TOWN OF SHELBURNE

MEMBERS PRESENT:         Chris Neme, Acting Chair; Lisa Levine; Chris Boyd and Jim Talley.

ADMINISTRATION:            Paul Bohne, Town Manager

Mr. Neme called the meeting to order at 6:05 P.M.

 

There were no changes to the Agenda.

 

There was no citizen participation.

 

Mr. Webb, Ms. Neale, and Mr. Nold presented an overview of the status of the organization.  There was general discussion about some of the future projects and goals of Shelburne Farms.

 

Those attending proceeded on a field trip to the area of the Old Dairy Barn.

 

The Farms is proposing to erect a tower to test wind conditions at the site in consideration of installing a 100 KW wind generator.

 

The Dairy Barn is being considered for an environmental education center with living accommodations and classrooms.

 

Motion by Mr. Boyd, seconded by Ms. Levine, to renew the note with Chittenden Bank in the amount of $300,000.  Vote:  Unanimous, 4 in favor, 0 opposed.  Motion Carried.

 

There was no other business.

 

Motion by Mr. Talley, seconded by Ms. Levine, to adjourn.  Vote:  Unanimous, 4 in favor, 0 opposed.  Motion Carried.

 

The meeting adjourned at 7:20 P.M.

 

Respectfully submitted by Paul W. Bohne, Secretary Pro Tem

 

Approved,

T. J. Dudley, Chair

MEMBERS PRESENT:       Chris Neme, Acting Chairperson; Chris Boyd, Lisa Levine. (Jim Dudley and Jim Talley were absent.)

ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Dean Pierce, Town Planner.

OTHERS PRESENT:            Christine Armstrong, Richard Ranaldo, Linda Watts, David Davis, Jane McKnight, Hollie Fleck (Shelburne News), and others.

 

Mr. Neme, Acting Chairperson, called the meeting to order at 7:05 p.m.

 

Agenda additions:

3 b) Planning Grant Application approval

7 b) Waiver of Late Fees for Late Payment of Property Taxes

10 b) Liquor License requests

Christine Armstrong, resident, stated that she had understood once Bishop Road was repaved, the road would be repainted to include traffic-calming measures, such as a bike lane and offset center lines. The road was recently repaved with the centerline in the center of the road and regular shoulder lines which are not helpful for slowing down traffic as discussed at a previous meeting. If the double center lines had been offset, then there would have been room to add a shared pedestrian/bike lane on one side of the road. Mr. Bohne stated the town would not have supported an offset center line. Bishop Road is approximately 27’ wide. The road was painted to create two 11’ travel lanes, which would give the perception of a narrowed lane. A bike lane on one side would create a safety problem with bikers traveling against traffic. Mr. Bohne apologized if he had misunderstood the intent of the previous discussion. Mr. Neme asked if the 11’ lanes could be narrowed to provide a pedestrian lane. Mr. Bohne replied that the road width would not allow space for a path. In response to a question about the wide shoulders on Spear Street, Mr. Bohne said that the town has been petitioned to designate the shoulder lane as a bike lane. It is not an official bike lane and there are a number of issues to be addressed. Ms. Armstrong asked if Town staff has any suggestions on how to slow down traffic on Bishop Road. It was mentioned that police presence might help in the short term. Ms. Armstrong noted a patrol drives through occasionally, but tickets are not issued to speeders. Drivers obeying the Stop sign at the end of Quarry Road is an issue as well. There are a lot of trucks using the road as a pass-through. Speeders are high school kids and trucks from the quarry. Mr. Bohne stated staff will review police patrol records for Bishop Road. Quarry Road is a private road. Ms. Armstrong suggested there be a Stop sign at Bishop and Quarry roads. Mr. Neme said he would hesitate to place a Stop sign at that location. The proposed bike path on Spear St. and Dorset St. could include Bishop Road as a connector road. Mr. Pierce, Town Planner, will research the connection. There was further discussion of Bishop Road issues, including topography (Bishop Road is straight with hills and trucks frequently going to the quarry), speeding issues (Mr. Bohne said that the Town speed cart could be set up to measure vehicle speeds), and recording/surveying speeds to gather data.

 

Mr. Pierce explained the Vermont Municipal Planning Grant application for the amount of $12,000 to fund zoning subdivision regulation updates. The total project amount is $13,100. The Planning Commission endorsed the application at the 09/08/05 meeting. The application deadline is the end of September. If the grant is received, work will begin July 1, 2006.

