    |
  |
        |
|
|
September 2006MINUTES 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 September 12, 2006 MEMBERS PRESENT: Chris Neme, Chairperson; Jim Talley, Chris Boyd, Jane McKnight, Robert Roesler. ADMINISTRATION: Paul Bohne, Town Manager; Town Planner, Dean Pierce. OTHERS PRESENT: Boy Scout Troop 602, Rick Peterson, Chris Cole, Dave Davis, Carol Boyd, Sean MacFadden, Michael Major, Devin Major, Ethan Mick, Ryan Mills, Terry McKnight, Sue Mills, Chris Preston (Shelburne News), and others. 1. CALL TO ORDER Mr. Neme, Chairperson, called the meeting to order at 7:08 p.m. 2. CHANGES TO AGENDA Add: under Item #3 - Pond Road discussion. 3. CITIZEN PARTICIPATION Boy Scout Merit Badge Ms. McKnight introduced members of Boy Scout Troop 602, noting troop members are working on their Citizenship Merit Badge. Pond Road Mr. Neme gave a brief history of alleged violation of the Planning Commission’s condition of approval related to tree cutting on a lot owned by Mr. Boehland on Pond Road, and results of the Zoning Board of Adjustment hearing regarding appeal by the Town of Shelburne (the appeal was denied). The Town has since adopted a policy to be exact in language and to maintain a clear paper trail of town documents. 4. CONTINUED PUBLIC HEARING TO CONSIDER THE APPROVAL OF THE TOWN PLAN Mr. Neme stated Volume I and Volume II of the draft Town Plan is posted on the Town website. The Selectboard reviewed comments/recommendations regarding draft language in the Town Plan update as follows: Volume I:
Volume II: · Updated information on bike/pedestrian planning will be added and updated information regarding Fire/Rescue will be downloaded from the Fire/Rescue Department website. The Selectboard thanked Dean Pierce (Town Planner) and Rick Peterson (Planning Commission Chairman) for their efforts on behalf of the Town. MOTION by Mr. Roesler, seconded by Mr. Talley, to remand the draft Town Plan to the Planning Commission for review and/or revision, and to close the public hearing. VOTE: unanimous (5-0); motion carried. 5. CONSIDER AMENDING CCTA’S ASSESSMENT FORMULA Chris Cole, CCTA General Manager, and Dave Davis, CCTA Board Chair, reviewed the fixed route assessment proposal to shift the assessment formula from a mileage formula to a driver pay per hour formula that includes a new fifth category (free fare service). There was discussion of the existing Shelburne service (it was noted buses wait at the Mobil Station, then return to Burlington), new service starts funded with a three-year CMAQ grant that requires 20% local match, more efficient use of resources (will not generate increased revenue), and cost assessment to Shelburne relative to fixed routes. Mr. Cole explained if the CCTA Board determines increased fixed route costs are needed, then that increase will be equally assessed across member towns. Mr. Cole stated any new service added as a three-year CMAQ project will move into the fixed route assessment after the grant funding ends and will be measured by the proposed hour assessment. Town’s can elect to cut back service. The local share calculation is determined at 24% of $65/service hour. Ms. McKnight asked for clarification of Section 7.c, replacement that refers to 1.b.1 as 10 hours, or 10 percent of $35,000 ($3,450), which could be cut from Shelburne service without major changes (to service). Mr. Cole explained two bus runs out of the 14 runs to Shelburne equal 10 hours. The change to driver pay hours allows for more service (for Shelburne). Mr. Talley asked about checks/balances to make sure towns have representation on the CCTA Board. Mr. Cole stated CCTA Board members are appointed, and it is unlikely a member will be appointed if they do not represent the member town well. Mr. Cole explained the fare free route change that applies to the College Street shuttle. Burlington will pay the 24% cost for the route, and twenty-five percent ($100,000) of that route cost will be off-loaded over a number of years. Ms. McKnight asked if the buses currently waiting at the Mobil Station could make extra runs to the Teddy Bear Factory. Mr. Cole said CCTA will review the routes to see if runs can be shifted. Ms. McKnight