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minutes

April 2012

 

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

April 10, 2012
 
 
MEMBERS PRESENT:        Bill Smith (Chairman); Tim Pudvar, Al Gobeille, Gary von Stange. (Robert Roesler was absent.)
ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Finance Director; Dean Pierce, Planning Director.
OTHERS PRESENT:           Rosalyn Graham, Joan Lenes, Brian Precourt, Ron Gagnon, Dick Elkins, Todd Whitaker, Graham Goldsmith, Chris Wagner, Mary Mullican, Mara Welton, Sara Blum, Levy Sommers, Amy Gregory, Jon Pizzagalli, Jessica Glasscoe, Dustin Glasscoe, Robin Reid, Debbie Harris, Len Hanson,  Jerry Fisher, Margo Livingston (Shelburne News).
 

1.         CALL TO ORDER
Chairman Bill Smith called the meeting to order at 7 PM.
 
2.         APPROVAL OF AGENDA
Appointment of Ron Gagnon to the Cemetery Commission was advanced in the agenda.
 
3.         APPROVAL OF MINUTES
March 27, 2012
MOTION by Tim Pudvar, SECOND by Al Gobeille, to approve the March 27, 2012 minutes as written. VOTING: unanimous (4-0); motion carried.
 
4.         CITIZEN PARTICIPATION
There were no comments from the public at this point in time.
 
5.         ANNOUNCEMENTS
Public Design Meeting at Bay Road/Route 7/Executive Drive Intersection
Public comment will be solicited and compiled by a team of architects on improvements to the Bay Road/Route7/Executive Drive intersection as part of the SDAT project on April 11th and 12th with a presentation at the Planning Commission meeting on April 12, 2012.
 
Overview and Financial Result of the Fool’s Flop
A total of $14,425 was raised (goal was $10,000). Thanks is extended to the 103 people who plunged into the 37 degree lake water and for the generous donations by the Automaster ($5,000), Shelburne-Charlotte Interfaith Project ($1,000), Sweeney Design Build (work crew to build the structure), and the  recreation department staff and committee for their significant effort.
 
 
 
 
Appointment of Ron Gagnon to Cemetery Commission for Term of Three Years
Bill Smith recused himself from the appointment. Tim Pudvar assumed the duties of chairman. Members of the Selectboard mentioned their association with Ron Gagnon. There was agreement that no conflict of interest exists requiring recusal.
 
MOTION by Al Gobeille, SECOND by Gary von Stange, to appoint Ron Gagnon to the Cemetery Commission for a term of three years. VOTING: unanimous (3-0); motion carried.
 
Bill Smith returned to the Selectboard and resumed the duties of chairman.
 
6.         MANAGER’S REPORT
Town Manager, Paul Bohne, reported on the following:
  • Water main reconstruction on Webster Road and old Route 7 will begin early May.
  • Work on the Webster Road path will resume and likely be complete by the end of May.
  • Selectboard retreat is May 5, 2012 at 8:30 AM in the town center.
 
7.         OLD BUSINESS
Public Hearing: Amendment of Shelburne Zoning Bylaws by Relaxing Certain Restrictions for Curb Cuts in the Mixed Use District
The public hearing was opened at 7:15 PM. Town Planner, Dean Pierce, reviewed the background of Shelburne Road zoning changes over time and the requested changes relative to the number of curb cuts and building footprint in a PUD in the Mixed Use District. It was noted the state controls access on state roads with regard to the number of curb cuts. There were no further comments. The hearing was closed at 7:27 PM.
 
MOTION by Al Gobeille, SECOND by Gary von Stange, to adopt the amendment to the Shelburne zoning bylaws by relaxing certain restrictions for curb cuts in the Mixed Use District. VOTING: unanimous (4-0); motion carried.
 
MOTION by Al Gobeille, SECOND by Tim Pudvar, to adopt the amendment to the Shelburne zoning bylaws by relaxing certain restrictions for building size in the Mixed Use District. VOTING: unanimous (4-0); motion carried.
 