 

MOTION by Ms. Levine, seconded by Mr. Boyd, to endorse the resolution for a Vermont Municipal Planning Grant application in the amount of $12,000 as presented, and to authorize the Selectboard Chairperson to execute the document for a total of $13,100 draft budget. VOTE: unanimous (3-0); motion carried.

 

The documents were signed.

 

Mr. Bohne reviewed the proposed amendment to the Shelburne Impact Fee ordinance. The public hearing was opened. There were no comments from the public. Mr. Neme asked for clarification relative to the analysis of impact fee tables:

·        Calculation adjusted down by seven percent (not all Shelburne students attend CVU).

·        Credit tables, identified for reducing impact fees related to tax payments for new dwelling paid to offset bond payments.

Mr. Bohne explained calculation rates (#1, page 3, 1^st paragraph) that reflect grades K-8 and the actual number of students at CVU (grades 9-12 enrollment). The discount relates to where students actually go to school.  Mr. Frankenburg added the credit tables are typical, and are used by other towns that charge impact fees. There may be a timing issue between annual debt payments for the project and impact fees collected. Debt Service has to be paid whether or not an impact fee is collected. Mr. Neme observed as calculated the figure appears as a complete credit. It is unclear if Shelburne’s share (of the CVU expansion costs) over twenty years is a smaller share. Also, there is a question regarding the calculation of the Grand List growth. Mr. Frankenburg stated it appears recent trends have slowed down to approximately 2%. The calculation does not take into account re-appraisal.  Mr. Neme suggested action be postponed pending further information from staff on the questions raised.

 

MOTION by Mr. Boyd, seconded by Ms. Levine, to continue the public hearing regarding an amendment to the Education Impact Fee relative to the cost of CVU Construction on 09/27/05. VOTE: unanimous (3-0); motion carried.

Rich Ranaldo, Route 7 Reconstruction Project Manager, reviewed progress on the project to date. The project is close to completion. The Public Advisory Committee, formed to establish parameters of design and support the vision, was a successful collaboration. Changes in traffic patterns should be evident in the next two weeks. The brochure developed as a user’s guide for “U” turns (not illegal) was reviewed. The lane alignment (two lanes going north and two lanes going south with a 14’ median) was also reviewed.  Other elements of the project include sidewalks and bike lanes on both sides of Route 7. There are eight bus pull-off areas with shelters on the east side, left turn lanes, light signalization for protected turns, and IDX and Webster Road “U” turn radii for trucks and trailers. There is a pre-emption system for fire trucks at all signal lights. Trucks can “ramp” up over granite curbs in the medians if necessary. There will be landscaping in the grass strip between the road and sidewalks. Information on the website is updated weekly.  Mr. Boyd asked if blacktopping, curbing, and painting will be done this fall. Mr. Ranaldo replied the top level of paving will be done next year.

 

Jane McKnight, resident and business person in Shelburne, asked if left turns onto Webster Road will have to use the jug handle. There is a concern that it would be easy to miss the turn. Mr. Ranaldo will review the matter to determine if directional signage is needed. For pedestrians, there are crosswalks at all signalized intersections.

 

David Davis and Jane McKnight, CCTA representatives, reviewed an informational sheet about potential growth for CCTA, budgeting, the five member communities, Williston service, and commuter service to Montpelier, Middlebury, and Essex-Burlington. Ridership is increasing. CCTA has contracted with UVM for bus service which might expand to other area colleges.  Ms. Levine asked if the new affordable units at Ockert Lane will have bus service. Ms. McKnight explained the cost to extend bus runs. Adding 14 weekday trips result in an annual cost of $46,000. With trips on Saturdays (for a total of 19 daytrips) the additional annual cost is $14,000. The most requested trip is Cherry Street to Shelburne at 5:45 p.m.  There was lengthy discussion of the bus schedule, increased federal funding, the suggestion for an on-line survey (CCTA will research when the last survey was done), the number of inquires for the 5:45 p.m. run (Ms. McKnight will check on the number), who will market additional runs (the cost of each bus shelter is approximately $18,000 so effort will be made to successfully market the runs), and if the ridership expense balanced with user service and the cost/benefit. Mr. Davis stated the Selectboard’s concerns will be brought to the CCTA retreat for discussion. Mr. Neme said that assuming there is interest in expanded service, the town could conduct a survey and pursue additional runs.

