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August 8, 2017 [SS]

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Field Producers: Ken French and Emilio Fornatora

A VIDEO RECORDING OF THE MEETING IN ITS ENTIRETY IS AVAILABLE THROUGH VERMONTCAM.ORG. THE WRITTEN MINUTES ARE A SYNOPSIS OF THE DISCUSSION AT THE MEETING. MOTIONS ARE AS STATED BY THE MOTION MAKER. MINUTES SUBJECT TO CORRECTION BY THE SHELBURNE SELECTBOARD. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE BOARD.

MEMBERS PRESENT: ADMINISTRATION:

OTHERS PRESENT:

TOWN OF SHELBURNE SELECTBOARD MINUTES OF MEETING August 8, 2017

Gary von Stange (Chairman); Colleen Parker, John Kerr, Jerry Storey, Josh Dein.
Joe Colangelo, Town Manager; Peter Frankenburg, Finance Director; Dean Pierce, Planning Director; Ann Janda, Director of Administration; Paul Goodrich, Highway Superintendent.

Ernie Goodrich, Wesley Fisher, Bill Copeland, Steve Owens, Brian Precourt, Joe Precourt, Tracey Beaudin, Matt Cota, Marla Keene, Peter Young, Bruce Hartshorn, Susan Moegenburg, Lee Krohn, Gail Albert, Sean Macfaden, Don Randall, Stuart Morrow, Carol Carlson, Chris Boyd, Trampas Demers, Taylor Paul, Thomas Murphy, Kevin Dorn, Thomas Chittenden, Dave Allen, Patrick O’Brien, Charlie Brennan, Linda Goodrich, Mike Donoghue (Shelburne News).

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1. CALL TO ORDER

Chairman Gary von Stange called the meeting to order at 7 PM.

2. APPROVE AGENDA
MOTION by John Kerr, SECOND by Jerry Storey, to approve the agenda as amended. VOTING: unanimous (4-0)[Colleen Parker not present for vote]; motion carried.

3. APPROVE MINUTES

July 25, 2017

MOTION by Jerry Storey, SECOND by John Kerr, to approve the July 25, 2017 minutes as written. VOTING: 3 ayes, one abstention (Josh Dein)[Colleen Parker not present for vote]; motion carried.

August 2, 2017

MOTION by John Kerr, SECOND by Jerry Storey, to approve the August 2, 2017 minutes as written. VOTING: unanimous (4-0)[Colleen Parker not present for vote]; motion carried.

4. CITIZEN PARTICIPATION & PUBLIC COMMENT

Police Chief Suspension

A woman in the audience commented on the suspension of the Police Chief and the Selectboard Chair not being aware of this until after the fact. The Selectboard was urged to update the personnel policies.

SHELBURNE SELECTBOARD 8/8/17 PAGE 2

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Jerry Storey noted the personnel policies are in the process of being updated with the assistance of VLCT. Joe Colangelo outlined the lines of reporting for the Police Chief and Deputy Chief to the Town Manager.

Falls Road Speed Limit

Chris Boyd, resident, spoke of posting the correct speed limit on Falls Road in the correct location on Falls Road, and placing the speed cart in the proper location.

5.

6.

SELECTBOARD COMMENTS

Gary von Stange commented on the Shelburne News posting an online article credited to Gary von Stange that was in error in stating the public was excluded from an open meeting and that the newspaper did not publish a correction to the erroneous article.

TOWN MANAGER’S REPORT

Joe Colangelo highlighted the following from the manager’s report posted online:
 Sidewalk projects in town are moving along well thanks to the management by

7.

Ann Janda.

CBC INTERVIEWS/APPOINTMENTS

CSWD Board

MOTION by Colleen Parker, SECOND by Jerry Storey, to appoint Tim Loucks as the Shelburne representative on the CSWD Board for the remainder of the term ending June 30, 2019. VOTING: unanimous (5-0); motion carried.

Storm Water Advisory Committee

Joe Colangelo said the slate of volunteers for the Storm Water Advisory Committee includes Susan Moegenburg, Marty Illick, Dick Elkins, John Dubrul, Chris Davis, Lucy Hilman, Chip Stulen.

Gail Albert, Shelburne Natural Resources and Conservation Committee, suggested a representative from the farming community should be on the Storm Water Advisory Committee.

