Selectboard Meeting Minutes

TOWN OF SHELBURNE
SELECTBOARD MEETING MINUTES
AUGUST 12, 2003

MINUTES ARE SUBJECT TO CORRECTION BY THE SELECTBOARD. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE BOARD.

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

STAFF PRESENT: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer, Betsy Cieplicki, Recreation Director

OTHERS PRESENT: Don Hay, Russ Caffry, Dick Reid, Sue Dixon, Todd Silk, Jeff Parker, Jan Gannon, Joe Hameline, Kathleen Conlin, Betty Nowocienski, Andy McClellan, Holly Brough, Bruce Beekin, Sondra Brooker, Terry Taylor, Elaine Bacon, Tom Bacon, Julie Ann Bandur (Shelburne News), Peggy Coutu, and others.

EXECUTIVE SESSION The Selectboard entered Executive Session for the purpose of discussing Negotiations, which would place the town at a disadvantage, and invited the Town Manager to attend. The Chairman adjourned Executive Session at 7:03 p.m.

1. CALL TO ORDER (regular meeting) Steve Dates, Chairperson, called the meeting to order at 7:08 p.m.

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

3. CITIZEN PARTICIPATION There were no public comments.

4. STORM WATER DISCUSSION – Status of Permits and Future Policies Mr. Bohne explained that a Watershed Improvement Plan (WIP) was issued for improvements to the Hullcrest and Longmeadow developments, and noted that four other towns had their WIP appealed to the Water Resources Board. Shelburne's WIP was not appealed, but state notices were expected. Trudell Associates was hired to conduct (Shelburne's) WIP study, and a final report would be forwarded. Fourteen other five-year stormwater permits issued to developers in town have expired. The State of Vermont was looking at the issue of renewing the permits. Liability relative to real estate sale title searches was unknown. Mortgage holders/lenders were concerned. Also, there was a question of who was responsible for storm water systems in or outside of town right-of-ways. Staff was suggesting consideration of a storm water utility on a user fee basis. Legislation establishing a utility was passed in 2003. South Burlington was forming a stormwater utility and there has been discussion regarding a regional storm water utility. Mr. Caffry, Bay Colony resident, explained that Bay Colony has had a problem with real estate closings, and one attorney has discovered a lapsed permit, which will become a bigger problem. There was discussion of developments from the 1970s that were exempt (Hullcrest), those developments without permits versus permitted neighborhoods and a question of fairness, long term solutions for a local issue (Bay Colony may have off site swales), storm water management for lake property versus non lake property (should be treated the same), time lines (none from the State), and a $100,000 WIP grant that would cover 50% of the cost of the Hullcrest/Longmeadow WIP. Mr. Bohne said the Town was waiting for guidelines from the state. Agricultural runoff was not included in the discussion, but the State was working with farms to curtail storm water runoff.

5. STATUS REPORT ON PLAYING FIELDS DESIGN Mr. Dates reviewed comments from a public meeting on 8/6/03 regarding where recreation fields should be located. Mr. Dates narrated an overhead presentation on the Regional Planning Commission analysis on residential and non-residential build-out of Shelburne, the proposed time frame for identifying potential Town capital projects and related budget cycles, and a potential survey to gather town input for recreation field design cost estimates. Sue Dixon, resident and Natural Resources and Conservation Commission member, recalled at the 06/24/03 meeting, there was a selection of multiple recreational field sites, and at the 07/28/03 meeting, the Falls Road site was selected. Site selection needs additional public opportunity for input in order for the project to move forward. Ms. Dixon had a petition to circulate and expressed concern over the selection of town open space (LaPlatte Nature Park) for recreation fields. Kathleen Conlin, resident, spoke strongly to keep the LaPlatte Nature Park open. Before costing out recreation fields there, the Town should have public input first. Ms. Conlin asked if there were civil engineering design estimates on other recreation field sites, or if the Town was only looking at the LaPlatte site. Mr. Dates explained the three-month selection process, which resulted in the selection of the LaPlatte site. The Board was willing to revisit the selection, but did not want to stop the process. Ms. Conlin asked how public information could be broadcast before spending any money on a design. Jeff Parker, resident, explained the selection committee looked at 13 properties and narrowed it to one. The Blodgett property was under a ten-year lease and other sites were not for sale. Ms. Gannon, resident, commented the Town has a commitment to open space and she felt like the community was listened to. Ms. Gannon suggested having fields in several sites rather than five fields in one area. Ms. Dixon said the NR&CC was working on an Open Space Plan in tandem with the Selectboard recreational fields project. The key was to align recreation fields with open space planning. There was a disconnect at the June 10th meeting. By May 29th, the Falls Road site was first mentioned. This was a concern, reiterated Ms. Dixon, that not all sites in town were given due consideration, or that conserving open space was a priority in town. Mr. Dates explained the need for a cost estimate, which was the cost for a field versus a particular site. Mr. Dates said he was hearing that the recreation field portion of the analysis was a concern versus the build-out or a budget cycle. Mr. Hameline spoke in favor of moving forward with an estimate for design. There was further discussion regarding the cost of the Blodgett parcel, which required under drainage and was unavailable (the Town received letters from the State and ANR saying no permits would be issued for that site), the LaPlatte Nature Park acreage and use, and potential for school expansion at the Longmeadow site (School Board plans were unknown and a recreation field could not be built without a school). Mr. Beekin suggested showing cost comparisons for three fields on the Museum property, two fields at LaPlatte, and a future school/recreation field, with a built in project to scale. There was a review of the Davis Park traffic concerns, approximate recreational field estimate differential costs, which could be 'transportable' no matter where fields were built, the Longmeadow site, which could not be used for fields unless a school was built, concentrating development within the village/sewer districts, and professional assistance to create a survey to explore the ultimate number of fields needed, what it would cost and if the Town would support the costs. Ms. Dixon said that the scale (at LaPlatte) was a primary concern and she would like to be involved in the design. One field (at LaPlatte) was negotiable versus one field that looked like a 'toehold' to expand to five fields. Ms. Dixon said she was in favor of working together, identifying one field site at LaPlatte, conservation easements on LaPlatte, and identifying potential use at Blodgett. Mr. Bohne explained the Steering Committee and public input process. Ms. Dixon stated she would be interested in serving on the Steering Committee.