Mr. Bohne stated a summary of damage costs were forwarded to the Vermont League of Cities and Towns last week. Town staff has viewed the damage at the Watts residence. The damage is substantial.  There was discussion of the League of Cities and Towns requirements that include an indication of homeowner coverage for any or all of the damage (Ms. Watts said she established she did not have coverage), the portion already paid by the League of Cities and Towns for cleanup (League of Cities and Towns will pay $10,000 and the Town will pay an additional $13,202), and structural repair and personal property replacement. Ms. Watts explained the actual construction estimate was $13,688 per her memo, Item #3. Personal property damage was $9,500 for total damages of $23,200. VLCT included cleanup as part of the $10,000 payment. Ms. Watts asked to have clean up “de-linked” from her claim. Mr. Bohne stated the bill was submitted to the Vermont League of Cities and Towns who paid a portion of the claim. Ms. Watts said VLCT asked her to sign a waiver of responsibility which she did not do. Mr. Neme asked if the itemized list was reasonable. Mr. Bohne explained he and the insurance adjuster viewed the damage and took pictures. There is no question damage was done. In order to install a back-flow blocker, the concrete floor in the basement needs to be removed (with a jack hammer). Mr. Bohne explained the request will authorize town payment of any/all additional costs not covered by VLCT. Mr. Bohne said funding could come from the Sewer Fund or Discretionary Fund. It was noted this is the largest claim against the town. Ms. Levine asked about homeowner sewer back-up/flood insurance to cover homeowner out-of-pocket expenses. Mr. Bohne was unsure of what a rider policy would cover.

 

MOTION by Ms. Levine, seconded by Mr. Boyd, to authorize the town to pay up to $15,788 to reimburse Linda Watts for damage caused by a sewer backup with the funds begin taken from the Sewer Fund and/or Discretionary fund if needed. VOTE: unanimous (3-0); motion carried.

 

There was discussion of various methods the Town utilizes when sending out tax notices, which include a note on a sandwich board on the green. Mr. Bohne said Mr. Serisky paid when he received a delinquent notice. Per Selectboard policy, a one percent interest was not assessed for the first month of delinquency. Mr. Serisky overpaid $14.77 in interest.

DISCUSSION: It was agreed the general population is aware when taxes are due in town. Mr. Neme asked if Mr. Serisky’s mailing address was checked for accuracy. Mr. Frankenburg stated the address was confirmed.

VOTE: 0 ayes, 3 nays (Neme, Levine, Boyd); motion did not carried.

  

Mr. Bohne explained Barbara Bergmann paid her tax bill on time, but transposed numbers ($3,420.44 was due and the Town received a check for $3,240.44). The balance due is $180 which has been paid.

 

MOTION by Mr. Boyd, seconded by Ms. Levine, to grant the request for waiver of penalty for delinquent property taxes in the amount of $14.40 on the lapse of a $180 payment by Barbara Bergmann.

DISCUSSION: Mr. Neme pointed out under state statute the Selectboard has no latitude to waive the eight percent penalty. Interest can be waived.

VOTE: 0 ayes, 3 nays (Neme, Levine, Boyd); motion did not carried.

 

Mr. Bohne reported the Hullcrest storm water project is moving forward. One component can be pulled out and the Town is asking the contractor to adjust the bid accordingly. The State of Vermont is exploring options to bridge the shortfall. Also, VTrans is approaching other towns regarding transfer of STAG grant funds to Shelburne. In the future, Shelburne will forego some grants to reimburse the money. Mr. Bohne explained storm water issues from the Birch Road neighborhood, and replacing two culverts in the Pinehurst area with a concrete box culvert to bring down the cost. Ms. Levine noted the item lists between the Town engineer and the contractor are different. Mr. Bohne explained staff did an item comparison. The Town Engineer used compiled averages over several years. Other contractors have been contacted and staff found a ten percent (higher than the town estimate) to five percent (lower) differential. Mr. Neme said that the bid received was 25 percent higher than the estimate. Mr. Neme asked if items can be removed and put out for re-bid. Mr. Bohne noted there may be cost increases in a re-bid relative to the current construction climate, cost of fuel, and escalated cost of materials. Staff is trying to get the job done in a timely manner. The Board will be updated via email should a special meeting be needed.

