Selectboard Meeting Minutes

TOWN OF SHELBURNE
SELECTBOARD MEETING MINUTES

SEPTEMBER 9, 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: Tom Bergeron, Jessica Ennis, Hank Warren, Nancy Warren, Judy Guden, Fenn Rider, Emily Morrow, Derrick Senior, Gillian Senior, Frederick Peyser, Andy Simmons, Jerry Francis, John Pizzagalli, Michael Wurth, Amy Gregory, Peter Linton, Kevin O’Brien, Dick Reid, Gail Henderson-King, John Powell, Pat Willis, Susan Davis (Shelburne News), and others.

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

2. APPROVAL OF AGENDA Changes to agenda: 9a, Block Grant - Anti-displacement and Relocation Policy 9b, Relief from Penalty for Delinquent Property Taxes

3. CITIZEN PARTICIPATION There were no comments.

4. VELCO UPDATE – Discussion Mr. Dates reviewed a Town Manager letter, dated 09/04/03, to Tom Dunn, VELCO Project Manager. Mr. Dunn assures the Town that concerns and issues would be addressed before the end of the month. Mr. Faris identified two issues: Bay Colony and the northern boundary of the Blodgett property are wetlands\; leaving the VELCO line along the TiHaul trail should the town ever use the Blodgett property for a recreation field. The Town Manager’s letter was an opening for negotiations with VELCO. If there were no negotiations, then the next step might be the Public Service Board (PSB). Mr. Faris noted there were experts who could present the Town’s position to the PSB. Mr. Good suggested that the lines go underground from the substation along the railroad tracks, Bay Road and Route 7. There was concern for the health of the residents. Cost of burying the lines is an issue. Mr. Dudley asked for factual information and references regarding technical data. Mr. Dates said he was concerned about placing treated poles in wetlands, and about the type of breakers noted in the plans. There would be cost sharing among the states for a transmission line grid that would serve Massachusetts or Vermont, not New Hampshire. Mr. Good said it would be helpful if VELCO’s meeting schedule was published. PUBLIC COMMENTS Andy Simmons, Palmer Court resident and former Environmental Scientist, provided epidemiological data gathered from the Internet and reviewed studies regarding electromagnetic field (EMF) and extremely low frequency (ELF) impacts on health, including health hazards such as childhood leukemia. Mr. Simmons said the proposed line would pass 50 feet from his doorstep. Regarding wetlands issues, if the lines were buried, then they must be cooled with oil. Mr. Simmons passed out copies of an article entitled “Power Has and Has-nots”. In response to Board questions Mr. Simmons said that Vermont would pay a share of any upgrades to the grid down through the system, though Vermont uses less than 5% of the power. Mr. Simmons would forward state council comments to the Board. States were looking at what were “safe” levels regarding EMF. Animal studies measured a steady flow, but natural levels fluctuated depending on dry or wet conditions. Northern California was beginning a study to measure effects on families along existing grids. Frederick Peyser, Director of Vermont Citizens for Safe Energy located in Monkton, said that they were successful in keeping additional transmission lines out of Monkton due to health concerns. Evidence was building up over the last 20 years regarding health hazards. EMF lines fall into Category 2b and he noted that there were alternatives, such as placing lines away from residents. The burden of proof (risk) should be shifted to VELCO versus citizens. Jessica Ennis, 169 Palmer Court, said she moved to Shelburne for aesthetics and lives close to the line. Ms. Ennis was concerned with the affect treated poles had on wetlands and pesticides had on the land. The plans called for the line to be buried near the Waldorf School, therefore, there must be a danger to health. California will not allow lines near schools. Property values would also be affected negatively, which would mean that Shelburne would receive less in property taxes. Lines were an eyesore and views toward the lake would not be as nice. Ms. Ennis asked if there would be a nuisance humming noise from the line. Kevin O’Brien, resident, expressed concern regarding health hazards. Vermont was a tourist state and Shelburne was beautiful. Mr. O’Brien said he would not have move here from Boston if the poles had already been in place. Derrick Senior, Pine Haven Shore Road, agreed with Mr. O’Brien and said he learned about the VELCO proposal two weeks ago. Mr. Senior expressed concern he had not heard about it before then. He had started searching the web for information and noted that www.shieldus.com was a good website. Mr. Senior said he understood that deals and plans were made, and lines going up this spring. Other issue regarded aesthetics. Mr. Senior said he was a photographer and took photographs of key Shelburne and Charlotte views then superimposed power lines with the proposed 60-foot poles. The Board viewed the photographs. Dick Reid, resident, endorsed Mr. Peyser’s caution to keep an eye on the big picture. The Board has a responsibility to look into routing the line and issues beyond. Mr. Reid thanked the Board for addressing the wetlands issue (almost the entire line has wetland issues, not just the Blodgett area). Macabe’s Brook was a federally mapped flood plain. The proposal would move the line 28 feet to the west, which wipes out the TiHaul trail, and would be 30 feet to the east on the banks of Macabe’s Brook. Then, the line goes through Harbor Crossing and the conservation marsh. At Fletcher Lane, the line moved through a federally mapped flood plain to the Charlotte line. Gillian Dorfman, Bay Colony, stated she was not aware of what was happening. She has listened to alternate routes, and she was concerned about falling into a trap of “not in my backyard”, however, residents should have a say where the line goes. Emily Morrow, Pine Haven Shore Road, thanked the Board and noted that the Board had a lot of plates to juggle, including financial constraints and taxes. Ms. Morrow suggested forming a subcommittee with one Selectboard, Planning Commission and Natural Resources and Conservation Committee member each. The ad hoc committee could be charged with working to educate themselves regarding view sheds, toxic issues, EMF, FFG breakers, the best available technology, and bringing that information to the full Board with recommendations. The committee could also represent the Town in an advisory capacity at PSB hearings. There was concern in the Town Manager’s letter that hinted the Town might not have much input in the VELCO plans. Ms. Morrow said she had considered becoming an ‘interventionist’, but it was expensive. A committee in Charlotte was working well, and the Town could collaborate with Charlotte for economy of scale regarding cost sharing/expenses (hiring an independent municipal expert). The Town can not assume VELCO experts were truly independent. Also, the Town’s legal counsel must be experienced to advocate on these matters. Ms. Morrow noted that she just found out about the plans ten days ago and she lives 150 feet from the line. Community involvement would increase as information was shared. There was Board discussion regarding a course of action, adding the VELCO topic to a Board Retreat, the scheduled PSB public hearing in Charlotte on 09/30/03, the need for expert unbiased and legal counsel representation, determining what was a ‘safe zone’, and a potential citizen committee to research and bring information forward to the Board. There was further discussion regarding definition of line current and voltage levels, adequacy of notice to residents, a target date of 06/30/04 for a PSB decision, a citizen request for Board action prior to the next Selectboard meeting, a special meeting to appoint a subcommittee, and the need for a representative to attend the 09/30/03 PSB Charlotte meeting. The Board spoke in support of a subcommittee, with the understanding that the interests of others in Town must be balanced as well. The VELCO topic would be added to a Selectboard agenda prior to the Charlotte PSB meeting. Dorothea Penar said the Town has been asked (by VELCO) to take a risk and burden with little benefit to the community. During the Champlain Flyer discussions/negotiations, Ms. Penar said she worked with the MPO without a Selectboard representative, and then the Board got involved and improved quad crossings were put in. This was the community and residents must be listened to. If it costs more to bury the lines, that is a cost of doing business. The State should be involved as well. Mr. Bohne noted that the Town agendas were posted on the Town website. Use of a community network for dissemination of information was needed. Mr. Bohne asked Ms. Morrow to participate.