6. FIRST READING – Amendment to Sewage Ordinance Relating to Individual Sewage Disposal Systems MOTION by Mr. Silcox, seconded by Mr. Good, to approve the Amendment to the Sewage Ordinance, Section 3110, as written, dated 08/12/03\; and to warn a public hearing on 08/26/03. VOTE: 4-0\; motion carried.

7. ERRORS AND OMISSIONS MOTION by Mr. Silcox, seconded by Mr. Dudley, to approve an Error and Omission, dated 07/30/03, for TR Ronald and Antoinette Bouchard, 208 Clearwater Road, to change the acreage from 1.41 acres to 1.21 acres and correct the assessment to read $805,000. VOTE: unanimous (4-0); motion carried.

8. APPROVAL OF CAPITAL EQUIPMENT NOTE MOTION by Mr. Good, seconded by Mr. Silcox, to approve a one-year Capital Equipment Note for $10,666, with an interest rate of 2 percent, for Renewal for Equipment Lift and Alarm Panel - Final Payment 2004/2005. VOTE: unanimous (4-0)\; motion carried.

9. APPROVAL OF CAPITAL EQUIPMENT NOTE MOTION by Mr. Silcox, seconded by Mr. Good, to approve a one-year Capital Equipment Note for $4,000 Renewal for the Recreation Department Truck - Final Payment 2004/2005. VOTE: unanimous (4-0)\; motion carried.

10. DISCUSSION OF RECENT HEARING ON VELCO UPGRADE PROJECT Mr. Dates reported that he attended a VELCO presentation and opportunity to tour the proposed route through Shelburne. Solutions were suggested to bury the lines from Harbor Road to Route 7 and the Route 7 Bridge in conjunction with the Route 7 highway project. Mr. Bohne reported that there was potential to relocate the line in Davis Park farther west and west of the Natural Conservation land to the Bay Road Bridge and along the railroad right-of-way. Mr. Silcox said rebuilding the substation should be considered with Evergreen screening, and increasing the parking spaces near the TiHaul Road. Also, the specifications call for 18-inch poles. Information regarding carcinogenic pole preservatives should be requested. Mr. Bohne said the Planning Commission may hold a public hearing, but state statutes do not require site plan or Planning Commission approval. Staff would summarize issues and ask for a response from the VELCO representative, Tom Dunn. Dick Reid, resident, said he understood that a substation alternate site was already suggested, and asked what role the Shelburne Selectboard would take regarding changes in the plan before the application appears before the Public Service Board. Mr. Dates said staff would write a letter regarding two routes (TiHaul road and Davis Park), and request a formal answer regarding pole treatment. Mr. Reid suggested that the TiHaul route be staked out to see if the road has to be moved, which might require a re-negotiation with Sterns/Tiballi. A buffer would be needed between the TiHaul Road and the chain-link/barbed wire fence, said Mr. Reid. Mr. Bohne said the Town has filed for party status at the hearings. A Public Service Board decision was expected in June 2004.

11. APPROVAL OF MINUTES MOTION by Mr. Silcox, seconded by Mr. Dudley, to approve the minutes of 07/22/03 as written. VOTE: unanimous (4-0)\; motion carried.

