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minutes

February 2010

MANAGER’S REPORT
February 9, 2010
 
ACTION ITEMS
 
Agenda Item #4 – Open Space Fund Expenditure
Efforts are underway for one or two experts to attend Tuesday’s meeting.  The information presented will regard the Town of Shelburne supported studies that have been done concerning the LaPlatte River.  Information presented will be in support of conserving land adjoining the river.
 
Agenda Item #5 – SEP
I have yet to receive the proposal from Mary Illick, President of the Lewis Creek Association.  The proposal will be to develop an educational piece that will use the data collected from the Shelburne financed studies of the LaPlatte River.  Marty may also be presenting a project that was begun last year financed by the State’s Clean and Clear Program.  An invasive species has been discovered in the bay where the Charlotte Ferry docks.  While in Charlotte, Marty will make a case that if the plant can be eradicated in Charlotte, the chances that it will invade Shelburne will be reduced.
 
For Gary and Al, as well as an update for others, the Town was fined $83,250.00 in 2005 for overflow events in the wastewater collection system.  Rather than pay the State Treasurer, the Town was allowed to establish an escrow fund with the fine proceeds and use the money to fund Supplementary Environmental Projects.  The fund cannot fund projects that would normally be budgetary responsibilities and must be endorsed by the Town and approved by ANR.  Projects completed have included trail improvements at Shelburne Pond, stream bank stabilization (Commons School), geomorphology studies (Lewis Creek Associates), and Water Quality Monitoring (Bill Hoadley and Lewis Creek Associates).  About $40,000 is still available.
 
The Agreement with ANR called for any remaining funds to be paid to the State after June 1, 2009.  ANR has agreed to allow the Town to continue to solicit SEP.  I expect that this year will be the last extension.
 
Agenda Item #6 – MPO Presentation
Enclosed is a copy of the Blue Ribbon Commission on Innovative Financing Report for your review.  Michelle Boomhower is requesting that the Board consider adopting a resolution in support of the findings of the Commission.
 
Agenda Item #7 – Sewer Allocation
Brian Precourt has requested a sewer allocation for two lots of Point View Drive.
 
            Applicant:                   Bay’s End LLC
             Location                     Lots 1 & 2, Point View Drive
            Allocation                   Plant #1
 
            Beginning 3 yr. Allocation                  10, 563 gpd
            Allocated to Date                                     420 gpd
                                                                        10,143 gpd
Allocation Requested                              437 gpd
Remaining 3 Year Allocation               9,706 gpd
This request meets all requirements of Shelburne’s Ordinances pertaining to the payment, quality and eligibility for this allocation.  A motion would be in order to approve a sewer allocation of 437 gpd for lots 1 and 2 on Point View Drive.
 
Agenda Item #8 – Support for Cherie Schrader’s Trip to Haiti
Cherie Schrader is a member of the Shelburne Rescue Squad.  She volunteered to join the medical teams going to Haiti from Fletcher Allen and was approved to go.  The Rescue Squad voted to request that the Selectboard consider approving up to $600 to support the costs of her travel.  If the Board agrees to this request funds would come from the fund balance that the Squad has accumulated from donations and billings for service rendered.
 
Agenda Item #9 – Facility Use Fees
During budget discussion, the Board agreed to include a small increase in the fees charged for use of the Town Hall and Meeting Rooms 1 and 2.  Enclosed you will find a proposal from Judy Lance for your consideration.  The proposed fee structure is consistent with what has discussed with and budgeted by the Board.
 
           

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

February 9, 2010
MEMBERS PRESENT:      Robert Roesler (Chairman); Bill Smith, Tim Pudvar, Al Gobeille, Gary von Stange.
ADMINISTRATION:          Paul Bohne, Town Manager; Peter Frankenburg, Finance Director.
OTHERS PRESENT:          Gail Albert, Lisa Godfrey, Chris Boget, Jim Dudley, Michele Boomhower, Bill Hoadley, Marty Illick, Danielle Frawley (Shelburne News).
 