5. REQUEST FROM LAKE CHAMPLAIN HOUSING DEVELOPMENT CORPORATION FOR RELIEF FROM IMPACT FEES John Powell, Director of Lake Champlain Housing Development Corporation, reviewed the affordable housing project at Noonan House and on Cynosure Drive. Budgeting the project was the biggest challenge, said Mr. Powell, and there was a provision in the Town regulations for relief from impact fees. There were $138,000 in permit fees, and the corporation was seeking relief for $49,000 in direct impact fees and $66,000 in sewer upgrade fees. Mr. Dates explained that the Town has credited recreation fees in the past (Boulder Hill), and asked if the project was for medium or low-income housing. Ms. Willis clarified the projects would serve Chittenden County tenants with a gross annual income of $39,000 for a family of four. All the units were rental units (18 units on Cynosure Drive and two units at the Noonan House). Mr. Bohne said impact fees included an Education Impact Fee as well, which would fund future new schools. An Aid in Expansion fee would offset the sewer plant bond payment. Mr. Faris asked if the Town could declare that the proposal satisfies all affordable housing waiver requests. Mr. Bohne suggested criteria for the Lake Champlain Housing Development Corporation project should be different from the criteria for a private developer. The Town must set criteria for making a request and standards that meet the criteria. Mr. Powell provided a breakdown of the request. The corporation could work within a timeframe and criteria as decided by the Selectboard. Mr. Bohne said that the Town Planner could design criteria/standards for general as well as more specific waiver requests. Mr. Dates suggested a sub-category A for the Noonan House affordable housing project, and a more general set of criteria for others. MOTION by Mr. Good, seconded by Mr. Dudley, to delay a decision on the request by the Lake Champlain Housing Development Corporation for relief from impact fees while the Town Planner drafts a set of criteria to be established and approved by the Selectboard, and to continue discussion at the next meeting of the Board. VOTE: unanimous (4-0)\; motion carried.

6. APPROVAL OF EASEMENT TO VERMONT GAS FOR THE NOONAN HOUSE MOTION by Mr. Faris, seconded by Mr. Dudley, to grant an easement to Vermont Gas for the Noonan House and to authorize the Selectboard Chairperson to execute the document as presented. VOTE: unanimous (4-0)\; motion carried.

7. APPROVAL OF CHANGE OF SPELLING MOTION by Mr. Faris, seconded by Mr. Good, to approve the change of spelling for Chateguay Road to be changed to Chateaugay Road. VOTE: unanimous (4-0); motion carried.

8. SCHEDULE FOR FALL RETREAT Selectboard member will e-mail possible dates and potential topics for a Fall Retreat to the Town Manager.

9. DISCUSSION OF BUILD-OUT AND LONG TERM CAPITAL NEEDS Mr. Bohne said that a public presentation was scheduled for the October Selectboard meeting to gather data. Department heads are compiling data, which would be forwarded for Selectboard review. There was discussion regarding capture of land acquisition, which could be updated in conjunction with the Town Plan every five years (the Planning Commission will forward a draft document for Selectboard consideration), and determining if one or two (Town priorities) surveys should be conducted to test information gathered by the Planning Commission at public meetings. Mr. Bohne said that two departments would be ready to appear before the Board within a week. The Board scheduled a meeting on 09/19/03,12:00 p.m. to 4:00 p.m.

9(a) BLOCK GRANT - ANTI-DISPLACEMENT POLICY Mr. Bohne explained that an Anti-Displacement and Relocation Policy was needed for the Town/Lake Champlain Housing Development Corporation affordable housing agreement. The policy would aid in relocation one-to-one if affordable housing tenants were displaced. Mr. Faris read the proposed Anti-Displacement and Relocation Policy. MOTION by Mr. Faris, seconded by Mr. Good, to adopt the proposed Anti-Displacement and Relocation Policy as presented. VOTE: unanimous (4-0); motion carried.

9(b) RELIEF FROM PROPERTY TAX PENALTY Mr. Bohne reviewed the verbal request from Mr. Johnson, 322 Birch Drive, for relief from property tax penalty. There was a 08/12/03 Burlington postmark on the envelope, which the Town received 08/22/03. There was brief discussion regarding the deadline of property taxes, which was the due date at the Town Offices versus the postmark. MOTION by Mr. Dudley, seconded by Mr. Good, to waive the property tax penalty of $87.79 and interest of $16.46 for Mr. Johnson, 322 Birch Drive, Shelburne. DISCUSSION: Mr. Bohne noted that state statutes only allow relief from penalty payments, not interest. AMENDED by Mr. Dudley, seconded by Mr. Good, to amend to motion to read approval to waive the property tax penalty of $87.79. VOTE ON MOTION AS AMENDED: 3 ayes, 1 nay (Mr. Faris)\; motion carried.

