by Margo Callaghan

An overview presented by Town Manager Paul Bohne at this week's Selectboard meeting outlined the process involved for towns that file a request for a pre-hearing conference with the Public Service Board concerning photo (PV) panels. According to Bohne, recent legislation has reduced the impact towns have to determine the placement and design of panels. The pre-conference hearing, along with site visit, is the avenue open to towns that question the decisions of the PSB in these matters. According to Bohne, this process makes necessary the presence of an expert to represent the town's position during the hearing. The expert would be versed in the power output and legal issues of panel placements, and not be solely concerned with the aesthetics of a specific project. The board voted unanimously to make available $1,000 for the hiring of such an expert.

Town-wide survey
The Selectboard reviewed a preliminary draft of a questionnaire which will be distributed this fall by the Planning Commission. The goal of the Town-wide survey is to offer residents a vehicle by which they can submit input to the Planning Commission to assist in determining priorities for the Town Plan Update. "We are coming off Shelburnewood, and dealing with solar panels," commented Selectboard member Al Gobeille, "so this will be a very different survey than the last one." Gobeille was referring to the last Town survey conducted in 2004. The board will submit its input on the draft survey to the Planning Commission, which plans to have the questionnaire out in September.

Impact fees
The board grappled with potential inconsistencies relating to Impact Fees on future housing projects, specifically as those fees are assessed on senior housing and low-income housing developments. Earlier in the meeting, the board voted to waive the Educational Impact fee for Shelburne Bay Real Estate, LLC, and reduce to 50 percent the Recreational Impact Fee. Then at hand was the discussion of an amendment to the resolution regarding future project exemptions or waivers of fees. The board recognized that "the next affordable housing project will be before us," and by making more concise the wording contained in the Town's Impact Fee Ordinance, developers would have a better sense of the project's expenses. "How do you budget for ‘maybe'?" was the rhetorical question posed by Selectboard member Tim Pudvar. The board moved to discuss amending the Town's Impact Fee Ordinance at its next meeting.

Town Charter amendments
Bohne reviewed minor proposed changes made to the existing Town Charter, and reported that he had sent a copy to the Town Attorney for further input. Amendments must be finalized by and submitted to the Town Clerk's office by the end of December. The board decided it would be most effective to schedule a separate work session to review the Charter and would schedule that session for September.

Manager's report
Bohne first offered congratulations to the Shelburne All Stars Little League team and the coaches, for capturing State Championship title.

He reported that the Town would soon notice improved service from Verizon, because work is completed on the antenna on the Cynosure Drive water tank tower. The enhanced signal should be noticeable to Verizon customers throughout the village, including Shelburne Community School, and the Wake Robin campus.

Bohne informed the board that Kelley O'Brien has filed a federal suit against the Town, the Police Department, and former Shelburne Police Officer Rob Barrows, stemming from an incident on Feb. 13, 2009. As was reported in the Shelburne News at that time, O'Brien was pulled over by Barrows following reports that O'Brien was driving erratically on Rte. 7 in Shelburne. O'Brien attempted to escape, driving his vehicle in Barrow's direction and hitting the officer, at which time Barrows discharged his weapon, shooting O'Brien in the upper leg. In July of 2009, the State's Attorney General's Office found that Barrows was "justified in the use of deadly force when he discharged his firearm."

Citizen participation
Shelburne resident Jim Limanek presented his concerns over the proposed Webster Road multi-use path. He stated that the path was not designed by people with experience, and that the path's construction would give a "false sense of security. There are problems [in the design] to the untrained eye," Limanek stated, including the fact that there are 11 junctions in the path's design, and "each represent a hazard to bikers and cars." He also spoke to the positioning of stop signs and concern over right-of ways, citing that 95 percent of accidents occur at intersections. Limanek then presented the board with a petition, requesting the Town consider changing the multi-use path concept to a sidewalk and cycling lane. "It's not a good thing, and we haven't had an expert say it is," Limanek concluded, "This [project] was pushed through. Odds are against me [being able to change the path's design]. Statistics are with me."

Bohne vehemently argued that the decisions reached in the design of the path considered Limanek's concerns. Citing that the process has taken years to get to this stage, and construction slated to begin this fall, both Bohne and the Selectboard responded to Limanek saying that the decision was reached in the design of the path, with Pudvar adding, "The train has left the station."