Colleen Parker mentioned John Dubrul with AutoMaster installed storm water facilities on their site prior to the state requirements being in force.

MOTION by Jerry Storey, SECOND by John Kerr, to appoint the slate of volunteers to the Storm Water Advisory Committee for an undefined term. VOTING: unanimous (5-0); motion carried.

8. CBC ANNUAL REPORT: Cemetery Commission

Stuart Morrow and Carol Carlson, Cemetery Commission, reported the weather has been a challenge this year and work continues on the software and the new town server.

SHELBURNE SELECTBOARD 8/8/17 PAGE 3 Josh Dein asked about green burials. Stuart Morrow said there have been some inquiries.

Carol Carlson said the plan is to have a public forum on green burials to inform people.

9. PUBLIC HEARING and 2nd READING: Municipal Ordinance Regulating Storage, Handling, and Distribution of Hazardous Substances

The public hearing was opened at 7:25 PM.

MOTION by Jerry Storey, SECOND by Colleen Parker, to read the ordinance by title. VOTING: unanimous (5-0); motion carried.

Joe Colangelo stated many municipalities across the country have a similar ordinance in place on hazardous substances with the purpose of protecting the health, safety, and welfare of their citizens and the natural resources environment.

Josh Dein reviewed suggested changes to clarify and strengthen the document including the following:

  Repeat the tone in the preamble in Sections 2 and 3.

  Section 4 (Applicability) should be clear that the ordinance applies to all parties.

  Section 5 (Definitions):

o The definition of “discharge” should not exclude discharge from cars, boats, and planes.

o The “entity” definition should include individuals handling significant quantities of material such as farmers, municipalities, and nonprofit organizations.

o The “facility” definition lists vehicles and aircraft which are excluded under the definition of “discharge” so this should be reconciled.

o The “hazardous substance” definition needs to recognize the difference between ‘hazardous material’ and ‘hazardous waste’ which has different regulations.

o The “release” definition needs to be clarified if exhaust fumes are the emissions intended to be included.

o The “waterways” definition is broad and essentially covers all land surface in Shelburne so the definition is not needed because the ordinance is in effect across the entire town.

o There is no definition for “pre-existing filling station”.

  Storage quantities should be extended throughout the town and not limited to

schools and waterways.

  The restriction on storage locations should be removed in Section 6 (Prohibited

Acts) because the ordinance is in effect throughout the town.

  Section 7 (Release and Discharge Reporting) may be confusing to those doing the

reporting on material quantities.

  Section 9 (Enforcement) needs to be clear as to how and when officials check a

property for hazardous material.

  Shelburne does not have a local board of health as referred to in the ordinance.

  One section of the ordinance says an emergency health order is issued to a person

when another section says the order is issued to an entity.

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SHELBURNE SELECTBOARD 8/8/17 PAGE 4

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  Section 11 refers to person and local board of health which the town does not have.

  It is not clear how substances and quantities are chosen for inclusion in Table 1 (Materials).

  There should be lower storage capacity for more toxic materials. Storage limits and impact on local businesses and potential development must also be weighed. The items in the table should be re-evaluated for deletion or modification.

  Shelburne Natural Resources Committee should review and comment on the ordinance. Similar ordinances from other towns should be reviewed.

Gary von Stange noted the Selectboard did not have opportunity to review the comments from Josh Dein in advance of the meeting because the revisions were not provided to the Town Manager prior to the meeting.

COMMENTS

Chris Boyd, resident, asked about the number and size of incidents that brought about the reason for the ordinance, expressing concern that there is already an elaborate response network in place for incidents and the reporting outlined in the ordinance is misleading. Spills are first reported to E-911 and there is a process in place to mitigate and pay for a spill. Doing a standalone ordinance is risky for a broad based subject like hazardous material that opens the town to liability. Mr. Boyd asked if there is personnel to be hired to survey businesses for compliance because having an ordinance that is not enforced puts liability on the town. There are lots of concerns with the proposed ordinance. The document needs to be functional and it is not at this point. The Selectboard is urged to bring in more experts to address the issues.

Gary von Stange stated the ordinance was done because there is a general concern facing communities all over the state. The ordinance has been discussed with the Town Manager for the past three years. Incidents could occur anywhere. An expert assisted in the drafting of the ordinance. Colleen Parker added the goal is to have guidelines in place to prevent an event. It was noted any additional personnel to be hired would be discussed during the budget process. The town does have a health officer, but it is not known if the individual has training in hazardous materials.

