This will be continuation of the Board’s hearing and discussion on December 22^nd.  Although there is considerable more material to cover, the Board may be able to complete the hearing on the 12^th.  If that occurs but some sections of the amendments do not achieve a positive vote by the Board, the Board could consider approving the sections where there is agreement and send the remainder back to the Planning Commission for reconsideration.  If the amendments are bifurcated, Dean does not expect any major challenges to integrating the approved sections into an operational Bylaw.

 

Each year staff asks the Board to appeal the CLA as proposed by the State.  This gives staff additional time to review the report in detail to identify possible outlier sales that the Town would want removed from the calculation.  Fairly often, the Town makes appeals that benefit the education tax rate.

 

An increase similar to the one requested was instituted in 2008.  A copy of the marina survey done at that time is enclosed.  Shelburne has a very desirable location and thus it is in demand.  There are currently 40 people on the wait list and that will increase as the boating season approaches.  The mooring area’s only real negative is the distance from parking to the docks.  However, you will note that it is the best deal on the Lake and it has a desirable location.

 

I believe it best to make fairly small increases every year or two rather than a large one every five years.  The Town continues to upgrade the moorings, and will likely resurface the path this year. 

 

The Town will be applying for 2 grants to cover a major part of the cost to relamp the Town’s street lights. On January 15 a grant is due to the Regional Planning Commission requesting $30,000.  The final application to the Department of Public Service is due on February 23^rd and will be for $50,000.  In order to fine tune the budget for the grants, the number and size of the lights needs to be known.  I would hope that this continued discussion regarding street lights, especially their proposed location, would elicit comments from the public.  Unfortunately, we may not hear from some residents until a street light is removed.

 

I have enclosed some information regarding street lights for your information.

 

The negotiations with Verizon are progressing well.  I am being amenable to some issues in return for their attachments to the water tank accommodating other carriers.  This will be in the long term best interest of the Town to reduce maintenance costs going forward.

 

 

 

 

MEMBERS PRESENT:      Robert Roesler (Chairman); Bill Smith, Tim Pudvar, Al Gobeille, Gary von Stange.

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

OTHERS PRESENT:          David Conard, Brian Precourt, members of the Pierson Library Board of Trustees, Danielle Frawley (Shelburne News).

 

Robert Roesler, Chairman, called the meeting to order at 7 p.m.

 

Addition: Item 7.a – Approve Liquor License for CNE Ventures, LLC.

 

David Conard, attorney representing Thomas Cabot, commented on the communication from the Town Attorney with the legal opinion that the town has the legal right to maintain the present location of the town recreation path on Mr. Cabot’s property. Mr. Conard recalled the town accidentally built the recreation path on Mr. Cabot’s property. Funding was approved by the town to relocate the path last summer. Mr. Cabot installed a fence along his property with gates in the open position to allow use of the path until the town completes the relocation. The opinion by the Town Attorney on the location of the path was not anticipated, said Mr. Conard, adding Mr. Cabot has been generous with the use of his land and donation of a easement for the water line to Shelburne Farms as well as allowing the town to store town material on his property. Rob Roesler explained the Town Attorney advised the town may not have to expend the funds to relocate the recreation path due to continuous use of the path in the present location for the past 15 years. The Selectboard has not reviewed all the evidence and would prefer not being engaged in litigation, but it is a tough year economically and if the town can save money that is what is preferred, said Mr. Roesler, adding if money must be spent litigating the matter, the Board would likely reconsider relocating the path. There was mention of the issues that were resolved with Mr. Cabot and that the path issue was left open. Dave Conard agreed the strength of the case by Mr. Cabot against the town can be argued between the attorneys, but the Town Attorney did not make the strategic decision  on whether to take the Cabot land or not. The Selectboard does this, and it can be assured if this course is followed there will be litigation, advised Mr. Conard. The town could end up spending twice as much to move the path. Everyone acknowledges the town put the path on the Cabot property and no one argues this was discovered when Thomas Cabot installed the fence in 2003 and 2004, said David Conard. Additionally, Thomas Cabot’s engineer approached the Town Planner regarding donating the land for the path to the town and was told a perimeter survey of the entire Shelburne Bay Park would be required. It is surprising the decision was made to take the land when money has been appropriated because this will likely lead to a lawsuit, stated Mr. Conard. Bill Smith reiterated the Selectboard has not heard all the facts and is not prepared to debate the argument either way. Mr. Conard again mentioned the surprise to learn the town’s determination of having a legal right to the land. Mr. Smith said it was a surprise to see the fence with the gates that could potentially close access by the public to the path. Gary von Stange acknowledged Mr. Conard’s comments, adding once the specter of litigation has been raised the Selectboard needs to speak in one voice.

