Selectboard Meeting Minutes

Special Selectboard Meeting Minutes
November 6, 2003 7:00 P.M.

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

Also Present: Paul Bohne, Town Manager; Emily Morrow, Chair, Ad Hoc VELCO Committee; Susan Davis, Shelburne News.

Mr. Dates called the meeting to order at 7:00 P.M.

The agenda was set to hear reports on the meeting of the affected towns and with the Public Service Department. Emily Morrow reported on the meeting on November 3, 2003, in Vergennes. She reviewed her impression of what issues are of most concern to each town. One member from each town agreed to meet on November 17th which is after the answers from VELCO on the interrogatories are due (November 14). Ms. Morrow believed that the main issues were health, aesthetics and property values, and that Vergennes, Waltham and New Haven will oppose the project. Steve Dates gave a report on the meeting with the Public Service Department and the Commissioner David O’Brien.

The outcome provided very little encouragement that criteria agreed to by VELCO and the Town would receive support from the DPS. DPS position seemed centered around reliability and electric rates. They did not believe that NEPOOL would pay for changes being considered. DPS did agree to investigate methods for Shelburne to be able to pay for requested changes, the issue of the impact of EMF on medical devises such as pacemakers, and the number of homes that are within 100’ of the proposed line. The Town, through the VELCO committee, will look at scaling back the scope of the requested changes.

After discussion regarding what group the Town would join, Mr. Faris moved to authorize the Town’s counsel to file that the Town was neutral regarding the VELCO Northwest Reliability Project. Mr. Good seconded the motion which passed unanimously, 5 in favor, 0 opposed.

The meeting adjourned at 8:20 P.M. Respectfully Submitted, Paul W. Bohne III Approved, Stephen Dates Chair

TOWN OF SHELBURNE
SELECTBOARD MEETING MINUTES
NOVEMBER 11, 2003

MEMBERS PRESENT: Norm Silcox, Steve Good, Jim Dudley, George Faris. (Chairman Steve Dates was absent.) STAFF PRESENT: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer.

OTHERS PRESENT: Russ Caffry, Chris Cole, David Ackerman, Tod Whitaker, Dave Davis, Adele Johnson, Allison Winehaven, Dick Reid, Sue Davis (Shelburne News), and others.

EXECUTIVE SESSION The Board entered Executive Session at 5:30 p.m. for the purpose of discussing personnel matters where premature knowledge would place the Town at a disadvantage, and invited the Town Manager to attend. The Board adjourned Executive Session at 7:13 p.m.

1. CALL TO ORDER In the absence of Chairman Dates, Norm Silcox called the meeting to order at 7:15 p.m. and introduced the Board members.

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

3. CITIZEN PARTICIPATION There were no comments.

4. CCTA – Report and Discussion Mr. Cole, CCTA General Manager, provided copies of the draft FY05 CCTA budget and presented goals for solidifying CCTA operations (staffing levels and zero growth in property tax revenues). There was discussion of the projected Shelburne assessment increase of $2,766, which was based on fixed route service miles. Mr. Cole explained that when a community decreased the number of service miles in that community, cost shifts onto other member communities. There was also discussion of the proposed FY05 mileage formula that reduced miles but did not reduce operating costs (formula frozen by the CCTA Board), and the draft Resolution and Assessment documents (concurrence from member towns is needed). Mr. Cole noted that the CCTA Board would vote to adopt the proposed documents on 11/19/03. CCTA would return in the spring with a new proposal to replace Article A of the assessment. Mr. Silcox requested an analysis of the most effective service for Shelburne, noting the Route 7 project would require pre-planning to deal with traffic issues. Mr. Davis said that CCTA had a fulltime planner on staff and would know how to schedule CCTA routes for optimum service. Mr. Silcox asked if SSTA rules and eligibility had been reviewed. Mr. Cole replied that $13,000 was cut, changes to eligibility and managing programs better without impacting service was done. The contract was rewritten to save on ‘no-shows’. Mr. Davis asked if the CCTA quarterly reports sent to theBoard were of use. Mr. Silcox answered that it was helpful to have the information along with MPO, CCTA, and Selectboard dialog. The Board thanked Mr. Cole and Mr. Davis for their presentation.

