MEMBERS PRESENT: Robert Roesler (Chairman), Al Gobeille and Gary von Stange

ADMINISTRATION: Paul Bohne, Town Manager and Peter Frankenburg, Finance Director

Mr. Roesler Called the meeting to order at 8:08 A.M.

 

There were no changes to the agenda.

 

There were no comments from the public.

Mr. Frankenburg explained that there had been some issues with the form produced by the software in the Assessor’s office that appeared to impact exempt properties. He stated that he believed that the tax rate that was produced was very close to being correct but that he was not comfortable in using that number until he had a chance to work with the staff in the Assessor’s office later on Monday.

 

Mr. Frankenburg reviewed the spread sheet showing the methodology of computing the various tax rates for the Town and the school. He pointed out that it appeared that the Town tax rate would be very close to what was predicted during the budget discussions and presented to the Town Meeting. The school tax rate will be less than predicted due to the Legislature setting a lower than expected education tax rate.

 

The meeting adjourned at 8:25 AM.

 

Recording Secretary: Paul W. Bohne III

 

Accepted,

 

 

For the Shelburne Selectboard

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

ADMINISTRATION:          Paul Bohne, Town Manager; Peter Frankenburg, Finance Director.

OTHERS PRESENT:          Katherine Stockman, Rad Romeyn, Chris Boyd, Jim Dudley, Michelle Boomhower, Danielle Fitzko, Charlie Proutt, Jeffrey Carr, Ted Johnson, Jim Talley, Charlie Baker, Danielle Frawley (Shelburne News).

 

Robert Roesler called the meeting to order at 6:26 PM. 

 

The Selectboard went into Executive Session at 6:28 PM.

The Board exited Executive Session at 6:58 PM.

Robert Roesler called the regular meeting to order at 7:00 PM.

 

Add:                Item 3.a – Tax Rate

Postpone:        Discussion of Item 4 – “Challenges for Change” by CCMPO and RPC until the arrival of representatives.

 

 [Note: the minutes reflect the order of the published agenda including the addition of Item 3.a.]

 

Katherine Stockman and Rad Romeyn, 1260 Pond Road, expressed concern about the application by the residents of 1271 Pond Road (Platt) for a sun tracker solar panel and the rejection by the Public Service Board (PSB) to requests by residents and the town for a hearing. The 22’ wide by 17’ high rotating solar panel (larger than a billboard) will be located in a sensitive significant view on the south side of Shelburne Pond (75’ off the road in the open field) and will be visible from Shelburne Pond and a mile in each direction, east and west, on Pond Road. Mr. Romeyn recalled all the time and effort expended to preserve the scenic views on Pond Road, noting the proposed installation will have a detrimental impact on the scenic view. Also, the PSB has chosen to ignore the Shelburne Planning Commission’s request for a hearing on the Platt application even though staff communicated the installation will be in violation of the significant views map and the town plan. According to the PSB the letter from Dean Pierce was personal opinion and not the voice of the town’s planning commission so the request for a hearing was dismissed. It appears the citizens in Shelburne do not have a say in where alternate energy installations are located and the Selectboard needs to do whatever is necessary to ensure the town has a say in these installations, urged Mr. Romeyn, because the Platt application is not an isolated case. Chairman Roesler noted state statute gives the PSB jurisdiction and removes the applications from local control. Mr. Romeyn stressed the statute is flawed. Town and elected officials need to correct the statute which surely was not intended to provide wide ranging power to the PSB over sensitive areas in town. Paul Bohne stated ‘net metered’ projects are under the jurisdiction of the PSB and it appears no local standards are being considered by the PSB prior to the PSB giving approval. Mr. Bohne said he and Dean Pierce are meeting with a member of the PSB and hope to get guidance on what would be meaningful for the PSB to review from the local community. How to change the statute will also be discussed. This is the third application and hearing that was requested by the town and denied by the PSB. Potential actions by the town include appealing the decision to the Vermont Supreme Court (30 day window from date of decision) or submit a ‘Motion to Reconsider’ (10 day window from date of decision).

 

Gary von Stange commented companies are being forced to purchase the highly expensive energy (thirty cents per kilowatt).

