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minutes

April 2008

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

TOWN OF SHELBURNE

SELECTBOARD

MINUTES OF MEETING

APRIL 8, 2008
 
MEMBERS PRESENT:       Jim Talley, Chairperson; Robert Roesler, Bill Smith, Tim Pudvar, Jane McKnight.
ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Bernie Gagnon, Public Works Director.
OTHERS PRESENT:            Pam Johnson, David Johnson, Mary Jarrett, Andrew Welkind, Rene Gagnon, Steve Antinozzi, Fred Tiballi, Dick Elkins, Lynnette Whitney, John Lavoie, Chris Preston (Shelburne News).
1.         CALL TO ORDER
Mr. Talley called the meeting to order at 7:00 p.m.
 
2.         APPROVAL OF AGENDA
There were no changes to the agenda.
 
3.         CITIZEN PARTICIPATION
Bike Path
Andrew Welkind, resident, expressed concerns related to the proposed 10’ wide path along Webster Road. Ms. McKnight asked if the Board should consider receipt of the Mt. Philo sidewalk concept plan prior to a public hearing. Bernie Gagnon, Public Works Director, pointed out that the Board authorized staff to apply for a grant for the Mt. Philo Road sidewalk study. A conceptual plan has been drawn up and the next step is an engineering study. The Town will apply for a construction grant in May. Ms. McKnight suggested the next step should be a public hearing. Mr. Smith stated a majority of voters voted in favor of the path projects at the March Town Meeting. Bond issues were voted on as well. Citizen concerns do need to be heard. Mr. Welkind said that at the March Town Meeting the voters approved permission for the Board to borrow money, not to do the path. Mr. Talley clarified that the language in the article was to bond for and build the path projects. The Board has not authorized any project yet. Mr. Welkind clarified he is not concerned with the Mt. Philo sidewalk project, but with the Webster Road portion. The public understood concerns could be voiced. The Paths Committee meeting in March was postponed.  VTrans indicated the conceptual plan submitted by the Town is what will be built, stated Mr. Welkind, and the path will be 10’ wide because the Town wants that width. Mr. Welkind contended that the Mt. Philo Road plans are quite complete, and this planning is far down the road for anyone to have input. Bernie Gagnon explained the proposed Mt. Philo Road conceptual plan shows “in concept” what the path will be dimensionally. There are no details or cross sections shown. The site plan will show cross sections of where there will be driveway cuts and fill. The Webster Road concept plan is the same. The next step is a more detailed plan and the Town will negotiate right-of-ways.
 
Pam Johnson, 21 Stonegate Road, stated no one talked about the Webster Road project in seven years, but now a 10’ wide path will be built and infringe on her yard. Ms. Johnson said she was not notified, but she contacted a member of the Paths Committee and was told the path will be in the town right-of-way. Ms. Johnson asked if the path can be narrower in front of her house. Mr. Talley stated Dubois and King was hired to study the feasibility of the path, and proposed a 10’ wide path for safety reasons. When the Board accepts a conceptual plan it is only acknowledging receipt of the work that the Town commissioned; it is not approving construction of the project.
 
MOTION by Ms. McKnight, seconded by Mr. Smith, to review the presentation by Dubois and King (consultants) and consider acceptance of the conceptual plan for the Mt. Philo Road sidewalk as presented.
DISCUSSION: Ms. Johnson asked if concerns regarding the Webster Road path have been dropped. Ms. McKnight clarified the motion simply advances consideration of Agenda Item #4 (Presentation and Consideration of approving the Concept Plan for the Mt. Philo Road sidewalk).
VOTE: unanimous (5-0); motion carried.
 
Mr. Talley stated the Webster Road project hearings were held eight weeks ago. The hearings were properly noticed in the local newspaper. Shelburne News ran articles. Hearings were posted on the town website. Webster Road sidewalk presentations were held at Selectboard meetings. There are some outstanding items to resolve relative to the Koch/Clark property. The Board is only accepting the report from the consultants. Bernie Gagnon further explained the Webster Road process includes concept, preliminary and final plan review. Each design segment will show some amount of detail. Conceptual plan hearings are held to gather public feedback which can result in a change to the path alignment. Preliminary plans are submitted to the state and show changes based on public comments. After preliminary approval the state gives authority to negotiate easements if the path is outside of the right-of-way. There are several places along Webster Road where the path will be outside the right-of-way. The Town will negotiate with the affected property owners.
 