12. MANAGER'S REPORT A written Manager\'s Report was included in the Selectboard packet for review.

13. MEMBER'S CONCERNS Mr. Silcox asked for an update on the CVU appointment. Mr. Bohne reported that there had been one inquiry, which was referred to Bob Mason. An advertisement was placed in the Shelburne News. Mr. Silcox asked that CCTA be invited in for a discussion. Mr. Dudley asked about the status of payment of the Agency of Natural Resources fine for sewer plant violations.

14. ADJOURNMENT MOTION by Mr. Silcox, seconded by Mr. Good, to adjourn the meeting. VOTE: unanimous (4-0); motion carried. The meeting was adjourned at 9:50 p.m.

Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Accepted, Stephen B. Dates Chairman

TOWN OF SHELBURNE
SELECTBOARD MEETING MINUTES
AUGUST 26, 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; Dean Pierce, Town Planner.

OTHERS PRESENT: Nancy Bush, Grant Bush, Andrea Van Hoven, Bill Fucci, Dick Reid, Julie Ann Bandur (Shelburne News), and others.

EXECUTIVE SESSION The Selectboard entered Executive Session at 6:30 p.m. for the purpose of discussing contract negotiations, which would place the town at a disadvantage, and invited the Town Manager to attend. The Chairman adjourned Executive Session at 7:24 p.m.

1. CALL TO ORDER (regular meeting) Steve Dates, Chairperson, called the regular meeting to order at 7:25 p.m.

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

3. CITIZEN PARTICIPATION Dick Reid, resident, complimented the Selectboard on the Town webpage, which also posted draft minutes of meetings. There were a few corrections regarding the VELCO discussion as reported in the minutes of 08//12/03.

4. PROPOSED AMENDMENT TO THE SHELBURNE SEWAGE ORDINANCE RELATING TO INDIVIDUAL SEWAGE DISPOSAL SYSTEMS - PUBLIC HEARING Mr. Bohne reviewed the recently amended Shelburne Sewage Ordinance related to individual sewage disposal systems. The ordinance was reviewed by the State. MOTION by Mr. Faris, seconded by Mr. Good, to approve the proposed amendment to the Shelburne Sewage Ordinance relating to individual sewage disposal systems as proposed. VOTE: unanimous (4-0); motion carried. The Selectboard signed the appropriate documents.

5. SHELBURNE INTERFAITH HOUSING VCDP GRANT ADMINISTRATION – Execution of documents/resolution for continued grant funding for the project Mr. Bohne explained that HUD required the Town to have the listed policies as presented in place. MOTION by Mr. Faris, seconded by Mr. Good, to adopt the following Municipal policies and codes as presented: 1. Equal Employment Opportunity Policy 2. Fair Housing Policy 3. Use of Excessive Force Policy 4. Code of Ethics Policy 5. Use of VCDP Funds Policy 6. Drug Free Work Place Policy VOTE: unanimous (4-0); motion carried.

6. OPEN SPACE PLAN - Discussion Andrea Van Hoven, Natural Resources and Conservation Commission Chairperson, reported on the status of the draft Open Space Plan. A presentation of the final draft would be done at a September Selectboard meeting. Discussions regarding the proposed plan have been held with the Planning Commission that included a definition of open space, consideration of different terminology as “conserved land”, a vision, policy recommendations (funding, development review, etc), institutional changes, and determining top priorities (water quality, protection, scenic vistas, wildlife habitat, passive recreation, and identifying land adjacent to already conserved land). Ms. Van Hoven introduced Sean Murphy, consultant, who was working on a list of open space benefits. There was discussion regarding active recreation versus passive recreation and if conservation funds could be used to purchase land for active recreation (i.e.\; Shelburne Museum land). Also discussed were expanding definitions to include active recreation, sub-categorizing definitions to meet State and regional definitions, and how the Town recreation plan was related to open space. Ms. Van Hoven said that recreation should be covered under other Town funding resources. Mr. Faris asked if Conservation funds could be used to buy “density” from a developer. Mr. Dates noted that cluster development was practiced to preserve open space. Mr. Faris suggested de-coupling the funds from the open space definition. Another NR&CC member noted that not all open space was equal and asked how that could be categorized. Mr. Dates said that the open space plan should identify what “open space” funds would be used for. Mr. Murphy asked if the Town was trying to define open land as any open, undeveloped land. Mr. Good pointed out that there were 1,800 dwellings (still to be built) according to the Build-Out Analysis, and the analysis did exclude conserved land. There was discussion of the number of acres already conserved (Town Planner should identify conserved parcels) and using GIS mapping as a tool to provide a snapshot of acreage conserved. Mr. Pierce noted that the draft Open Space Plan was linked to the Town webpage.

