Selectboard Meeting Minutes

TOWN OF SHELBURNE SELECTBOARD MINUTES OF MEETING MAY 28, 2002 MEMBERS PRESENT: Ken Albert, Chairman\; Steve Dates, George Faris, Norm Silcox. (Steve Good was absent.) STAFF PRESENT: Paul Bohne, Town Manager\; Peter Frankenburg, Financial Officer. OTHERS PRESENT: Patrick O’Brien, Susan Davis, Shelburne News. 1. EXECUTIVE SESSION/APPOINTMENTS The Board entered Executive Session at 6:33 p.m. for the purpose of discussing contract matters where premature knowledge would place the Town at a substantial disadvantage, and invited the Town Manager to attend. MOTION by Mr. Faris, seconded by Mr. Dates, to leave Executive Session. VOTE: unanimous (4-0)\; motion carried. The Board went out of Executive Session at 7:10 p.m. 2. CALL TO ORDER Mr. Albert, Chairman, called the regular meeting to order at 7:18 p.m. 3. APPROVAL OF AGENDA There were no changes to the agenda. 4. APPROVAL OF MINUTES April 23, 2002 MOTION by Mr. Dates, seconded by Mr. Silcox, to approve the minutes of 04/23/02 as written. VOTE: 3 ayes, 1 abstention (Mr. Faris)\; motion carried. June 26, 2001 MOTION by Mr. Dates, seconded by Mr. Silcox, to approve the minutes of 06/26/01 with the following correction: Page 5, 1st motion - correct the dollar amount to “$33,687.00”. VOTE: 3 ayes, 1 abstention (Mr. Faris)\; motion carried. May 14, 2002 and May 17, 2002 MOTION by Mr. Dates, seconded by Mr. Faris, to approve the minutes of 05/14/02 and 05/17/02 as written. VOTE: 3 ayes, 1 abstention (Mr. Silcox)\; motion carried. 5. CITIZEN PARTICIPATION There were no citizen comments. 6. REVIEW OF REQUEST TO ACCEPT LAND FROM FOREST PARK Mr. Bohne reviewed the Selectboard concerns/questions regarding a donation of land from the Forest Park development including the loss of tax revenue and the cost of maintaining open land. If the Town does not accept the land, then the property will revert to a homeowners association. The Town does not assess homeowners association land so the value would be zero. Mr. Faris asked if a tax assessment on the land would be divided between the number of association members. Mr. Bohne replied the value would increase the tax base of the value of the homes built. Mr. Bohne said that the natural forestland would have very little maintenance. There may be some clearing of downed tress after a storm, for example. The open land would need to be mowed at an estimated cost of $20 per mowing. Mr. Albert read a letter received from Duncan Brown, dated 05/28/02, regarding the O’Brien land offer. Mr. Brown wrote in favor of accepting the land donation. There was discussion of the advantages of accepting the land, such as universal access to the land and greenway, a pocket park at the intersection of Thompson Road/Irish Hill Road, and connecting pathways. There is concern that a policy, or strategy, is not in place for land donations. Utilizing Town committees, such as the Natural Resources and Conservation Committee, as a vehicle to forward recommendations was also mentioned. MOTION by Mr. Faris, seconded by Mr. Silcox, to accept the offer of land from Forest Park development, subject to final approval of federal, state, and Town applicable permits. VOTE: unanimous (4-0)\; motion carried. 7. APPROVE PERFORMANCE ASSESSMENT SYSTEM FOR EMPLOYEES Mr. Bohne reviewed that the goal of a Performance Evaluation would be to base Town salaries on a merit system versus a cost of living based system. A question was how to use and implement a merit base fairly across the board. Gallagher, Flynn and Associates have been engaged to conduct a salary survey on how well Shelburne fits into a county wide salary scale. Staff was recommending that the Selectboard approve the proposed document by June 30th. Mr. Bohne noted a current union contract was one complication. The contract ended in FY03 and staff would negotiate with the union. Staff was exploring budgetary funding to be implemented once the survey was completed. Mr. Bohne introduced David Rathburn and Marti Fiske, Evaluation Team members. There was discussion regarding impacts to the approved Town budget, a one-half percent current merit pay that can be given by supervisors in the contract, establishing a merit salary range that was influenced by other factors, such as service time and education, and the proposed salary survey which should be ready for Selectboard review in mid-June. Mr. Bohne said that a salary survey might have to be conducted yearly. Mr. Dates suggested that July might be better for salary raises. Mr. Bohne said it was clear that the change should be implemented this fiscal year. The survey would exclude seasonal part-time workers. Mr. Faris suggested establishing a base salary and using merit pay to boost the salary rate. Compare Shelburne’s salary rate to other Chittenden County towns, and utilize an incentive program to improve performance. Mr. Bohne pointed out that a merit based system would be phased in the first year. The Selectboard scheduled a meeting on 06/06/02, 8:30 a.m., to review the proposed Evaluation Performance Salary Survey. The Evaluation Team was invited to attend. 