Selectboard Meeting Minutes

TOWN OF SHELBURNE
SELECTBOARD MEETING MINUTES
 JULY 8, 2003

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

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

OTHERS PRESENT: Maureen O’Brien, Julie Ann Bandur (Shelburne News).

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

2. APPROVAL OF AGENDA Added Agenda items: #5a, Appointment to the Natural Resources and Conservation Committee #6a, Capital Equipment Note for a Backhoe #10, VELCO update

3. CITIZEN PARTICIPATION There were no public comments.

4. PUBLIC HEARING ON THE PROPOSED AMENDMENTS TO SHELBURNE SEWAGE ORDINANCE RELATING TO INDIVIDUAL SEWAGE DISPOSAL SYSTEMS Mr. Bohne reviewed that proposed amendments to the Shelburne Sewer Ordinance would bring Shelburne into compliance with new state regulations and streamline the permitting process. The amendment would not open Shelburne to development due to soil types. The Town would hire an outside engineer to review sewer plans. There were no further Board questions/comments. MOTION by Mr. Silcox, seconded by Mr. Good, to approve proposed amendments to the Shelburne Sewage Ordinance relating to Individual sewage disposal systems as presented. VOTE: unanimous (4-0)\; motion carried.

5. APPOINTMENTS MOTION by Mr. Faris, seconded by Mr. Silcox, to appoint Sean McFaden to the Shelburne Natural Resources and Conservation Committee. VOTE:unanimous (4-0); motion carried. MOTION by Mr. Faris, seconded by Mr. Silcox, to appoint Jeff Nick as the Shelburne Chittenden County Regional Planning Commission Alternate. VOTE: unanimous (4-0); motion carried.

6. APPROVAL – MUNICIPAL LEASE/PURCHASE FOR POLICE DEPARTMENT VEHICLE Mr. Bohne reviewed the proposal for a vehicle lease/purchase for the Police Chief. MOTION by Mr. Silcox, seconded by Mr. Good, to approve a municipal lease/purchase for a police department vehicle via the Banknorth Leasing Corporation for $15,800, 4-year term, 3.6 percent interest. VOTE: unanimous (4-0); motion carried. Mr. Bohne reviewed the proposed backhoe/loader purchase. The Town would secure a one-year loan at 2 percent interest with the Chittenden Bank for $53,400 (the amount remaining after trade-in). At the end of the first year, the loan would be renewed via a revolving loan with the State program. Mr. Frankenburg clarified that the Chittenden loan was for one year. The State would only accept loan applications in October. MOTION by Mr. Silcox, seconded by Mr. Good, to approve a one-year term loan with the Chittenden Bank for $53,400 at 2 percent interest for the purchase of a John Deere backhoe and loader. VOTE: unanimous (4-0); motion carried. The Board signed the appropriate documents.

7. SET FISCAL YEAR 2003-2004 TOWN AND SCHOOL TAX RATES Mr. Frankenburg reviewed Shelburne Town property tax calculations and comparisons of FY02/03 to FY03/04 as well as the estimated Grand List (municipal and education) as of the completion of reappraisal grievances. There were further reductions expected to the Grand List once the appeal process was complete. A Town tax rate of $0.395 and an educational tax rate of $1.406 for a total tax rate of $1.801 were proposed. There was a one-year lag in the state calculations regarding CLA. Next year, the new Grand List based on a three-year rolling average of sales would be used. MOTION by Mr. Silcox, seconded by Mr. Good, to set the Town of Shelburne tax rate for FY03/04 at $1.801. FRIENDLY AMENDMENT that the FY03/04 tax rate would be set at $0.395 Municipal and $1.406 for Education. VOTE ON MOTION AS AMENDED: unanimous (4-0); motion carried. Mr. Frankenburg noted that tax bills would be sent out 07/15/03. A notice regarding a change in the tax payment process would be mailed with the bills (payment must be received at the Town Offices by the due date). Mr. Bohne said that when the property tax payment policy was changed, it did not include water and sewer bills. For continuity, the Board should set policy to include water and sewer payments due at the town offices on the due date. MOTION by Mr. Faris, seconded by Mr. Good, to amend the property tax payment policy that the receipt of water and sewer bills must be received in the Town Office on the due date versus when postmarked. VOTE: unanimous (4-0)\; motion carried.

8. MINUTES OF 06/24/03 Tabled until the next meeting to allow for review.

9. MANGAER’S REPORT EPA grant money ($100,000) would be available in the fall for implementation of engineering work for storm water mitigation in Chittenden County. Funding would pay for one-half to one-third of the (Hullcrest) project. The grant would be administered by Champlain Water District.