10. APPROVAL OF MINUTES OF 08/26/03 MOTION by Mr. Faris, seconded by Mr. Dudley, to approve the minutes of 08/26/03 with the following addition: Page 4, Members Concerns, Fishing Access ramp - add the words “…during the construction period.”. VOTE: unanimous (4-0); motion carried.

11. MANAGER’S REPORT Mr. Bohne reported on the following items: • Bids on the Bostwick Road Bridge project were opened and the low bidder was S.D. Ireland. A temporary bridge to be built by 11/24/03. • The Fishing Access was under construction. The north launch area will be closed while a new launch area was being prepared (expected to start within 10 days). • A potential special meeting might be called in early October regarding storm water permits which have expired. The issue was related to real estate sales.

12. MEMBER CONCERNS There were no member concerns.

13. EXECUTIVE SESSION - CONTRACTS MOTION by Mr. Good, seconded by Mr. Faris, to enter Executive Session for the purpose of discussing contract matters where premature knowledge might place the Town at a disadvantage, and to invite the Town Manager to attend. VOTE: unanimous (4-0)\; motion carried. The Board entered Executive Session at 9:35 p.m. Motion by Mr. Dudley, seconded by Mr. Good, to adjourn Executive Session and reconvene the regular meeting. VOTE:

14. ADJOURNMENT MOTION by Mr. Good, seconded by Mr. Faris, to adjourn the meeting.

VOTE: The meeting was adjourned at 9:55 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Accepted, Stephen B. Dates Chairman

TOWN OF SHELBURNE
SELECTBOARD MEETING MINUTES
SEPTEMBER 23, 2003

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

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

OTHERS PRESENT: Elizabeth Ackerman, Bruce Campbell, D. J. Campbell, Dorothea Penar, Joyce Errecart, Stephen Booth, Ed Dixon, Bob Kaphan, Sarah Kaphan, Pam Brangan, Tawnya Pell, Gloria Good, Pam Maxwell, Angela Walsh, Dick Elkins Derrick Senior, Sue Dixon, Frank Smallwood, Ann Smallwood, Laurette Allen, Donna Deforge, Annette Herbert, Claire Hebert, Lucien Hebert, Elaine Hanson, Len Hanson, Art Forsythe, Henry Warren, Henry Bechtel, Ed Pomicter, Nancy Warren, Stephen Baietti, Bob Denning, Oda Hubbard, John Powell, Richard Lowrey, Deidre Senior, Jeff McMahon, Russell Caffry, Gillian Dohman, Fritz Horton, Cathy Phillips, Jerry Francis, Matt Fisher, Richard Reid, Richard Watts, Judy Guden, Leonore Peverly, Ellen McShane, David Sheldon, Judith Sheldon, Jenny Cole, Kevin O’Brien, Bob Eddy, Andy Simmons, Andy Racine, Joan Lenes, John Powell, Emily Morrow, and others.

1. CALL TO ORDER Mr. Dates, Chairperson, called the meeting to order at 7:05 p.m. and introduced the Board members.

2. APPROVAL OF AGENDA Changes to the agenda were as follows: Items 5, 7 and 8 would be moved forward as Items 5, 6 and 7 Item 6 would be heard as Item 8.

3. CITIZEN PARTICIPATION Sue Dixon, resident and Friends of LaPlatte Nature Park representative, presented a signed petition regarding concerns for appropriate recreation field sites and related parking lots and infrastructure.

