte Nature Park for playing fields. Dick Reid, resident, asked for an update regarding the November, 2002 offer by the Shelburne Museum. Mr. Dates explained that the Shelburne Museum offer expired May 1st. No letter of intent was received or signed. Gail Albert, resident, gave the Board a letter from Judy Raven, dated 06/24/03, regarding concerns of using open space for ballfields. Mr. Bohne reported that many letters were received supporting the NR & CC position. Sean McFaden, NR&CC representative, explained that the NR&CC had no specific position regarding the need for playing fields and acknowledged the Selectboard had a duty to meet the Town’s needs that mesh with the Town Plan. The committee does not support using the nature park for playing fields. There were considerable natural, ecological values that were important to maintain. The proposal would affect wildlife, views, and water quality. The park was listed as a natural heritage area in the 1998 Town Plan. There was concern expressed that an Open Space Plan should be adopted and enfolded into the Town Plan before a decision was made. Mr. Dates reviewed three options for playing fields that included the Blodgett land, which was not for sale and had permitting problems. There was further discussion regarding the designation of the LaPlatte Nature Park as a conservation area (staff would research), the need for soccer fields, designation as a natural heritage area by the State of Vermont, and uses for the 9.5 acre parcel. MOTION by Mr. Silcox, seconded by Mr. Good, to authorize the Town Manager to move forward with development, design and permitting of the LaPlatte Nature Park for a 2004 March Town Meeting vote (March 2, 2004). DISCUSSION: Mr. Faris spoke in favor of the motion, not because it was the best location, but it was clear that the neighbors of the Museum property will not accept a field on that site. Needs have been demonstrated and the only question was whether the fields would be enough. Mr. Dates spoke in favor of the motion. At this point the park was the best location. It was Town owned land, and a better use of land. The 15 acres would solve playing field needs for a limited period of time. A future concern was where would the Town put the next fields. It was not a decision to leave to a future board. Mr. Silcox said he made the motion for the purpose of getting the process started. It has been noted that more athletic fields were needed. The Blodgett property would be ideal, but given the long term lease and permitting problems, it was eliminated. Gathering input on proposals has been a lengthy process. Mr. Dudley felt it was the best the Town could do under the circumstances. Kids involved in recreation stay out of trouble. Mr. Dudley expressed disappointment at the tactics taken with the matter. There were no further comments. VOTE: unanimous (5-0)\; motion carried.

9. NOTICE OF INTENT TO ENTER INTO A 99-YEAR LEASE OF THE NOONAN HOUSE Mr. Bohne reviewed the proposed 99-year lease of the Noonan House, which the Town Attorney advised to handle as a sale. The developers were aware of the delay and were not concerned. A notice would be posted in the paper and appropriate public places. Mr. Dudley questioned a long-term lease related to future maintenance and compatibility with Main Street. Mr. Bohne replied that the draft lease would address maintenance. The Board would review the draft lease. Staff was exploring the Town’s rights and options in partnership with the developer. The 99-year lease would keep the rental units perpetually affordable. Mr. Silcox pointed out that there were three classrooms and leased space still available in the Village Center building. MOTION by Mr. Silcox, seconded by Mr. Good, to post a public notice to the residents of Shelburne of the Selectboard’s intent to enter into a long term lease of the Noonan House with the Lake Champlain Housing Development Corporation or their successor partnership. VOTE: unanimous (5-0); motion carried.

10. APPOINTMENTS MOTION by Mr. Dudley, seconded by Mr. Good, to appoint Norm Silcox as the Shelburne CCMPO representative, and George Faris as the CCMPO Alternate CCMPO representative. VOTE: unanimous (5-0); motion carried. MOTION by Mr. Silcox, seconded by Mr. Dudley, to appoint George Faris as the Shelburne CCRPC representative. VOTE: unanimous )5-0)\; motion carried.

11. LETTER OF AGREEMENT FOR COMPUTER APPRAISAL LICENSE MOTION by Mr. Faris, seconded by Mr. Silcox, to renew the license for the Marshall Swift software program and to pay the State of Vermont the $135 per year charge. VOTE: unanimous (5-0)\; motion carried.