 

Ms. Stockman said the reason the Platts gave for the solar panel is to show their support of alternative energy. According to the Platts they pay $69 per month in energy bills, but a good deal of the energy comes from hydroelectric (33%). Also, the Platts could look at their carbon footprint from two boats, a mobile home, and a truck and car, suggested Ms. Stockman. Rad Romeyn added it is ironic that the Platts were very involved in the fight against the developer who built a house impacting the view on Pond Road and fought against paving the road yet want to install a solar panel that impacts the view. Paul Bohne noted in two cases in Shelburne the PSB allowed solar panels in the viewshed mapped in the town plan.

 

Staff will further investigate the PSB matter.

 

Peter Frankenburg reported the municipal tax rate is proposed at $0.3196 (no increase from last year). The state sets the school rates. The municipal tax rate was projected to decrease by 1% at the annual town meeting, but the grand list came in lower than estimated. The tax rate is determined by taking the revenue needed based on the approved budget plus the approved separate articles divided by the assessed value of property in town (grand list). The grand list after grievances decreased 1.1% from last year’s amount due to appeals and properties in the current use program. Revenues needed include supporting the General Fund budget of $6,526,854 million, of which $4,492,394 million is to be raised by taxes plus the approved articles that include: interest expense  of borrowing  in anticipation of taxes ($990); Selectboard salaries ($6,300 – level funded); purchase of a new fire truck ($8,300 interest payment); open space allocation ($10,000); VNA funding ($20,000); and social service agency funding ($10,000) for a total amount to be raised by taxes for the General Fund of $4,547,984 divided by the grand list resulting in the municipal tax rate of $0.3196. Several years ago, Shelburne taxpayers also approved a decrease in assessed value for eligible disabled veterans up to $40,000. There are approximately 25 properties that qualify. The state only allows a $10,000 decrease in assessed value for school tax calculations.  The town must make up the difference by establishing a separate “local option” tax rate, which for this year is $0.0007. The school homestead rate is $1.292 and the school non-residential rate is $1.3791. The school homestead rate is about 3 cents lower than projected at town meeting and the nonresidential rate is two cents lower than the town meeting estimate. The Total tax rate (town, school, and local option) for homestead (owner occupied) property is $1.6123 which is a 3% increase (5% increase was estimated at town meeting) and nonresidential property is $1.6994 which is a 1.7 % increase (3% increase was estimated at town meeting).  The Beaver Creek special assessment to upgrade the road to town standards is paid by the 29 property owners on the road. The FY 2010-11 interest payment is $19,900 prorated at $686.21 per property owner. Mr. Frankenburg reviewed a sample tax bill reflecting the education tax rate, municipal tax rate, local option tax rate, and property tax adjustment (applied as a credit against the tax bill).  Of the 2,500 residential properties in town, 915 have  received a reduction equating to $1.9 million.  More will likely receive reductions as late filings, etc. are processed by the Vt. Tax department.

 

 

 

 

 

 

Michelle Boomhower, CCMPO, reviewed the updated resolution of support for the innovative financing report by the Blue Ribbon Committee, noting the regional transportation district with county taxation to raise revenues and multi-year budgeting were removed due to lack of support by member municipalities. Recommendations in the resolution cover deferral of the regional tax authority concept, potential consolidation of CCMPO and RPC,  regionalizing services, the Exit 12-B effort, VTrans project prioritization scoring, monitoring federal highway authorization, environmental permitting process, streamlining the right-of-way process, using design-build, and local transportation facilities.

 

Jeff Carr briefed the Board on the development of the report, acknowledging the concern by communities about another taxing and bonding authority, but noting the county has major transportation issues that must be addressed. Shelburne is being asked to support the amended resolution so there can be a unified voice of the member municipalities when speaking with the Senate and House transportation committees, the legislature, and VTrans about doing more to make the increasingly scarce transportation dollars go farther. The report contains ideas and proposals only. A vote of the people will be needed to implement any of the ideas.

 

Al Gobeille asked about the airport. It was confirmed the airport is part of the transportation system. Regarding Exit 12-B, Jeff Carr said a special assessment district may be needed to leverage public funds.