5. VELCO PROJECT UPDATE AND FUTURE ACTION Mr. Silcox reviewed progress regarding the VELCO project. The Board met with the Public Service Board (PSB) and VELCO. The Selectboard forwarded a three point Position Paper that included concerns about upgrade cost estimates, EMF and EMI issues, and the proposed route. VELCO would meet with the Town on 11/12/03 and 11/17/03 to solve issues and concerns. Mr. Bohne reported that the Town filed a neutral position. There were no further questions. 6. STORMWATER – Discussion and Policy Approval for Town’s Involvement with Expired Permits Mr. Silcox reviewed the proposed Stormwater Policy to address developments, or Homeowner Associations, where 3-9010 permits have expired. A question was how to move forward to meet the compliance date of 07/14/04, and have new permits in place by that date. Currently, there were 14 expired permits listed. Mr. Bohne noted that stormwater permits were issued in the Longmeadow and Martindale developments as well. A Town Manager memo, dated 11/05/03, explained five points to generate discussion. There was discussion regarding ten stormwater systems that drained into unimpaired waterways and four systems that flowed into impaired waterways, how each were to be handled (no permits were issued if a stormwater system discharged into an impaired waterway), and that impaired waterways would need to be brought into compliance with the Clean Water Act at some point. Mr. Bohne said that work on the ten unimpaired permits would be a first priority. Mr. Silcox suggested staff send a letter to the ten developments on the list regarding the proposed permit policy and invite homeowners to a Selectboard meeting to discuss potential issues. Mr. Bohne said that the intent was to work with neighborhoods and homeowner associations. There were also private developments with expired permits, such as The Terraces which have a stormwater system entirely on the development property. Mr. Whitaker, resident, noted that The Terraces’ stormwater system drained out to a ditch along Mt. Philo Road and ended up in the LaPlatte River. Mr. Bohne confirmed treated water from the system did drain into the road ditch. Mr. Faris pointed out the Agency of Natural Resources would send a letter to each homeowner regarding permit status. Discharge systems contained within Town roads fall within the Town’s authority to upgrade the systems. The Town would be in a better position to upgrade systems than homeowners, said Mr. Faris. Mr. Bohne noted that the proposed policy applies only to the first ten expired permits discharging into unimpaired waterways. Impaired waterways would be address later. Mr. Silcox suggested creating a Stormwater Account to track spending and permitting progress. It was noted Paragraph 6 of the proposed policy should read “Shelburne Park” rather than “Davis Park”. Mr. Dudley proposed a motion stating that the Town of Shelburne initiate action to have all ten expired 3-9010 permits re-issued to the Town as listed with necessary engineering and certification done by the Town and all necessary expenditures borne by the homeowners association or homeowner, and that certificates will be in compliance before the Town accepts a system after which the Town would maintenance the system. There was no second to the motion. Mr. Dudley withdrew his proposed motion. MOTION by Mr. Faris, seconded by Mr. Dudley, to adopt the proposed Stormwater Policy as outlined in a Town Manager memo, dated 11/05/03, with the following changes: • Paragraph 1, 1st sentence - replace the word “associations” with “residential projects”; • Paragraph 4, 1st sentence - change to read: “…that a system was installed as permitted, the Town would bear the expenditures of obtaining necessary Stormwater permits.”; • Paragraph 4, 2nd sentence - change to read: “If not installed as permitted, the association, with Town…”; • Paragraph 6 - change “Davis Park” to “Shelburne Park” and “The policy herein applied only to residential projects that discharge into unimpaired waterways.” • Paragraph 4, last sentence - change to read: “…in that development in portion to impervious surfaces owned by the homeowner and by the Town.”