12. AUTHORIZATION TO EXECUTE CERTIFIED LOCAL GOVERNMENT GRANT AGREEMENT Mr. Bohne reviewed the annual grant received by the Historic Preservation and Design Review Commission to document Shelburne’s agricultural heritage. MOTION by Mr. Faris, seconded by Mr. Good, to authorize the Shelburne Selectboard Chairperson to execute the certified Local Government Grant Agreement as presented. VOTE: unanimous (5-0); motion carried.

13. VERMONT COALITION OF MUNICIPALITIES MEMBERSHIP Mr. Silcox reported that proposed Act 60 reform measures offered an alternative to the way the education tax was assessed, eliminated the sharing pool, and relieved the property tax burden. Mr. Silcox recommended the Town discontinue membership and authorize the Town Manager to withdraw from the Vermont Coalition of Municipalities. MOTION by Mr. Silcox, seconded by Mr. Faris, to authorize the Town Manager to withdraw from the Vermont Coalition of Municipalities membership, effective 12/31/03. DISCUSSION: Mr. Silcox clarified that the 12/31/03 date would allow Shelburne to honor the commitment to the Vermont Coalition of Municipalities. VOTE: unanimous (5-0); motion carried.

14. MINUTES MOTION by Mr. Silcox, seconded by Mr. Good, to approve the minutes of 06/10/03 and 61603 as written. VOTE: unanimous (5-0); motion carried.

15. MANAGER’S REPORT Mr. Bohne reported on the following items: • The Bostwick Road Bridge plans were posted in Town Hall for review. • VELCO would be invited to appear before the Board for further discussion regarding an Act 280 application. • A CLA property evaluation appeal was filed on behalf of the Town. The result was a reduction of $360,000 for a lower tax rate. The Board thanked Mr. Frankenburg for his fine work.

16. SELECTBOARD MEMBER CONCERNS Mr. Silcox mentioned setting the tax rate. Mr. Bohne replied that the tax rate was on the 07/08/03 meeting agenda. Tax bills would be sent out 07/15/03. Mr. Silcox suggested meeting once per month for July and August. Mr. Dudley said that he would be out of Town on 07/08/03. Mr. Good suggested sharing the Bostwick Road Bridge plans with Wake Robin. Mr. Bohne said that staff would call Wake Robin. Mr. Dates noted that several complaints were received regarding the Shelburne Museum concert events. This year’s schedule was set, but the Board should discuss the process for future events. Mr. Bohne said that the Town was involved with security and the permit was approved by the State of Vermont. The Town was approached by the promoter and Museum regarding security. The Town is reimbursed for services provided. A written permit was required from the Town. Mr. Dudley suggested having a dialog with the Shelburne Museum. Mr. Dates recalled that the Town had met with Shelburne Farms annually. It was noted Shelburne does not have a noise ordinance. Jerry Thornton, resident and Museum neighbor, stated the Shelburne Museum holds some type of event almost weekly, such as foot races, Boy Scout jamborees, pow wows. Other residents’ concerns were the ending times of events (11:00 p.m.), speakers aimed at the homes, and some starting times at 8:00 a.m. The Museum was not notifying the neighbors of events, and the Museum’s response to the neighbors was not appropriate. Mr. Dates said that the Board would set up a meeting with the Shelburne Museum.

17. EXECUTIVE SESSION MOTION by Mr. Dudley, seconded by Mr. Silcox, to enter Executive Session for the purpose of discussing personnel matters which would place the town at a disadvantage, and to invite the Town Manager to attend. VOTE: unanimous (5-0); motion carried. The Board entered Executive Session at 10:10 p.m.

18. LEAVE OF ABSENCE REQUEST - TOWN PERSONNEL MOTION by Mr. Faris, seconded by Mr. Good, to approve the request of Patrol Officer Terri McKnight for a one year leave of absence. VOTE: unanimous (4-0)\; motion carried.

19. ADJOURNMENT There being no further business before the Selectboard, the Chairperson adjourned the meeting. The meeting was adjourned at 10:45 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. Accepted, Stephen B. Dates Chairman