Gail Albert, Shelburne Natural Resource Committee, urged having the committee review the ordinance before adoption. The ordinance needs to address issues that were expressed. The ordinance is complex and there are significant businesses in town that would be impacted. The ordinance if adopted should be enforced.

Matt Cota, Vermont Fuel Dealers Association, spoke against the ordinance and offered to be a resource to the town as the regulations are drafted. Mr. Cota said kerosene, diesel, biodiesel, blended biodiesel are not on the list of exempted fuels and should be. As of August 15, 2017 all above ground storage tanks, both residential and commercial, must be inspected once every three years. There are five criteria for a “red tag” which means the tank cannot be filled. The tank regulation is a result of an 18 month rule making process. Shelburne’s regulations should comply with state law.

SHELBURNE SELECTBOARD 8/8/17 PAGE 5 Peter Young, Vermont Railways, said comments were submitted to the Town Manager

outlining concerns with the ordinance.

Bruce Hartshorn, Shelburne Shipyard, stated the fuels dispensed at the shipyard exceed the limits outlined in the ordinance. It is hoped the shipyard will be “grandfathered in” or exempted under Section 6.C though Section 6.C as currently written is ambiguous and refers to “pre-existing fuel filling stations” which is one of the functions at the shipyard, but not the primary function. The shipyard has 10,000 gallons of gas and 10,000 gallons of diesel on-site which is covered, bunkered, and inspected by the state and EPA. There is containment and a storm water pollution prevention plan filed with the town and fire department. It is hoped there is exemption for pre-existing storage and disbursement facilities so the shipyard can be included. The shipyard moves 100,000 gallons of fuel per season to the boating community.

Trampas Demers, Shelburne Limestone, asked if explosives are included under flammable materials in Prohibited Acts, noting that Shelburne Limestone has explosive magazines on-site that are approved by the ATF and inspected. The explosives are within 1000’ of an inhabited building. More study is needed on the proposed ordinance because there is much happening with businesses in Shelburne that needs to be considered. Mr. Demers said his business has 10,000 gallons of diesel fuel on-site and explosives for the stone. The comments by Josh Dein are appreciated.

Taylor Paul, Lake Champlain Transportation Company, asked if the ordinance covers fuel in portable equipment because the LCT dry dock is on the lake and vessels using the dry dock hold 10,000 gallons of fuel.

Thomas Murphy, resident, said he is employed in the hazardous material industry and has had experience with various incidents. Mr. Murphy urged a closer look at the issue of reportable quantities in the ordinance. The state has rules and regulations that are stringent and enforceable which the town can rely on rather than doing a separate ordinance. Businesses following state and EPA rules and regulations for hazardous material means the town does not need to have a reactive approach. Further investigation and detail to fine tune what the town is trying to do is needed with the ordinance. The safety net is the state rules and regulations and the EPA rules and regulations. The town should not move forward with the ordinance just to have an ordinance. Mr. Murphy offered to provide written comments on the ordinance.

Dave Allen, Harbor Road, expressed concern the Selectboard is taking on a task already being performed by other agencies in the state at the peril of the board and people not adept in the field. Mr. Allen suggested exempting all facilities currently licensed by the state and the Coast Guard. Businesses with state and federal licenses that endorse and regulate their storage facilities should be exempted. Vermont Railways, Shelburne Shipyard, Lake Champlain Transportation, and fuel/oil distributors in town make up a large payroll and all have identified flaws in the ordinance.

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Brian Precourt, resident/developer, echoed the comments previously stated about the ordinance and questioned the limits on diesel and unleaded fuel which will impact farmers and contractors. Most of the leaks/spills in the village have been from underground heating oil tanks which are exempted.

The Selectboard continued discussion of the ordinance. Colleen Parker noted the arguments put forth by the public are good. The proposed ordinance is a good start. Changes can be made in the future. The ordinance does not supplant the state regulations, but supports them. No one knows Shelburne better than the people who live here and having more eyes and the public safety officer will lead to an increase in public safety.

Josh Dein stated the issue is complex and the ordinance should not be adopted just to have an ordinance in place. There is no rush since there are already many regulations in place. Further research should be done on the ordinance so the town has answers to the questions that were raised.

John Kerr agreed comments from the public should be considered and the ordinance clarified accordingly.