7. NATURAL RESOURCES AND CONSERATION COMMITTEE OPERATING PROCEDURES - Discussion Mr. Dates said that Mr. Silcox and Mr. Dudley were working with the Natural Resources and Conservation Committee regarding operating procedures. A draft was due in November. Mr. Dudley reported they were simply clarifying a format. Mr. Faris suggested tabling discussion until there was progress/information to present. Ms. Van Hoven said the next NR&CC meeting was scheduled for Tuesday, 09/02 /03, and asked to be placed on the October Selectboard agenda.

8. ERRORS AND OMISSIONS MOTION by Mr. Dudley, seconded by Mr. Good, to accept the Errors and Omissions Report from the Shelburne Assessor, dated 08/26/03, for 239 Winter Haven Road, regarding a reduction in square footage, changing the assessment from $384,100 to $378,100. VOTE: unanimous (4-0); motion carried.

9. SEWER ALLOCATION Mr. Bohne reviewed a request by William and Lynette Raap for sewer allocation. The Raaps were currently on a septic system and the property is a pending sale. Connection to the town system if needed is requested. An allocation might not be needed if an engineering study shows there is adequate separation between the water and septic system. The Board could condition the allocation to say if it was not needed, then the Town could withdraw the allocation. The property does not abut Webster Road, and would have to hook up across private property. Currently, the Town ordinance states a party has to tie into the Town system if the line goes by the property. MOTION by Mr. Good, seconded by Mr. Dudley, to grant a request for sewer allocation to William and Lynette Raap for 210 gpd for a residence at 163 Old Stage Lane, and if the applicant decides not to connect at this time, the allocation will be administratively withdrawn, and further, prior to connection, an aid-in-capacity fee must be paid in the amount required at the time of connection. VOTE: unanimous (4-0); motion carried.

10. APPROVAL OF CAPITAL EQUIPMENT NOTE FOR HIGHWAY DEPARTMENT TRUCK: $55,400, CHITTENDEN BANK, 1 YEAR AT 2.0% INTEREST Mr. Bohne reviewed that a Town Highway Department truck was budgeted to be purchased this year. Delivery was expected to be on time. There are sinking funds set aside for equipment purchases. MOTION by Mr. Good, seconded by Mr. Dudley, to approve the Capital Equipment note for a Highway Department truck for the amount of $55,400 from the Chittenden Bank for a one-year note at two percent interest. VOTE: unanimous (4-0)\; motion carried.

11. APPROVAL OF MINUTES – 08/12/03 MOTION by Mr. Good, seconded by Mr. Dudley, to approve the minutes of 08/12/03 with the following corrections/additions: Page 2, 4th paragraph, 1st sentence - change to read “…former Natural Resources…”; Page 4, 2nd paragraph, 1st sentence - Mr. Reid requested a change to the sentence to read: “…understand an alteration to the existing substation site was already suggested.”\; 2nd sentence - change to read: “…staff would write a letter to Tom Dunne, VELCO representative, regarding two routes: across the Pizzigalli property to the railroad, and a second alternate route westerly of Fletcher Lane/Shelburne Park development, or burying the line along Bay Road and Route 7.”. VOTE: unanimous (4-0)\; motion carried.

12. MANAGER’S REPORT Mr. Bohne reported on the following items: • The Shelburne Bay Fishing Access work would start next week. • Twilight Bay was now officially named “Twilight Bay”.

13. MEMBER’S CONCERNS Mr. Good asked if the public would be allowed to use the fishing access ramps. Mr. Bohne said that would be inconvenient, but the area would be open. Mr. Faris asked if the Board would discuss VELCO alternate routes at some point. There was the issue of the line that ran north of the railroad tracks. Mr. Dates reported that at the VELCO meeting, wetlands had been discussed. Mr. Faris reiterated that time should be reserved to invite the VELCO representative to a Board meeting, and authorize the Town Manager to write a letter to the Public Service Board as well regarding what route the Selectboard would support. Mr. Dates noted that VELCO was looking at acquiring easements now and the Town may have choice (of routes). Mr. Faris spoke in support of following the TiHaul Road route, and to avoid wetlands. Mr. Good spoke in support of burying the line along Route 7. Mr. Dudley supported burying the line along Bay Road and then along the railroad. The Town Manager will write a letter to the VELCO representative and ask for a timeline for a response, and follow up the letter with a telephone call. The letter would outline identified areas of interest to the Selectboard and invite the representative for further discussion. Mr. Reid said there were legal notices posted regarding three public hearings to be held in Barre (09/04/03), Brandon (09/29/03), and Charlotte (09/30/03). The Public Service Board would be in attendance.

14. ADJOURNMENT MOTION by Mr. Good, seconded by Mr. Faris, to adjourn the meeting. VOTE: unanimous (4-0); motion carried. The meeting was adjourned at 9:15 p.m.

Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Minutes accepted, Stephen B. Dates Chairman