8.         NEW BUSINESS
Approval of Charter for Friends of Dog Park Committee and Appoint Committee Members
Bill Smith explained the request by the Friends of the Shelburne Village Dog Park Committee to be a Selectboard appointed committee in order to be covered by the town’s insurance. Bill Smith reviewed the charter for the committee relative to the number of members, length of terms, and responsibilities with the dog park. Sara Blum asked if the number of members must be specified in the charter since 11 members may not be the number desired in the future. Bill Smith clarified the number is “up to eleven” so not all vacancies need to be filled. There was brief discussion of improvements to muddy areas in the park and having a separate area within the dog park for small dogs.
 
MOTION by Al Gobeille, SECOND by Tim Pudvar, to approve the charter for the formation of the Friends of the Dog Park Committee.
DISCUSSION: The Selectboard agreed to modify the charter by renaming the committee to “Friends of Shelburne Village Dog Park Committee” and to specify the committee positions of chairperson, vice chairperson, secretary, and treasurer. There were no further comments.
VOTING: unanimous (4-0); motion carried.
 
MOTION by Al Gobeille, SECOND by Gary von Stange, to appoint Sara Blum, Rosalyn Graham, and Bob Bick each to a three year term on the committee. VOTING: unanimous (4-0); motion carried.
 
MOTION by Al Gobeille, SECOND by Gary von Stange, to appoint Carol Bick, Dawna Hammers, Robin Shover, and Sue Ayn Wood each to a two year term on the committee. VOTING: unanimous (4-0); motion carried.
 
MOTION by Al Gobeille, SECOND by Gary von Stange, to appoint Marilene Luxton-Jones, Zach Clayton, Philip Fass, and Terry Paquin each to a one year term on the committee. VOTING: unanimous (4-0); motion carried.
 
Tim Pudvar commented the group should be very proud in their achievement of seeing their idea for a dog park come to fruition, largely through raising private funds. Rosalyn Graham noted the group is planning a grand opening with events in the spring and even more fund raising.
 
Authorize Staff to Assist Mara Welton, Chapter President of Slow Foods Vermont, to Apply for Designation for Shelburne as a Cittaslow Community
Bill Smith noted the town been approached before about Slow Foods, but there were no funds in the budget. Now it appears funds will be privately available and the work will have volunteer oversight.
 
Mara Welton, representing the Vermont Chapter of Slow Foods, mentioned the objectives of the international organization based in Italy (good food, clean and fair) and membership in the United States and internationally.  The organization promotes public involvements and events happening in town. Requirements include environmental stewardship, community involvement, technical involvement relative to sustainability and green growth, educating youth on the ways of food and sustainability, and educating the community on how the town is going to grow in the Slow way. Membership fee is $3,800 annually, but the chapter is prepared to raise money (Pay Pal account is already set up for donations).  Assistance from the town is requested in completing the application (information from the town is needed for the application). Benefits to the town by the Slow Foods designation include potential tourism windfall (food tourism is huge and the snail icon of Slow Foods is an attraction), being part of  the international registry, and bringing groups in town looking at the same end goals of sustainability for food products and citizen involvement under a similar umbrella.
 
Tim Pudvar expressed concern about the potential cost of the unknowns and the requirements once the designation is in place. Al Gobeille felt the decision needs to be made by the town as a whole, not by the Selectboard. Gary von Stange spoke in opposition of pursuing the designation because the people of Shelburne should decide how the town will be run and not allow this to be dictated by an organization from Italy.  Mr. von Stange also objected to the item being on the agenda as a decision item because the Selectboard and the public were not adequately informed prior to the meeting.
 
PUBLIC COMMENTS
State Representative, Joan Lenes, mentioned the ‘working landscape’ legislation that was passed which dovetails with many of the principles of Slow Foods. Rep. Lenes urged the Selectboard to look further and more broadly at the proposal. It could be very prestigious for the town to qualify and would bring much to the town. The southern end of town is vineyards, a brewery, and agricultural activity.
 
Roselyn Graham echoed the comments by Rep. Lenes, adding across the state this kind of vision is happening and having Shelburne as a focal point could be very helpful to the town. Shelburne Farms has been practicing many of the principles mentioned for a long time already. The farmers market in town is bringing in good food. The program would be built on a foundation that already exists. The program could be very valuable to everyone and fits with conversations about the Route 7 north area.
 
