Selectboard Meeting Minutes

TOWN OF SHELBURNE
SELECTBOARD MEETING MINUTES
 DECEMBER 10, 2002

MEMBERS PRESENT: Ken Albert, Chairperson; Steve Dates, Steve Good, Norm Silcox, George Faris.

STAFF PRESENT: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer.

OTHERS PRESENT: David Hillman, Dick Reid, Jim Dudley, Craig Wooster, Lynn Carlson, Judy Raven, Bill White. Susan Davis (Shelburne News).

EXECUTIVE SESSION The Selectboard entered Executive Session at 6:30 p.m. for the purpose of discussing contract matters where premature knowledge would place the Town at a substantial disadvantage. The Town Manager was invited to attend. Executive Session was adjourned at 7:15 p.m.

1. CALL TO ORDER Mr. Albert, Chairperson, called the regular meeting to order at 7:16 p.m.

2. APPROVAL OF AGENDA Added: Post Master Discussion to Agenda Item #9.

3. CITIZEN PARTICIPATION Mr. Hillman, resident, asked if the Lake Champlain Housing Development Corporation’s Noonan House project would not proceed if the $19,000 was not allocated to the project. Mr. Dates reviewed that granting agencies looked at how towns supported grant applications. The funds were approved for the “disposition” of the Noonan House at the last March Town Meeting. The $19,000 was funded through taxes. Mr. Hillman expressed concern that the Noonan House project was presented to the taxpayers as a “no cost option to the taxpayer”, which now appeared as false advertising. Mr. Dates said that if the Noonan House is not developed, then the $19,000 would be spent to tear it down. The vote was non-binding to give the Selectboard direction regarding the Noonan House. At the time of the LCHDC vote, the Board was unaware that the $19,000 was included as a commitment in the grant application. Mr. Albert pointed out LCHDC would pay property taxes on the Noonan House building. Negotiations were on-going with LCHDC. Mr. Hillman asked if the lease negotiations included an opportunity for public input. Mr. Albert assured any decision would include public debate and input. Mr. Bohne noted that the proposed Noonan House project was going through the Act 250 permit process and it could be spring before any action was taken.

4. APPROVAL FOR GRANT APPLCATION TO RE-INSTALL FRONT WINDOWS IN THE PIERSON BUILDING Ms. Raven, Shelburne Craft School Director, explained that a Division of the Agency of Historical Preservation grant would restore an important architectural detail to the Pierson building. The grant, a total of $6,000 (match of $3,000), was for design and installation. If the Town could not provide the match, then the school would provide funds. Also, the school was requesting assistance in locating a photograph of the original front of the building and the windows. The project has not as yet been discussed with the Shelburne Historical Society. Mr. White asked if the Town would be liable for costs if the grant application was not successful. Ms. Raven replied that the funds would come from a different grantor in that case. Mr. Dates suggested that a Town representative assist in the project design as oversight. Mr. Bohne said the building was a Town building and the grant would require Selectboard approval to grant the Town Manager authority to manage the grant. MOTION by Mr. Silcox, seconded by Mr. Dates, to grant authority for the Shelburne Town Manager to administer a Division of Agency of Historical Preservation grant to design and re-install windows to the front of the Pierson Building. VOTE: unanimous; motion carried.