Mr. Roesler asked for confirmation that the plans are conceptual and not given to a contractor for bid. Mr. Gagnon stated conceptual plans are not sufficiently detailed for a bid process. In addition, staff does not have authority to seek bids at this time. More public comment is needed and reaction to changes if necessary. An example is addition of a crosswalk at Acorn Lane and the path was narrowed at the brook and in front of historic properties. There was further discussion of the proposed Webster Road path, opportunity for public input, state design criteria for bike/pedestrian paths, potential for an eight foot wide path variance (the state allows variances under certain conditions), the process followed for the Webster Road path that started five years ago, and a 10’ width matrix for multi-use paths, which is the standard width. If there was a request to narrow the path on Webster Road to eight feet. Mr. Bohne stated the entire process would have to be done over and consultants hired to prove the previous design/concept was not workable. The consultants use design criteria which dictate use.
 
Bonnie Caldwell, resident, stated she sold the land that became the Boulder Hill development. The path was originally designed to run behind Boulder Hill and the golf course, but now the design appears to show the bike path going to the intersection of Webster Road/Spear Street and up Spear Street (by the golf course). Spear Street is a dangerous, busy road and the path is narrow. The path would not be safe for inexperienced bike riders (children, grandparents). A path behind Shelburne Heights and the golf course is safer. Bernie Gagnon stated the Spear Street bike lane is not a path, but a 3’ wide shoulder on the east side of the fog line. What is proposed is the same as exists on the west side of the road.
 
4.         PRESENTATION AND CONSIDERATION OF APPROVING THE CONCEPT PLAN FOR THE MT. PHILO SIDEWALK
Bernie Gagnon reviewed the proposal for the Mt. Philo Road sidewalk and process that includes a priority list, CCMPO sidewalk grants, and a design grant for the Mt. Philo Road portion. The town match is $50,000 provided by a bond vote. Residents on Mt. Philo Road have been notified by letter. There is no negative feedback. Mr. Gagnon said he met with two residents at their homes to explain the sidewalk design. Design issues will come before the Board before staff files the grant application in May. Lynnette Whitney with Dubois and King was introduced. Ms. Whitney explained the proposed Mt. Philo Road sidewalk project which has a minimum width of five feet to accommodate ADA and federal sidewalk design criteria. There is also a five foot green strip between the walkway and road. The sidewalk will be 2,400 linear feet from the Falls Road/Mt. Philo Road intersection to Wild Ginger Lane on the east side of the road. The sidewalk will be within the municipal right-of-way. Driveway crossings will match driveway grades. Existing drainage patterns will stay the same.
 
Rene Gagnon, Mt. Philo Road, noted he worked with Paul Goodrich on drainage issues and asked if the grade will be the same. Ms. Whitney said the grade will remain. Mr. Gagnon stated water drains into the Wilson’s garage due to the clogged culvert on Bacon Drive.  Staff will check the culvert.
 
There was a question about speed bumps. Ms. Whitney said there were no plans for raised speed bumps on Mt. Philo Road. Crosswalks will have warning signs and painted lines on the road pavement.  A drainage ditch and the hillside prevent a sidewalk on the west side of the road. Crosswalks will be installed at Wild Ginger Lane and Littlefield Drive. Construction cost is estimated at $216,000. Bernie Gagnon stated there will be winter maintenance on the sidewalk. Next steps include gathering public feedback that will be incorporated into the design plans which will be presented to the Selectboard prior to the due date for the grant application (May).
 
MOTION by Mr. Roesler, seconded by Mr. Smith, to accept the concept plan for the sidewalk on Mt. Philo Road as presented. VOTE: unanimous (5-0); motion carried.
 