4. APPROVAL OF RESOLUTION TO GUIDE WAIVER OF IMPACT FEES FOR AFFORDABLE AND ELDERLY HOUSING Mr. Pierce reviewed the previously discussed issue of waiving impact fees for affordable and elderly housing. A request for a waiver was received and two draft revisions to Town policy are presented for Board consideration. Affordable and elderly housing projects must maintain that status for 30 years. There was lengthy discussion regarding percentages of median income eligibility for “low and middle” income as outlined in tables included in the proposed resolution, percentages for credit related to income levels (Mr. Powell said the proposed Cynosure and Noonan House affordable units were a mix of income levels of 60 percent 50 percent of median, and a few will be income sensitive), and proposed waiver levels for the existing recreation and educational impact fees. Mr. Pierce explained that the proposed resolution allows the Board to change language as deemed necessary. There were no models in Vermont for waiver of fees. The objective was to keep it simple. Mr. Dates asked what would prevent a senior citizen from building a new home as a one-unit “elderly” housing “development”. Mr. Pierce said that any project would go through the Planning Commission and a proven definition of elderly housing was included in the legal document. An elderly unit must remain in that state for 30 years, reiterated Mr. Pierce. Mr. Faris said that two separate definitions of housing were cumbersome. Mr. Pierce explained as a practical matter the definitions would identify units that could be affordable units. Having two categories is merely an option for elderly and affordable. Mr. Silcox pointed out that there would be a 99-year lease for the Noonan House versus a 30-year obligation, and that was a significant difference in time. Mr. Pierce explained the policy was developed to recognize a request. The draft resolution was not written strictly for the Cynosure and Noonan House. The Board could waive fees in whole or part. Mr. Silcox pointed out a 90 percent reduction in fees was nearly the entire fee, and with an additional 5 percent for the perpetuity factor, the total is practically 100 percent. Mr. Faris commented that the waiver was a subsidy granted by the Town to provide affordable housing, which was part of regional and local goals. The Town Impact Fee Ordinance allows the Board to eliminate impact fees. The resolution says the Board can waive a part of the fees. MOTION by Mr. Good, seconded by Mr. Dudley, to approve the Waiver of Impact Fee Guide as outlined in the draft Resolution for Shelburne Affordable Housing. DISCUSSION: Mr. Silcox expressed concern with reductions. Mr. Faris said he would abstain from the vote. Mr. Dudley asked if the fees paid were permit fees. Mr. Powell explained there were two thresholds: federal funding required status for 30 years and perpetual for state funding. Mr. Silcox said the Town already added $19,000 (toward the affordable housing project) from the Noonan House demolition fund, and this shows support. Mr. Silcox said he could not support levels as presented. Mr. Dudley suggested that the percentages be guidelines at best and flexibility based on circumstances. Mr. Pierce said the Impact Fee Ordinance language allows for waiver of fees. The resolution allows for waiver, or exemption, by adopting a resolution that spells out the steps. Item #7, reduction, may be applied when the Town has granted some land. There was discussion regarding Item #5 language “to use following guidelines…” change “will” to “may be made… which is presented as a guideline.” Mr. Faris said that making the Board justify why applicant A was granted a waiver versus applicant B was opening a Pandora’s Box. Mr. Silcox expressed concern that the Board was setting a precedent. Mr. Dudley asked what other towns practiced waiver of impact fees with regard to affordable housing. Mr. Pierce reiterated that Shelburne was the only town having waiver of impact fee language for affordable housing. Adopting the resolution sets out the procedure. Mr. Powell noted that St. Albans has an Ad hoc Committee that waived fees on an individual basis. Mr. Dudley and Mr. Good agreed that Item #5 should remain as “will”. There were no further comments. VOTE: 2 ayes, 2 nays (Mr. Dates, Mr. Silcox), 1 abstention (Mr. Faris)\; motion did not carry. MOTION by Mr. Good, seconded by Mr. Dudley, to approve a Waiver of Impact Fee Guide as outlined in the draft Resolution for Shelburne Affordable Housing, and to change the wording in Item #5 from “will” to “may”. VOTE: 3 ayes, 1 nay (Mr. Silcox), 1 abstention (Mr. Faris)\; motion carried.

5. WAIVER OF IMPACT FEES FOR SHELBURNE AFFORDABLE HOUSING Mr. Powell reviewed the request for a waiver of Impact Fees for both the 18-unit Cynosure Drive (mixed income with affordable) and the 2-unit Noonan House (perpetual) affordable housing projects. The total median income equations are 60 percent for 12-units, 50 percent for 6 units, and 80 percent for 2 units for a total of 20 affordable units (Cynosure and Noonan House combined). MOTION by Mr. Faris, seconded by Mr. Good, to reduce Educational and Recreational Impact Fees for the Cynosure and Noonan House Affordable Housing projects at follows: 60 percent affordable per 95 percent each\; 50 percent affordable per 95 percent each. VOTE: unanimous (5-0)\; motion carried.