1.         CALL TO ORDER
Robert Roesler, Chairman, called the meeting to order at 7:03 p.m.
 
2.         APPROVAL OF AGENDA
There were no changes to the agenda.
 
3.         CITIZEN PARTICIPATION
There were no comments from the public.
 
4.         CONSIDER APPROVAL OF EXPENDITURE OF $180,000 FROM OPEN SPACE FUND FOR PURCHASE OF DEVELOPMENT RIGHTS (IN PARTNERSHIP WITH LAKE CHAMPLAIN LAND TRUST) ON 65 ACRES OF LAND OFF THOMAS ROAD OWNED BY THE ZEN CENTER
Gail Albert (Shelburne Natural Resources Committee), Chris Boget (Lake Champlain Land Trust), and Lisa Godfrey (researcher) presented the proposal to conserve the LaPlatte River corridor and the opportunity to secure a key section of the larger LaPlatte River greenway by the Zen Center. There are prime agricultural soils, a large forested block (hemlocks), and a working sugar bush in the designated area. There will be permanent public access to trails (and parking) to promote education about the land and river. Lisa Godfrey reported geomorphic assessment of the stream condition is complete. The assessment looked at the streambed, floodplain, erosion, and sediment. With an active floodplain, explained Ms. Godfrey, sediment is deposited and good agricultural soils result, but with the LaPlatte River by the Zen Center the stream has incised in its bed which means the streambed has eroded down leaving the floodplain elevated. Deeper river flows stay in the stream banks and the water moves quickly carrying sediment to the lake rather than depositing the sediment as agricultural soil on the floodplain. The erosion is continuing. Geomorphologically speaking the waterway working as a river is in poor condition. Also, what happens upstream affects what happens downstream. Ms. Godfrey further explained the sediment load into the LaPlatte River, erosion and transport, altered floodplain access, and sediment spilling into Lake Champlain. The purpose of conserving stream/river corridors is to allow the waterway to function as it should to protect water quality, wildlife habitant, and the watershed into the lake, said Ms. Godfrey. Steps that can be taken to preserve the corridor include allowing vegetation to grow along the banks, allowing the stream to recreate the floodplain area and store sediment rather than be a source of sediment (will take a long time to see these results), and keeping “investments” (buildings, rip-rap, and other types of development) away from the river. Short term options for sediment control include sediment traps to collect sediment (one drawback is sediment is trapped in one location then the river will pick more up and carry it downstream). The area under discussion is key being above the falls and before the lake, noted Ms. Godfrey. Plantings for stream stabilization should be native riparian vegetation on the outer edges of the corridor and less expensive plantings closer to the channel because the stream center is constantly changing as the stream tries to recreate floodplain area. Rip-rap or stones cause the river water to flow faster downstream.
 
Gail Albert noted Shelburne Natural Resources Committee holds as a priority protection of the river greenway. The acreage by the Zen Center goes a long way to that end. Request for use of Open Space money balances with the promised grant from the Vermont Conservation Board for the project. Chris Boget reviewed the budget ($626,000) which includes money for plantings and vegetation. The purchase price is $435,000 and the grant from Vermont Conservation Board is $318,000. Shelburne is being asked to contribute $180,000 from the Open Space Fund.
 