5.         CONSIDER AGREEING TO BEGIN PROCESS OF AMENDING THE SEWER SERVICE AREA
Mr. Talley gave a brief history of the existing sewer service district. Mr. Bohne clarified that the sewer service area map outlines the area where sewer service is available to residents. The Allocation Ordinance grants sewer allocation. Section 5 of the ordinance talks about the sewer service area which was drafted in 2000 and adopted in 2001 during renovation of the two sewer treatment plants. The ordinance requires that the allocation formula be revisited every three years.
 
Dick Elkins said he was on the sewer commission prior to the current system. The sewer lines were drawn so that the Town could direct growth.
 
The Board suggested that the Planning Commission review the sewer service area and forward recommendations. Staff will contact the Town Planner.
 
Fred Tiballi, resident, explained his request to amend the sewer service area (Mr. Tiballi reserved the right for a sewer easement on a parcel of land he owns adjacent to the sewer district in exchange for land given to the town that was in the sewer district). He stated that a bylaw allows the Town to extend the sewer line 50’ beyond the district. VELCO has an easement between the Tiballi parcel and the town parcel. The sewer easement will serve Mr. Tiballi’s farm.
 
6.         CONSIDER RECEIPT OF THE SHELBURNE ZONING BYLAW AMENDMENTS AND SETTING A HEARING FOR MAY 13TH
MOTION by Mr. Roesler, seconded by Mr. Pudvar, to accept receipt of the Shelburne zoning bylaw amendments and schedule the first public hearing on the amendments on May 13, 2008. VOTE: unanimous (5-0); motion carried.
 
7.         DISCUSSION OF ETHICS AND CONFLICT OF INTEREST ORDINANCE
Discussion deferred until the next meeting of the Selectboard.
 
8.         CONSIDER APPROVING LIQUOR LICENSES FOR CUCINA ANTICA, SPILLANE’S SERVICE CENTER, AND THE OLD SHED BAR AND GRILL
The Selectboard signed the liquor licenses as presented.
 
9.         CONSIDER APPROVING MINUTES OF MARCH 25, 2008
MOTION by Mr. Roesler, seconded by Mr. Smith, to approve the Selectboard minutes of March 25, 2008 as written. VOTE: unanimous (5-0); motion carried.
 
10.       MANAGER’S REPORT
Mr. Bohne reported on the following items:
  • The Town negotiated a telecommunications lease with Sprint. A lease with Nextel is expected. This will bring in additional revenue.
  • Staff forwarded the quarterly budget report for Board review. Mr. Bohne asked whether there were questions or comment.
 
11.       MEMBER CONCERNS
Mr. Roesler asked for a publicized time to discuss bike/pedestrians paths and a presentation of the zoning revisions by the Town Planner at the next Board meeting. Staff will prepare a summary of the path reports for the Board.
 
Mr. Talley asked about follow up on the Brian Precourt issue.
 
Mr. Talley suggested a Board retreat on May 10, 2008. An agenda will be sent to the Board for comment.
 
12.       EXECUTIVE SESSION and/or ADJOURNMENT
MOTION by Mr. Roesler, seconded by Mr. Smith, to adjourn the regular meeting and enter Executive Session to discuss personnel matters where public knowledge might place the Town at a disadvantage. VOTE: unanimous (5-0); motion carried.
 
The regular meeting was adjourned and Executive Session convened at 9:12 p.m.
 
MOTION by Mr. Roesler, seconded by Mr. Smith, to leave Executive Session. 
VOTE: unanimous (3-0); motion carried.
 
The meeting was adjourned at 10:00 p.m.
 