asked for clarification about the process to withdraw from service with a one-year notice, and if a member town is responsible for paying for that year. Mr. Cole stated CCTA will work with member towns to negotiate an equitable assessment. CCTA will send Shelburne a letter tracking driver hour assessment with minor service changes for review. MOTION by Ms. McKnight, seconded by Mr. Roesler, to approve the amendment to the CCTA charter language, Section 7.c, as presented. DISCUSSION: Ms. McKnight said concerns were addressed over many CCTA Board discussions, meetings, and reviews. Mr. Boyd requested the CCTA Board notify all member towns of any changes. Mr. Cole felt the CCTA Board should make a policy to notify member towns of changes. There are no objections to sending a notice. Any changes will have to be reviewed by the CCTA Board for approval and then returned to member towns for adoption. VOTE: unanimous (5-0); motion carried. 6. CONSIDER APPEAL BY PATRICIA YOUNG OF THE PENALTY FOR FILING A LATE HOMESTEAD DECLARATION MOTION by Mr. Talley, seconded by Mr. Roesler, to waive the one percent late penalty for filing a late Homestead Declaration, HS131, by Patricia Young, 42 Pinehurst Lane, as presented. VOTE: unanimous (5-0); motion carried. 7. CONSIDER REQUEST BY MAGGIE SMITH FOR RELIEF FROM PENALTY FOR LATE PAYMENT OF TAXES MOTION by Mr. Roesler, seconded by Ms. McKnight, to approve the request by Maggie Smith for relief from penalty for late payment of real estate property taxes as presented. VOTE: 0 ayes, 5 nays (Neme, Talley, Boyd, McKnight, Roesler); motion did not carry. 8. CONSIDER RENEWING SEWER BOND ANTICIPATION NOTE WITH THE CHITTENDEN BANK IN THE PRINCIPAL AMOUNT OF $300,000 FOR ONE YEAR AT AN INTEREST RATE OF 3.95 PERCENT MOTION by Mr. Roesler, seconded by Mr. Boyd, to renew the Sewer Bond Anticipation Note at the Chittenden Bank in the principal amount of $300,000 for one year at an interest rate of 3.95 percent as presented. VOTE: unanimous (5-0); motion carried. The Selectboard signed the necessary documentation. 9. CONSDIER SETTING THE INTEREST RATE FOR LATE PAYMENT OF PROPERTY TAXES FOR THE 2006-07 FISCAL YEAR MOTION by Mr. Talley, seconded by Mr. Boyd, to set the interest rate for late payment of property taxes for the 2006-2007 fiscal year at 1.5 percent after the first 30 days of delinquency as presented. DISCUSSION: Ms. McKnight expressed concern that adding a compounded interest rate of 18 percent could cause a liability to snowball where (a taxpayer) could not get out from under the debt. Mr. Talley said that 18 percent does not accumulate except after many months. There is ample time for the taxpayer to discuss the matter with the town. Mr. Bohne clarified the Board cannot stop the interest clock, but staff does work with the taxpayer on payment plans. Mr. Talley pointed out the interest rate has been set at 1.5 percent for a long time and is common. Mr. Neme said he could support a one-percent rate. Mr. Boyd noted there is a month grace period to ease the burden on the taxpayer. Mr. Bohne pointed out state statute governs what the town can do. Ms. McKnight attempted to amend the motion, but the amendment was not supported. CALL THE QUESTION by Mr. Neme. Discussion ceased. VOTE: 4 ayes, 1 nay (Ms. McKnight); motion carried. 10. CONSIDER APPROVAL OF LICENSE TO ALLOW GREEN MOUNTAIN POWER COMPANY TO LOCATE A POLE ON BARSTOW ROAD TO SERVE THE KELLYVIEW DEVELOPMENT Mr. Bohne explained the need for a power pole placement on Barstow Road to avoid an existing wetland. The power line will be underground in the development. MOTION by Mr. Roesler, seconded by Mr. Talley, to approve the license to allow Green Mountain Power Company to locate a pole on Barstow Road to serve the Kellyview development. VOTE: unanimous (5-0); motion carried. The Selectboard signed the necessary documentation. 11. CONSDIER AUTHORIZING THE MANAGER TO SIGN THE COOPERATIVE AGREEMENT WITH THE AGENCY OF TRANSPORTATION FOR CONSTRUCTION OF THE ROUTE 7 SIDEWALK MOTION by Mr. Boyd, seconded by Ms. McKnight, to authorize the Shelburne Town Manager to execute a cooperative agreement with the Agency of Transportation for construction of the Route 7 sidewalk as presented. VOTE: unanimous (5-0); motion carried. 