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minutes

August 2010

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

August 10, 2010
 
MEMBERS PRESENT:      Tim Pudvar, Al Gobeille, Gary von Stange. (Robert Roesler and Bill Smith were absent.)
ADMINISTRATION:          Paul Bohne, Town Manager; Peter Frankenburg, Finance Director.
OTHERS PRESENT:          Michael Burke, Brian Precourt, Jim Limanek, Margo Callaghan (Shelburne News).
 

1.         CALL TO ORDER
MOTION by Al Gobeille, SECOND by Gary von Stange, to appoint Tim Pudvar as Chairman Pro Tem. There were three members of the Selectboard present. CALL THE QUESTION by Al Gobeille. Discussion ceased. VOTING: unanimous (3-0); motion carried.
 
2.         APPROVAL OF AGENDA
There were no changes to the agenda.
 
3.         CITIZEN PARTICIPATION
[NOTE: Comments from Jim Limanek occurred near the end of the meeting due to Mr. Limanek’s late arrival, but are recorded under “Citizen Participation’.]
 
Jim Limanek, Fieldstone Way, commented on the bike path project in Shelburne, stating side paths (bike paths) give a false sense of security in that the community feels something has been done for them and the user feels there is a sense of security when using the path. The problem is not apparent to the untrained eye. The town has not gone through the process or followed the advice of the expert who recommended doing a separate path in its own corridor or bike lanes rather than a side path, opined Mr. Limanek. With side roads off main roads there are side path junctions, continued Mr. Limanek, and the path on Webster Road will have 11 junctions, each with hazards making it user unfriendly and potentially dangerous with cars backing out of driveways or entering/exiting side roads. Mr. Limanek said he is speaking as a seasoned bicyclist who has been riding his bike to work for over 20 years. Cars do not have the needed sight distance if the stop sign is set before the side path because the car is stopped too far back from the main road which forces the driver to pull up and block the side path. Also, cyclists on a side path do not have the right of way as they would if they were riding on the road. Nearly all car/bike accidents (95%) occur at intersections and unless a bridge is built over each intersection, there is a problem. Mr. Limanek submitted a petition signed by 14 people in the neighborhood (more signatures are possible) in support of changing the Webster Road project from a multi-use path to a standard sidewalk and road enhancements that encourage cycling. Mr. Limanek contended a sidewalk was not considered in the first place because the project was part of a path network in town and the Paths Committee was pushing for a path. Federal funding for a sidewalk and bike lanes was not brought up as an option because the Paths Committee was not aware this was an option. Mr. Limanek urged the town to do the project right now.
 
Tim Pudvar stated the project was approved by the voters. Much effort has been expended to get the project to this point and there was plenty of opportunity for comment. Mr. Limanek interjected his vote was for facilities. Mount Philo Road and Spear Street were included in the vote and the Webster Road path project was not set in stone. The Selectboard has the responsibility to do the project correctly, stressed Mr. Limanek, adding people rely on the experts to do it right. Tim Pudvar pointed out many children ride their bike to school and it is safer for them not to be on Webster Road. Mr. Limanek countered it is 10 times more dangerous (on a side path) and safer to ride on the road, adding ten year olds are capable of biking at a fast speed and will take the path of least resistance by zipping into the road from the path. Webster Road is part of the Champlain Bike Way and has lots of cyclists. The plan for the path is not complete and it is more dangerous for bicyclists using the road and the town saying there is a bike path which implies this is where those riding bikes should be. It has been shown side paths are more dangerous, but to the untrained eye it seems this is where bikes should be, stated Mr. Limanek.
 