Jerry Storey said what is existing in town and what will be exempted must be considered. More time should be taken to develop the ordinance and incorporate state standards.

Gary von Stange pointed out there is interest in protecting the health, safety, and welfare of the residents from inherent risks of storage and handling of hazardous substances. The ordinance has been vetted by the Town Attorney and by an expert. Other communities in Vermont have passed ordinances on hazardous substances. Josh Dein countered that protecting the townspeople and the town’s natural resources should not be at the detriment of businesses and people in town who will be burdened with a document that does not address what is needed.

Gary von Stange suggested to address the concerns that have been expressed before enacting the ordinance the motion could state that the town intends to enact an ordinance to protect the health, safety, and welfare of the citizens from inherent risks associated with storage, handling, and distribution of hazardous substances, and the proposed ordinance will be a model to regulate storage, handling, and distribution of hazardous material substances near or adjacent to the town center, schools, and natural resources to protect the public from contamination, fire, or explosions. Josh Dein urged taking the time to create an ordinance that does what the town wants. John Kerr suggested incorporating a timeline that includes having substantial revisions by the next meeting with input from those who volunteered input. Colleen Parker spoke in support of adopting the ordinance and making changes as needed in the future. Gary von Stange suggested adopting the ordinance and changing the effective date. Jerry Storey suggested keeping the public hearing open until the next meeting and continuing to work on the ordinance.

SHELBURNE SELECTBOARD 8/8/17 PAGE 7

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MOTION by Colleen Parker, SECOND by John Kerr, to close the public hearing on the hazardous substances ordinance. VOTING: 3 ayes, 2 nays (Jerry Storey, Josh Dein); motion carried.

The public hearing was closed at 8:32 PM.

MOTION by Colleen Parker, SECOND by John Kerr, to adopt the Shelburne ordinance regulating the storage, handling, and distribution of hazardous substances pursuant to 24VSA C50 §2291 and 24VSA C146§1.3, 1.43, 1.44, 1.47, 1.48 with the effective date 60 days from passage.

DISCUSSION:
 Jerry Storey asked if the addition of the effective date needs to be

warned. Gary von Stage said the change is not material and does not need to be warned. Mr. Storey asked if legal counsel has given an opinion on this. Joe Colangelo said the town charter provides that the ordinance can be passed as the motion states. Jerry Storey stated town counsel should give an opinion.

VOTING: 3 ayes, 2 nays (Jerry Storey, Josh Dein); motion carried.

10. PUBLIC HEARING and 2nd READING: Amendments to Traffic Ordinance Regulating Truck Traffic in Shelburne

The public hearing was opened at 8:33 PM.

MOTION by Jerry Storey, SECOND by Colleen Parker, to read the ordinance by title. VOTING: unanimous (5-0); motion carried.

Joe Colangelo explained the ordinance is the same as the one the town had in place in 1999 then removed. The intent is to protect town roads. The Highway Department and Police Department have reviewed the ordinance.

Josh Dein asked the difference between the current process and the ordinance. Joe Colangelo said the current process needs more structure and to be better defined. The ordinance eliminates oversized trucks on town roads and give the police more certainty in how the regulations are being enforced.

COMMENTS

Patrick O’Brien, S.D. Ireland, said his company has three machines at Wake Robin that exceed the 55,000 pound limit on Shelburne roads. The company will not be able to remove the machines with the ordinance in place. Deliveries of precast septic tanks, box culverts, shingles, or lumber will not be possible under the ordinance. Patrick O’Brien suggested in Section 3 the word “registered” be changed to “actual” so empty trucks of 24,000 pounds can run on the roads. It will save fuel and the environment if trucks can run across town roads.

Paul Goodrich, Highway Superintendent, said the process that has been in place for a long time is the town issuing permission for the day for trucks on the road. Josh Dein

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asked if significant damage is caused by trucks of a certain weight. Paul Goodrich said in the spring there is damage. The roads are protected by not allow heavy vehicles without permission.

