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

ADMINISTRATION:          Paul Bohne, Town Manager; Peter Frankenburg, Finance Director; Bernie Gagnon, Public Works Director.

OTHERS PRESENT:          Dick Elkins, Brianna and Matthew Taylor, Darren Benoit, Ron Joy, Christine Ford, Rob Donahue, Jim Dudley, Jim Talley, Tom Nold, Michael Koper, Bob Bick, John Kernan, Mr. Chompupong, Danielle Frawley (Shelburne News), and others. 

Until the arrival of Robert Roesler, Bill Smith assumed the duties of chairman and called the meeting to order at 7 PM.

 

Add:    Item 8.a – Part-time assessor position

Item 12.a – Request for forgiveness of property tax delinquency

 

There were no comments from the public at this time.

 

The public hearing was opened at 7:04 PM. Dick Elkins, Chairman of the Shelburne Planning Commission, reported the minor changes in the zoning regulations were requested by a resident with property neighboring the town offices and with a business on Harbor Road. The Planning Commission discussed and favors the changes. Gary von Stange noted the town’s comprehensive plan includes language in support of the proposed changes so the zoning bylaw changes are consistent with the town plan as it exists. There were no further comments.

 

 

Paul Bohne reviewed the path alignment and gave a brief history of the project. Easements were needed from property owners along the alignment to complete the path. Easements generally include a two foot permanent easement, construction easements, permanent slope easements, and drainage easements. The path is 10’ wide with a two foot shoulder and five foot green strip. There are four historic properties involved which required different treatment. Agreement has been reached with all property owners on Webster Road except for a small piece of property on the corner (crosswalk by Acorn Road). Landscaping has been exchanged for the value of the easements. Dubois King is the engineering firm working on the project. Bernie Gagnon, Public Works Director, added the consultants are actively working on minor changes to the drawings and easements. Once all the required documents are signed the final right-of-way plans will be submitted to VTrans for review and approval to proceed to final design. Once the final design is approved the project can be put out to bid. It is hoped to start work by fall. There are some telephone poles by the Baptist Church to be moved with the assistance of Green Mountain Power.

 

Bill Smith asked if the state review ensures all the proper steps have been followed for final design. Bernie Gagnon explained the approval of the right-of-way plans by the state will confirm the town has legal right-of-way to build the project. Mr. Bohne added the town has signed memorandums of understanding with property owners where there were issues with easements. There are 13 property owners impacted by the path.

 

Rob Donahue, Shelburne Paths Committee, expressed thanks and gratitude on behalf of the community for the project.

 

Robert Roesler arrived and assumed the duties of chairman.

 

Darren Benoit with McFarland Johnson reviewed the scoping process for the bridge project. The process included collecting data, hearing local concerns, determining the purpose and need, and developing alternatives. The bridge carries a lot of vehicular and pedestrian traffic. There are wetlands, endangered species, and other environmental concerns with the bridge work. A balance of all the elements within the corridor must be found. The bridge is 22’ wide with no room for bikes and low clearance for boats presently. The existing section of guardrail is ineffective.

 

Ron Joy also with McFarland Johnson reviewed the five alternatives which range from doing safety improvements and improving the roadway approach to widening the bridge or replacing the superstructure and adding shoulders and a sidewalk on the south side of the road. Each alternative goes up in cost. The project estimates include the cost of construction engineering and allowance for right-of-way. There was discussion of the bridge abutments and increasing the height of the bridge for boats. The state inspects the bridge every two years and has not yet rated the decking in “poor” condition. A matrix showing permit conditions, impacts, local issues, permits needed, and cost estimates across all five alternatives was reviewed.

 

Tom Nold asked how long the bridge might be out of commission. Mr. Joy said there are ways to minimize the time or allow one lane of travel.  Bernie Gagnon explained progress on the bridge is funding related. The preferred alternative needs to be identified and the scoping study finalized. A design needs to be drawn and put out to bid and finally construction. In an ideal situation the design would be done in a year and then another year for construction. Christine Ford noted the bridge was submitted to the state’s list of bridges to be fixed, but was not added last year. There is state money for the bridges on the list. Paul Bohne advised it is wise to seek funding for the design work so the bridge does not deteriorate to a point where the state mandates closure. Bridge failure will move the bridge up on the state’s list for funding. The state’s prioritization is based on the conditions of the bridge. The Bay Road bridge is inspected every two years until the condition deteriorates further then inspections will occur every year.

 

Rob Donahue spoke in support of the sidewalk on the south side of the bridge and a four foot wide bike lane on both sides. There was mention of connecting to the TiHaul trail.

 

Michael Koper, a property owner on the north side of the bridge, noted people prefer to fish on the north side of the bridge, and suggested enlarging the pad where people stand to fish. The gentleman offered to allow the enlargement on his property.

 

John Kernan, Spinnaker Lane, stated children in the neighborhood use the roadway to travel to the TiHaul path and then to school so the sooner something is done to improve safety the better. Mr. Kernan spoke in support of a sidewalk on the south side of the road.

 

There was further discussion of the alternatives and raising the height of the bridge to allow larger boats to pass under. It was noted the decision today will be in place for the next 50 years.