10. SELECTBOARD MEMBER CONCERNS Mr. Silcox asked if documents, which transferred the Village Center to the Town, had been executed. Mr. Bohne replied not at this time. Mr. Silcox reported that the CCMPO TIP vote was scheduled next Wednesday. The Bay Road and Bostwick bridges were included. No date for the projects or funding was set at this time. Mr. Faris noted that $1.5 million in federal funds was added to the TIP for the Colchester/Burlington pedestrian/bike Bridge. Mr. Silcox asked how the Board would like (Mr. Silcox) to vote. There was discussion regarding benefits of a $3.9 million bike bridge to Shelburne, reasons for the high cost (there were old bridge abutments to clear, the Winooski River was shallow at that point and the bridge must be heightened for sailboat passage, and the path must be elevated over wetlands on the Colchester side), any downside to Shelburne if the CCMPO TIP was approved as amended (extra $1.8 million federal and state funds), whether the current bike ferry was adequate and if a bridge was really necessary, and the source of funding and impacts. Mr. Silcox would check to see if Burlington or Colchester would contribute to the cost of the proposed bridge. Mr. Silcox and Mr. Dates spoke in favor of the TIP. Mr. Faris reported that he had attended a Shelburne Natural Resources and Conservation Committee (NR&CC) meeting. Issues noted by the NR&CC included not being aware the LaPlatte River site was under consideration for a proposed recreation field until a week before the Selectboard vote. The committee felt they were ignored. It was suggested a joint Selectboard and NRC&C special meeting should be held on an annual basis. Mr. Silcox noted the recreation project has to be permitted and there was still time in the process for changes and input. The second Selectboard meeting in July was scheduled for a joint meeting with the NR&CC. Mr. Faris reported that the CCRPC was forming a Transition Committee to guide the CCRPC/CCMPO merger. There would be one policy making group for each entity. Mr. Silcox asked if staff wrote a letter of notification to the Coalition of Municipalities regarding membership. Mr. Bohne replied that staff had written a letter. Mr. Dates requested an update on the VELCO project. There was discussion of the proposed route along the railroad right-of-way and a right-of-way expansion from the current 60 feet to 100 feet. Charlotte forwarded concerns and scheduled a meeting on July 11, 2003, at Gillian’s. Copies of the VELCO proposal summary were provided to the Board. Mr. Dates suggested contacting the NRC&C and inviting the VELCO representative to a Selectboard meeting. There was further discussion about who should take the lead – the Planning Commission or the Selectboard. Mr. Bohne and the Town Attorney would review the Act 248 proceedings if the Town should file. The Planning Commission can hold hearings for the 248 proceedings, but can not deny or approve an application. Recommendations can be made to the Act 248 Board. The Town would have to understand the process first. Mr. Faris noted that the Selectboard could hire a consultant/engineer to explain the process. Mr. Dates would like to see a presentation. Mr. Silcox would like to see a change of route through Shelburne, and if VELCO would abandon the existing line or not. Mr. Bohne said the timeline was unclear as well.

11. EXECUTIVE SESSION MOTION by Mr. Silcox, seconded by Mr. Faris, to enter Executive Session for the purpose of discussing litigation and personnel matters which would place the town at a disadvantage, and to invite the Town Manager to attend. VOTE: unanimous (4-0); motion carried. The Board convened Executive Session at 8:25 p.m.

12. ADJOURNMENT There being no further business before the Selectboard, the Chairperson adjourned the meeting 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. Accepted, DRAFT Stephen B. Dates Chairman

TOWN OF SHELBURNE
SELECTBOARD MEETING MINUTES
JULY 22, 2003

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

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

OTHERS PRESENT: Steve Baietti, Bill White, Hilda White, Dick Reid, Andrea Van Hoven, Becky Wang, Sean McFaden, Elaine Dates, Julie Ann Bandur, Shelburne News.

EXECUTIVE SESSION The Board met in Executive Session at 6:30 p.m. for the purpose of discussing personnel matters where premature knowledge would place the Town at a substantial disadvantage and invited the Town Manager and Natural Resources and Conservation Committee members to attend. The Chair adjourned Executive Session at 7:34 p.m.

1. CALL TO ORDER REGULAR MEETING Steve Dates, Chairperson, called the regular meeting to order at 7:35 p.m.

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

3. CITIZEN PARTICIPATION Steve Baietti, Bay Road resident, expressed concern about the proposed VELCO upgrades and re-routing of poles. Mr. Baietti explained that VELCO already had a pole 15 feet into his backyard. VELCO was suggesting moving another pole 50 feet farther into his yard. The existing pole was adequate for VELCO’s use. Mr. Baietti said that he had discussed his concerns regarding the VELCO language and right-of-way with the Town Manager. Mr. White questioned an additional proposed bike path to Hullcrest. The path was redundant since sidewalks and a bike path were proposed along Route 7, said Mr. White. Mr. Dates explained the proposal was discussed with the Path Committee and noted that there were safety issues and incomplete sections (on Route 7) to consider. Mr. White asked if the Path Committee, or Town staff, had conducted ecological plant and wildlife surveys. Mr. Bohne replied that archeological and other surveys were done, and structured reviews were required by federal granting agencies. Hilda White asked why the barrels located on Old Route 7 were used. They were dangerous, and the lanes could be marked with a left turn only lane and a straight-ahead lane. Mr. Bohne said that it was a wide intersection that was confusing motorists. The barrels were used as reflective “posts” to guide motorist around the intersection. The barrels were going to be used at another project soon.