6. CONSIDERATION OF A COMPUTING POLICY Mr. Pierce reviewed a proposed Computing Policy that would cover the use of Town computers and telephones by employees and volunteers. The Town Attorney has looked at the draft, but has not given final sign-off. MOTION by Mr. Silcox, seconded by Mr. Good, to adopt the proposed Employee Computing Policy as presented by the Town Planner. VOTE: unanimous (5-0)\; motion carried.

7. SET DATE FOR SPECIAL MEETING REGARDING STORM WATER POLICY Mr. Pierce said that staff would prepare material for Board consideration at a Special Meeting on the Storm Water Policy. A storm water panel meeting was scheduled for 09/29/03 in Montpelier. The Board scheduled a Special Meeting on Storm Water Policy for 10/15/03 Wednesday, at 7:00 p.m. at the Village Center. Mr. Pierce noted that Senator Leahy’s office was contacted regarding adding the Webster Road pedestrian/bike path project to the transportation bike legislation. Mr. Silcox suggested sending information related to an earmark being sent directly to Shelburne versus the CCMPO. MOTION by Mr. Silcox, seconded by Mr. Dudley, to authorize the Town Planner to prepare recreation information to be sent to Senator Leahy’s office regarding funding for a proposed Webster Road pedestrian/bike path from Charter One Bank, along the Route 7 right-of-way to Harbor Road. VOTE: unanimous (5-0)\; motion carried.