Gary von Stange explained there comes a time when the town votes in favor of a project and plans are drawn up that either the town moves forward to do the project or does not. The path is ready to go forward at this point. Lots of time and effort have been expended and funding secured. If there were safety issues, these should have been raised earlier in the process which may have been the case and the people involved disagreed. There is not one member of the Paths Committee who does not have as the paramount concern the safety of the children in mind, said Mr. von Stange. Jim Limanek stated the members of the Paths Committee know no more about side paths than the average citizen. Much material and information was given to the Paths Committee, but the members said it did not pertain to them. The members are passed off as bike experts, but they are not, stressed Mr. Limanek. They do not have credentials or degrees. The Selectboard ignored professional advice on the whole process and having done this has incurred liability for the town. ASHTO is advisory to Federal Highway, continued Mr. Limanek, and the manual has an entire chapter devoted to why side paths should not be built and cites limited occasions when a bike path should be built. Mr. Limanek recalled he spoke to Paul Bohne in August, 2009 and Mr. Bohne said he would research doing a slightly wider sidewalk and widening Webster Road to 15’ wide lanes (30’ total width). The road is currently 26’ wide. Mr. Limanek questioned why cyclists using the road should not be accommodated, noting the path project was pushed through. Mr. Limanek conceded the odds are against his position on the project, but the statistics are in support, and once the path is built the town will have to live with whatever happens. Mr. Limanek again urged the Selectboard to take a serious look at the project.
 
Paul Bohne pointed out the sitting Selectboard was not involved in the path project from the start. Mr. Bohne disagreed with Mr. Limanek’s recollection of the process, noting Jim Donavan confirmed there was discussion back in 2003 and 2004 of the dangers of a side path and discussion of options. It was a discreet decision that was made which took into consideration the concerns cited by Mr. Leminek. The decision was made for a multi-use path to be used by many more people than could use even a widened sidewalk, and it was acknowledged expert cyclists would likely not use the path. The number of people cycling in Shelburne is increasing and the town has improved facilities to encourage bike riding. It may be incumbent for the town to look at a path on Irish Hill Road or bike lanes on both sides of Webster Road for the expert bicyclists to use, offered Mr. Bohne, but the Webster Road bike path was agreed to and designed with consideration of the points made by Mr. Limanek.
 
There was further debate of the bike path project moving forward. Mr. Limanek asked who made the decision on the path. Mr. Bohne said the Selectboard ultimately on recommendation of the expert working with staff (Paul Bohne, Bernie Gagnon, Dean Pierce). Mr. Limanek mentioned he was accused by mothers of forcing them to push their carriages on the bike lanes, and that is why it is clear the choice of lanes plus a sidewalk was never presented. Mr. Donavan did not believe a sidewalk could be included in the funding so the option was never presented, stated Mr. Limanek, adding a number of people agree having a sidewalk and bike lanes would be better. Mr. Limanek reiterated he is clear that the town was never given the option of a sidewalk plus bike lanes. Tim Pudvar confirmed the project will likely move forward at this point. Mr. Limanek warned the town will be responsible after having been informed. Al Gobeille said as an avid cyclist himself and his children being bikers as well he would rather see them using a bike path than the road. A sidewalk and bike path have the same effect on the community. There are stop signs at road crossings on Burlington’s bike path. There was brief further discussion of the bike path project moving forward regardless of the opinion from experts on side paths.
 
4.         CONSIDER ACKNOWLEDGING RECEIPT OF PROPOSED AMENDMENTS TO THE TOWN OF SHELBURNE ZONING BYLAWS AND ACCOMPANYING REPORT FROM THE PLANNING COMMISSION AND CONSIDER WARNING A PUBLIC HEARING ON SEPTEMBER 14, 2010
Dean Pierce briefly reviewed the procedure to warn a public hearing on the zoning amendments.
 
MOTION by Gary von Stange, SECOND by Al Gobeille, to acknowledge receipt of the proposed amendments to the Town of Shelburne zoning bylaws and accompanying report from the Planning Commission and to warn a public hearing on 9/14/10. VOTING: unanimous (3-0); motion carried.
 
5.         DISCUSSION CONCERNING SELECTBOARD INPUT ON QUESTIONS PROPOSED FOR THE SURVEY PLANNED BY THE SHELBURNE PLANNING COMMISSION
There was discussion of input from the Selectboard on specific questions or on the survey overall and crafting a survey with questions as unbiased as possible. Dean Pierce mentioned potential assistance with the survey from Fred Schmidt and UVM. There was further discussion of the survey being brief enough to get a good response from the townspeople yet broad enough to yield input and opinion on what people want the town to look like in the future. The Selectboard will forward comments to Dean Pierce.
 