 
RScty: KFurr
 
 
 
Accepted,
 
 
 
Jim Talley, Chair
For the Shelburne Selectboard
 
RScty: KFurr

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

TOWN OF SHELBURNE

SELECTBOARD MINUTES OF MEETING

APRIL 22, 2008
 
MEMBERS PRESENT:       Robert Roesler, Acting Chairperson; Bill Smith, Tim Pudvar, Jane McKnight. (Absent: Jim Talley)
ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Dean Pierce, Town Planner; Bernie Gagnon, Public Works Director.
OTHERS PRESENT:            Barbara Glade, Barbara McDowell, Christopher McDowell, Judy Frazer, Dawna Hammers, Bonnie Thomas, Ann Clark, Fred Koch, Brian Precourt, Sue Moraska, Bill Deming, Wright Caswell, Bonnie Caldwell, Dorothea Penar, David Webster, Gary Von Stange, Lee Suskin, Andrew Welkind, Steve Antinozzi, Dick Elkins, John Giebink, James Bahrenburg, Myra Handy, Susan McLellan, Brian Precourt, Chris Preston (Shelburne News).
 

6:00 p.m. Executive Session – Real Estate Negotiation
 
1.         CALL TO ORDER (regular meeting)
Mr. Talley called the regular meeting to order at 7:25 p.m.
 
2.         APPROVAL OF AGENDA
No changes.
 
3.         CITIZEN PARTICIPATION
None.
 
4.         PUBLIC HEARING: CONSIDER AMENDING TOWN PLAN BY CORRECTING ERROR IN THE FUTURE LAND USE MAP AND RECLASSIFYING ONE LOT ON NORTHSIDE DRIVE
Dean Pierce, Town Planner, narrated a power point presentation on the proposed Shelburne Comprehensive Town Plan amendment to fix a mistake in the Land Use Map (Farrell property) and to respond to a request to reclassify Lot 9 in the Pizzagalli subdivision. Mr. Pierce explained a report is required by state statue which was forwarded to the Board regarding compatibility of changes to state statutes. There is a set of findings. There has been no precedent for changing zoning for a single parcel. The amendment speaks to whether there are any similarities. There have been small overlay zones for groups of parcels, but not for a single land owner.
 
PUBLIC COMMENTS
James Bahrenburg, resident, said he was not aware that Lot #9 was not in a residential zone. Mr. Bahrenburg stated his intention to build a house on the lot, noting there would have been three lots and he would have resided on one of the lot. Everything north is currently residential. Mr. Pierce stated the Planning Commission did discuss some of the issues, including the stream, wetlands, and a pond in the Industrial/Commercial zone. There was consideration of different options. Mixed Use does allow residential uses.
 
There were no further comments.
 
MOTION by Mr. Smith, seconded by Ms. McKnight, to close the public hearing on amending the Town Plan, and to schedule the next hearing for May 13, 2008. VOTE: unanimous (4-0); motion carried.
 
5.         PRESENTATION BY DEAN PIERCE, DIRECTOR OF PLANNING, AND DISCUSSION OF MAJOR AREAS OF CHANGE IN THE PROPOSED AMENDMENTS TO THE TOWN OF SHELBURNE BYLAWS
Mr. Roesler stated the new zoning ordinance will complement the Town Plan adopted in 2007. The first public hearing is scheduled for May 13, 2008. Dean Pierce narrated a power point presentation on Shelburne’s zoning and the new zoning bylaws prepared by the Planning Commission for the Selectboard to consider for adoption. The scope of proposed zoning changes were reviewed district by district. The proposed changes are posted on the Town website.
 
6.         DISCUSSION OF CONCERNS REGARDING THE MT. PHILO ROAD SIDEWALK, ADDITION OF BIKE LANES ON SPEAR STREET, AND THE WEBSTER ROAD MULTIUSE PATH
Mr. Roesler reviewed a brief history of the Mt. Philo Road sidewalk and Webster Road multi-use path project. The Harbor Road sidewalk will be discussed at a later time. There were no comments on the Mt. Philo Road sidewalk.
 
COMMENTS ON SPEAR STREET BIKE LANES
Bonnie Caldwell, resident, expressed concern that routing bike and pedestrian traffic past the golf course will put people in harm’s way. Ms. Caldwell said as an abutting property owner she was not informed of the path’s route. The path was to cut through Boulder Hill as part of an agreement with the developer (Bart Frisbee). The town owns 33’ from the center of the road (the road is four rods) which means a narrow bike path.
 