DISCUSSION: Mr. Reid, resident, asked if the policy covered The Terraces situation. Mr. Bohne replied The Terraces situation was not specifically addressed. Mr. Caffry asked if the list was a shared responsibility between the associations, homeowners and the Town. There was potential, if a system was not installed or maintained properly, that the financial responsibility would fall on the homeowners. If the Town was “owner” of a certain percentage of a system, then the Town should pay, or be responsible for that portion of the cost to bring the system into compliance. There was concern that the Town could get ‘push back’ from the homeowners. AMENDMENT by Mr. Faris, seconded by Mr. Dudley, to add to Paragraph 1 to identify all residential projects where the Town has accepted all or some portion of a discharge system.

DISCUSSION ON AMENDMENT: Mr. Dudley asked if the Town had a study of impervious surfaces. Mr. Bohne pointed out if there were potential problems, that could easily double Town costs. Bay Colony was 60/40 percent ownership. Mr. Dudley asked what would happen if a retention pond was filled with silt. Mr. Faris said that if an installed system was compliant and had a pond, then Town would pay for maintenance. Mr. Faris was careful to distinguish between capital projects versus maintenance. Mr. Silcox expressed concern it was unclear what the Board was voting on. Mr. Faris said the Board could correct the minutes at the next meeting if the motion was recorded inaccurately. Mr. Dudley asked if there was any downside to waiting two weeks before a vote in order for staff to draft a motion. Mr. Silcox said it was a big issue and he only wanted to know what the Board was passing. Mr. Silcox asked if any board member wished to recuse themselves if they lived in one of the listed developments. The board members indicated they were comfortable voting on the motion.

CALL THE QUESTION by Mr. Silcox. Discussion ceased.

VOTE: unanimous (4-0); motion carried.

7. APPOINTMENT TO THE SHELBURNE COMMUNITY SCHOOL BOARD MOTION by Mr. Faris, seconded by Mr. Dudley, to appoint Jodi Breckenridge Hilker to fill a Shelburne Community School Board position vacated by Tom Clavelle for a term that expires in 2005. VOTE: unanimous (4-0); motion carried.

8. GRANT APPROVALS MOTION by Mr. Good, seconded by Mr. Faris, to accept a $5,000 Shelburne Community Restorative Justice Program grant. VOTE: unanimous (4-0); motion carried. There was discussion of the grant application by the Fire Department for an all-terrain vehicle (ATV), which would be used to access pathways and trails for rescue purposes. Mr. Bohne explained that the Fire, Rescue and Police departments would jointly use the vehicle. Matching funds were not required and the cost of maintenance would be minimal. Mr. Faris expressed concern about the number of vehicles the Town was acquiring, and asked about the Fire Chief’s position on the matter. Mr. Bohne explained that staff would not support the ATV grant application if it was used for anything other than Town benefit. There was space to store the ATV. Mr. Bohne noted that the Fire Department was seeking support for the ATV grant from the Recreation Department as well. Mr. Faris commented that eventually the ATV would wear out and require replacement. Mr. Dudley questioned the need for Selectboard review for all grant applications. Mr. Bohne said that the Town was erring on the side of being very public regarding grants and the purpose for a grant. Mr. Dudley suggested that staff compile a list for monthly Board review. MOTION by Mr. Dudley, seconded by Mr. Good, to support the Shelburne Fire Department grant application for an All-Terrain Vehicle as presented. DISCUSSION: Mr. Dudley asked if the Town had to supply matching funds for the grant. Mr. Bohne replied no. CALL THE QUESTION by Mr. Silcox. Discussion ceased. VOTE: 3 ayes, 1 nay (Mr. Faris); motion carried.

9. VERMONT COMMUNITY DEVELOPMENT RESOLUTIONS Mr. Bohne reviewed the $450,000 grant for the Noonan House and Ockert Drive affordable housing projects. MOTION by Mr. Faris, seconded by Mr. Good, to adopt the proposed Vermont Community Development Resolutions as follows: • To designate the Chittenden Bank as depository, • To authorize the Town Clerk and Town Manager as signatories, • To designate Lake Champlain Development Corporation and Housing Vermont as public agencies to administer the grants, • To authorize the Town Manager to enter into an agreement contract with Lake Champlain Development Corporation and Housing Vermont. VOTE: unanimous (4-0); motion carried. The Selectboard signed the required documents.