6.         CONSIDER REQUEST BY PLANNING COMMISSION FOR FINANCIAL ASSISTANCE IN EFFORT TO CONTRIBUTE A LOCAL VOICE IN THE APPLICATION PROCESS FOR CERTIFICATES OF PUBLIC GOOD CONCERNING PHOTOVOLTAIC PANELS AND WINDMILLS
Paul Bohne explained legislation was passed that took control and input away from communities with regard to windmills and photovoltaic applications. Certificates of Public Good for net metered installations are issued by the Public Service Board. A community can request a prehearing conference and potentially a hearing before the PSB, but it is difficult to frame the argument to result in a hearing without input from experts in the field. Shelburne Planning Commission wants to be able to hire an expert to attend prehearing conferences and provide input as necessary on behalf of the town. Mr. Bohne added the Selectboard may also want to discuss taking a position on modifying the legislation to allow towns to have more opportunity for input.
 
There was brief discussion about home rule and local zoning/permitting. Dean Pierce said the state decided to treat windmill and photovoltaic applications specially and reduce the amount of local control that applies. The PSB is inundated with applications and has raised the bar for town involvement. The most recent letter to the PSB sent by Shelburne was more like a legal brief than a letter. A recent PSB decision for an installation in Shelburne did not even consider what the town presented in its correspondence to the PSB. The town did not have an expert to testify about alternate locations.
 
MOTION by Gary von Stange, SECOND by Al Gobeille, to authorize expenditure of up to $1,000 in financial assistance in an effort to contribute a local voice in the PSB application process for Certificates of Public Good concerning photovoltaic panels and windmills. VOTING: unanimous (3-0); motion carried.
 
Paul Bohne mentioned the funds will be taken from the Selectboard Discretionary Fund when needed.
 
7.         CONSIDER AMENDING ACTION TAKEN BY SELECTBOARD ON 7/13/10 RELATIVE TO WAIVER OF IMPACT FEES FOR SHELBURNE BAY REAL ESTATE, LLC
Paul Bohne explained the recreation and education impact fee waivers were tied to another matter and the Selectboard is being asked to reconsider the prior motion and then grant the waiver.  Previously 100% of the education impact fees and 50% of the recreation impact fees were waived. Brian Precourt, Planning Commissioner, recalled the Planning Commission did not approve a waiver of 100% of the fee. Tim Pudvar explained there was some precedent and the Selectboard felt the need to be consistent.
 
MOTION by Al Gobeille, SECOND by Gary von Stange, to reconsider the decision made on 7/13/10 regarding the request for waivers for Shelburne Bay Senior Living, LLC. VOTING: unanimous (3-0); motion carried.
 
MOTION by Al Gobeille, SECOND by Gary von Stange, to approve waiver of the educational impact fee of 100% and the recreation impact fee of 50% for Shelburne Bay Real Estate, LLC. VOTING: unanimous (3-0); motion carried.
 
Paul Bohne noted the confusion was because the town was trying to get payment from a different entity owned by the same individual. Shelburne Bay did come before the town in 2003-04 for expansion and attorneys for the developer and the town agreed there is no nexus between education spending and senior citizens so the case can not be made that a senior citizen project pay education impact fees. Argument can be made that recreation impact fees be paid.
 
8.         CONSIDER GRANTING REQUEST FROM BRIAN PRECOURT ON BEHALF OF PRECOURT INVESTMENT COMPANY TO AMEND THE STIPULATION OF DISMISSAL AND ORDER REGARDING THE DEADLINE TO COMPLETE CONSTRUCTION OF A CAMP AT 700 BAY ROAD FORMERLY OWNED BY HANSON AND WONG
Paul Bohne explained a conditional use permit was denied by the Shelburne Zoning Board of Adjustment in 2007 for reconstruction of the dilapidated camp formerly owned by Hanson and Wong between Bay Road and the lake (bay). The decision was appealed to Environmental Court and the town entered into an agreement to allow reconstruction with stipulations. The stipulations also addressed maintenance of the ranch house on the other side of the road from the camp. Precourt Investment Company purchased both structures and demolished the ranch house. Precourt is requesting the deadline for reconstruction of the camp be extended to May, 2011.  There was brief discussion of allowing enough time to complete the work given the limited construction season in Vermont.
 