 

The public hearing was opened at 7:15 p.m.

 

There were no comments or questions.

 

It was noted written comments by Gary von Stange have been forwarded to the Planning Commission for consideration. The comments include definitions related to landscaping and screening requirements. A definition of “suitable fence” is needed. In Section 1900.5.b.3 there is inconsistent language. Also, the meaning of ‘plantings’ needs clarification in Section 1900.5.b.4. Gary von Stange stressed the need for the sections in the bylaws to be consistent with each other. Whether the changes are substantive or not depends on what the Planning Commission does with the language. Al Gobeille pointed out the DRB must be trusted to decide what a ‘suitable fence’ is or not. If there is too much quantification the burden may be too much on the property owner. Gary von Stange stressed the law says guidance must be provided. There could be some areas where it would be beneficial to provide more guidance and it is recognized it may be difficult in some cases to provide more guidance. There was further discussion of the bylaws providing guidance. The Selectboard agreed to change the word ‘plantings’ to ‘landscaping’ in Section 1900.5.b.4.

 

Gary von Stange explained his suggestion to increase vehicle trip ends from 25 to 75 (VTrans standard) to be business friendly. According to Dick Elkins, Chairman of the Planning Commission, the Planning Commission may be willing to consider the increase relative to the district, said Mr. von Stange. “Peak hour trip end” is defined as a vehicle leaving or one coming into an establishment. Each trip is counted as one trip end rather than a roundtrip being counted as one trip end. Paul Bohne mentioned the same issue (trip ends) occurs in Section 1900.9.a and 1900.2.i. There was discussion of the bylaw revision, adoption process, and further review by the Planning Commission.

 

Other matters highlighted by Gary von Stange include the change of Light Manufacturing to a conditional use from a permitted use, staged review, and adding the catch all provision in the Mixed Use District to the Commerce & Industry and Commerce & Industry South districts. Further review by the Planning Commission of the second sentence (related to a traffic study) in Section 1900.b.i and Section 1900.9.a, b, and c is suggested.

 

There were no further comments. The public hearing was closed at 8 p.m.

 

 

Mr. von Stange explained he would have voted in the affirmative, but for staged review.

 

Chairman Roesler noted the sense of the Selectboard is to have the areas mentioned reviewed by the Planning Commission. Gary von Stange suggested the issue of setbacks on Route 7 should be further discussed by the Planning Commission as well.

 

Paul Bohne gave a brief history of the effort to re-lamp the more than 200 streetlights in Shelburne. The town has been working with Green Mountain Power on LED conversion and seeking grants from Regional Planning and the State Dept. of Public Service. An inventory of streetlights revealed the town is paying for lights it does not have and has streetlights in operation that are not being paid for by the town. The estimated budget for the re-lamping project is $122,000 including $7,900 for two sizes of LED lights, $36,000 for installation working with Green Mountain Power, $6,000 for traffic control, and $1,000 to replace the blinking light at the Dorset Street intersection. Grants include $50,000 from the state, $18,000 from Efficiency Vermont ($100 per light), and $30,000 from Regional Planning. The match from the town is $24,360. Payback is estimated at one year (operational cost to the town for streetlights is about $30,000 and it is estimated the conversion will save $23,500 annually). If the grants are not received, the project will have to be reviewed. The savings is significant so the town may want to do the conversion over time. Chairman Roesler asked if there is money in the budget. Mr. Bohne explained there is $30,000 in the budget for streetlights. If the conversion is done early in the budget year then the match money will be a wash with the budget. Al Gobeille asked if the analysis showed where lights are wanted or needed. Mr. Bohne said the analysis was not fine tuned to that extent. Typically streetlights are added based on traffic safety and pedestrian crossing safety. The police identified the Church St./Falls Rd. intersection as having a safety issue but a streetlight had been installed. The town needs to decide if the policy is to install lights at intersections, at the request of a neighborhood, or if there is an identified safety issue, advised Mr. Bohne. Gary von Stange mentioned accident rates increased in one town that converted to LED traffic lights.