Chris McDowell, Spear Street/Bishop Road, stated there has been an increase of through traffic over the years. The shoulder on Spear Street was widened and reinforced two years ago. For experienced bikers the shoulder is fine, but for children there are safety issues. Today bikers and pedestrians have more of a right-of-way on the roads then motor vehicles. Spear Street has become an alternate route since the Route 7 reconstruction. The speed limit should be set at 25 mph from the golf course to Irish Hill Road.
 
COMMENTS ON THE WEBSTER ROAD MULTI-USE PATH
Margaret Glade, Webster Road, commented positively on the existing old houses and trees on Webster Road, opining the multi-use path will change the appearance. Newly planted trees will not improve the appearance. Ms. Glade expressed hope the town will reconsider the project.
 
Andrew Welkind, Acorn Lane, expressed concern about the aesthetics of the road which was discussed at the recent Paths Committee meeting. A 10’ wide path is a huge mistake. In an earlier discussion with the Town and VTrans Mr. Welkind said he was told aesthetics are not a part of the criteria. The setting and rural character of Webster Road will be destroyed. It was thought the path would go through Boulder Hill and the woods to connect lower on Webster Road. Mr. Welkind said he heard about the plans indirectly and discussed the proposed path route with the Town Planner, the Town Manager and the Public Works Director and was told it was too late to do anything about the width of the path. Mr. Welkind said he asked if there is some sort of compromise to meet the objectives and goals, such as a narrower path, but was told by VTrans that the Town wanted a 10’ wide path in order to get state and federal funding. Mr. Welkind suggested the path be reduced to 8’ wide and 6’ wide in front of historic structures. The South Burlington Dorset Street path is eight feet wide maximum and narrows to seven feet wide at Swift Street. The Burlington bike path is eight feet wide.  There is also concern about the number of signs proposed along the path.
 
Bill Deming, resident, said residents were told that nothing could be changed. VTrans said the path will be 10’ wide. Mr. Deming asked when the path plans are forwarded to VTrans for approval. Mr. Bohne said the plans were sent a month or two ago. Mr. Deming recalled at a meeting on November 27, 2007 the Town Manager said changes could be made and Ms. McKnight made a motion contingent upon resolution of impacts to historic homes. The documents should not have been sent to the state until the contingency was satisfied, stressed Mr. Deming.
 
Ann Clark, 521 Webster Road, stated they are the most affected by the project. Their house was built in 1835 when Webster Road was just a carriage path. A 10’ wide path is ludicrous, continued Ms. Clark, and the design shows the path 12’ - 16’ from the front door. Ms. Clark suggested if VTrans is inflexible about the 10’ width, the town should wait until the path can be done by the town as desired by the residents. Ms. Clark said there has been no communication and trees and property will be lost. The path is proposed to be 13’ from the house windows. Stop the project and revote, urged Ms. Clark.
 
Judy Frazer, Ockert Lane, said she grew up in Shelburne and rode a bike all over town. Ms. Frazer asked if air quality studies done. Ms. Frazer read an article by the American Lung Association regarding adverse health affects related to air pollution. The fumes and chemicals from Route 7 traffic are bad.
 
Bonnie Caldwell, resident, echoed concerns about a 10’ wide path. The March Town Meeting vote for the path was not to exceed $1.1 million.  Mr. Bohne stated there is a $300,000 in grant money and $75,000 worth of in-kind service from the town (labor/equipment) to construct a part of the Webster Road path. There is $50,000 for planning the Mt. Philo Road sidewalk and a $200,000 grant to apply to construction.  Mr. Roesler clarified that $1.1 million is on top of the grants.
 
Sue McClellan, Falls Road, observed the town generously votes for open space and now will lay down a swath of pavement.
 
Fred Koch, 521 Webster Road, stated the path is proposed to be located behind his house, taking a significant part of their property. In 2003 at the start of the proposal it was presented that a significant portion of the path would go through the Farmstead development (easement between Morrisey and Collin property) coming out by the church. The Selectboard accepted the alignment at the time. Since that time the Farmstead development has pulled the easement. Mr. Koch requested the town consider another option – that the town pay to move the Koch house back 35’ to be in line with the neighboring (yellow) house.
 