MOTION by Tim Pudvar, SECOND by Gary von Stange, to approve expenditure of $180,000 from the Open Space Fund for purchase of development rights (in partnership with Lake Champlain Land Trust) on 65 acres of land off Thomas Road owned by the Zen Center.
DISCUSSION: Gary von Stange acknowledged the environmental reasons to secure the property as discussed in the presentation by Ms. Godfrey and recalled the past expenditure from the Open Space Fund of $250,000 for the Leduc Farm, but noted there is potential impact on taxes next year to replenish the Open Space Fund if the request for expenditure of $180,000 is approved. Also, conserved property is removed from the tax roll and all townspeople must make up the lost taxes. To date Shelburne has conserved approximately 28% of town land.  A decision is needed on when there is enough conserved land. Mr. von Stange stressed the tax implications are not insignificant, but the presentation was persuasive. Al Gobeille expressed concern about pollution in Shelburne Bay and devaluation of the properties along the bay. Mr. Gobeille remarked about watching water from Shelburne Falls and not knowing what is going into the lake. The amount being requested ($180,000) is less than the original request of $195,000, said Mr. Gobeille, questioning if the project can be done for the lesser amount. Mr. Gobeille observed the town has consistently voted in support of adding to the Open Space Fund and conserving land. The will of the people is to do the projects. Mr. Gobeille felt the trail access portion of the project with the Zen Center land has not been sufficiently highlighted. Chris Boget stated the committee determined the needed funding. The project can be done with the stated amounts. Some activities (plantings, for example) will be done in the second phase of the project. Work will continue with the state. Parking and trail access will be open to the public in perpetuity, assured Mr. Boget, and there will always be support of the education and water quality aspects of the project. Tim Pudvar commented the committee did not determine the requested funding amount of $180,000 in a vacuum so the amount should not change. There were no further comments.
VOTING: unanimous (5-0); motion carried.
 
5.         CONSIDER APPROVAL OF SUPPLEMENTARY ENVIRONMENTAL PROJECT PROPOSED BY LEWIS CREEK ASSOCIATION
Paul Bohne briefed the Selectboard on use of escrow funds from the fine paid by the town for an overflow event of the waste water collection system. The state is allowing the town to use the funds for supplementary environmental projects. In addition to the request for funding from the Lewis Creek Association, other requests are anticipated for trail improvement and such, said Mr. Bohne. The Nature Conservancy has requested opportunity to make a presentation to the Board.
 
Marty Illick and Bill Hoadley with the Lewis Creek Association gave a brief history of the work by the organization and explained the water quality project involving water sampling, analysis and reports. Mr. Hoadley stated data collection on four areas on Monroe Brook, the LaPlatte River, and McCabe Brook will look at sediment and phosphorus counts into the lake. Analysis reports and educational outreach materials will be produced. Shelburne is being asked to provide $15,788 in funding. Another project is eradication of invasive species (four year project) and the requested amount from Shelburne is $20,000. An invasive species has been found near the Charlotte ferry docks. There is concern about spread of the species to Shelburne.
 
Gary von Stange asked about the hourly fee ($50/hour) noting in the project description. Ms. Illick stated the fee is for the analysis work by professionals. Volunteer work is being solicited for the data collection tasks. Mr. von Stange asked if Charlotte has contributed to the invasive species eradication. Ms. Illick stated the Town of Charlotte will be approached for a contribution to help fund the four year study.  There was discussion of the impact on the watershed in Shelburne by towns located upstream.
 
The Selectboard will take the request for funding under consideration and make a determination at the next meeting after the presentation from The Nature Conservancy.
 
6.         PRESENTATION/DISCUSSION BY MICHELE BOOMHOWER, EXECUTIVE DIRECTOR OF CHITTENDEN COUNTY METROPOLITAN PLANNING ORGANIZATION (CCMPO), OF THE BLUE RIBBON COMMISSION ON INNOVATIVE FINANCE REPORT TO CONSIDER ADOPTION OF RESOLUTION OF SUPPORT OF RECOMMENDATIONS
Michele Boomhower referred to the Blue Ribbon Commission on Innovative Finance Report and the resolution of support of the findings. The recommendations cover three areas: intergovernmental cooperation, funding, and project delivery. The state is focused on maintaining the existing transportation system and not making new investments, said Ms. Boomhower, adding per the state’s 20 year transportation plan, funding will be four to eight billion dollars short to maintain the current system and the longer the delay in repairs the higher probability of increased costs. The Blue Ribbon group discussed regionalization of service delivery as well as efficiencies identified in harmonizing administrative structures of the regional planning commissions and metropolitan planning organizations, noted Ms. Boomhower. Private sector investments in the funding mix for projects and how to use transportation services to leverage economic development and job creation was also discussed as was closer tracking of federal earmark opportunities and increasing efficiencies and cost savings in project development (permit process, right-of-way process, design/build process). Jim Dudley, Shelburne’s representative on the CCMPO board, explained his vote in support of the resolution and efficiencies, noting establishment of a regional transportation authority will have further discussion.
 