8. VELCO UPDATE – Town Involvement Mr. Dates introduced Tom Dunn, VELCO Project Manager of the Northwest Reliability Project, Richard Watts and Terry Boyle, VELCO consultants. Mr. Dunne reviewed the proposed VELCO transmission system upgrade to distribute power to Vermont utilities, such as Green Mountain Power. Peak demand has increased 9 percent in Vermont. The upgrade would solve a Vermont problem with a Vermont solution. Mr. Dunne addressed health concerns noting that testimony was filed on magnetic fields. The transmission upgrade would replace an existing line with a high voltage line owned by Green Mountain Power. The line could be placed underground, but cost is an issue (eight times the cost of overhead lines). Cost of the transmission upgrades were shared throughout New England. Underground costs would be borne by Vermont. The Public Service Board (PSB) would decide who in Vermont would pay. The Shelburne line originates in New Haven. In response to questions from the Selectboard, Mr. Dunne said discussions regarding the line along Fletcher Lane were on-going to relocate the line west on the Meach Cove property. The Harbor Road substation line would cross Macabe’s Brook, follow the Pizzagalli field behind Blodgett to the railroad, and north to the Bay Road crossing. The line would be out of the Nature Conservancy land. VELCO would like to take the line closer to Bay Colony. There was a screen of trees between the railroad and the neighborhood. Visually, the existing 35-foot poles would be replaced 61-foot poles spaced approximately 500 feet apart along Bay Road. The Harbor Road substation expansion included rebuilding 35 feet to the west from the existing site. To address concerns about impacts to the TiHaul trailhead, the station could be redesigned and moved in a more northerly direction, or additional land purchased to move the trailhead to the west. Regarding environmental impact of poles – pentachloral pole preservative (versus creosote) has been in use for 60 years and was safe. FF6 insulating gas for circuit breakers was the only kind of breaker that could be purchased in the U.S. Breakers were monitored live time, and there has been less than 0.2 percent per year gas loss. VELCO would contact the state regarding the Route 7 project. VELCO did not anticipate receiving a Certificate of Need from the PSB until next summer. Mr. Dates asked for clarification regarding a 60-foot high-tension line related to the amount of EMF milligoss measured at the edge of the proposed right-of-way. Mr. Dunne explained at edge of the right-of-way there would be 3.2 on average with the old lines, and new lines would change to 5.6 milligoss by 2009. Mr. Dates asked about the EMF at the surface if the line was buried. Mr. Dunne replied the magnetic field strength at ground level would be quite high. The major issue would be over-heating of the lines. Mr. Dates asked if there was an effective shield. Mr. Dunne said he was not sure. It would depend on the conductors in the ground that dictated EMF strength. Mr. Dunne explained the proposed vertical right-of-way was 100 feet. The line from Charlotte may not be as wide. At 50 feet off centerline, there would be 3.6 milligoss. Right-of-way maintenance included eliminating tall growth and leaving low growth vegetation. The cost to bring the line underground to Route 7 was unknown, but VELCO would explore the timing of reconstruction. Mr. Silcox noted that the state had a 100-foot right-of-way along Route 7. Shelburne was moving water lines outside the state right-of-way to avoid paying for any breaks within the state right-of-way. VELCO might want to consider that as well. Mr. Good asked about not having the line to pass through Town. Mr. Dunne noted that the Town had the option to participate in the PSB process (party status). The PSB would rule on Certificate of Need. If he PSB approved the project, then VELCO would build the project. In response to a Board question, Mr. Dunne explained the 2012 calculations regarding the ultimate carrying capacity of the line were based upon a system modeling. The line could carry much greater current. PUBLIC COMMENTS Ed Pomicter, Davis Park resident, asked about the reliability of buried versus overhead lines, and expressed concern regarding the proposed relocation of the substation and lines over wetlands. Mr. Dunne said there was no data that underground lines were protected against storms. The system was mostly overhead and VELCO has extensive ice/storm experience. Underground lines would have a multiple of overhead costs and maintenance costs. Regarding