Shelburne Selectboard

February 3, 2016
To Residents of Shelburne,
On behalf of and with authorization from the Shelburne Selectboard, I write to provide a brief
update of this matter and to present a summary response to Mr. Wulfsons February 2nd Letter.
Threshold Issue
The threshold issue remains the same - the Town has expressed serious and significant safety and
environmental concerns to Vermont Railway (VTR). In response, VTR simply asserts, to which
the Town disagrees, that it is exempt from local and state land use regulations. To date, the
Town still has not been informed of the projects scope or other essential details. We do know
that the project raises critical safety, traffic and environmental issues that could forever impact
our town.
VTRs February 2nd Letter and Its Strange Timing
Yesterday, February 2nd, 16 minutes before a scheduled meeting between the Shelburne
Selectboard and Vermont Railway, a meeting that the Town understood was intended to
negotiate issues and reduce friction, the Town was understandably surprised when one of VTRs
attorneys emailed the Town Manager a four-page letter replete with misstatements,
mischaracterizations and critical omissions. Was that really a way to engage in constructive
dialogue, negotiate issues and reduce friction?
February 9th Public Meeting, Shelburne Community School Gym, 7:00 p.m.
This open, public meeting will provide residents the opportunity to speak. In addition, the Board
is pleased to report that VTR has accepted our invitation to participate, both with a twentyminute presentation and during a question and answer session. We urge everyone interested in
this matter to attend the February 9th meeting and be heard.
Misplaced Comments Directed to the Town Manager
As a Board, we feel it would be improper not to stand up and speak on behalf of and in support
of a Town Staff member who has been wrongly accused. Accordingly, we do so here - briefly,
but emphatically.
Leading to yesterdays meeting, Mr. Wulfson insisted that Town Manager Colangelo not attend,
inferring and/or stating that the Town Manager had done something wrong. But nothing could
be further from the truth. Mr. Wulfsons February 2nd letter also included spurious allegations
about the Town Manager. We understand Mr. Wulfsons comments before the State Senate
Finance Committee did the same. See Shelburne News Article, Wulfsons Shelburne bullying
taken to statehouse, http://www.shelburnenews.com/2016/02/01/legislators-get-wulfons-playby-play/

As a Board, we cannot sit back and let such inappropriate and unfounded accusations stand
against a man of integrity, our Town Manager, without correction. This Board is in complete
support of the outstanding work of Town Manager Joe Colangelo. His conduct is completely
appropriate, always above board. And as for attendance at yesterdays meeting, the Board notes
that we would not agree to Mr. Wulfsons demand. Mr. Colangelo participated.
Agreement to Remove VTRs Blocking of the Parking Area Near the Fire House
As this is a safety issue that has distressed many in Shelburne, we are very happy to report that as
a result of yesterdays meeting, VTR agreed to remove the concrete barriers, steel cable gates
and locks that it had unilaterally placed in the parking area by the Shelburne fire house. As part
of that agreement, VTR and the Town also agreed to work in good faith to reach a lease
agreement so that area would not again be blocked in this manner. We hope that final agreement
will be reached before the February 9th meeting.
VTR Chose Litigation
The Board finds one of the severe mischaracterizations in Mr. Wulfsons letter to be that the
Town has chosen to file a lawsuit against us [VTR] rather than engage us in a meaningful dialog
about our project. That is entirely inaccurate. The Town did not choose to engage in a lawsuit.
The Town simply responded to VTRs conduct and, when VTR refused to provide details and
engage in constructive discussions, asserted its legal rights to protect itself and its citizens. And
please note that VTR filed a complaint against the Town in Federal Court.
Lest there be no mistake about who chose this path and who chose to engage in dialogue and
who did not, the Board directs everyones attention to the three public meetings the Town held in
the four weeks since VTRs closing on the land on or about December 28th. That demonstrates
immediate Board and Town attention to this matter. And at the first two of those meetings, Mr.
Wulfson presented extremely vague, ambiguous and incomplete outlines of VTRs plan.
The self-serving comments in his February 2nd letter regarding timing utterly fail to mention,
recognize or even consider the following facts: (i) the June 23, 2015 meeting did not include
dispositive information regarding scope, details and timing for going forward, (ii) after the
meeting, the Town Manager requested additional information, (iii) Mr. Wulfson represented that
he would provide that additional information within one week, (iv) Mr. Wulfson did not present
that information, and (v) Mr. Wulfson received further notice that the Town had not received
information on or about November 13, 2015 when The Town submitted a letter to the Act 250
board citing insufficient information. Those are the facts, all omitted from Mr. Wulfsons
February 2nd letter.
Is Resolution Without Litigation Possible
The Board is unsure whether an acceptable negotiated resolution will prove possible. Could this
project ever satisfactorily address safety, environmental and town concerns in this location, so
close to environmentally sensitive areas, so close to the LaPlatte River leading to Lake
Champlain? While compromise can at times result in reasoned resolution, there are those who
advocate not for compromise, but for capitulation. Nevertheless, the Board remains committed

to strive for a collaborative and mutually beneficial resolution, including the exploration of
alternative solutions.
The Town Will Continue to Try
While the Board is pleased that we were able to address the safety concern referred to above, at
least temporarily, please understand that VTR and the Town have not yet reached any agreement
resolving the projects many impacts. The Town will continue to try. We hope VTR joins us.
We urge you to attend the February 9th meeting. Let your voices be heard.
The Shelburne Selectboard