MOTION by Tim Pudvar, SECOND by Al Gobeille, to table action on the request relative to designation as a “cittaslow community”.
DISCUSSION:  Graham Goldsmith, Jr., who is working with his father on the Shelburne Green project, said the program seems to be in line with the effort in town to link local food producers directly with community members. Also, a number of the program requirements are covered in the town plan so the town decided to go in that direction already. It could be very good and very interesting to have Shelburne be the first east coast town included in the international organization. Al Gobeille thanked Mr. Goldsmith for investing in the town. Mr. Gobeille pointed out the Planning Commission needs to be involved in the decision as do other town committees. The program needs to be vetted against the town plan and town thinking so all agree on what is meant by the words. Joan Lenes asked for clarification of the action of ‘tabling’. Bill Smith said the action means the Selectboard is taking no action on the matter at this time. The chairman can decide when the item will be included on a future agenda. There were no further comments.
VOTING: three ayes, one nay (Gary von Stange); motion carried.
 
Discussion of Town Accepting Ownership of a Portion of Champlain Drive and Pine Haven Shore Road
Bill Smith explained the issue with properties on Pine Haven Shore Road and Champlain Drive (private roads across railroad tracks) and not having access to mortgages due to title search requirements which include a right-of-way from the railroad to cross over the tracks. Getting a right-of-way from the railroad is very onerous. One possible solution is for the town to take over ownership of the roadway on the other side of the railroad tracks provided the road is inspected and meets standards. The railroad and state offered a solution which was too onerous for the property owners and requires insurance per the state and railroad and maintenance of the ‘quiet zone’ crossing. Paul Bohne noted the town had assumed ownership and plowed the 200’ up to the “T” at Pine Haven Shore Lane for many years until finding out the road is privately owned. The road is not in bad shape. Presently the state maintains the quiet zone crossing, but this could change if the road ownership is accepted by the town. Champlain Drive is narrower than Pine Haven Shore Road and is not in as good shape as Pine Haven. The turnaround needs drainage and ditch work. Following further discussion, the consensus of the Selectboard is to have staff continue investigating the matter. Gary von Stange spoke in support of helping the residents of Shelburne impacted by the situation. Tim Pudvar requested information on the cost to upgrade the roads for approval and the incremental increase in maintenance cost for the town.
 
PUBLIC COMMENTS
Rep. Joan Lenes reported the bill addressing properties with a rail crossing on a private road is moving quickly, but because so much information is needed from various parties it is not likely the bill will pass this session. It is recognized situation needs to be solved by the state, the railroad, and the communities, not the individual homeowners; the situation is a statewide issue.
 
Debbie Harris, Champlain Drive, expressed concern about the time for the state to resolve the matter and potential impact on securing title insurance. It is hoped the road will be taken over by the town and the homeowners association needs to know what must be done and the cost so this can happen.
 
Len Hanson, Champlain Drive, mentioned according to Joe Flynn with VTrans the quiet zone crossing maintenance cost was negotiated down from the amount paid to the railroad the previous year.
 
The board agreed to follow the progress of the resolution of this issue currently in the legislature.
 
Consider Request by Jerry Fisher for Relief from Some Portion of Penalty and Interest for Delinquent Property Taxes
Gary von Stange recused himself because he represented some members of the Fisher family in the past. Jerry Fisher explained he became aware of delinquent taxes due on property he inherited after his mother’s death when he was trying to sell the property. The town agreed to subdivision of the lots, but then determined the lots to be nonconforming since the zoning regulations had changed.  Mr. Fisher said he has a buyer for the property, but has had to hire an attorney to help straighten out the matter. Due to the investment in the subdivision plan for the lots as well as legal expenses incurred because the town changed its position relief is sought for some portion of the delinquent taxes due. Bill Smith noted principal, interest, and penalty are due on the property and the majority of the delinquency is prior to when the property was being sold. In the last year, $1,100 has accrued in delinquency.
 