12. CONSIDER AUTHORIZING STAFF TO APPLY FOR RENEWAL OF THE VILLAGE DESIGNATION STATUS Dean Pierce provided copies of a benefits summary to reduce the tax on income producing properties in the Village Center as shown on the state tax map. Mr. Pierce reviewed the process for designation as a historic village core. A letter has been drafted to help get the word out. Mr. Talley suggested adding the Shelburne Museum property. Mr. Pierce replied that properties must be income producing. MOTION by Mr. Talley seconded by Mr. Roesler, to authorize the Town of Shelburne to seek designation of the same historic village core area as previously designated for another three year period. VOTE: unanimous (5-0); motion carried. 13. CONSIDER AUTHORIZING STAFF TO APPLY FOR A MUNICIPAL PLANNING GRANT FOR CONTINUED WORK ON THE ZONING BYLAWS MOTION by Mr. Roesler, seconded by Mr. Boyd, to authorize staff to apply for a municipal planning grant for continued work on the zoning bylaws as presented. VOTE: unanimous (5-0); motion carried. The Selectboard signed the necessary documentation. 14. CONSIDER APPROVING THE MINUTES OF 07/25/02 and 08/08/2006 July 25, 2006 MOTION by Mr. Roesler, seconded by Mr. Talley, to approve the minutes of 07/25/2006 with the following addition: Page 2, Fencing - add “…on the corner of Farmstead Road…”. VOTE: unanimous (5-0); motion carried. August 8, 2006 MOTION by Mr. Talley, seconded by Mr. Boyd, to approve the minutes of 08/08/2006 with corrections/additions as submitted by the Town Planner. VOTE: unanimous (5-0); motion carried. 15. MANAGER’S REPORT Mr. Bohne reported on the following items: · The state conducted a Wastewater Treatment plant inspection. Minor issues noted, but the state extended kudos to Town staff. · The state project to upgrade the Falls Road/Harbor Road/Route 7 traffic light signalization would have no cost to the Town. · The Hullcrest Park project is complete. A meeting will be scheduled to gather residential feedback next week. Re-dedication of the park is planned for the first week in October to thank the residents for their patience. Mr. Neme suggested using money from the Selectboard Discretionary Fund for refreshments at the re-dedication. · The Public Works Director did an on-site inspection of sight distances at the Farmstead/Webster roads intersection. The report will be forwarded to the Selectboard by 09/26/06. · There are two vacancies to be filled, one on the Shelburne Natural Resources and Conservation Commission and one on the CCRPC. Advertisements were published in The Shelburne News. 16. MEMBERS CONCERNS Mr. Boyd noted that there were several road-paving projects in town over the summer, but no shoulder work was done. Mr. Bohne said staff will check on the status of the shoulder work. Mr. Boyd asked if the Town will pursue the issue with the Shelburne Athletic Club (rusting of the powder coating on the screening). Mr. Bohne explained the screening is not galvanized steel. The Town has contacted the athletic club and the screening will be re-coated. What is seen is the primer. Selectboard Retreat scheduled for Saturday, November 4, 2006, beginning 8 a.m. until Noon. Ms. McKnight suggested hiring an intern using grant funding to research any ancient roads in Shelburne. Mr. Bohne stated at this point there are no ancient roads in Shelburne to identify on the State Road Map. Ms. McKnight asked for an update on the status of the Bayview Estates town park. Mr. Bohne explained that no solution is set at this time. Letters were sent out to the Bayview and Bay Road residents, and staff has contacted the attorney for the original developer(s). Tim Eustace, Town Attorney, is handling the matter. 17. ADJOURNMENT MOTION by Mr. Boyd, seconded by Mr. Roesler, to adjourn the meeting. VOTE: unanimous (5-0); motion carried. The meeting was adjourned at 10:35 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Accepted, Chris Neme, Chair Shelburne Selectboard