MOTION by Al Gobeille, SECOND by Gary von Stange, to grant the request by Brian Precourt on behalf of Precourt Investment Company to amend the Stipulation of Dismissal and Order and extend the deadline to complete construction of a camp at 700 Bay Road to September 1, 2011. VOTING: unanimous (3-0); motion carried.
 
9.         CONSIDER AMENDING THE GRAND LIST UNDER THE PROCESS OF ERRORS AND OMISSIONS TO REFLECT CHANGES OF VALUE FOR LAKE CHAMPLAIN YACHT CLUB FROM $1.2 MILLION TO $985,000 DUE TO A PREVIOUSLY STIPULATED VALUE AND CHERYL ROBERTS FROM $27,600 TO $0 FOR A MOBILE HOME THAT WAS RELOCATED OUT OF TOWN PRIOR TO APRIL 1, 2010
Paul Bohne explained once the Grand List is set by the Assessor, change can only be made with appeal (Board of Civil Authority) or by the Errors and Omissions process. If the Assessor believes there has been an error, the Selectboard can be petitioned to authorize a change. Lake Champlain Yacht Club argued successfully against the position that the best use of their property would be for a single family house because the site would not support a septic system. The stipulated agreement was set at $985,000, but the wrong amount was sent out with the notification to the property owner. Regarding the mobile home, the Assessor became aware that the dwelling was moved to St. George after the Grand List was set.
 
MOTION by Gary von Stange, SECOND by Al Gobeille, to amend the Grand List under the process of Errors and Omissions to reflect changes of value for Lake Champlain Yacht Club from $1.2 million to $985,000 due to a previously stipulated value and for Cheryl Robert from $27,600 to $0 for a mobile home that was relocated to St. George prior to April 1, 2010. VOTING: unanimous (3-0); motion carried.
 
10.       DISCUSSION OF AMENDMENT TO RESOLUTION RELATING TO EXEMPTIONS OR WAIVERS UNDER SECTION 9 OF THE SHELBURNE IMPACT FEE ORDINANCE
Tim Pudvar explained there are potential inconsistencies in the ordinance relating to impact fees. Alternate wording of the resolution was discussed including using the word “may” versus “shall” and deleting an educational impact fee for elderly housing projects. Gary von Stange suggested postponing discussion until all board members are present. Tim Pudvar questioned how a budget can be drafted under a “maybe” scenario (i.e. using the word “may” instead of “shall”). Al Gobeille suggested there could be a certain threshold that is guaranteed and anything above that is a judgment based on the merits of a project or the situation facing the town. It is anticipated there will be another affordable housing project proposed in the town within the next 20 years. Paul Bohne noted the resolution addresses the process before approaching the Selectboard for a waiver. There was mention of the definition of ‘affordable housing’ (80% of median income) and ‘work force housing’ (up to 110% of median income). The Selectboard will discuss the matter further at the next meeting.
 
11.       DISCUSSION OF PROCESS TO AMEND THE TOWN CHARTER AND POSSIBLE CHANGES
Paul Bohne stated needed amendments to the town charter are highlighted in the working document previously provided to the Board. Changes include changing the word “selectmen” to “selectboard” and “lister” to “assessor”. Also, the tax due date is now August 15th, not July 15th as noted in the charter. Comments from the Town Attorney have been solicited. The amendments must be submitted to the Town Clerk by the end of December in order to be on the ballot for public vote at the annual town meeting in March. Public hearings on the amendments must be held prior to the town vote. Following further discussion there was agreement to discuss the matter further at a work session in September (separate meeting from the regular Selectboard meetings).
 
12.       CONSIDER APPROVING MINUTES OF JULY 12 AND JULY 13, 2010
July 12, 2010
Postponed due to lack of quorum of those present at the 7/12/10 meeting.
 