8. REQUEST FOR LOAN OF THE SILVER MONTEITH TO THE SHELBURNE MUSEUM MOTION by Mr. Faris, seconded by Mr. Silcox, to authorize the Town Manager to negotiate loan of the Silver Monteith to the Shelburne Museum, and for the Silver Monteith to be cleaned by the Shelburne Museum Conservation staff. DISCUSSION: Mr. Bohne explained the purpose and use of the Silver Monteith which was a gift from the Ninth Earl of Shelburne. The Shelburne Museum will insure the Monteith. VOTE: unanimous (4-0)\; motion carried. 9. BUDGET STATUS REVIEW Mr. Frankenburg, Shelburne Financial Officer, reviewed an end of year balance of $15,000 was projected. Legal fees were over budget due to litigation cases. One-time expenses were a new telephone system and on-line computer systems. Town insurance was converted to the Vermont League of Cities and Towns policy. A final invoice was expected from the previous insurance company. Mr. Faris suggested that staff manage legal fees and consultant expenses closer. Mr. Faris thanked the Financial Officer for his time and explanations. 10. REQUEST FOR RELIEF FROM DELINQUENT TAX PENALTY Taxes were due March 15th. Mr. Albert asked how many taxpayers had requested relief this period. Mr. Silcox replied three or four taxpayers so far. Mr. Bohne reviewed that the Town Charter allowed the Selectboard to forgive the penalty, but not the interest portion of an assessment. Staff was researching the suggestion by the Selectboard Chairperson regarding a two-tiered assessment, but it was unclear if a prorated assessment could be charged. Mr. Bohne explained that additional information had been requested from Mr. LaGreca and Mr. Mandino. There was no response from Mr. LaGreca. A motion was made by Mr. Faris to waive the penalty for delinquent property taxes in the amount of $90.72 for Jerry LaGreca. Mr. Dates suggested a friendly amendment to the original motion or to table the motion until receiving further information from Mr. LaGreca. There was no second to the original motion. Mr. Faris withdrew the motion. MOTION by Mr. Faris, seconded by Mr. Silcox, to waive the penalty for delinquent property taxes in the amount of $791.02 for Charles and Lyn Bearman. DISCUSSION: Mr. Albert expressed confusion about a letter from Mr. Bearman, dated 04/10/02. Mr. Bohne explained that Mr. Bearman pays property taxes by installments. A penalty was automatically incurred. It is a long standing issue. Mr. Silcox asked if the taxes were paid in full at any point. Mr. Bohne replied that there was a signed agreement. The principal was not paid in full and there were several years of penalties. Mr. Bohne suggested that the Selectboard discuss the issue in Executive Session. VOTE: Prior to the vote, Mr. Faris and Mr. Silcox withdrew the motion. MOTION by Mr. Faris, seconded by Mr. Silcox, to waive the penalty for delinquent property taxes in the amount of $112.48 for Andrew Mandino. DISCUSSION: Mr. Bohne explained that Mr. Mandino had left a voice message regarding a check written the day before taxes were due, but the check has not cleared his bank at this time. VOTE: 0 ayes, 4 nays (Mr. Albert, Mr. Faris, Mr. Silcox, Mr. Dates)\; motion did not carry. Mr. Bohne explained that the Lake Champlain Ferry Company representative could not provide evidence from the U.S. Postal Service that a tax payment had been mailed by March 15th. Mr. Faris asked if Town staff retained taxpayers’ envelopes. Mr. Bohne confirmed this, adding the Ferry Company’s envelope showed a cancellation date of March 17th at the White River Jct. postal facility. The U.S. Postal Service meter stamp on the envelope takes precedence. MOTION by Mr. Faris, seconded by Mr. Silcox, to waive the penalty for delinquent property taxes in the amount of $1,772.84 for the Lake Champlain Ferry Company. DISCUSSION: There was brief discussion of the U.S. Postal Service process, changing Town policy assessment rates to 1% for the first ten days, and postal cancellation dates. AMENDMENT by Mr. Albert, to change the fine to $221.60 which was one-eighth of the $1,772.84 amount. DISCUSSION OF AMENDMENT: Mr. Bohne reviewed that the Town Charter allowed the Selectboard to assess all or part of the penalty. Mr. Silcox urged there be consistency of treatment with all cases, and suggested the original amount of the penalty be charged. Mr. Albert withdrew the amendment. CALL THE QUESTION by Mr. Albert. Discussion ceased. VOTE ON ORIGINAL MOTION: 3 ayes, 1 nay (Mr. Silcox), motion carried. 