 

 

Charlie Baker, RPC, said the RPC and CCMPO have been exploring ways to be more efficient and cost effective through consolidation, better governance, joint work programs, and such. Recommendations will be forthcoming in the fall. A report is due to the legislature in January. The Board received a document outlining the activities accomplished since 1968 and the evolution of the changes and elements for the future, such as consolidation of governance. In the fall the towns will have a presentation of the possibilities and narrowing of the options leading to the recommendations to the legislature in January.

 

 

 

Charlie Proutt from Charlotte and Danielle Fitzko with the Agency of Natural Resources drafted and reviewed a draft tree policy for Shelburne. The policy incorporates some portions of the town’s existing policy and discusses private property, trees in the public right-of-way, specifications for planting, maintenance of trees, and what the town’s tree warden can and cannot do. There was discussion of having a certified arborist on staff or under contract and holding a public hearing before removing trees from public property. Trees that are a hazard to the public or diseased should be removed. There was discussion of the need for an ordinance which allows penalties. There was mention of having a tree advisory committee. It was suggested terms of service and the charge of the committee be clearly defined. The Selectboard will further review the policy. Gary von Stange announced Kit Anderson requested appointment as tree warden for Shelburne and Roger Price volunteered to serve on a tree committee or help in any way. The Town Manager is presently the town’s tree warden.

 

 

There was mention of having a motor vehicle pool where vehicles are shared across departments. The Water Dept. and Waste Water Dept. do share vehicles at times. Staff will further investigate the concept of a vehicle pool. A goal is to eliminate one more pickup truck from the fleet.

 

Paul Bohne reported staff fielded many calls and emails about the cancellation. Thanks were extended to Police Chief Warden for his investigation of the band and associated concert issues. The town does not issue permits for concerts. The state issues a public assembly permit and the Museum contracts with the concert promoter. The town’s role is to provide advice on safety and security issues, and the advice to the Museum was that the concert was a risk and the town could not guarantee the support and security that would be needed to protect the property. Despite the negative reaction from some of the public, the town feels the Museum made the proper decision to cancel the concert. The town typically relies on the promoter and the Museum to vet acts, but will do some vetting as well to determine exactly who is coming to town before tickets are sold.

 

Chris Boyd, Shelburne resident, dismissed the threat of boycott of the town by some of the concert goers, stating the museum property is the wrong venue for the concerts due to the volume of noise for residents. There are other sites that are more appropriate and have available parking, such as Essex Junction (fairgrounds). Mr. Boyd asked that the Selectboard send a letter to the Governor’s Office and the Commissioner of Public Safety requesting that public assembly permits not be issued for the museum property. Tim Pudvar spoke against the request, noting there are good performers who come to Shelburne which bring lots of people who patronize local stores. Mr. Pudvar agreed certain acts need to be better vetted. Gary von Stange conceded music can be heard by area residents, but that is balanced against people coming to the museum to attend the event. There are inappropriate acts because the decibel level is too high or the act brings safety concerns the town is not equipped to handle, but a blanket prohibition of concerts in Shelburne is not the answer. Having a thorough vetting system so the town and concert goers are not at an unreasonable safety risk would be good, said Mr. von Stange. Bill Smith pointed out there are informal agreements as to decibel limits and concert start/end times which could be formalized. The public does benefit from the concerts. Chris Boyd said if there is a way to ensure the caliber of concerts within the limits that is fine. Chairman Roesler pointed out the police will vet the events. It is hoped the Museum will not support acts that are not appropriate for the town.

 

 

 

Paul Bohne reported on the following:

Ø  The owner of the Harbor Hide-Away property has no immediate plans for the property. The owner has been informed if there is evidence the property is becoming a public safety issue the town will require action be taken.

Ø  The owner of the mobile home at 671 Falls Road is not receptive to sharing the cost of moving the structure and expressed concern that the town and not the neighbors were discussing the matter with her. There is a new owner of the adjacent property.

 

None.

 

 

The meeting was adjourned at 9:06 PM.

 

 

Accepted,

 

 

 

For the Shelburne Selectboard