TOWN OF SHELBURNE SELECTBOARD MINUTES OF MEETINGSEPTEMBER 26, 2006 MEMBERS PRESENT: Chris Neme, Chairperson; Jim Talley, Jane McKnight, Robert Roesler. (Absent: Chris Boyd) ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Public Works Director, Bernie Gagnon. OTHERS PRESENT: John Macy, Jim Costallo, Jeff Martin, Sarah Wilson, Robin Jeffers, Paul Michaels, Joanne Limanek, Chris Preston (Shelburne News), Ashley Matthews (Burlington Free Press), and others. 1. CALL TO ORDER Mr. Neme, Chairperson, called the meeting to order at 7:07 p.m. 2. CHANGES TO AGENDA Added to Agenda: Item #7 - Waiver of Penalty request by Larry and Jan Sudbay. 3. CITIZEN PARTICIPATION None. 4. PRESENTATION OF ANALYSIS OF SIGHT DISTANCES AT THE INTERSECTION OF FARMSTEAD DRIVE/WEBSTER ROAD Mr. Neme briefly reviewed neighborhood concerns related to safety issues at the intersection of Farmstead Drive and Webster Road. Bernie Gagnon, Shelburne Public Works Director, reviewed his memo to the Selectboard, dated 9/22/06, regarding sight distances exiting Farmstead Drive onto Webster Road. Current VTrans standard for sight distance is 385’ in each direction. The posted speed limit is 35 mph on Webster Road. The sight distance is 210’ turning right, which does not meet VTrans or AASHTO standards. The stopping distance is 250’ on wet pavement. Other issues concerned sight obstructions looking east along Webster Road that include shrubbery and tree trunks. Mr. Bohne noted that a speed study done in April, 2006 indicated 10% of drivers traveling on Webster Road exceeded the 35 mph limit. Speed limits are enforced on Webster Road as much as any other road in Shelburne. Review of road accidents in the past six years revealed no accidents on Webster Road. There was lengthy discussion of the shrubbery (shrubs were planted by the property owner) and the mature locust trees with branches tangled in the overhead transmission lines, the recommendation to trim the trees and shrubs as a short term solution, and reducing the speed limit, filling in the dip, speed enforcement, and the potential of relocating Farmstead Drive farther north into the field to improve sight distance. Mr. Gagnon pointed out the expense to move a road, conceding this could be a better alternative than construction (to remove the dip) in a major roadway. Also, if the Farmstead entrance is moved, a right angle would be created which is not an optimum solution. There are storm drains, sewer, water, and gas lines that serve the development. Relocation of the utilities will increase the cost of road relocation. Staff will look at an analysis of removing the Webster Road dip. JoAnne Limanck, Farmstead resident, said the shrubs were planted by the property owner (of the yellow house on the corner). Enough space between the plants and the road was left for a bike path. Jim Costello, Farmstead resident, asked about slowing cars down with a stop sign. Mr. Bohne explained that a consultant hired a year ago said lowering the speed limit would not make a difference. People will go at a speed comfortable for them. Enforcement is the only way to control speeding. Mr. Neme asked about traffic calming. Mr. Gagnon said traffic calming measures, such as speed bumps, cause safety and noise issues on a 40-35 mph road. Mr. Bohne explained methods to narrow a roadway by squeezing the width to 11’ versus a 14’ wide travel way. Bulb-outs are another method to narrow a roadway. Ms. McKnight suggested an island or planted median. Ms. Limanck explained that her newly licensed 17-year old daughter had a near miss at the intersection recently and spoke in favor of an island or narrowing the travel way. Jeff Martin, Farmstead resident, stated the school bus goes through the neighborhood twice a day. Visitors drive through and are not as alert as residents to vehicles in the dip in the road. There may be an advantage to adding a yellow flashing caution light. Better police monitoring of speeds on Webster Road is also encouraged. John Macy, Farmstead resident, stated truck brakes are audible on trucks coming down the hill and the dip in the road is a problem. Slowing down vehicles is a good idea. The speed limit cart should be posted going down the hill. Mr. Bohne reviewed police enforcement on Shelburne roads, which does result in slowing cars down. Staff can do a cost analysis of the other