11. REQUEST FOR EASEMENT TO PLACE CONDUIT CROSSING DEPOT ROAD Mr. Bohne explained that drainage and electrical work required a conduit crossing Depot Road (in the Town right-of-way). MOTION by Mr. Dates, seconded by Mr. Silcox, to grant an easement to place a conduit crossing Depot Road. VOTE: unanimous (4-0)\; motion carried. 12. APPROVE APPLICATION FOR REVOLVING LOAN FUNDS – Sewer Pump Construction) Mr. Albert reviewed that funds were authorized in a sewer bond vote five years ago. The sewer pump construction loan amount was $1.575 million. The revolving loan program was the same as a bond, but at zero interest. MOTION by Mr. Silcox, seconded by Mr. Dates, to approve the application for revolving loan funds for the amount of $1.575 million for the sewer pump construction. VOTE: unanimous (4-0)\; motion carried. The Selectboard signed the loan application. 13. APPOINTMENT TO MPO TRANSPORTATION ADVISORY COMMITTEE MOTION by Mr. Faris, seconded by Mr. Dates, to appoint Dean Pierce, Town Planner, as the Shelburne MPO Transportation Advisory Committee representative, and the Town Manager as the Alternate Shelburne MPO Transportation Advisory Committee representative. VOTE: unanimous (4-0)\; motion carried. 14. TOWN MANAGER’S REPORT Mr. Bohne reported on the following: · Five bids were expected for the Pierson Building project, but only one bid was received. The bid was double the estimated budget. Staff is re-working the scope of work and budget. Options were to re-bid the project with a new scope of work or hire a construction manager. Project items that could be postponed included re-roofing the main roof, exterior painting, reducing the ventilation systems, and eliminating a new entrance. There was discussion of bidding the project in two parts ($130,000 in FY02/03 and $30,000 in FY03/04). Mr. Dates suggested continuing discussion via E-mail. 15. BOARD MEMBER CONCERNS Mr. Dates noted that Schedule S-2 was missing from the Educational Impact Fee proposal. Mr. Frankenburg said that the proposed Educational Impact Fee schedule was not designed to be competitive with other towns. The Educational Impact Fee schedule was connected to the School Capital project. Adjustments could be done at the next Selectboard meeting. Mr. Silcox suggested soliciting support from the School Board. Mr. Albert suggested inviting the School Board to the next meeting for a statement of support. Mr. Faris stated Census 2000 data on Shelburne was e-mailed to Selectboard members. Mr. Faris asked for a consensus from the Selectboard regarding a position on the Champlain Flyer commuter train. Mr. Albert noted that the Shelburne MPO representative supported the train and the project benefited Shelburne. Shelburne Representative, George Schiavone, who was trying to derail the train, should be contacted regarding the Champlain Flyer, said Mr. Albert. Mr. Faris noted that the CCMPO and the RPC would be merging offices. Mr. Bohne reported that plans for the Shelburne Bay fishing access have been received from the Fish and Wildlife Department. A public hearing would be scheduled at the 06/11/02 Selectboard meeting. The project was scheduled to start August or September at no cost to the Town. 16. EXECUTIVE SESSION MOTION by Mr. Dates, seconded by Mr. Silcox, to enter Executive Session for the purpose of discussing contract matters where premature knowledge would place the Town at a substantial disadvantage, and invite the Town Manager to attend. VOTE: unanimous (4-0)\; motion carried. The Board entered Executive Session at 9:17 p.m. MOTION by Mr. Faris, seconded by Mr. Silcox, to go out of Executive Session. VOTE: unanimous (4-0)\; motion carried. The Board went out of Executive Session at 9:57 p.m. 17. ADJOURN The meeting was adjourned at 9:58 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Approved, Kenneth Albert Chairman