July 13, 2010
MOTION by Gary von Stange, SECOND by Al Gobeille, to approve the 7/13/10 minutes as written. VOTING: unanimous (3-0); motion carried.
 
13.       MANAGER’S REPORT
Paul Bohne reported on the following:
Ø  Congratulations to Shelburne Little League, the coaches (Bill Supple and Brian Conroy) and the entire team, for their 2010 baseball championship. The team also won the championship in 2005. Best of luck and continued success at the very competitive tournament in Bristol, Conn.  All are urged to watch the games which will be televised.
Ø  Shelburne provided office space to the census workers for staff training and received a plaque recognizing the town as a valued partner.
Ø  Thank you note from Connie Trongo, library employee, for the flowers and well wishes following her recent surgery.
Ø  Verizon documents have been received for signature. Mark Snelling agreed to rent indoor space to Verizon. Improved service for Verizon customers as well as AT&T customers is anticipated with the new locations on the water tank.
Ø  Kelly O’Brien, inmate being lodged in an ‘adjustment center’ in Kentucky, has filed a lawsuit against the Shelburne police officer involved in the shooting in town as well as the town manager, police chief, and police department. The Town Attorney and VLCT received the case which is a federal lawsuit alleging violation of constitutional rights.
Ø  Wake Robin, the town’s largest taxpayer, is appealing their assessment and has retained their own appraiser. The Selectboard will be kept informed as the situation progresses.
Ø  Appreciation and thanks were extended to Shelburne’s very competent staff and well run departments. The town depends on these good people to do good work and they do just that which avoids the town having to deal with many of the issues facing other municipalities in the area.
 
14.       MEMBER CONCERNS
  • Gary von Stange mentioned beating the previous meeting length record under the guidance of Bill Smith.
 
  • Al Gobeille urged the public to get involved in discussions to rebuild Centennial Field and how that could happen. One idea is increasing the room portion of the Rooms and Meals tax and directing the incremental increase toward reconstruction of the ball field. There are other proposals for the region that need to be discussed as well, such as a new off ramp from the interstate or a new hockey arena. Public discussion and education is vital and Shelburne needs to be involved. Shelburne is part of the regional economy and regional Chamber of Commerce.
 
  • Tim Pudvar mentioned the letter from a visitor to Shelburne who encountered unleashed dogs at Bay Park. The encounter was not pleasant for either the person or their dog. Technically the town does not have a leash law (dogs are required to be under their owner’s verbal control which is very vague). Mr. Pudvar suggested the Selectboard discuss strengthening the ordinance. The Dog Park Committee may also want to discuss the matter. Stating a dog must be on a leash removes any ambiguity. Paul Bohne will ask the Dog Park Committee to investigate how other towns handle dogs on public property.
 
  • Tim Pudvar mentioned (with tongue in cheek) considering having a three person selectboard.
 
15.       ADJOURNMENT
MOTION by Al Gobeille, SECOND by Gary von Stange, to adjourn the meeting. VOTING: unanimous (3-0); motion carried.
 
The meeting was adjourned at 8:33 PM.
 
RScty:MERiordan
 
 
Accepted,
 
 
 
For the Shelburne Selectboard

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

August 24, 2010
 
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:          Coaches and players on the Championship 11-12 Year Old Shelburne Baseball All Star Team, Steve Unsworth, Margo Callaghan (Shelburne News).
 

1.         CALL TO ORDER
Chairman Robert Roesler called the meeting to order at 7 PM.
 
2.         APPROVAL OF AGENDA
Add:    Item 7.b – Licensing Agreement for Marshall Swift Cost Tables
Item 7.c – Pilot Installation of Two Wayfaring Signs
Item 7.d – Request for Sewer Allocation of 140 gpd for Accessory Apartment at 270 Bacon Drive
 
3.         CITIZEN PARTICIPATION
There were no comments from the public at this time.
 
4.         APPROVAL OF RESOLUTION ACKNOWLEDGING THE STATE CHAMPION 11-12 YEAR OLD SHELBURNE LITTLE LEAGUE ALL STARS
Chairman Roesler read the resolution recognizing the accomplishments of the Shelburne Little League 11-12 Year Old All Stars and coaches as the Vermont State Little League Champions who represented Vermont in the New England Tournament in Bristol, Connecticut. It was noted Shelburne Little League also won the state championship in 2005. Positive comment was made on the work of the coaches to teach not only the game of baseball, but also teamwork.
 