 

Mr. Bohne reported Wake Robin withdrew their request for sewer allocation.

 

MOTION by Mr. Boyd, seconded by Ms. Levine, to approve the sewer allocation request by Pat O’Brien, 89 LaPlatte Circle, for 140 gpd from Plant #2 as presented.  VOTE: unanimous (3-0); motion carried.

MOTION by Mr. Boyd, seconded by Ms. Levine, to approve the sewer allocation request by Ken Albert, Route 7 south of Bostwick Road, for 1,372 gpd from Plant #2 as presented. VOTE: unanimous (3-0); motion carried.

MOTION by Mr. Boyd, seconded by Ms. Levine, to approve the sewer allocation request by John Koerner, 6305 Shelburne Road (formerly Trudi’s), for 548 gpd from Plant #2 as presented.  VOTE: unanimous (3-0); motion carried.

Mr. Frankenburg explained the opportunity to refinance sewer and water bonds originally issued in 1991 resulting in a $6,000 savings for each bond over three years. There will be a charge from the bond agent.

 

MOTION by Mr. Boyd, seconded by Ms. Levine, to approve and execute the Vermont Municipal Bond Bank documents as presented. VOTE: unanimous (3-0); motion carried.

The Selectboard signed the Liquor License documents.

 

Approval of the Selectboard minutes of 08/23/05 was tabled.

 

MOTION by Mr. Boyd, seconded by Ms. Levine, to approve the minutes of the special Selectboard/Shelburne Farms meeting on 09/07/05 as written. VOTE: unanimous (3-0); motion carried.

Mr. Bohne reported the Shelburne Police Department was a successful participant in the “Click-it or Ticket-it” competition, and received a new light bar. Thank you notes were reviewed.

 

Mr. Boyd reported an e-mail was sent about traffic calming in the village to reduce speeds. The Town should look at options within the study area. Mr. Bohne stated money is included in the budget cycle for next year. Design work is needed. Falls Road and Marsett Road will be looked at separately.

 

Mr. Neme asked for an update on Shelburnewoods. Mr. Bohne reported the first 90-day period (for the sale of the park) is ending shortly. Negotiations are ongoing. Neither the Town nor Burlington Land Trust have been approached for open space funding or potential affordable housing.

 

MOTION by Mr. Boyd, seconded by Ms. Levine, to adjourn the meeting. VOTE: unanimous (3-0); motion carried.

 

The meeting was adjourned at 9:30 p.m.

 

Accepted,

 

Chris Neme, Acting Chair, Shelburne Selectboard.

MEMBERS PRESENT:       Jim Dudley, Chairperson; Chris Neme, Lisa Levine, Jim Talley, Chris Boyd.

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

OTHERS PRESENT:            Gary Webster, Melissa Sargent, Colleen Haag, Tayt Brooks, Linda Goodrich, Susan Jennings, John Wooster, Tom Candon, J. Joaques, Joan Jennings, Sarah Wooster, Katie LaClair, Linda LaClair, Judy Boutin, Stephen Jennings, Eric Desch, Mark Willis, Cherie Schnada, Bernie Gagnon, Greg Thweatt, George Nicola, Neal Albert, Will Dodge, Joe Papa, Don Senecal-Albrecht, Linda Past, Bill Embick, Holly Fleck (Shelburne News), Sue Davis (Shelburne News), and others.

 

SITE WALK

Prior to the Selectboard meeting, a site walk was done at the town green to review possible by-ways sign locations.

 

The Selectboard entered Executive Session at 6:30 p. m. for the purpose of discussing personnel matters.

Mr. Dudley called the regular meeting to order at 7:10 p.m.

 

No changes.

None.

 

4.         PRESENTATION OF VERMONT PUBLIC SERVICE AWARD – CERTIFICATE OF APPRECIATION TO JOAN WOOSTER (JENNINGS) IN RECOGNITION OF VOLUNTEER SERVICE AS MEMBER OF SHELBURNE RESCUE

Colleen Haag, Shelburne Town Clerk, explained that every five years a Vermont Public Service Award is presented to a nominee in recognition of outstanding service to a town. Joan Jennings is this year’s recipient of the award in appreciation of her efforts to found and serve on Shelburne Rescue for over 20 years. Mark Willis, Squad Chief on Shelburne Rescue thanked Ms. Jennings on behalf of the town and squad. Mr. Dudley presented the Vermont Public Service Award plaque to Ms. Jennings.