Dawna Hammers, Harbor Road, said she is a new Shelburne resident and thanked the Board for their hard work. Ms. Hammers stated the plan is short sighted and unfair. It is Earth Day and the town is talking about putting down more pavement. Fewer cars are needed.
 
Dorothea Penar noted she was a past Bike Path Committee Chairwoman and briefly reviewed the history of the path which developed out of the 1993-1994 Regional Plan. Surveys were done on where people wanted to go and the Town has tried to find ways to connect the town together. Painted lanes on the roadway are for cyclists already on the road and not for children and older riders. The path system was started to get people out of their cars. The northern plan includes Longmeadow and the Webster Road path as phase one. Webster Road is not safe for children who are already using the roads. The Paths Committee always publicized information at Town Meeting to inform people of the plans. A 10’ wide path is not a state requirement, but a federal requirement for grants. A waiver can be sought for small segments of the 10’ width. There is agreement that the 10’ width is not appropriate in some instances. The South Burlington paths are not 10’ wide because they were funded with town money and not federal funds. Kate Lampton was the Shelburne Town Planner at that time and said the town was ready to construct the paths, but the administration said to wait and look for federal funding. After reviewing the Koch property wetland issues were identified that should be avoided. Today people use the Route 7 sidewalks all the time and buses to go to Burlington.
 
Mr. Roesler noted the Selectboard had received e-mails and telephone calls from the Johnson family as well as other public comments.
 
Lee Suskin, Harbor Road, asked for a breakdown of town, state and federal funding for the total cost of the Webster Road segment. Bernie Gagnon stated the town received a $300,000 grant. There is $200,000 remaining after the design phase. Construction is estimated at $750,000. There is a $250,000 grant and the balance will be covered with town money (the town is contributing in-kind funding of labor and equipment). Mr. Suskin pointed out town, state and federal taxes are the taxpayers’ money. Mr. Suskin said his job with the state is to look for federal money which is not “free” money – all the taxpayers contribute. The Paths Committee has worked hard. The path system is in the Town Plan, but Mr. Suskin said he did not see it there. Mr. Suskin asked what will happen if nothing is done, and if the Selectboard took affirmative action on the Webster Road design. Mr. Roesler quoted Jim Talley from the April 8, 2008 Board meeting (held prior to the March 4th Town Meeting vote), noting the Board is listening to the public. Mr. Suskin asked the Town Manager to request the state to put the project on hold until the Board takes a vote. Ms. McKnight interjected there are many more steps to take, including conceptual, preliminary, and final plan review. Mr. Gagnon added when the Preliminary Plan is approved by the state then the town can begin to negotiate easements. Easements are not negotiated at the conceptual stage. There is time left in the process for changes.  There was further discussion of easements. Mr. Deming said Bruce Righi granted an easement already. Mr. Bohne explained the town has not negotiated easements yet. Mr. Righi gave an easement as a condition to build. Bruce Righi clarified he gave an easement as a condition to build on his property.
 
An audience member pointed out maintenance costs must be considered.
 
There was continued discussion of the width of the path. Mr. Welkind suggested the Webster Road path could be 8’ wide versus 10’ wide if the circumstances are shown that it is reasonable to do so. Ms. McKnight asked Mr. Gagnon if there is a way to compromise the width at this point in time. Ms. McKnight also asked if the town has received the grant money. Mr. Bohne replied that the state has received federal grant funding and the grant is federal funding. The town spends the money and is reimbursed. The engineering study that was done outlined a purpose and need for the width of the multi-use path. If the width is changed then the town must convince the state that the anticipated volume of users on the path was in error. Twenty percent, or 1,000 feet, of the path is designed at eight feet wide (from the Wormer property east to beyond the Shelburne sewage property). At the Rigee property the path narrows to eight feet wide and then widens to 10’ to Boulder Hill. Ms. McKnight asked about route changes and impact on usage figures. Mr. Bohne explained if the town reduces the need then the state will say the path needs to be eliminated going north to Longmeadow which will eliminate the connection to Executive Drive to Hullcrest.
 