10. APPROVAL OF MINUTES OF 10/28/03 AND 11/06/03 OCTOBER 28, 2003 MOTION by Mr. Good, seconded by Mr. Faris, to approve the minutes of 10/28/03 as written. VOTE: unanimous (4-0); motion carried. NOVEMBER 6, 2003 MOTION by Mr. Faris, seconded by Mr. Dudley, to approve the minutes of 11/06/03 as written. VOTE: unanimous (4-0); motion carried.

11. MANAGER’S REPORT Mr. Bohne reported that Legislative Breakfasts were scheduled for the following dates: 01/12/04 at 7:45 a.m., and 02/09/04 and 03/15/04 at 7:30 a.m. Mr. Silcox said he would attend all three breakfasts.

12. BOARD MEMBER CONCERNS Mr. Silcox asked if the proposed budget schedule was set. Mr. Bohne confirmed this.

13. ADJOURNMENT MOTION by Mr. Good, seconded by Mr. Dudley, to adjourn the meeting.

VOTE: unanimous (4-0); motion carried. The Chairperson adjourned the meeting at 9:02 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. SIGNATURE PAGE FOR ACCEPTANCE OF 11/11/03 MINUTES: Accepted,  Stephen B. Dates Chairman

TOWN OF SHELBURNE SELECTBOARD MINUTES OF MEETING NOVEMBER 25, 2003 MEMBERS PRESENT: Steve Dates, Chairperson; Norm Silcox, Steve Good, Jim Dudley, George Faris. STAFF PRESENT: Paul Bohne, Town Manger, Peter Frankenburg, Financial Officer; Dean Pierce, Town Planner. OTHERS PRESENT: Jerry Francis, Brendan Cosgrove, Steve Baietti, Joan Lenes, Dick Reid, Emily Morrow, Crea Lintilac, Robert Furrer, Bill Rockford, Kevin O’Brien, Gillian Dorfman, Daniel Sheldon, Paula Cope, Andrea Van Hoven, Sean MacFaden, Gail Albert, and others. EXECUTIVE SESSION The Board entered Executive Session at 6:00 p.m. for the purpose of discussing legal matters where premature knowledge would place the Town at a disadvantage, and invited the Town Manager to attend. The Board adjourned Executive Session at 7:35 p.m. 1. CALL TO ORDER Mr. Dates, Chairperson, called the meeting to order at 7:36 p.m. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. CITIZEN PARTICIPATION There were no comments. 4. VELCO – Progress Report Ms. Morrow reported that the VELCO committee had met with the Town Attorney regarding elements of pre-trial testimony and determining roles. Potential witnesses were contacted, such as Hope Alswang with the Shelburne Museum who would provide testimony related to tourism and economic impacts, Alec Webb, Shelburne Farms, who would focus on Town natural resources, and Becky Wang, Natural Resources and Conservation Committee, who has a forestry degree. Crea Lintilac will conduct a viewshed impact assessment. The Shelburne Town Planner has been helpful in dovetailing CCRPC Plan language with local planning. The committee will meet with the Town Planner and Town Manager next week. VELCO has committed to “Plan B”, selected underground lines in viewsheds and near densely populated structures. Other issues include documents of discovery. A narrative draft testimony document will be forwarded to the Selectboard and Town Attorney for review. Ms. Morrow noted that VELCO has claimed that no formal requests for buried lines have been presented to the Public Service Board. Mr. Dates said that a written letter was sent addressing the issue already. Ms. Morrow said she had spoken with John Appelee. Mr. Appelee was opposed to VELCO “Plan A”, overhead lines. The committee was seeking another meeting with Tom Dunn, VELCO representative, to address additional information regarding the cost of Plan B, what route through Shelburne was proposed, and which route makes the most sense. There was discussion regarding the proposed relocation of the Harbor Road substation, which was included as part of Plan B, Green Mountain Power concerns that the substation would require re-wiring if relocated, and review of a draft testimony document at the 12/09/03 Selectboard meeting. Ms. Morrow said she would discuss potential routes separately for those who were interested. 