 

The Selectboard discussed the placement of streetlights in town and requested comment from residents about streetlight placement in their neighborhood.

 

 

Paul Bohne noted mooring fees were increased by a similar amount two years ago. Despite this, Shelburne’s mooring area continues to be the least expensive according to a survey of other areas in Vermont and New York. Shelburne’s mooring area is not “full service.” There is a distance to walk from the parking lot to it, but overall it is an attractive and sought after location. The Harbormaster does a great job. There are 67 moorings including one mooring held open as a backup. There are 40 people on the waiting list for a mooring (cost to be on the list is $10). Tim Pudvar suggested a $25 increase to carry for two years ($575 for the 2010 and 2011 seasons) then reevaluating the situation after that. Al Gobeille mentioned the docks in Burlington have resident and non-resident availability. Mr. Bohne stated Shelburne’s marina is first come, first served.

 

 

The Board signed the liquor license documents.

 

 

Peter Frankenburg reviewed revenue and expenditure assumptions for a zero tax increase in the proposed FY11 General Fund (Town) budget.  Revenue changes from the prior draft included an increase of $13,700 in Highway State Aid;  a $24,500 reduction in Planning & Zoning grant revenues; a $15,000 transfer of recreation impact fees applied to associated debt service; $600 increase from the change in mooring fees, use of a $10,000  rebate from VLCT for wellness programs, and a $3,100 additional transfer from the Davis Park Fund for routine maintenance and capital improvements at Davis Park. Changes in  expenditure categories included: legal expenses set at $50,000 (increased by $5,000 from the previous version); include $20,000 for a Town Center site study (for possible fire station and library expansion), $1,000 increase for library salaries, $1,000 reduction in expenditures for training seminars/workshops/ classes, $1,200 reduction in administrative expenses and training for Planning & Zoning, $31,000 reduction in enhancement grant projects (town did not have a successful application), $1,100 reduction in the cost of the appraiser’s contract, $1,000 reduction in storm water maintenance costs, $1,000 reduction in police department public relation activities outside the town, $10,000 reduction in library capital improvements (study of expansion of the library), reducing the increase in library collections by $3,000,  $15,000 reduction in employee performance merit payments, $15,000 reduction in the transfer to the Open Space Fund, $12,500 reduction in salary increases (3% to 2.5%), $3,000 reduction in field/grounds maintenance costs, and $5,000 additional reductions yet to be identified.

 

The result of these changes is $92,000 less to be raised in taxes or zero percent increase in the property tax rate. Final draft numbers will be presented at the next budget work session on 1/14/10. A public hearing on the proposed School and Town budgets will be held on January 26^th.  The public is urged to attend.

 

Al Gobeille stressed the total property tax bill will increase regardless of zero increase in the town portion and level funding by the school board.  The state education funding formula will result in a school tax increase of nearly 8% for the homestead residential property  and 4% for nonresidential property. A property tax bill of $4,000 will increase to approximately $4,300. Mr. Roesler concurred the message or implication that taxes will not go up should not be given. Taxpayers should be upset about the education formula and speak to their state representatives and senators. It is time to look at declining school budgets to match declining enrollment, said Mr. Roesler. Al Gobeille pointed out there is a 2.7% decrease in state salaries, but taxes continue to go up. Peter Frankenburg mentioned state property tax adjustments (reductions) will be applied for households earning less than $97,000 per year. Paul Bohne added the prebate is shown as a reduction on the tax bill.

 

Chairman Roesler stressed the intent of the Selectboard to keep the budget as affordable as possible for residents of Shelburne. Gary von Stange did not support cuts to the library operating budget and books, and was concerned the amount of state highway aid may be impacted by the legislature. Mr. von Stange suggested the site study of the town center ($20,000) be deferred, and the $5,000 increase for legal services is still 45% less in legal expense which is a concern. Al Gobeille pointed out in the budget there are certain expenses, such as COLA and legal expenses, which are best guesses. Paul Bohne noted some items can be adjusted depending on how the budget is going. Gary von Stange calculated having a zero COLA increase will save $50,000 and no merit increases will save another $18,700. Bill Smith mentioned maintaining competitive salaries. Paul Bohne pointed out the budget is an 18 month view into the future. Economists are projecting inflation at 2.4% or higher by the end of the year. Al Gobeille stressed state and federal employees are taking two and three percent pay decreases so there is question how Shelburne will pay its employees an increase. It is recognized the Selectboard wants to pay employees fairly, but taxpayers are seeing their salaries decrease yet are being asked to pay higher taxes.