Bill Smith expressed concern the resolution and findings lay the groundwork for a regional transportation authority and regional taxation. Gary von Stange highlighted language in the recommendations that specifically refers to a regional transportation system and regional tax. Mr. von Stange spoke with emphasis against another organization levying another tax on the community. Michele Boomhower assured it was recognized by the members representing their towns that this is not the right time for regionalization of service and the document was amended to defer consideration at this time. Bob Roesler summarized if the resolution is endorsed the town is telling regional planning and the MPO to continue dialogue with the state on how to be more efficient in Chittenden County, and that establishing a regional transportation authority or a regional tax district is beyond the scope of the resolution. Ms. Boomhower clarified the resolution indicates commitment to understanding Chittenden County is facing a transportation investment crisis and how this is to be addressed needs to be discussed.
 
Al Gobeille expressed concern about momentum for regionalization due to misinterpretation of discussions by various groups (CCTA, Blue Ribbon Committee, CCMPO). Mr. Gobeille said he would like to have a conversation with Tom Torti, Lake Champlain Chamber of Commerce. Jim Dudley stated there was lengthy discussion of the Blue Ribbon Report. The report contains good information and is not a negative to the town, opined Mr. Dudley. Michele Boomhower urged the Selectboard to contact members of the committee for additional information and clarification of elements in the report. Al Gobeille observed at every layer of government, towns never see a return for as much as was contributed. It is questionable that townspeople will want to pay more and receive less. Jim Dudley said in his view the resolution does not imply this, but there is agreement to be cautious about further taxation.
 
The Selectboard will take the information under consideration and determine support of the resolution at the next meeting.
 
7.         CONSIDER APPROVING REQUEST FROM BAY’S END, LLC FOR SEWER ALLOCATION OF 437 GPD FOR TWO LOTS ON POINT VIEW DRIVE
Paul Bohne explained the request for 437 gallons per day of allocation by Brian Precourt is to replace an allocation that expired.
 
MOTION by Tim Pudvar, SECOND by Gary von Stange, to approve the request from Bay’s End, LLC for 437 gallons per day of sewer allocation for two lots on Point View Drive. VOTING: unanimous (5-0); motion carried.
 
8.         CONSIDER APPROVING REQUEST FROM SHELBURNE RESCUE SQUAD FOR FINANCIAL SUPPORT TO ALLOW CHERIE SCHRADER TO JOIN FAHC MEDICAL TEAM IN HAITI
Paul Bohne explained the funding request is to defray travel expenses to Haiti for Ms. Schrader. There is money in the rescue squad fund collected through billing for services. Gary von Stange asked about the rescue squad fund balance going into the town’s general fund. Peter Frankenburg explained the operating budget for the rescue squad is funded by revenue received. Taxpayer dollars are not used. Excess funds are rolled over each year. The money is applied toward equipment purchases. The money is part of the town’s fund balance portfolio, but dedicated to rescue squad expenditures.
 
MOTION by Al Gobeille, SECOND by Bill Smith, to approve expenditure of $600 from the rescue squad fund to support travel by Cherie Schrader to Haiti with the FAHC medical team. VOTING: unanimous (5-0); motion carried.
 
9.         CONSIDER APPROVING RENTAL FEES FOR TOWN HALL AND TOWN CENTER MEETING ROOMS
Paul Bohne explained the fees have been revisited regularly and are very reasonable. The increased fees will help to cover the cost of redoing the floors. There is a difference in fee for residents and non-residents.
 
MOTION by Gary von Stange, SECOND by Tim Pudvar, to approve the rental fees for town hall and the town center meetings rooms per the memo from Judy Lance to Paul Bohne, dated 1/21/10. VOTING: unanimous (5-0); motion carried.
 
10.       CONSIDER APPROVING LIQUOR LICENSE RENEWALS
The Board signed the associated documents.
 
11.       APPROVAL OF MINUTES (1/26/10)
January 26, 2010
MOTION by Tim Pudvar, SECOND by Gary von Stange, to approve the minutes of 1/26/10 with the clarification that the Town Manager was invited to attend Executive Session. VOTING: unanimous (5-0); motion carried.
 