Matt Cota, Vermont Fuel Dealers Association, said 55,000 pounds seems arbitrary. Weight limits are understandable, but not registered weight limit of 55,000 pounds. There are 56,000 pound vehicles that deliver fuel in Shelburne. Using a larger truck when there is a large tank to fill is more efficient and a cost savings to those receiving the fuel such as the town, the schools, the farmers, and businesses. With the ordinance the trucks would effectively be prohibited on town roads. Truck driving is one of the most regulated jobs in the U.S. Drivers are drug and alcohol tested, have extensive background checks by Homeland Security, have a commercial driver license, and go through extensive training. Drivers know what they are doing and how to handle their truck and material, and are well regulated by the state and Federal DOT. The definition of ‘gross vehicle weight’ and ‘actual weight’ is important. A tanker vehicle built to carry 4,000 pounds has a gross registered weight in the state of 56,000 pounds and would not be allowed on Shelburne’s roads per the ordinance. If actual weight is used then the ordinance can be accommodated by short filling the load. The ordinance needs to define whether gross weight or actual weight is being used. If gross weight is used then the amount is too low for heating fuel, and if a permit is issued there should be one truck, one permit issued at the beginning of the year. In the fuel business the weight is the fuel. An empty truck will meet the standard. Some full trucks will not meet the standard. Mr. Cota recommended not passing the ordinance without further work.

Gary von Stange stated the town is in need of an ordinance so heavier trucks stay off town roads and not cause damage. Joe Colangelo said an exemption can be added. Jerry Storey suggested adding “unless permitted by a municipal official” to Section 4.E of the ordinance. John Kerr stated a permitting system has to be in place for large loads. Each permit can be handled on a case-by-case basis.

Trampas Demers, Shelburne Limestone, read Section 3 of the ordinance and spoke to registered weight. The state registered weight is 60,000 pounds. There is a difference between the weight of an empty vehicle and the registered weight. The town needs to allow a truck route at the state registered weight. The proposed ordinance eliminates the truck route which will put Shelburne Limestone out of business. Gary von Stange noted language can be added to allow a permit for trucks over 55,000 pounds.

Brian Precourt said Section 3 says motor trucks with a registered weight in excess of 24,000 pounds are prohibited from the road whether they are empty or full. A correction in the ordinance is needed.

Steve Owens, fresh water hauler, said his trucks are over 60,000 pounds and deliver to residents in Shelburne every day on all roads in town. Gary von Stange assured this will still be possible with a permit.

SHELBURNE SELECTBOARD 8/8/17 PAGE 9

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Bill Copeland, BTN and Can, Inc., mentioned the bills he receives from the Federal Government and the State of Vermont for an overweight permit for secondary roads in the state and asked for a definition of “secondary roads”. Ann Janda suggested contacting CCRPC for a definition of secondary roads.

Gary von Stange stressed the Selectboard is not trying to stop delivery trucks, but is trying to stop trucks using town roads as a cut through. Staff is not looking to change the permitting process. Jerry Storey pointed out most concerns will be eliminated by extension of the exemption and amending registered vehicle weight to gross vehicle weight. John Kerr suggested changes to the ordinance include adding the word “thousand” after “24” in Section 3 and adding “unless permitted by a municipal official”. Section 4.E will be modified extending the exemption.

MOTION by Jerry Storey, SECOND by John Kerr, to close the public hearing on regulating truck traffic in Shelburne. VOTING: unanimous (5-0); motion carried.

The public hearing was closed at 9:23 PM.

MOTION by Jerry Storey, SECOND by Colleen Parker, to adopt the Shelburne ordinance to regulate motor trucks on town highways pursuant to 23VSA§1042 and 23VSA§147 with the following amendments:

  Add the word “thousand” after “24” in Section 3, and add “unless permitted by an authorizing Shelburne municipal official” to the end of the sentence.

  Add “unless permitted by an authorizing Shelburne municipal official” to Section 4.E to read: “Exemption does not apply to commercial vehicles in excess of 55,000 pounds gross weight unless permitted by an authorizing Shelburne municipal official.”

VOTING: unanimous (5-0); motion carried.

11. PUBLIC HEARING: Amendments to Stop Sign Ordinance

The public hearing was opened at 9:27 PM. Chairman von Stange read the ordinance amendment.

COMMENTS

Marla Keene, Longmeadow Drive, spoke in support of a one lane configuration.

Josh Dein mentioned designating a walkway in the underpass that would require drivers to stop for pedestrians per state law.

Charlie Brennan, Bay Road, said two cars can pass through the underpass at the same time. Joe Colangelo explained the stop condition is an attempt to improve a very imperfect site.

A gentleman in the audience said people run the stop signs. LED lights on the stop signs powered by solar may be better than flags.