 

Gary von Stange asked about the payment to the VNA ($20,680) and Social Services ($17,000). Mr. Frankenburg explained the VNA funding compensates partially for services provided to residents of the town that are not fully reimbursed by insurance or other sources. There is a three-member social service committee (appointed by the selectboard) with a budget of $17,000 (this year) to fund various agencies serving the town. There was discussion of collecting tax dollars to essentially give to charities and mention of putting this on the ballot for vote by the taxpayers. The matter will be further discussed at the next budget work session.

 

Paul Bohne briefed the Selectboard on the following:

 

Tim Pudvar announced he will seek re-election to the Selectboard for a two year term and Bill Smith announced he will seek re-election to the Selectboard for a three year term.

 

Rob Roesler noted receipt of information from VTrans and CCMPO on the latest proposal for the circumferential highway (boulevard).

 

 

The meeting was adjourned at 9:45 p.m.

 

MEMBERS PRESENT:    Bob Roesler (Chair), Bill Smith, Tim Pudvar, Bill Smith and

                                             Gary von Stange.

ADMINISTRATION:        Paul Bohne, Town Manager

 

Chair Mr. Roesler called the meeting to order at 9:25p.m.

 

 

None

 

MOTION by Mr. Smith, second by Mr. von Stange, to adopt the Budget for FY 2011.

The Board signed the Warning for the 2010 March Town Meeting.

5.    EXECUTIVE SESSION

MOTION by Mr. von Stange, second by Mr. Pudvar, to go into executive session for the purpose of discussing possible litigation and to invite the Town manager to attend.

VOTING: unanimous (5-0); motion carried. The Board entered executive session.

 

The Board exited executive session at 9:43.

The meeting adjourned at 9:43.

 

Respectfully submitted,

 

Paul w. Bohne III, Town Manager

 

Accepted,

 

 

For the Shelburne Selectboard

MEMBERS PRESENT:      Robert Roesler (Chairman); Bill Smith, Tim Pudvar, Al Gobeille, Gary von Stange.

ADMINISTRATION:          Paul Bohne, Town Manager; Peter Frankenburg, Finance Director; James Warden, Police Chief; Allen Fortin, Police Sergeant; Aaron Noble, Police Corporal.

OTHERS PRESENT:          Danielle Frawley (Shelburne News).

 

Robert Roesler, Chairman, called the meeting to order at 6 p.m.

 

The Board exited Executive Session at 6:44 p.m.

 

Mr. Roesler reconvened the meeting at 7:00 p.m.

 

Addition: Item 8.a – Budget Request from Shelburne Historic Preservation & Design Review Commission for Photographs of the Historic District in Shelburne Falls Area.

 

There were no comments from the public.

 

Police Chief Warden and Sergeant Fortin showed the functionality of the message board equipment acquired by the police department at no cost to the town through participation in the Governor’s Highway Safety Program. The message board has 25 different pre-settings which can easily be modified as needed through a PDA. The equipment is portable and durable. Chief Warden noted the equipment will have many applications (accidents, traffic detours, traffic counts, monitoring speed, and such). The license plate reader is anticipated to arrive in the near future.

 

 

 

Paul Bohne noted other liquor license applications have been received in addition to the applications from Harrington’s, Buono Appettito, and LaVilla.  The Selectboard signed the required documents.

 

Paul Bohne noted .02 mile of highway has been added in Shelburne for a total of 56.873 miles in roads broken down into the various road classes. Beaver Creek and Rivercrest will not be included until the roads are officially accepted by the town.

 

 

Paul Bohne reported SHP&DRC worked with the University of Vermont to research the Shelburne Falls area as an historic district. Pictures were taken of the houses and area. The photographs must meet Dept. of Interior specifications. The budget request is for $400 to reimburse the graduate students for the cost of the photographs.

 

 

 

 

Paul Bohne briefed the Selectboard on the following:

 

Gary von Stange asked about vacancies on town boards, committees, and commissions. Mr. Bohne stated only the Ethics Committee has vacancies at this time. Mr. von Stange encouraged interested persons to volunteer for the vacancies.

 

 

The meeting was adjourned at 7:30 p.m.

 

 

 

Accepted,

 

 

 

For the Shelburne Selectboard