 

5.         PUBLIC HEARING: AMENDMENT TO THE EDUCATION IMPACT FEE TO ADD THE COST OF CVU CONSTRUCTION

Mr. Dudley opened the public hearing regarding the amendment of the education impact fee ordinance to include the CVU expansion construction. It was noted hearing is being continued from the previous Selectboard meeting. Mr. Bohne pointed out if changes are necessary, the proposal can be amended. It was noted a letter from Tayt Brooks, Government Affairs Director, Home Builders and Remodelers Association, dated 09/23/05, was received outlining the concerns of the Association.

 

Tayt Brooks reviewed research materials and data that included US Census records and Shelburne student enrollment numbers.  Of note is declining student enrollment in Richmond, impact of new housing starts in Shelburne, and Shelburne student enrollment that peaked last year with a projected decline for the next 10-15 years. There is question of the need and legality of a CVU Impact Fee. In Richmond, under Act 60 and Act 68 it is difficult to remove school staff which ends up as a penalty to the town. Mr. Dudley asked if Richmond is instituting an impact fee for future expansion of schools. Mr. Brooks said Richmond is investigating pay-down of past school expansion. Richmond is below pre-1990 student enrollment level, and the decline is predicted to continue over the next 10 years. Enrollment might rebound, but not to current numbers.

 

Ms. Levine asked why Shelburne paid such a large proportion of the CVU expansion. Mr. Dudley stated the issue was addressed several times during the bond vote debate. Studies of town and school growth helped determine the amount paid by Shelburne. Debt service is recalculated year-to-year. The number was not fixed when the bond was taken out. There was further discussion of student numbers in grades K-8, trends related to the US Census and the Richmond School analysis, Shelburne student numbers per CSSU (does not include private school students), and new subdivisions in town currently in the review and approval process. Mr. Dudley pointed out the time to discuss population estimates is past. The amendment can be revisited if there are significant changes to student enrollment and growth. Mr. Brooks asked for statistics on the CVU expansion and was directed to the CSSU Office for data.

 

There was discussion of adopting the amendment or delaying the vote pending further review of data. It was noted the amendment to the education impact fee could be adopted and the public can petition to have the vote rescinded. It was also noted several public hearings were held for the bond vote. There have been discussions held regarding applications, permits, and tax credits on new homes. Data were used from the CSSU Office, and the conclusion is that Shelburne will continue to grow.  Mr. Brooks interjected the data do not take into account students leaving the system.

 

There were no further comments. The public hearing was closed.

 

MOTION by Ms. Levine, seconded by Mr. Boyd, to adopt the amendment to the Education Impact Fee Ordinance to add the cost of the CVU construction as presented. VOTE: unanimous (5-0); motion carried.

Staff will correct any errors in the document and provide the Board with a clean draft for signature.

 

Dan Senecal-Albrecht presented two color mock-ups of proposed Scenic By-Ways signs for Board review and comment. Following the site walk, a few locations were selected for the signs with consideration to the sensitivity of the town green. Potential sites include the Falls Road side of the Pierson Building or to the north near the nose-in parking spaces (half way down the parking area). It was suggested the sign be horizontal versus a vertical profile. Mr. Senecal-Albrecht reviewed the text and maps to be shown on the signs in specific locations (TiHaul Road, walking trails, and a panel at the boat launch). The schedule has been pushed back to allow time for all legal documents to be completed (doing a total of 32 panels). Installation is projected for 2006.  Suggestion was made to have the Shelburne brochures produced by CCRPC in the brochure holder on the signs. (Copies of the brochure can be secured from CCRPC.)  A sample of the Lake Champlain By-Way signs was shown.

 

Mr. Bohne gave a brief history of the Hullcrest storm water project, funding options, and potential to construct a discrete portion of the project (with an offset credit from the state) from Southcrest Village or the proposal from the lone bidder to provide an “or equal” equipment for the storm chambers (the contractor’s suggestion turned out not to be “or equal”). The Town can directly purchase chambers for a savings of approximately $50,000. Chambers and topsoil are needed. The project will be put out for re-bidding. Funding will be set to begin the project in the spring and complete work by June.