Wright Caswell, Friends for Shelburne Paths and Farmstead resident, said he has been involved with getting the path approved since 2003. The path is needed. There are 48 children in the neighborhood. Webster Road is a dangerous road. Children are biking and walking to school using the road. The plan is to build path connections from Shelburne to the South Burlington sidewalks. The path is needed now. The Farmstead easement was never voted. Much effort was made to address the Koch’s concerns. A land swap was offered if the town moved the Koch house back. There are seven new neighborhoods. There have been newspaper articles, flyers, and such notifying people about the path. Other Chittenden County communities are far ahead of Shelburne with regard to paths. The issues can be resolved. Ms. Clark interjected the location of the proposed path so close to their front door is an invasion of privacy. The work by the Bike/Path Committee is acknowledged and appreciated.
 
7.         CONSIDER REQUEST FOR WAIVER OF PENALTY FOR LATE PAYMENT OF PROPERTY TAXES BY MYRA HANDY
Mr. Roesler noted receipt of a letter from Myra Handy requesting waiver of the penalty for late payment of taxes. Myra Handy and Dickens Steven explained extenuating circumstances (death of a family member and complicated house sales) that resulted in the missed payment of property taxes. There was discussion of the eight percent penalty set in the Town Charter.
 
MOTION by Mr. Smith, seconded by Ms. McKnight, to waive the penalty for late payment of property taxes by Myra Handy. VOTE: 4 nays (Smith, McKnight, Pudvar, Roesler); motion did not carry.
 
8.         CONSIDER APPROVING MINUTES OF APRIL 8, 2008
MOTION by Mr. Smith, seconded by Mr. Pudvar, to approve the minutes of 04/08/2008 as written. VOTE: unanimous (4-0); motion carried.
 
9.         MANAGER’S REPORT
None.
 
10.       MEMBER CONCERNS
Ms. McKnight asked for a discussion on the plans for the bike/path segments. Mr. Smith reviewed that the townspeople voted to pass the bike path article at Town Meeting. Public concerns need to be heard, but the Board approving to move the project forward is appropriate at this time. Jim Talley made comments as an individual and not as a Board member. If an eight foot wide path can be built without compromising the path then it should be considered. The planning stage should not be rehashed though. Ms. McKnight opined Jim Talley was speaking for the Board at the Town Meeting presentation. Review of the meeting video shows Mr. Talley made very clear comments that the Board would vote separately on each segment, stated Ms. McKnight. The Board needs to establish a procedure. Mr. Roesler read the article as warned for the 2008 March Town Meeting. There was discussion of collecting more information despite the town vote, discussing each segment separately, and discussing and voting on the Webster Road multi-use path. Ms. McKnight suggested there be a professional transcript of the March Town Meeting. Mr. Bohne noted there is $50,000 in the FY08 budget to widen Spear Street to Bishop Road. The Town is planning to implement the budget and spend the money. The Bishop Road to Irish Hill Road segment will be done sometime in June. Ms. McKnight suggested scheduling a hearing and giving people a chance to say what they want before taking a formal vote.
 
11.       ADJOURNMENT
MOTION by Mr. Smith, seconded by Mr. Pudvar, to adjourn the meeting. VOTE: unanimous (4-0); motion carried.
 
The meeting was adjourned at 9:55 p.m.
 
RScty: KFurr

January 2008
Selectboard Meeting Minutes

February 2008
Selectboard Meeting Minutes

March 2008
Selectboard Meeting Minutes

April 2008
Selectboard Meeting Minutes

May 2008
Selectboard Meeting Minutes

June 2008
Selectboard Meeting Minutes

July 2008
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August 2008
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September 2008
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October 2008
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November 2008
Selectboard Meeting Minutes

December 2008
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5420 Shelburne Road
Shelburne, VT 05482
phone: 802-985-5110
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