4. ROLE OF THE NATURAL RESOURCES AND CONSERVATION COMMITTEE – Discussion Mr. Dates noted that the role of the Natural Resources and Conservation Committee (NR&CC) had been a topic of discussion in Executive Session. Bylaws were one issue. There was discussion regarding NR&CC bylaws, which were operational, or a charge, that the Selectboard would put in place. Mr. Faris suggested staying away from “bylaws”, or a “charter”, which had legal connotations. The NR&CC should have a set of operating policies versus bylaws, said Mr. Faris. The NR&CC would forward a draft charge to the Selectboard for review. Ms. Van Hoven noted the NR&CC was in the process of crafting an Open Space Plan, which would not be ready until the fall. There was an open position on the committee, said Ms. Van Hoven, and requested that a formal appointment be deferred to August/September so that the plan process would not be delayed. Mr. Dudley suggested appointing a member to go through the open space planning process as a positive learning experience. Mr. Dates reviewed three areas for NR&CC input: 1. NR&CC and Historic Review members to serve on a committee to shape the proposed LaPlatte Nature Recreation field plan. 2. VELCO application. 3. Town Plan update related to CCRPC build-out analysis and zoning regulations (or trends) to meet needs of 20-year population projection for Town services. A joint Selectboard/NR&CC meeting was suggested for early August.

5. APPOINTMENT MOTION by Mr. Good, seconded by Mr. Silcox, to appoint Barbara Hamblett to the Historic Preservation and Design Review Commission. VOTE: unanimous (5-0); motion carried.

6. REQUEST FOR FUNDING FOR LIBRARY VESTIBULE ADDITION Mr. Dates recused himself. Mr. Silcox, Acting Chairperson, introduced Elaine Dates, Pierson Library representative. Ms. Dates reviewed a Pierson Library Trustee letter, dated 05/22/03, regarding a proposal for a vestibule addition to the front entrance of the library. The Trustees would use $5,000 from the Foundation Fund and solicit money from the community as well as in-kind gifts. The Trustees were seeking Board approval for an additional $5,000. Ms. Dates showed an architect’s drawing of the proposed vestibule. The entrance would temporarily shift to the west doors, which were ADA compliant. Completion was targeted for the end of September, or early October. Mr. Bohne noted that there was $14,000 in the Board Discretionary fund. MOTION by Mr. Good, seconded by Mr. Dudley, to allocate $5,000 from the Selectboard Discretionary fund to be utilized for the Pierson Library Vestibule project as presented. VOTE: 4 ayes, one absention (Dates); motion carried. Mr. Dates re-joined the Board.

7. CVU BOARD MEMBER APPOINTMENT – Discussion Mr. Bohne reviewed that there were no candidates seeking the CVU Board member position at this time. The term would run until the March Town Meeting. An advertisement for the position would appear in the Shelburne News. Staff would send a note to the CVU Board for candidate suggestions.

8. SEWER ALLOCATION REQUEST MOTION by Mr. Silcox, seconded by Mr. Dudley, to grant Kristine Engstrom an allocation of 210 gpd for a lot at 7 Harbor Road; an Aid-In-Capacity Fee must be paid in the amount required at that time prior to receiving a building permit. VOTE: unanimous (5-0); motion carried.

9. APPROVAL OF MINUTES JUNE 24, 2003 MOTION by Mr. Faris, seconded by Mr. Silcox, to approve the minutes of 06/24/03 as written. VOTE: unanimous (5-0)\; motion carried. JULY 8, 2003 MOTION by Mr. Faris, seconded by Mr. Silcox, to approve the minutes of 07/08/03 as written. VOTE: unanimous (5-0); motion carried.

10. MANAGER’S REPORT Mr. Bohne reported that the Shelburne Police Department received first place in a grant competition for seatbelt safety/child restraints projects. The department was awarded a radar gun. A Selectboard meeting was scheduled for 08/06/03 at 7:00 p.m. regarding the VELCO application. NR&CC and Planning Commission members would be invited to act as the hearing body.

11. SELECTBOARD MEMBER CONCERNS Mr. Silcox expressed concern about the Champlain Water Board vote (07/22/03) that was not well advertised. Better communication was needed. On other matters, Mr. Silcox reported that a boardwalk through Delta Park drove a portion of the high cost of the proposed Burlington/Colchester Bike Bridge. The cost was expected to increase and there was concern that other MPO projects would be impacted. Mr. Silcox would contact Bill Knight for further information. Mr. Silcox commented that the Town should work with “neighbors” in a positive and sensitive manner. Mr. Dates reported that a letter was received from Mr. and Mrs. Rushford expressing their concerns about a proposed (Hullcrest) bike path.

12. EXECUTIVE SESSION MOTION by Mr. Silcox, seconded by Mr. Good, to enter Executive Session for the purpose of discussing personnel matters where premature knowledge would place the Town at a substantial disadvantage and to invite the Town Manager to attend. VOTE: unanimous (5-0); motion carried. The Board entered Executive Session at 8:50 p.m.

13. 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. Accepted, Stephen B. Dates Chairman