 

The discrete portion of the project was broken into two major components:

 

The lone contract bid was discussed. The construction period is 90 days. Options were explored and discussed with the state engineer who felt the bid was overpriced and could not support the request for additional funding. Mr. Gagnon stated the chambers are up to three feet in diameter, 220’ to 270’ long in eight foot sections. The town can purchase the chambers from a supplier and the supplier will store them on their site until needed. Total funding is $514,600 broken down as follows: $300,000 from a grant, $150,000 state funding, and $65,000 storm water funding. The Town has spent $126,000 for permitting/study and engineering. There is $388,000 remaining. The preliminary estimate for the chambers is $130,000, the manholes are $12,000, and $17,000 for topsoil. There is $100,000 remaining from the grant to apply to Phase II. The state will be supportive of additional funding. At worse case, $280,000 may be needed. The state needs assurance the town has received legitimate bids for the project and what the project cost is. This is the first storm water project in the state and the state wants to make sure it is successful. Mr. Gagnon said the grant money will be used for purchases of the materials. There will be $100,000 in grant money remaining. It was observed if the project could not be done, the town would not have used the townspeople’s money toward the job.

 

Mr. Senecal-Albrecht, resident, pointed out the town spent $100,000 to rip up the park for engineering work and to get free dirt. The question is why the town ripped up the park when there was only $300,000 available, and why did the bid documents go out in July during the middle of the construction season. Ripping up the park has impacted the neighborhood. There is concern if the re-bid is not successful, the neighborhood is left with an unusable park. Mr. Bohne explained the time to secure the necessary permits has taken longer than expected. In response to a Board question, Mr. Bohne explained that the crossing of the Pine Hurst culverts was eliminated. The state of the park is short-term. Even if the park had been rebuilt this fall, it could not be used until mid-summer of next year. The parking lot is still usable and the town will flood an ice skating rink for the winter. Five contractors purchased the project plans, but only one bid was submitted.

 

Mr. Embick, park abutter, asked when the dirt piles will be gone. Mr. Bohne said the site can not be accessed until the ground dries out in May. The project will take 60-days and the site will be seeded.  Concern was expressed about safety and the dirt piles (children are riding bikes on the dirt piles and will likely use the piles for sliding in winter).  Mr. Bohne stated the site can be posted or policed. Parents can also prohibit their children from the site. Mr. Gagnon said there has been discussion of fencing along the front side of the dirt pile to discourage use.

 

Linda Past, resident, suggested the Town post the dirt pile or open up the park again. The dirt pile is an attractive nuisance. There is a hedgerow at the end of the pile and teenagers gather there with cars.  The Town should install no parking signs. Mr. Bohne said staff will check on the status of the no parking signs. Mr. Dudley asked if the concern is the dirt pile or the entire project. Ms. Past stated the Town should declare the area a construction site or open the park. Mr. Senecal-Albrecht said that the hill is dangerous. The kids come down the dirt pile into a hedgerow where there are boulders and trees. Mr. Gagnon said the Town will fence off the pile and put in a skating rink. Mr. Senecal-Albrecht suggested Town staff send a letter to the neighbors regarding the status of the park.

 

Mr. Embick asked about an ordinance regulating the hours of the park. Mr. Bohne was uncertain if there are hours posted for the park. Individuals were urged to contact the Shelburne Police Department if there is illegal activity taking place at the park. It was suggested “No Trespassing” signs be posted at the dirt piles.  There was discussion of the potential to flatten the dirt pile until spring (expensive and a permit to work in the wetland would not be granted), erosion control matting and grass seeding that has been done, phasing the project as explained by staff, and federal and state funding that will cover the cost of Phase I.

 

MOTION by Mr. Boyd, seconded by Mr. Neme, to support the proposal to move the Hillcrest Storm Water construction project forward and proceed with Phase I based upon final approval by the State of Vermont, and provide the Board with the cost of the proposed pre-purchase of equipment/materials for consideration.

DISCUSSION: There was discussion of the funding of Phase I and Phase II contingent on construction over sight and that the contractor is willing to cut out portions of the scope of work. Mr. Bohne said staff has made it clear the project (portions remaining) will be re-bid.