12.       MANAGER’S REPORT
Paul Bohne briefed the Selectboard on the following:
  • Wake Robin requested the Selectboard meeting on 3/9/10 be held at their facility as was done last year.
 
13.       MEMBER CONCERNS
Bill Smith and Al Gobeille indicated they will not be able to attend the Selectboard meeting on 2/23/10 so the Board may want to consider postponing the presentation from The Nature Conservancy and discussion of the CCMPO Blue Ribbon report.
 
14.       EXECUTIVE SESSION and/or ADJOURNMENT
MOTION by Tim Pudvar, SECOND by Bill Smith, to adjourn the meeting. VOTING: unanimous (5-0); motion carried.
 
The meeting was adjourned at 9:11 p.m.
 
RScty:MERiordan
 
 
Accepted,
 
 
 
 

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

February 23, 2010
 
MEMBERS PRESENT:      Robert Roesler (Chairman); Tim Pudvar, Gary von Stange. (Bill Smith and Al Gobeille were absent.)
ADMINISTRATION:          Paul Bohne, Town Manager; Peter Frankenburg, Finance Director.
OTHERS PRESENT:          Lela McCaffery (Fothergill, Segale and Valley), Danielle Frawley (Shelburne News).

1.         CALL TO ORDER
Robert Roesler, Chairman, called the meeting to order at 7 p.m.
 
2.         APPROVAL OF AGENDA
There were no changes to the agenda.
 
3.         CITIZEN PARTICIPATION
There were no comments from the public.
 
4.         PRESENTATION BY LELA McCAFFERY (AUDIT FIRM OF FOTHERGILL, SEGALE and VALLEY) OF THE TOWN AUDIT REPORT AND FINANCIAL STATEMENTS FOR FY2009 AND CONSIDER ACCEPTING THE AUDIT REPORT
Lela McCaffery reported the single audit done for the town provides the unqualified opinion that the town’s books are in order. A single audit was done because the town had over $500,000 in federal spending. The audit is unqualified because there are no findings, which is a good situation. The financial situation of the town is $60,000 better than the budgeted deficit. Ms. McCaffery mentioned areas of focus including accounts receivables tracking (accounts receivables as billed need to be entered into the accounting system), tracking leave time (a second person should review the information entered on the master spreadsheet to ensure no errors), compensatory time reconciliation (regular and holiday time), and police special duty billing and receivables (it is best to track in the same financial system at the same time). The various accounting for special revenue capital projects and fiduciary funds is in progress. Peter Frankenburg noted the accounts are being consolidated into tiers of accounts for better investment (larger sum of funds to secure a better interest rate). Ms. McCaffery stated Peter Frankenburg looks carefully at any variances and does a good job of explaining them in detail.
 
Tim Pudvar asked about long term debt and exposure for the town. Ms. McCaffery stated the Net Assets section of Exhibit A of the audit report shows that most of the town’s net assets are tied up in capital assets. Auditors get concerned when the unrestricted fund amount gets small or to the negative because this impacts how a town will pay the bills, but Shelburne is not in this situation. Peter Frankenburg noted some municipalities establish debt policies so debt does not exceed a threshold or an amount per capita, for example. Lela McCaffery stated if the Selectboard or management is concerned about the balance then there should be a policy in place, but for Shelburne the projects are not frivolous and some are taking advantage of ARRA funds. The town needs to be able to react to an opportunity when one arises so a policy that is too restrictive would not be good. Gary von Stange asked about a comparison of Shelburne to other towns. Ms. McCaffery stated given the size of Shelburne (moderate) and the complexities with the Route 7 corridor and what is going on in town the debt ratio is not unbalanced. The unrestricted fund balance should not be too large because taxpayers will question why they are being taxed when there is money in the fund. Paul Bohne pointed out the unrestricted money is the town’s ‘rainy day’ fund for unanticipated incidents. In the past five years there were opportunities and requirements that faced the town, including issues with the waste water treatment plant, relocating town utilities out of the Route 7 right-of-way, and renovating the Town Center building. Also, the Selectboard agreed to maintain a balance equal to 5% of the operating budget. It is anticipated the debt load will be lower in the future, stated Mr. Bohne. There was brief discussion of capacity fees, paying down debt, and operating the sewer department. Tim Pudvar asked if the fund balance of $1 million is in earmarked accounts. Mr. Bohne pointed out the fund balance is a combination of the General Fund, Water, and Sewer funds. Peter Frankenburg added the amount is not all cash. Some is accounts receivables not yet received, prepaid expenses, and payables and liabilities. The account has been drawn down in the past. A drawdown of $135,000 was planned, but only $75,000 was transacted.
 