suggestions. Mr. Macy suggested coordinating a traffic solution with the potential construction of a bike/pedestrian path. 5. CONSIDER REQUEST FROM TWO NEIGHBORS FOR TOWN TO SELL A PORTION (+/-10,000 S. F.) OF TOWN OWNED LAND FRONTING BAY ROAD BETWEEN 485 AND 499 BAY ROAD Mr. Bohne briefly reviewed the history of the Paul Michaels property and the request by Mr. Michaels to purchase a portion of a town owned park. Robin Jeffers, also a property abutter to the park, had requested to purchase a portion of the park as well. A sewer easement goes through the park from Bay Road to Bayview. The original developers (Art Shields and Richard Colton) were contacted and they felt at the time there was some coercion on the part of the Planning Commission to give land for a park in order to receive permits for the development. The developers feel they should be compensated if the town sells the land. A survey of the neighborhoods regarding support for the sale of the land or improvement of the park was conducted, stated Mr. Bohne. Mr. Talley said his opinion has not changed regarding concerns of setting a precedent by selling town owned land and how the town acquired the land. An easement could be granted to allow Mr. Michaels reasonable access to his property, but the Town should still maintain title to the land. Ms. McKnight affirmed the land was accepted for “park purposes” from the developers. Another issue is improvement of the land. Staff and the Selectboard have spent a lot of time studying the matter. Mr. Roesler stated staff needs to ensure the developers will not demand payment if the town enters negotiations for an easement or sale of the property. Mr. Michaels mentioned he had a property survey done. Three pins have been located. The fourth pin is missing. Mr. Michaels said he has no place to park his car without being on the town land. MOTION by Mr. Talley, seconded by Mr. Roesler, that the Town negotiate an equitable agreement with Paul Michaels and Robin Jeffers to sell a portion of town owned land fronting Bay Road between 485 and 499 Bay Road. VOTE: 0 ayes, 4 nays (Neme, Tally, Roesler, McKnight); motion did not carry. There was discussion of the request that Mr. Michaels provide a survey. Mr. Michaels said a survey was provided at a previous board meeting. There was also discussion of whether the town has the final decision to sell or grant an easement, and once an easement is granted the easement is recorded in the deed as a condition on the land. Ms. McKnight opined that granting an easement would be a violation of the original deed language for the town park, and getting the developers to sign a waiver would not protect the town from legal action. It was suggested a legal option be sought from the Town Attorney regarding options. Ms. Jeffers suggested a narrow right-of-way be granted and the larger area remain as a park. Mr. Bohne explained the sewer easement which existed prior to the subdivision. The plat and reference in the Town Plan show the park as one parcel with a 20’ sewer easement. There is a deed description as well. 6. PRESENTATION OF THE FIRST DRAFT OF THE 2006-2007 CAPITAL IMPROVEMENT PLAN Mr. Frankenburg gave an update on the six-year projection of the FY2006-2007 Capital Improvement Plan. Funding sources include grants and outside sources, donations, property taxes, vehicle sales, impact fees and non-tax revenue, bond issues, and taxes. Next steps include feedback from the Selectboard, revisiting projects and priorities, revising impact fees, and meeting with department heads and committees. Mr. Roesler asked about the Pierson Library roof. Mr. Frankenburg said the roof is 20-25 years old and not leaking at this point, but there are issues with the shingles. The roof is included in the FY2007 budget. Mr. Bohne reported it has been eight years since any significant state money for funding bike/pedestrian paths. VTrans is not budgeting for bike/pedestrian paths currently. There is Safe Paths to School funding and impact fees are being collected. Ms. McKnight asked for a projection of impacts on tax revenue for projects. The Board will discuss the following at the next meeting:
Mr. Bohne stated staff will strategize to add the Bay Road Bridge to the CCMPO TIP. There are no safety issues currently, but the bridge is rated fair to poor. 7. CONSIDER REQUESTS FOR RELIEF FROM THE PENALTY FOR LATE PAYMENT OF PROPERTY TAXES FROM DAVID ACKERMAN, MARTHA ALVAREZ, KENNETH AND SHARON MERRITT, WILLIAM MITCHELL, AND LARRY AND JAN SUDBAY a) David Ackerman MOTION by Mr. Roesler, seconded by Mr. Talley, to grant the request by David Ackerman, 3410 Harbor Road, for relief from property tax penalty for late payment of property taxes in the amount of $359.20 on 08/06/2006. VOTE: 0 ayes, 4 nays (Neme, Tally, Roesler, McKnight); motion did not carry. b) Martha Alvarez MOTION by Mr. Roesler, seconded by Ms. McKnight, to grant the request by the estate of Lucy Van Dyke for relief from property tax penalty for late payment of property taxes in the amount of $114.52. VOTE: 4 ayes; motion carried. c) Kenneth and Sharon Merritt Ms. McKnight recused herself. MOTION by Mr. Roesler, seconded by Mr. Talley, to waive penalty of late payment of property taxes for Kenneth and Sharon Merritt. VOTE: 0 ayes, 3 nays (Neme, Roesler, Tally); motion did not carry. d) William Mitchell Mr. Frankenburg stated two tax bills were mailed, one directly to the Merritt’s and one intended for them addressed to the Levines c/o Merritt, since the Levines were record owners as of April 1. Sometimes the Post Office will forward mail sent c/o to the previous owner. Mr. Roesler noted in a real estate closing the property tax payment is prorated to ensure the taxes are paid. MOTION by Mr. Roesler, seconded by Ms. McKnight, to waive the $303.73 penalty assessed to William Mitchell for late payment of property taxes. VOTE: 0 ayes, 4 nays (Neme, Tally, Roesler, McKnight); motion did not carry. e) Larry and Jan Sudbay Mr. Bohne stated the Sudbay’s had a death in the family which resulted in their late payment. MOTION by Ms. McKnight, seconded by Mr. Roesler, to waive the penalty of $172.50 as requested by Larry and Jan Sudbay. VOTE: 4 ayes; motion carried. 8. CONSIDER APPROVAL OF THE MINUTES OF 09/12/2006 Approval of minutes of 09/12/2006 was tabled until the next meeting of the Selectboard. 9. MANAGER’S REPORT None. 10. MEMBERS CONCERNS Ms. McKnight asked if there is a charge to attend the education programs/workshops facilitated by Vermont League of Cities and Towns. Mr. Bohne stated the Town pays the fees. Ms. McKnight suggested Board education as a retreat topic. Mr. Neme reported a protest letter was received related to a late RFP proposal submitted for the Shelburnewood project. Mr. Bohne noted if the State of Vermont concluded a company that submitted a late RFP was ineligible, then the project would not receive grant funds. Mr. Neme reported Grant Bush forwarded concerns about the replacement of the Shelburne Community School mobile classroom units. Mr. Bohne said the matter was discussed with Bob Mason. The units are different enough so that they need to go through the zoning process. The first hearing is scheduled before the Zoning Board in October or November. Staff will check on the status of an extension of the Conditional Use hearing. 11. EXECUTIVE SESSION and ADJOURNMENT MOTION by Mr. Roesler, seconded by Ms. McKnight, to adjourn the regular meeting and enter Executive Session for the purpose of discussing litigation matters which might place the Town at a disadvantage, and to invite the Town Manager to attend. VOTE: 4 ayes; motion carried. The regular meeting was adjourned and Executive Session convened at 9:20 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.
Selectboard Meeting Minutes February 2006 Selectboard Meeting Minutes March 2006 Selectboard Meeting Minutes April 2006 Selectboard Meeting Minutes May 2006 Selectboard Meeting Minutes June 2006 Selectboard Meeting Minutes July 2006 Selectboard Meeting Minutes August 2006 Selectboard Meeting Minutes September 2006 Selectboard Meeting Minutes October 2006 Selectboard Meeting Minutes November 2006 Selectboard Meeting Minutes December 2006 Selectboard Meeting Minutes |
|
|
|
Home | Contacts | Departments | Events | Information | Search | Site Map | Services | Forms | Minutes
Site by DIGITAL FRONTIER © 2010 |