FRIENDLY AMENDMENT by Mr. Talley that funding for Phase I be an authorized expenditure limited to quotes received and the Director of Public Works and Town Manager will use discretion of ordinary and construction margin.

VOTE: 4 ayes, 1 nay (Ms. Levine); motion carried.

 

Mr. Bohne reviewed that Unicel was asked to explore alternate locations for wireless carriers. A study was done and a copy of the report was sent to Mark Hutchins, the Town’s Radio Frequency Engineer, for review. Mr. Hutchins generally agreed with the study that there would be a degradation of service at the Wake Robin water tank, and the best quality of service was at the south water tank. There is a request from RCC Atlantic to resolve the lease agreement clause to eliminate the best effort to find an alternate location.

 

Will Dodge, wireless carrier representative, stated it is not worthwhile to come back every year with engineering studies and technical issues. Mr. Hutchins’ letter agreed that the best option is to stay where the carriers are currently located or construct a monopole next to the water tank. The carriers agree the best option is to stay where we are. Mr. Dudley noted the issues have been discussed with the Town Manager. There may be a private entity that will put up a tower, and the town should not be in competition with that. Staff has been asked to draft a resolution covering the situation of a private tower and reasonable agreements between the carriers and a private entity, and the Town agreeing to the carriers locating on the private tower. The Town does not want to be an obstacle to private enterprise. Mr. Bohne stated Mark Snelling may investigate the potential for a tower. Town leases could be negotiated with the carriers, however, staff is not certain it will be an easy process to permit a private tower.

 

Mr. Neme expressed preference for a monopole next to an existing location (less visual impact) if a private tower is permitted. Also, releasing the carriers from the existing leases if requested is acceptable.  Mr. Bohne stated there is court precedent that public assets not be used to compete with a private enterprise. There is a tower existing in a site that provides the best service for the carriers so why permit a new tower next to an existing site.

 

Town zoning was mentioned. Also, the applicant must look at existing structures before building new. The carriers have followed the requirements per the telecommunications ordinance. Mr. Dodge noted a clause in the lease would need to be changed relative to a fully legally permitted tower (must demonstrate the private tower is better than the existing location). Mr. Dudley suggested the Town Attorney provide an opinion and the wireless companies review the draft motion. Mr. Bohne pointed out the adjoining landowner feels public assets should not compete with private enterprise. Mr. Dodge requested a copy of the Town Attorney’s opinion when it is issued.

 

Mr. Bohne reviewed the letter from the Deputy Assessor to correct an assessment based on the sale of property to the State of Vermont for the Route 7 reconstruction project.

 

MOTION by Mr. Neme, seconded by Ms. Levine, to approve the Shelburne Assessor’s request for a correction of property value as an Error or Omission as presented. VOTE: unanimous (5-0); motion carried.

MOTION by Mr. Talley, seconded by Ms. Levine, to approve the minutes of 08/23/05 as written. VOTE: 4 ayes, 1 abstention (Mr. Neme); motion carried.

 

MOTION by Mr. Boyd, seconded by Ms. Levine, to approve the minutes of 09/13/05 as amended:

Page 4, #7 - Ms. Levine added the following information: “Mrs. Watts claimed that the blockage stemmed from roots which was out of her control.”; “2^nd to last sentence change to read: “…claim against the Town, but a highly unusual one.”

VOTE: 3 ayes, 2 abstentions (Mr. Talley, Mr. Dudley); motion carried.

 

Mr. Bohne reported on the following items:

 

Mr. Talley reported Fire Prevention Day at Shelburne Central School on 09/27/05 served 811 students.

 

Ms. Levine asked for clarification of the zoning meeting Thursday, 09/29/05. Mr. Dudley will attend. The meeting will review the town’s zoning regulations and how the regulations might be changed to reflect the town vision.

 

Mr. Neme reported that work on the Village Plan update has begun. A site walk will be scheduled with the consultant.

 

Mr. Dudley reported Shelburne’s MPO contribution will be increasing next year. The federal appropriation will be increased which impacts the state and local contributions. The federal appropriation dates back to FY05.

MOTION by Mr. Talley, seconded by Mr. Boyd, to adjourn the meeting. VOTE: unanimous (5-0); motion carried.

 

The meeting was adjourned at 9:35 p.m.

 

 

Accepted,

 

 

James Dudley, Selectboard Chair