5. CAPITAL BUDGET DISCUSSION Mr. Bohne stated the draft Capital Budget was included in the Selectboard packet. Issues included a proposed Fire/Rescue building projected into the future. Fire Chief Wooster and Rescue Squad Chief Carlson appeared before the Selectboard to review response time services impacted by Town growth. The Fire/Rescue building was currently centered in Town, and either a joint or separate sites were proposed. A site location for a new station has not been identified. Growth due to developments such as Forest Park, Rice Woods, and the Route 7 improvement project were impacting the Town. There was discussion regarding the difficulty recruiting volunteer day coverage, volunteer departments versus paid personnel, future structures and locations, purchase of a ladder truck in FY08/09, current building practices (truss design) that would not handle current fire fighting methods, and potential Route 7 widening project median impacts on fire trucks. Mr. Dates suggested that if the proposed projects were driven by town growth, then a funding source might include impact fees. The projects must be included in the Capital Plan. Chief Wooster explained that details of a proposed future station were not worked out yet. The department could research justifications for additional station space related to growth and construction types. Chief Wooster said that currently three towns shared use of a ladder truck. Mr. Silcox suggested that remuneration for sharing help and equipment should be considered. Chief Carlson said there were currently joint fire fighters/rescue personnel and she would like to see a joint building. Mr. Good suggested giving a 10 percent tax discount for volunteer personnel. Mr. Good asked for an update regarding Medicaid billing. Chief Carlson reported that both Medicaid and Medicare numbers were received and funds were slowly coming in. One-third of rescue calls were fueled by two new senior centers. Mr. Frankenburg noted that billing fees would pay for a proposed second ambulance. Chief Wooster reviewed new grants available for equipment and apparatus training. A Fire Department plan would be presented next month. Mr. Frankenburg reviewed the Route 7 water line relocation project funding in FY03/04 estimated at $1.5 million. Highway projects included chip sealing Pond Road over a two year time frame, replacement next spring of the Wake Robin water tank at a cost of $15,000, a self-supporting $350,000 bond for the Wastewater Treatment Plant, a five-year renewable note for a salt shed and on-going discussions regarding land that the salt shed sits on (land is not owned by the Town), and a proposed bond for recreation playing fields (will be presented at the March Town Meeting). Mr. White asked if the curve and banking on Pond Road would be corrected. Mr. Bohne explained that the road would be regraded and material added.

6. REPORT ON PROGRESS OF CONSTRUCTION OF THE TI-HAUL TRAIL Mr. Bohne reviewed that rain and erosion damage to the Ti-Haul Trail had been cleaned and repaired by the contractor. No report was forwarded from the Department of Environmental and Wetlands Department. The engineering report indicated the culverts had sufficient capacity for water flow. A change order for rolled stone for the trail bed was not priced. Funding for landscaping/screening an existing house lot was included in the project budget. Mr. Bohne reviewed a brief history of the Ti-Haul path easement. Sterns and Tiballi would sign over the rights east of the line to the Nature Conservancy. The section would be completed next spring.

7. REQUEST FOR SEWER ALLOCATIONS Mr. Bohne reviewed two requests for sewer allocations, one of which did not require Board action. There was discussion regarding a change in the State of Vermont Sewer Regulations that allows 210 gpd per dwelling versus 120 gpd per bedroom, the effects of the sewer regulation change on Shelburne impact fees and build out of the sewer district, concern that developers might return for increased number of units, and how the Town could defend expansion denial. Mr. Bohne pointed out that the Planning Commission determined phasing and the Town Planner was drafting a build-out plan of the rural area as well as the impact to on-site septic systems. Mr. Faris said that the Zoning Bylaw would govern density, but the rate of build-out could increase. MOTION by Mr. Dates, seconded by Mr. Silcox, to grant Adam Beaudin a sewer allocation of 210 gpd for 805 Bay Road, and further, that the Aid in Expansion payment will be due prior to receiving a building permit using the fee amount in effect at the time of payment. VOTE: unanimous; motion carried.

8. RENEWAL OF $1,000,000 NOTE AT CHITTENDEN BANK FOR SEWER UPGRADES Mr. Frankenburg reviewed a brief history of a $1 million bond authorization for a line of credit to be used for sewer upgrades, dated 12/01/02. The State was asked to amend the loan to include change orders. An amended document would be presented at the next Selectboard meeting. A cash flow issue regarding the collection system upgrade was addressed via a 2 percent loan, which would be invested by the Chittenden Bank at 2.25 percent interest. There would be virtually no cost to the Town. MOTION by Mr. Dates, seconded by Mr. Faris, to approve renewal of a $1 million note at the Chittenden Bank to be used as a line of credit for sewer upgrades as presented. VOTE: unanimous; motion carried.