5. SNRCC – Open Space Ballot Discussion Ms. Van Hoven, Ms. Albert, and Mr. MacFaden, Shelburne Natural Resources and Conservation Commission members, reviewed the recommendation to place a proposed open space funding request on the March Town Meeting ballot. Ms. Van Hoven said the ballot language was the same as the previous ballot item. Mr. Dates said the Selectboard would discuss the request to add one cent on the tax rate to raise $93,000 in Open Space funding at the 12/25/03 Selectboard meeting. There was brief discussion regarding the funding request, which was tied to inflation and increased land prices, a potential concern that residents would be taxed for funding before a need was identified, a restriction that if funds were not expended, than the item would have to go back before the voters for approval, and a suggestion to consider a five-year bond versus one-cent on the tax rate ballot item. Ms. Van Hoven suggested that the restriction (to go before the voters to spend unexpended funds) could be deleted. Ms. Albert said it was prudent to have a (funding) savings plan so when a parcel was offered, the Town could purchase it. Mr. Dates said the current approach did not make sense. If people have contributed to a fund, there is an expectation the rules will be followed. There needs to be clarity. One-cent implies a fifty percent increase in spending. Perhaps a fractional increase could be considered. An open space timeframe also needs discussion, said Mr. Dates. There was further discussion regarding a link between the Town budget and the Conservation fund, concern that an Open Space funding request at a fifty percent increase would have a negative impact on approval of the overall Town budget (could be voted down). Mr. Dates stated that it was the Select board’s job to present a balanced budget at Town Meeting, and it was implied that the Selectboard supported the articles presented on the Town ballot. Mr. Dudley requested further information related to how much land could be conserved, where conserved land was located, and how much land was already conserved. Ms. Van Hoven said the proposed Open Space Plan would answer some of the Board’s concerns. What types of land were conserved and what the Town vision was is also important. Mr. Dates suggested a review of the data compiled by Hilda White. Mr. Silcox commented that developers were asked to keep open space and recreation path easements within planned developments, such as Boulder Hill. Mr. Faris suggested a Town map legend that could “rank” preserved open space” by applying open space criteria. Mr. Bohne would contact the NRCC regarding a time frame. 6. GBIC – Presentation of Chittenden County Region Economic Development Plan Brendan Cosgrove, Greater Burlington Industrial Corporation representative, reviewed a brief history of the proposed Chittenden County Regional Economic Development Plan, plan goals, and identification efforts and resources already in the region as outlined in a letter to the Selectboard, dated 09/08/03. The GBIC will meet in January to formulate strategies utilizing data gathered, national and international trends and impacts related to Vermont policies, job loss impacts, labor market recovery, and identified opportunities. The plan should become a state plan. Mr. Silcox asked if the GBIC has included capital startup and maintenance costs for businesses versus intensive costs. Mr. Cosgrove said plans were being created, but there was a finite amount of funding. Funding was available for incubator businesses and programs through various agencies. Mr. Cosgrove said that feedback for further planning strategies and discussions were next steps. The draft document was on line at www.vermont.org/gbic. Mr. Dudley suggested Legislative assistance to improve the captive insurance business climate in Vermont. Ms. Cope said she was working with GBIC on a business survey (number and types) in Shelburne. Mr. Cosgrove said that Joyce Errecart was also on the committee. Feedback and concerns should be relayed to committee representatives. Mr. Edwards, resident, noted that the Shelburne Planning Commission and Town Planner were working on a Town Plan update and asked how the GBIC incorporated specific town plans/surveys into the draft economic document. Mr. Cosgrove said that the GBIC would take feedback for further discussions and would fold that into the draft plan. Mr. Cosgrove provided an information packet to the Board and noted the group was at a challenge opportunity stage currently. A strategy stage that included community stakeholders input was the next step. 7. EXECUTION OF ONE YEAR BOND ANTICIPATION NOTE FOR TOWN HALL RENOVATION PROJECT MOTION by Mr. Silcox, seconded by Mr. Dudley to approve execution of a one-year Bond Anticipation Note for the Town Hall Renovation Project with the Chittenden Bank for $5,400 at 2 percent interest rate to be paid in full next year. VOTE: unanimous (5-0); motion carried. The Selectboard signed the Bond Anticipation Note document. 