MOTION by Al Gobeille, SECOND by Tim Pudvar, to go into deliberative session and invite the Town Manager to attend. VOTING: unanimous (3-0); motion carried.
 
Deliberative session was convened at 8:43 PM.
 
MOTION by Al Gobeille, SECOND by Tim Pudvar, to adjourn deliberative session and reconvene the regular meeting. VOTING: unanimous (3-0); motion carried.
 
Deliberative session was adjourned and the regular meeting reconvened at 8:51 PM.
 
Bill Smith explained the Selectboard agrees Mr. Fisher benefited from ownership of the property and there is an obligation to pay property taxes in a timely fashion, but there may have been confusion on the ability to transfer some portion of the land and planning and zoning regulations that would have prevented the sale for a period of a year. The penalty and interest accrued over a year time period is $415.99 based on the information received.
 
MOTION by Tim Pudvar, SECOND by Al Gobeille, to waive penalty and interest to be paid by Jerry Fisher for tax year 2010-11 and 2011-12 to equal a total of $415.99. VOTING: unanimous (3-0); motion carried.
 
Gary von Stange returned to the Selectboard.
 
Authorize Town Manager to Execute Three Year Contract for an Auditor of Town Accounts
Finance Director, Peter Frankenburg, summarized the review of four proposals for auditor of town accounts and the recommendation to award the contract to the firm of Love Cody and Co.
 
Al Gobeille mentioned the items noted in the auditor’s management letter from Fothergill Segale. Peter Frankenburg will follow up on the matter.
 
MOTION by Tim Pudvar, SECOND by Al Gobeille, to authorize the Town Manager to execute a one year contract for auditor of town accounts with Love Cody and Co. in the amount of $21,000 in Year 2011-12 with the option for two additional years. VOTING: unanimous (4-0); motion carried.
 
Approval of Liquor and Tobacco Licenses
The Selectboard signed the documents.
 
Selectboard Questions or Comments
Al Gobeille asked for an update on streetlight appeals. Paul Bohne will provide the list of residents who applied for a streetlight and were denied. There were no appeals.
 
Bill Smith mentioned there will be a presentation by Chittenden Solid Waste District on the consolidated collection system at an upcoming Selectboard meeting.
 
9.         EXECUTIVE SESSION and/or ADJOURNMENT
MOTION by Gary von Stange, SECOND by Al Gobeille, to adjourn the meeting. VOTING: unanimous (4-0); motion carried.
 
The meeting was adjourned at 9:06 PM.
 
RScty:MERiordan
 

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

April 24, 2012
 
MEMBERS PRESENT:        Bill Smith (Chairman); Al Gobeille, Gary von Stange, Robert Roesler. (Tim Pudvar was absent.)
ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Finance Director.
OTHERS PRESENT:           Tim Loucks, Kip Roberson, Adam Brooks, Margo Livingston (Shelburne News).
 


1.         CALL TO ORDER
Chairman Bill Smith called the meeting to order at 7 PM.
 
2.         APPROVAL OF AGENDA
Addition: Two Liquor License Renewals.
 
3.         APPROVAL OF MINUTES
April 10, 2012
MOTION by Gary von Stange, SECOND by Al Gobeille, to approve the April 10, 2012 minutes as written. VOTING: 3 ayes, one abstention (Robert Roesler); motion carried.
 
4.         CITIZEN PARTICIPATION
There were no comments from the public at this point in time.
 
5.         ANNOUNCEMENTS
Incidents of Rabid Animals in Shelburne
Residents are warned of the possibility of rabid skunks in the area. There has been report of three encounters, two involving a dog and one involving pigs in a penned area. Contact the police if an animal behaving out of the ordinary is seen.
 
2012 Walk/Bike Summit Award
The ongoing effort by the town and the Bike/Ped Path Committee was recognized by the recently received award from the 2012 Walk/Bike Summit.
 