MOTION by Gary von Stange, SECOND by Al Gobeille, to enthusiastically adopt the resolution acknowledging the State Champion Shelburne Little League 11-12 Year Old All Stars. VOTING: unanimous (5-0); motion carried.
 
5.         CONSIDER APPROVAL OF MUNICIPAL CERTIFICATE TO MUNICIPAL BOND DUE TO RECENT ISSUE OF REFUNDING BONDS BY VEMONT MUNICIPAL BOND BANK
Paul Bohne reported the bond bank refinanced bonds at a better rate. The town will realize a savings over the remainder of the bond life of nearly $280,000.
 
MOTION by Bill Smith, SECOND by Tim Pudvar, to approve the municipal certificate relative to the recent issue of refunding bonds by the Vermont Municipal Bond Bank due to a better rate. VOTING: unanimous (5-0); motion carried.
 
6.         CONSIDER AMENDING GRAND LIST USING THE PROCESS OF ERRORS AND OMISSIONS TO REFLECT CHANGES IN VALUE FOR 370 MONARCH ROAD AND 495 CHEESEFACTORY ROAD/200 LEDUC FARM ROAD
Paul Bohne noted the properties at 370 Monarch Road (value change from $1,249,554 to $1,221,000) and 495 Cheesefactory Road/200 LeDuc Farm Road (value change from $187,431 to $202,600) are in the Land Use Program and the changes occurred after review of land use values.
 
MOTION by Bill Smith, SECOND by Al Gobeille, to approve amendment of the Grant List using the process of Errors and Omissions for both the 370 Monarch Road and 495 Cheesefactory Road/200 LeDuc Farm Road properties. VOTING: unanimous (5-0); motion carried.
 
7.         CONSIDER AMENDMENT TO RESOLUTION RELATING TO EXEMPTIONS OR WAIVER UNDER SECTION 9 OF THE SHELBURNE IMPACT FEE ORDINANCE
Paul Bohne recalled the request from Shelburne Bay Senior Living LLC for waiver of recreation and education impact fees brought the issue to light. There appears to be agreement senior housing has no nexus to claim use of educational facilities so it is difficult to make a case for educational impact fees to be paid. The Selectboard may want to amend the ordinance by removing or adding language relative to the matter, said Mr. Bohne. There was mention of clarifying the definition of ‘affordable housing’ to address different scenarios or changes over time. Paul Bohne noted the town plan and zoning bylaws do contain definitions for senior and affordable housing and the definition is the same as used by the community development block grant program and tax credit program so there is consistency. There was mention of the definition of ‘work force’ housing and ensuring the housing remains as defined over time, especially if tax breaks and other waivers were granted. Gary von Stange spoke in support of giving the Selectboard discretion in granting waivers and exemptions because language cannot be added to the ordinance to address every possible scenario or circumstance. Al Gobeille pointed out one goal is to reward a developer for charging less for a dwelling which allows someone to buy a house who might otherwise not be able to do so. The ordinance rewards the developer with greater density if affordable housing is included in their project.
 
MOTION by Bill Smith, SECOND by Tim Pudvar, to approve an amendment to the resolution relating to exemption or waiver of Shelburne’s impact fee to make the adjustment of the fee permanent and not used as a guideline and to strike/reduce the 60% & 80% figures under elderly housing. VOTING: Prior to the vote the motion was withdrawn.
 
MOTION by Bill Smith, SECOND by Tim Pudvar, to amend the exemption or waiver under Section 9 of the Shelburne Impact Ordinance Fee so that it is resolved that adjustments to the fee shall be made in accordance to the schedule as defined on the resolution as modified by making elderly housing units reduced by 100% of the educational impact fee.
DISCUSSION: It was pointed out the schedule remains as stated except for the change to elderly housing. Gary von Stange suggested the Selectboard have flexibility to address individual situations as there is a nexus between education impact fees and affordable housing, but there is not a nexus for elderly housing and educational impact fees. There was discussion of adding language regarding oversight over time of the types of housing (work force, affordable, elderly). It was noted changes can be made to the document in the future if necessary. There were no further comments.
VOTING: unanimous (5-0); motion carried.
 