wetlands, Mr. Dunne did not recall wetlands on the Pizzagalli property. The lines would cross 200 wetlands and special wetland construction techniques were practiced. Bob Eddy, resident, pointed out the trend was to go underground near homes and overhead in open spaces. Mr. Eddy expressed concern regarding safety related to magnetic fields, home value impacts with overhead lines, and decreasing tax revenue in Shelburne. Mr. Eddy recounted a story of three horses that were killed 300 feet away from a line when it went down. Robert Kaphan, resident, asked how the cost of burying a line translated into dollars on a monthly electric bill. Mr. Dunne replied that the 27 miles from New Haven to South Burlington would cost up to $8 million for overhead lines and $60 million for underground lines. The impact to a monthly bill would be small. An audience member asked if the line would supply electricity to southern customers versus north to Vermont. Mr. Dunne explained that northwest Vermont (Chittenden County) was using more electricity, but Vermont was not building more power plants. Power can go in both directions, and at this time goes north to south. Power flows into Vermont from New York and Ontario. Russell Caffry, Bay Colony resident, asked the Board’s position. Mr. Dates explained that the Board represented the residents, however, the Town was not taking a position on Certificate of Need. That was a PSB decision. Stephen Booth, Pine Haven Shore Road resident, asked if it was usual to route a 150 kv line through a neighborhood. Mr. Dunne pointed out transmission lines went into Burlington. Route information could be accessed at: www.nrpvt.com. Mr. Dates noted that a request to form a committee had been forwarded to the Board. Mr. Dates read a proposed resolution crafted at the recent Board retreat. It was reiterated that the Board would not take a position on the Certificate of Need. There were no further comments. MOTION by Mr. Silcox, seconded by Mr. Dudley, to approve the proposed VELCO Transmission Project Committee Resolution as presented by the Selectboard. VOTE: unanimous (5-0)\; motion carried. Mr. Dates read the charter for the VELCO Committee (residents who will research transmission line route sites and construction techniques). MOTION by Mr. Dudley, seconded by Mr. Silcox, to accept the proposed VELCO Committee Charter as written, subject to appointment of a committee chair. DISCUSSION: Mr. Booth expressed concern regarding time and money spent on a committee, and asked if the committee had the option of recommending that no safe route could be found. Mr. Dates said the committee charge was to investigate issues and find the best route options within the Town. Mr. Dates stated again that need was determined by the PSB and the Town did not have a position regarding that issue. Mr. Caffry asked if there were other ways to upgrade the grid without going through a neighborhood, and questioned whether this would be the Town’s role. Mr. Simmons noted that the PSB was holding a public meeting 09/30/03 in Charlotte, and asked what message the Board would take to the meeting. There was discussion of committee updates to the Selectboard, potential need for two or three warned Town meetings (as requested by an audience member), and the timeline for the VELCO’s project starting next April. Jenny Cole, Charlotte Selectboard member, suggested a collaborative effort between towns with regard to researching issues. The Charlotte committee has met with VELCO and was disseminating information via local newspapers. The committee has worked on identifying areas of concern, and has submitted a list of questions to VELCO about testimony and areas of clarification. The committee was working on a town statement related to health, property values, town plan issues, and underground alternative. Charlotte is not opposed to the project outright, but was asking about project design, route, and such. Mr. Dates said that a private citizen could voice their concerns/opinions to the PSB, but not as a representative from the Town Board. CALL THE QUESTION by Mr. Dates. Discussion ceased. VOTE: unanimous (5-0); motion carried. Mr. Dates nominated Emily Morrow as Chairperson of the VELCO Committee. Ms. Morrow accepted the nomination and suggested a Co-chairperson. Mr. Dates noted the organization of the committee was up to the committee. MOTION by Mr. Faris, seconded by Mr. Good, to nominate and elect Emily Morrow as VELCO Committee Chairperson, and the Chairperson could appoint the committee as necessary. VOTE: unanimous (5-0); motion carried.