6.         MANAGER’S REPORT
Town Manager, Paul Bohne, reported on the following:
  • ECI is prepping the bike/ped. path area by the pump station on Webster Road for paving. All work must be complete by June 1, 2012.
  • Green Mountain Power has transferred the major lines from the poles that will be moved on Harbor Road. Transformers and connections to the houses still have to be done. It is hoped the work will be done and the poles moved by mid-May so the sidewalk can be installed.
  • Route 7 paving from Charlotte to I-89 in South Burlington will be done July and August. Bids are to be opened May 7th. The town will work through traffic control issues with VTrans. As part of the project a new crosswalk with proper ramps and pedestrian signals will be installed on the north section of the Harbor Rd./Falls Rd//Route 7 intersections. In addition there will be bike lanes on both sides of Route 7 from Ark Veterinary to beyond the former entrance to the Shelburne Museum.
 
7.         OLD BUSINESS
Discussion of Topics for Selectboard Retreat on May 5, 2012
The following topics for discussion at the retreat were suggested:
  • Moving forward with “form based zoning” and potential budget implications. The Planning Commission and Town Planner will be invited to the retreat to discuss the matter.
  • Community outreach to Hinesburg regarding Shelburne-Hinesburg Road (Falls Road) and how to improve safety for students traveling the road without the burden falling exclusively on Hinesburg. (Hinesburg should not have to bear all the burden of having a regional high school in their town.)
  • Capital Plan and review of projects such as the town center plan and loop road. The Planning Commission will be invited to provide input.
  • Regionalization of police services by sharing services with Hinesburg and Charlotte.
  • Discussion of a 20 year plan for Shelburne.
  • Continued planning for the Route 7 area.
  • Continued discussion of the town plan update.
  • Economic/fiscal goals and potential future budget items.
 
8.         NEW BUSINESS
Library Update
Kip Roberson, Pierson Library Director, gave a brief update on the library building project. A feasibility study will be done to determine if the library can raise the funds necessary for the building addition. Mr. Roberson mentioned several applications were received for two vacancies on the library board. Marleen Moore is requesting reappointment. Carolyn Sicama is not requesting reappoint. Thanks were extended to Carolyn Sicama for her service on the board.
 
Appointment of Adam Brooks to the Library Board of Trustees for a Three Year Term
Adam Brooks briefly explained his interest in serving the community as a member of the library board.
 
MOTION by Al Gobeille, SECOND by Robert Roesler, to appoint Adam Brooks to the Library Board of Trustees for a three year term.
DISCUSSION: Positive comment was made on the qualifications of all the candidates who applied for the board position.
VOTING: unanimous (4-0); motion carried.
 
Appointment of Marleen Moore to the Library Board of Trustees for a Three Year Term
MOTION by Al Gobeille, SECOND by Gary von Stange, to appoint Marleen Moore to the Library Board of Trustees for a three year term. VOTING: unanimous (4-0); motion carried.
 
Approve Changes to 2012 Certificate of Highway Mileage
Paul Bohne reported due to the determination of the St. George/Shelburne town boundary issue, Shelburne will lose .016 mile of state highway (Route 116) and gain .03 mile of Class 2 highway (by Dubois & King).
 
MOTION by Al Gobeille, SECOND by Robert Roesler, to approve the changes to the 2012 Certificate of Highway Mileage as outlined (loss of .016 mile of state highway (Route 116) and gain of .03 mile of Class 2 highway). VOTING: unanimous (4-0); motion carried.
 