9. REQUEST FOR WAIVER OF PENALTY ON PROPERTY TAXES MOTION by Mr. Dates, seconded by Mr. Faris, to waive penalty of $143.29 for Charles and Sandra Bearman, 403 Hullcrest Drive, due to special circumstances, and note that Charles and Sandra Bearman have worked out a solution with the Town Manager. VOTE: unanimous; motion carried. MOTION by Mr. Dates, seconded by Mr. Faris, to waive penalty of $243.25 for Mark and Nancy Jaffe, 447 Governor’s Lane. DISCUSSION: Mr. Dates recalled the Board had heard a similar request months ago. Mr. Faris pointed out Ms. Jaffe filed a lost mail report with the Post Office. The letter from the Jaffe’s says payment was removed from their mailbox, but never arrived at the Post Office. Mr. Bohne said that a replacement check was written, but the original check has not arrived. Mr. Faris asked if a check was considered “mailed” when it was put in a mailbox. Mr. Dates explained that the Town accepted a check postmarked with a date of the 15th or earlier. Mr. Silcox reported that a discussion with the Shelburne Post Master revealed mail collected Monday through Friday was processed in Essex Junction and postmarked. Mail collected on Saturday was sent to White River Junction and postmarked the same day. Mail could be hand stamped at the Shelburne Post Office. The Post Master was willing to appear before the Board. VOTE: 3 ayes, 2 nays (Mr. Dates, Mr. Good); motion carried. MOTION by Mr. Dates seconded by Mr. Silcox, to waive penalty for the amount of $568.79 for Daniel and Lisa Levine, 479 Beaver Creek Road. DISCUSSION: Mr. Faris noted that the payment was postmarked on the 16th, White River Junction. Mr. Silcox commented that the correct methods for paying taxes must be clarified at the March Town Meeting. Mr. Albert said a two-tier penalty would be proposed. VOTE: 0 ayes, 5 nays (Albert, Faris, Good, Dates, Silcox); motion failed.

10. CHANGE IN APPLICATION OF PENALTY FOR LATE TAX PAYMENT MOTION by Mr. Albert, seconded by Mr. Silcox, to approve a change in the application of penalty for late tax payment per the Shelburne Financial Officer’s modification assessment as follows: 2% penalty for the first seven days, and 8% after seven days after the due date. DISCUSSION: Mr. Dates commented that problems arose with post-marked dates versus when a payment was received in the Town Office on the date due. A taxpayer could deliver payment to the Town Staff, or place it in a lock box in the Town Office. It was noted if a house mortgage or credit card bill was not paid on time, then a late fee is assessed. Late payments are a cost to the Town. Mr. Frankenburg said that requiring receipt of payments at the Town Offices on or before the due date would be preferable for processing and staff handling. Mr. Albert asked what might happen if payment was mailed from South Carolina two weeks early and arrived late. Mr. Dates noted that remote taxpayers could use auto pay. VOTE: Mr. Albert commented the issue was not so black and white and withdrew the motion. MOTION by Mr. Dates, seconded by Mr. Good, to change Town policy that all property tax bills be due at the Town Offices by midnight on the day due, commencing with the new tax year. Payments received after this deadline would be subject to penalty and interest. DISCUSSION: Mr. Faris noted Mr. Levine wrote in his letter that if the penalty was $300 or 3 cents he would protest. Mr. Bohne said tax bills were out and the policy change should occur in the next payment cycle. Mr. Silcox suggested posting a notice in the Town Office, doing an insert in the Shelburne News and in the tax bill regarding the date when taxes were due. Also, a letter using the Town mailing list could be sent. Mr. Frankenburg suggested a notice on florescent paper inserted with the August tax bill. Mr. Bohne said tax due dates were included in the Town Report. Mr. Good suggested sending a warning now for taxes due in June. CALL THE QUESTION by Mr. Albert. Discussion ceased. VOTE: unanimous; motion carried.

11. APPROVAL OF MINUTES MOTION by Mr. Dates, seconded by Mr. Faris, to approve the minutes of 11/26/02 and 12/05/02 as written. VOTE: unanimous; motion carried.

12. TOWN MANAGER’S REPORT A schedule of proposed budget meetings was included in the Selectboard packet.

13. BOARD MEMBER CONCERNS Mr. Dates asked for an update regarding CCTA budget numbers. Mr. Bohne answered that a formal letter was sent regarding Selectboard concerns. Mr. Silcox said a Selectboard volunteer was needed to attend a Town Office holiday lunch on 12/19/02. The Pierson Library website was on-line.

14. ADJOURNMENT The Chairperson adjourned the meeting at 9:45 p.m.

Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Approved, Kenneth Albert, Chair