 

 

Bob Bick submitted a list of recommended appointees for the dog park committee, including himself, Roslyn Graham, Sarah Blum, Dawna Hammers, Robin Stover, Marlene Luxton-Jones, Carol Bick, Zach Clayton, and Stephanie Clayton. Betsy Cieplicki (Recreation Director) was identified as the liaison from the town. Bill Smith noted the committee needs to define the purpose of the group, design and detail improvements for a dog park and impacts to the town, provide a cost estimate for the establishment and operation of the park, do a cost/benefit analysis, draft a budget, and list any liability concerns. Also, the committee is advisory and should seek both sides of the issue when developing the dog park plan which needs to be presented to the Selectboard for feedback and a decision. The committee could take on a different role at that point. Bob Bick noted there are subcommittees already in place to look at the budget, develop materials for the website and Facebook, look at design elements, public relations, fund raising, and establishing a 501(c)3 organization to accept private donations. The meetings are open to the public. Everyone is invited to present their views.

 

 

Peter Frankenburg reviewed bond amounts totaling $1.585 million and the documents to be executed for five projects and two bond types all financed through the bond bank. A portion of the total amount ($600,000) will be financed with traditional tax exempt bonds, and the remainder ($985,000) with Stimulus (ARRA) ‘Build America Recovery Zone’ bonds, which are available for infrastructure and capital projects. It is estimated that the town will see 5%-10% savings on total debt payments with the “Build America” bonds, but no reduction on principal. Per ARRA requirements wages paid by contractors to workers on these projects must be at or above “Davis Bacon” wages. The Beaver Creek project was completed before the bond application was prepared and the contractor was not able to certify all workers were paid the minimum Davis Bacon wage rates.  The beach seawall project was also completed prior to the bond application, however the contractor could certify the minimum Davis Bacon wages were paid. The Mt. Philo sidewalk project contractor also paid the appropriate wage. The Davis Bacon wage requirement will be included in contracts for the Webster Road path project. The fire truck is considered a capital project and is also eligible for the “Build America” bonds. The interest rates of the bonds will not be known until they are sold in July. Prior estimates indicated a weighted average rate of 3.7% over the 20 year repayment period. Mr. Frankenburg briefly explained how serial bonds are issued and interest rates are applied.

 

Peter Frankenburg explained recovery zone bonds. The beach seawall bond of $150,000 will be amortized over 10 years. The Mount Philo Road sidewalk project at a cost of $131,000 was paid with state funds (80% of the total) and town funds (20% of the total). The town’s share of $25,000 will be paid off in five years. The Webster Road path from Rte. 7 to Boulder Hill received a grant for $200,000 and work in-kind from the town valued at $70,000 plus a bond for $380,000 to be amortized over 20 years.

 

 

Peter Frankenburg gave an update on the bike/ped path projects. In 2007, a $1.1 million bond issue was approved by voters. In 2008, $300,000 was borrowed from this authorization for the Spear Street project. There is approximately $29,000 remaining from this borrowing to be directed toward the next project. The $25,000 match for the Mt. Philo Road sidewalk will be financed from the $1.1 million bond authorization as will the Webster Road project of $380,000 leaving $395,000 of the bond authorization  for future projects. There was a $450,000 bond issue for the fire truck, but thanks to the work of the Fire Dept. the contract was secured for $428,078.

 

Rob Donahue asked if the Harbor Road sidewalk is included in the $1.1 million bond authorization. Peter Frankenburg confirmed this. There was brief mention of the Webster Road path segment and use of bonds.

 

Paul Bohne reported Ted Nelson is interested in being employed by the Town as a part-time assessor. The total cost of the position is $46,000 per year including salary and benefits. Presently the contract with Mr. Nelson through Vermont Appraisal. Co. is $37,000 per year for a delta of $9,000. Staff recommends filling the position.

 

 

Peter Frankenburg noted interest is not charged for the first month after the due date, but the 8% penalty is charged. The state usury rate is 18%.

 

 

 

 

Peter Frankenburg stated the line of credit will only be used if needed, and any amount used will be paid back by October 1^st as tax revenues are received. Paul Bohne noted the voters authorized borrowing in anticipation of taxes at town meeting.

 

 

Mr. Chompupong, owner of the building where the Kong Chow Chinese Restaurant is located on Shelburne Road, explained his efforts to date to resolve the continued accrual of back taxes on the property, including making $800 per month payments, putting the property up for sale, and securing a bank loan for the amount owed in principal. Mr. Chompupong said past tenants in the building did not pay their rent (in arrears $20,000). Mr. Chompupong said he does not have any extra income at this time to pay more than he is on the delinquency. His restaurant business is not doing well. Mr. Chompupong said he is working seven days a week and even went to work in New York to try to make extra income. He promised to pay the principal with the loan from the bank and continue to deduct from his weekly pay to make payments.

 

The amount due in interest to date is $15,859.76 plus $3,334.81 in penalty. Principal is $30,256.82. The restaurant is on the market for $590,000. Taxes on the property are about $10,000 per year.

 

 

Paul Bohne reported on the following:

Ø  A copy of the town charter is available. Simple amendments include changing ‘selectmen’ to ‘selectboard’, ‘listers’ to ‘assessors’, and the tax due date from July 15^th to August 15^th.  Staff suggests any changes be prepared for town meeting in March 2011 rather than the general election in November, 2010. The Selectboard concurred. Paul Bohne will solicit comments from the Town Attorney on the charter changes.

 

Tim Pudvar noted the conflict with the Selectboard meeting and the Back-to-the Beach event. Paul Bohne said the Recreation Director has been apprised and next year a date will be chosen that does not conflict.

 

Al Gobeille suggested a gravel sidewalk be added on the roadside on Bay Road from the bridge to the Ti path. Paul Bohne will discuss the idea with the Public Works Director.

 

 

The meeting was adjourned at 9:12 PM.

 

 

 

Accepted,

 

 

For the Shelburne Selectboard