Report/Discuss First Three-Quarters of the Town’s General Fund Activities
Finance Director, Peter Frankenburg, reported overall the budget is in good shape. Debt costs are on track and revenues are looking positive. In brief, the budget status is as follows:
  • Tax revenues are on target.
  • There is a $14,000 reduction due to appeals and abatements.
  • Delinquencies are about 1.5% or less of total billings.
  • Recording fees are ahead of budget.
  • Police enforcement revenues are on track.
  • Other police revenues (grants) are offset by expenses. Costs of special enforcement details are fully covered.
  • The $45,000 highway paving grant was not received this year so the road maintenance schedule will be correspondingly adjusted.
  • Investment income is below budget due to low interest rates.
  • Hold harmless payment for Current Use is $16,000 over budget due to additional properties in the program.
  • Utility expenses are on track.
  • Heating expense is below budget.
  • Technical assistance will exceed the budget due to work done on drainage for the baseball field and the site plan for the town center.
  • Insurance expense is over budget (premium costs are over by $5,000 to $10,000, but claims are as expected).
  • Overtime in police and dispatch is ahead of budget due to staffing, training of new employees, and general workload.
  • Fire department equipment expenses are over budget due to maintenance and gear for additional volunteers.
  • Road salt use was down for the year resulting in a savings.
  • Under benefits and health insurance costs, the new health insurance plan offered by the town has a higher deductible, but the premium is lower. There is a health reimbursement component. It is anticipated that overall health insurance costs will be on track.
  • The new dental plan is resulting in a savings.
  • Completed capital projects include the Longmeadow storm water project, resealing the gym floor in the town center building, installation of the lift at the library, purchase of fire department air packs, and the beach playground.
  • Challenges include the Wake Robin tax appeal (Wake Robin is the town’s largest taxpayer), stabilization of a section of Harbor Road (may need to reprogram and seek additional FEMA funding; the pros and cons are being researched of rebuilding the roadbed in the town right-of-way versus stabilizing the bank outside the right of way, which would involve  neighboring property), replacement of the fire station roof and adding energy improvements to the building.
 
There was discussion of check signing authority and reconciliation of the town’s checking and savings accounts (Town Treasurer, Assistant Town Treasurer and Finance Director [for ACH transactions] positions are authorized signers; the Town Clerk and Finance Director positions reconcile accounts). The Selectboard had concern that the Town Treasurer position issues authorization to sign checks, is an authorized signer, and reconciles accounts. Peter Frankenburg added it appears some banks allow an account to be opened using the town’s tax id number without authorization by the Treasurer. The fire department, rescue, and library have their own accounts with authorized signers. Peter Frankenburg will investigate who reconciles these accounts.
 
Peter Frankenburg briefed the Selectboard on staff’s response to the six recommendations in the January 31, 2012 Management Letter from the auditor as follows:
Ø  Library accounting – Peter will meet with the Library Trustees to discuss procedures including monthly reconciliation of the library checkbook and a copy of the statement sent to the Town Treasurer.
Ø  Ambulance Receivables – The town contracts with an outside vendor to do the transport billings.  Payments are sent directly to the Town.  Billings and payments will be tracked on the town’s accounting system on a monthly basis.  Write-offs will be reviewed by Shelburne Rescue’s officers.
Ø  Accounts Receivables tracking – all receivables will be brought into the town’s accounting system and tracked.
Ø  Leave Time tracking – currently, each employee’s leave time is entered and tracked on an Excel worksheet. Staff continues to explore incorporating leave time tracking into the payroll process.
Ø  Police Special Duty Billings and Receivables – billings and receivables will be tracked on an ongoing basis in the town’s accounting system.
Ø  Special Revenue, Capital Projects, and Fiduciary Accounting – there are a number of bank accounts set up by the town. Consolidation will be done where possible.
 
Approval of Liquor and Tobacco Licenses
The Selectboard signed the documents.
 
Selectboard Questions or Comments
None.
 
9.         EXECUTIVE SESSION and/or ADJOURNMENT
MOTION by Al Gobeille, SECOND by Robert Roesler, to adjourn the regular meeting and convene Executive Session to discuss a personnel matter where premature public knowledge would place the Town of Shelburne at a substantial disadvantage, and to invite the Town Manager to attend. VOTING: unanimous (4-0); motion carried.
 
The regular meeting was adjourned and Executive Session convened at 7:56 PM.
 
The Board exited Executive Session at 8:15 PM.
MOTION by Robert Roesler, SECOND by Gary von Stange, to adjourn.   VOTING:  unanimous (4-0); motion carried and the meeting adjourned at 8:15 PM.
 
 
RScty:MERiordan
 
 
Accepted,
 
 
For the Selectboard

January 2012

February 2012

March - 2012

April 2012

May 2012

June 2012

July 2012

August 2012

September 2012

October 2012

November 2012

December 2012







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


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