MOTION by Gary von Stange, SECOND by Tim Pudvar, to accept the audit report and financial statements for FY2009 as prepared by the audit firm of Fothergill, Segale, and Valley. VOTING: unanimous (3-0); motion carried.
 
5.         CONSIDER ACKNOWLEDGING RECEIPT OF PROPOSED ZONING BYLAW AMENDMENTS TO THE FLOODPLAIN AND WATERCOURSE OVERLAY DISTRICT
MOTION by Tim Pudvar, SECOND by Gary von Stange, to acknowledge receipt of the proposed zoning bylaw amendments to the Floodplain and Watercourse Overlay District. VOTING: unanimous (3-0); motion carried.
 
The Selectboard will schedule a public hearing date after receipt of the next packet of zoning amendments from the Planning Commission.
 
6.         CONSIDER APPROVAL OF REQUESTS FOR RENEWAL OF TOBACCO AND LIQUOR LICENSES
The Board signed the associated documents.
 
7.         APPROVAL OF MINUTES (2/9/10)
February 9, 2010
MOTION by Tim Pudvar, SECOND by Gary von Stange, to approve the minutes of 2/9/10 as written VOTING: unanimous (3-0); motion carried.
 
8.         MANAGER’S REPORT
Paul Bohne briefed the Selectboard on the following:
  • Decision by arbitration on the boundary line between St. George and Shelburne has been rendered. There are still some challenges including the boundary being surveyed and monuments posted (the process to do this must be decided). Tom Carlson (St. George Selectboard) will talk to Krebs & Lansing and Paul Bohne will talk to CEA for a proposal on how to proceed. The legislature may agree to pay for the survey work. Paul Gilles is the attorney for St. George and will take the lead with the legislature. Rep. Joan Lenes will also be contacted. The cost for the survey is approximately $10,000. There is question as to when the boundary decision will take effect and what should be done in the interim. The grand list of both towns cannot be updated until the survey has been certified by the legislature. Also, there is a residence on the property and the owner owes taxes to Shelburne because presently the house is in the agreed to Shelburne side of the boundary line. The house will likely be in St. George so taxes will be due to both towns. Rob Roesler suggested the status quo be maintained until the boundary line determination is in hand. Mr. Roesler will contact Tom Carlson regarding the matter. Paul Bohne will forward the attorney’s opinion to the Selectboard when it is received.
 
9.         MEMBER CONCERNS
It was noted a representative of The Nature Conservancy and/or Shelburne Natural Resources Committee will address the Selectboard at the next meeting.
 
Townspeople were urged to attend the annual meeting on 3/1/10 and vote on 3/2/10. Contact Selectboard members with questions on the budget prior to the annual meeting.
 
Sherry Schrader and Paul Goodrich were recognized for attending a work zone and flagging workshop in Milton in January.
 
10.       EXECUTIVE SESSION and/or ADJOURNMENT
MOTION by Gary von Stange, SECOND by Tim Pudvar, to adjourn the meeting. VOTING: unanimous (3-0); motion carried.
 
The meeting was adjourned at 7:28 p.m.
 
RScty:MERiordan
 
 
Accepted,
 
 
 
For the Shelburne Selectboard

January 2010

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P.O. Box 88
5420 Shelburne Road
Shelburne, VT 05482
phone: 802-985-5110
fax: 802-985-9550


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