Staff will redraft the document incorporating the amendment(s).
 
7.b       LICENSING AGREEMENT FOR MARSHALL SWIFT COST TABLES
MOTION by Tim Pudvar, SECOND by Al Gobeille, to approve the letter regarding the licensing agreement for the Marshall Swift Cost Tables from the state until June 30, 2011. VOTING: unanimous (5-0); motion carried.
 
7.c       PILOT INSTALLATION:  TWO WAYFARING SIGNS
Paul Bohne reported the Planning Commission is in support of the pilot program to install two signs at the intersection of main roads in town. One sign will be posted for All Souls because they do not have frontage and one sign will be posted directing people to the town’s athletic facilities including the ball fields and the Fieldhouse. All Souls and Fieldhouse will pay for the sign prototypes and installation. Design review approval must be secured. Presently, there has not been agreement on a town logo so the signs will be posted without a logo which can be added later.
 
MOTION by Tim Pudvar, SECOND by Al Gobeille, to approve the pilot installation of up to two wayfaring signs. VOTING: unanimous (5-0); motion carried.
 
7.d       REQUEST FOR SEWER ALLOCATION OF 140 GPD FOR AN ACCESSORY APARTMENT AT 270 BACON DRIVE
MOTION by Tim Pudvar, SECOND by Al Gobeille, to approve sewer allocation of 140 gpd for an accessory apartment at 270 Bacon Drive. VOTING: unanimous (5-0); motion carried.
 
8.         CONSIDER REQUEST BY STEVE UNSWORTH FOR WAIVER OF THE 1% PENALTY FOR TECHNICAL LATE FILING OF THE HOMESTEAD DECLARATION
Steve Unsworth stated he submitted his declaration on-line, but the tax department said the information was not received even though a receipt was sent for the on-line submission. Mr. Unsworth said he then submitted a paper copy which the tax department said was not received though again a receipt was sent for the submission. With the assistance of Peter Frankenburg the residential rate was applied, but the request remains for waiver of the penalty.
 
MOTION by Al Gobeille, SECOND by Gary von Stange, to grant the request by Steve Unsworth for waiver of the 1% penalty for technical late filing of the Homestead Declaration.
DISCUSSION: Tim Pudvar asked if the legislators have made progress relative to inaccurate record of filing because this is not the first occurrence of the problem.  Staff confirmed no further progress has been made. There were no additional comments.
VOTING: unanimous (5-0); motion carried.
 
9.         CONSIDER APPROVING MINUTES OF JULY 12 & AUGUST 10, 2010
July 12, 2010
MOTION by Gary von Stange, SECOND by Tim Pudvar, to approve the 7/12/10 minutes as written. VOTING: 4 ayes, 1 abstention (Bill Smith); motion carried.
 
August 10, 2010
MOTION by Tim Pudvar, SECOND by Gary von Stange, to approve the 8/10/10 minutes as written. VOTING: 4 ayes, 1 abstention (Bill Smith); motion carried.
 
10.       MANAGER’S REPORT
Paul Bohne reported on the following:
Ø  Construction for Verizon Wireless service has not yet started (will take about 60 days to complete). The service is in addition to what presently exists in Shelburne, Charlotte, and Burlington. AT&T service is also expected to improve.
 
11.       MEMBER CONCERNS
Tim Pudvar volunteered to work with Paul Bohne and the Police Chief to clarify the dog control ordinance (request dogs to be on a leash). The public is invited to submit comments.
 
12.       EXECUTIVE SESSION and/or ADJOURNMENT
MOTION by Tim Pudvar, SECOND by Gary von Stange, to adjourn the meeting. VOTING: unanimous (5-0); motion carried.
 
The meeting was adjourned at 8:03 PM.
 
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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