8. ACCEPTANCE OF ZONING BY-LAW AMENDMENT, SET HEARING DATE Mr. Bohne reviewed the Planning Commission concern and approval of a zoning by-law amendment regarding setbacks in a PRD, especially along Route 7, dated 10/17/03. The change required Board action. Dean Pierce reviewed the current zoning regulations regarding parameters of a PRD setback, which forces development to be set back an excessive distance from a road. The solution was the presented change. There were not many parcels that could meet the setback requirements. Mr. Faris noted that the Shelburne Bay Senior Community would be affected. The Community was a client and he would abstain from a vote. Mr. Pierce said the Planning Commission held a public hearing and approved the amendment on 11/13/03. If the Selectboard scheduled a public hearing by 12/18/03, then the change would take effect 01/09/04. MOTION by Mr. Silcox, seconded by Mr. Dudley, to accept the proposed zoning by-law amendment as presented, and to schedule a public hearing for 12/18/03. VOTE: 4 ayes, 1 abstention (Mr. Faris) motion carried. 9. RE-DESIGNATION OF A DEPOSITORY OF COMMUNITY DEVELOPMENT FUNDS MOTION by Mr. Silcox, seconded by Mr. Faris, to approve the re-designation of a depository of Community Development Funds to the Charter One Bank. VOTE: unanimous (5-0); motion carried. 10. AUTHORIZATION FOR THE TOWN MANAGER TO EXECUTE THE NOONAN HOUSE LEASE MOTION by Mr. Faris, seconded by Mr. Silcox, to approve authorization for the Town Manager to execute a lease for the Noonan House with the Lake Champlain Housing Development Corp., retroactive to 10/08/03. VOTE: unanimous (5-0); motion carried. 11. APPROVAL OF MINUTES OF 11/11/03 The Selectboard tabled approval of the 11/11/03 minutes until the next meeting. 12. MANAGER’S REPORT Mr. Bohne reported on the following items: • CCTA has advised the Town that designated federal funds were available to bridge a gap in the mileage formula. • The Bostwick Road Bridge was scheduled to open 11/26/03 and was expected to be complete one year from now. • A joint Selectboard/Shelburne Farms meeting was scheduled on Tuesday, 12/02/03 at 4:00 p.m. • The Selectboard would review Police and Fire department budgetary items on Tuesday, 12/16/03, 6:00 p.m. to 8:00 p.m. • A revised Stormwater Management Policy was given to the Selectboard for review. Letters were sent to residents regarding expired Stormwater permits. Association letters and a letter of understanding will be sent. 13. BOARD MEMBER CONCERNS Mr. Faris reported that the CCRPC and CCMPO were continuing discussions regarding organization consolidation. Mr. Bohne reported that the Housing Task Force has been meeting monthly. A Board packet would be ready by the end of December or early January. Mr. Silcox asked if the Board needed to address a bond issue for the purchase of the Boisvert property, which was no longer available for purchase. Mr. Bohne replied that the Board did not need to take any action. Mr. Silcox asked for an update regarding the $500,000 purchase of the Village Center building from the school. Mr. Bohne replied that the two-year process has been started. The Town Attorney will conduct title searches and start the paper work. The school has included the funds in the school budget. Mr. Dudley commented that the Shelburne Road improvements at the Precourt property were very nice. The fence and cattle grazing was a great visual scene. Mr. Dates asked if the Hinesburg Police bill had been addressed. Mr. Bohne replied that discussions were on-going. Mr. Dates asked if Police Department budgetary information was required before meeting. Mr. Bohne said staff would use the previous year’s budget. Mr. Dates reported that the Pierson Library vestibule project was progressing. An amount of $1,800 from the Library Building fund was transferred to the project budget. A $600 heater was added. 14. ADJOURNMENT MOTION by Mr. Silcox, seconded by Mr. Faris, to adjourn the meeting. VOTE: unanimous (5-0); motion carried. The Chairperson adjourned the meeting at 9:35 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Accepted, Stephen B. Dates Chairman