SHELBURNE SELECTBOARD 8/8/17 PAGE 10 Tracey Beaudin, resident, suggested “Yield to Pedestrians” signs be posted on each side

of the underpass.

MOTION by Jerry Storey, SECOND by Josh Dein, to close the public hearing on amendment to the Stop Sign ordinance. VOTING: unanimous (5-0); motion carried.

The public hearing was closed at 9:28 PM.

MOTION by Jerry Storey, SECOND by John Kerr, to adopt the amendment to the Shelburne Stop Sign Ordinance, paragraph 3, west bound and east bound approaches to the Bay Road rail underpass, two lane traffic, pursuant to provisions set forth in the Shelburne town charter. VOTING: unanimous (5-0); motion carried.

12. DRAFT UNION MUNICIPAL DISTRICT CHARTER FOR PROPOSED REGIONAL DISPATCH

Ann Janda reviewed background information on the benefits of having regional dispatch service and the agreement for a union municipal district for regional dispatch. The voters will decide to join the union municipal district at town meeting. Joe Colangelo said comments on the draft charter and MOU are requested before the documents are submitted to the Attorney General.

Lee Krohn, CCRPC, said the governance structure with a union municipal district is an existing model so there is experience with it.

Linda Goodrich, Shelburne Rescue, asked how regional service will impact Shelburne Rescue which does not pay for dispatch service now (i.e. will money be allocated to cover costs or will fund raising be necessary).

The Selectboard will submit comments by 8/18/17 for discussion at a future meeting.

13. PRESENTATION: Resolution for Shared Governance of Burlington Airport

Kevin Dorn, South Burlington City Manager, and Thomas Chittenden, South Burlington City Councilor, presented a resolution that gives background on the issues that have been troubling between the City of South Burlington and the airport including economics and the recommendation that a regional structure where multiple stakeholders have a role along with the state in the governance of the airport would be a better, more effective and current way to manage the airport.

There was discussion of the effect of the airport on Burlington and surrounding communities, and the resolution ensuring each town having decision making ability in the governance of the airport.

14. RECLASSIFY LAPLATTE RIVER MARSH WETLANDS ON HARBOR ROAD NORTH TO LAKE CHAMPLAIN

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Joe Colangelo reported the public hearing by Vermont Natural Resources is scheduled for August 30, 2017. Comments are due by September 11, 2017. The Selectboard can discuss the matter with Shelburne Natura Resources Committee before making comments at the public hearing on behalf of the town.

Gail Albert, Shelburne Natural Resources Committee, urged having a member of the committee attend the public hearing along with the Chair of the Selectboard.

Charlie Brennan, owner of river house, questioned accepting the petition without review and expressed concern about the impact of the reclassification on his property. It was clarified the action is to support the process going forward to a public hearing.

Josh Dein pointed out there is potential impact to the town’s maintenance facility with the reclassification.

John Kerr said there could be greater impact on the town with any sewer spills with the reclassification.

MOTION by Jerry Storey, SECOND by John Kerr, to support the petition from Vermont Natural Resources pursuant to Section 7 of the Vermont Wetlands Rules to reclassify the LaPlatte River marsh wetlands located on Harbor Road north to Lake Champlain in Shelburne, Vermont by having the town file comments, and to authorize the Selectboard Chair to appear and speak on behalf of the Selectboard at the public hearing. VOTING: unanimous (5-0); motion carried.

15. PRESENTATION: Updated Open Space Plan

Sean Macfaden, Shelburne Natural Resources Committee, briefed the Selectboard on the updated Open Space Plan which emphasizes the benefits of open space, highlights the vital role of local share, and shows a range of mechanisms and possible strategies.

MOTION by John Kerr, SECOND by Colleen Parker, to adopt the updated Open Space Plan as presented. VOTING: unanimous (5-0); motion carried.

16. HIGHWAY TRUCK LOAN

Peter Frankenburg, Finance Director, explained the financing for the highway truck purchased a year ago with one year loans each year for four years.

MOTION by Colleen Parker, SECOND by Jerry Storey, to execute the capital equipment loan with Bank of Middlebury in the amount of $76,000 for a term of one year at an interest rate of 1.42% to finance the highway truck purchased in 2016. VOTING: unanimous (5-0); motion carried.

17. PENALTY FOR LATE PAYMENT OF SEWER BILLS

Peter Frankenburg explained the 5% penalty and 1.5% interest is consistent with the amount charged for late payment of water bills.