9. REQUEST FOR RELIEF FROM PENALTY FOR DELINQUENT TAX PAYMENTS MOTION by Mr. Dudley, seconded by Mr. Faris, to waive the $252.33 penalty for delinquent tax payment for David Johnson. DISCUSSION: Mr. Dates asked when the property tax payment had been mailed. Mr. Frankenburg said the envelope postmark appeared to read 08/18/03. The tax due date was 08/18/03. VOTE: 0 ayes, 5 nays (Dates, Dudley, Faris, Good, Silcox)\; motion did not carry. Mr. Dates said that the Board would table consideration of the request for relief from penalty for delinquent tax payment from Frank Salese. MOTION Mr. Faris, seconded by Mr. Good, to waive the $86.98 penalty for delinquent tax payment for Norman Marcellino. DISCUSSION: It was noted an error in writing was more acceptable. VOTE: unanimous (5-0); motion carried.

10. RECONSIDERATION OF DUE DATE FOR TAXES AND WATER/SEWER BILLS Mr. Silcox reviewed the new approach to tax due date payments was to help out the efficiency of the Financial Office to close out the books. There was discussion regarding the merits of two methods: postmark or due at the Town Office by the due date. MOTION by Mr. Silcox, seconded by Mr. Dudley, to reconsider and accept the due date for real estate, school taxes and water/sewer bills as paid by postmark on or before the due date effective immediately. DISCUSSION: Mr. Frankenburg explained that a conversation with staff was held regarding the pros/cons for each payment policy. Currently, a “pro” was black and white whether the payment was on time or not. Staff can get past due notices out more quickly before interest was tacked on. A “con” is the shift of the risk of a late payment onto the taxpayer. If payment due reverts to a postmark, it is better for the taxpayer. Another “con” is staff has trouble reading postmarked dates. An online payment company sends bulk mailing and staff can not tell when the exact payment was made. There was still a risk that payment may not be postmarked in time. Furthermore, there would be a delay sending out late notices. There is an auto payment system, and a drop box directly into the Town building. With the new rules, staff was sending out fewer water/sewer and tax late notices. Other towns practice a policy that a tax is due when due. Postmarks were not accepted. Winooski has a “no exception” policy, and Underhill leaves it up to the Town Treasurer’s discretion. Shelburne staff prefers to keep the current rule that tax payments are due when due. Mr. Faris said there was strong taxpayer support to revert to the old policy. Mr. Silcox commented that if a taxpayer took a risk of driving their payment to the post office, then they could drive to the Town Hall directly. Mr. Faris felt auto debit was the answer. VOTE: unanimous (5-0); motion carried.

11. MINUTES SEPTEMBER 9, 2003 MOTION by Mr. Good, seconded by Mr. Faris, to approve the minutes of 09/09/03 as written. VOTE: 3 ayes, 2 abstentions (Mr. Dudley, Mr. Silcox); motion carried.

12. BOARD MEMBER CONCERNS Mr. Dudley asked for clarification regarding the Friends of LaPlatte Nature Park petition (objection to five recreation fields or for continued discussion). Mr. Dates replied that site selection should be an open discussion.

13. ADJOURNMENT MOTION by Mr. Faris, seconded by Mr. Silcox, to adjourn the meeting. VOTE: unanimous (5-0); motion carried. The meeting was adjourned at 9:40 p.m.

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