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MOTION by Colleen Parker, SECOND by John Kerr, to change the penalty for late payment of sewer bills from 8% to 5% for the first month of delinquency effective July 1, 2017 with the interest charge for late payment to continue at 1.5% for each month of delinquency. VOTING: unanimous (5-0); motion carried.

18. ERRORS & OMISSIONS RECOMMENDED BY TOWN ASSESSOR MOTION by Jerry Storey, SECOND by Colleen Parker, to approve the errors and omissions for parcel ID.0720055000 from $249,200 to $0 in the municipal and education grand lists as recommended by the Town Assessor. VOTING: unanimous (5-0); motion carried.

19. EXECUTIVE SESSION and/or ADJOURNMENT

Josh Dein will recuse himself for the Executive Session to discuss litigation with Vermont Railways.

MOTION by John Kerr, SECOND by Jerry Storey, pursuant to 1VSA313 to find that premature public knowledge of a personnel matter related to a possible separation agreement with a town employee would place the town, the Selectboard, and persons involved at a substantial disadvantage. VOTING: unanimous (5-0); motion carried.

MOTION by Colleen Parker, SECOND by John Kerr, pursuant to 1VSA313 to find that premature public knowledge of litigation between Vermont Railways and the Town of Shelburne would place the town, the Selectboard, and persons involved at a substantial disadvantage. VOTING: unanimous (4-0)[Josh Dein recused himself]; motion carried.

MOTION by John Kerr, SECOND by Colleen Parker, based on the finding of premature disclosure providing a substantial disadvantage to go into Executive Session to discuss negotiation of a possible separate agreement with a town employee, and invite the Town Manager to attend. VOTING: unanimous (5-0); motion carried.

MOTION by Colleen Parker, SECOND by John Kerr, based on the finding of premature disclosure providing a substantial disadvantage to go into Executive Session to discuss litigation involving Vermont Railways and the Town of Shelburne, and invite the Town Manager to attend. VOTING: unanimous (4-0) [Josh Dein recused himself]; motion carried.

Executive Session was convened at 10:45 PM and adjourned at 10:53 PM.

20. ACTION(S) FOLLOWING EXECUTIVE SESSION

Gary von Stange reported the discussion of a personnel matter in Executive Session was related to the long time Shelburne Police Chief, Jim Warden. Shelburne has a policy of operating in the open and has instituted measures to foster that environment and foster civility. Issues relating to the separation agreement are confidential to protect the

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employee’s privacy. The agreement when and if approved will be a public document. Key terms of the agreement include:

  Chief Warden resigning as Chief of Police effective August 4, 2017.

  Jim Warden serving as a consultant to the Police Department until January 31,

2018 at his existing compensation and benefits, but accruing no vacation, sick, or

compensatory time off.

  Jim Warden will be available to the town to assist in closing pending matters and

effectively transitioning from the role as Chief of Police, providing no more than

40 hours of consulting time per week.

  The town shall rescind the three day July 2017 suspension and issue a press

release in an agreed upon form and limit public statements to those in the

statement.

  The town shall respond to inquiries by confirming date of employment, last

position held, ending salary, wage level, and/or produce the agreed upon press

release.

  Chief Warden and the town release and discharge each other from all claims.

  Chief Warden and the town each deny that they have violated any laws and deny

liability.

  The agreement is a compromise of potential claims.

  Chief Warden will not make statements that may disparage the town or its

reputation.

  The town shall instruct the Selectboard and department heads not to disparage or

harm Chief Warden’s reputation.

Gary von Stange read the agreed upon press release beyond which the town will have no comment, and thanked Chief Warden on behalf of the town for his service. Best wishes were extended for a well-deserved retirement.

MOTION by John Kerr, SECOND by Jerry Storey, to approve the separation agreement and general release, and authorize the Selectboard Chair to sign the document on behalf of the town as the duly authorized agent. VOTING: unanimous (5-0); motion carried.

21. ADJOURNMENT
MOTION by Jerry Storey, SECOND by Colleen Parker, to adjourn the meeting. VOTING: unanimous (5-0); motion carried.

The meeting was adjourned at 10:55 PM.

RecScty: MERiordan 

 

Episode Number: 
329
Original Airdate: 
Tuesday, August 8, 2017

Shows In This Series