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September 2007
SELECTBOARD MINUTES OF MEETINGSEPTEMBER 11, 2007 MEMBERS PRESENT: Robert Roesler, Acting Chairperson; Bill Smith, Chris Boyd. (Absent: Jim Talley, Jane McKnight.) ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer. OTHERS PRESENT: Churchill Hindes, Cheryl Fatnassi, Gail Albert, Chris Preston (Shelburne News). 1. CALL TO ORDER Mr. Roesler, Acting Chairperson, called the meeting to order at 7:03 p.m. 2. CHANGES TO AGENDA Delete Item 7 – Consider Requests for Relief from the Penalty for James and Karen MacIsaac. Add Item 4.a – Update on the Opportunities Credit Union Grant status. 3. CITIZEN PARTICIPATION None. 4. PRESENTATION FROM CHURCHILL HINDES, PRESIDENT AND CEO OF THE VISITING NURSE ASSOCIATION (VNA), OF THE MISSION AND SERVICES PROVIDED IN CHITTENDEN AND GRAND ISLE COUNTIES AND PARTICULARLY IN SHELBURNE Churchill Hindes reviewed the on-going relationship between the VNA and communities that the VNA serves. A brochure was distributed which gives an overview of the VNA, a community non-profit organization. The VNA started serving Shelburne in 1968. Shelburne budgeted $18,600 last year for VNA services. Mr. Hindes stated requests for VNA service come from doctor or hospital referrals. Filling staffing needs is a challenge. The VNA is constantly recruiting for RNs, LPNs, Licensed Nurse Assistants and volunteers. The VNA runs a hospice volunteer training program. Home health care is tightly regulated in Vermont. There are for-profit agencies licensed in Vermont. The VNA works closely with one small for-profit home health care provider that has been working with very sick children. 4.a. STATUS OF COMMUNITY BLOCK DEVELOPMENT GRANT BY OPPORTUNITIES CREDIT UNION Mr. Bohne mentioned the 2005 grant for $368,000 sponsored by the Town of Shelburne and Opportunities Credit Union for the Shelburnewood Mobile Home Park project. Cheryl Fatnassi with Opportunities Credit Union stated the Community Block Development Grant application was signed in January, 2006. The Credit Union is seeking to expand the grant program into Orange County. There are two goals: to create funds to replace or upgrade mobile homes and to provide low interest rate loans for the purchase of or repairs to mobile homes. The mission of the Credit Union is to work with individuals to provide reliable transportation or to own their own homes. Last year the Credit Union counseled 402 individuals from all income levels. The Selectboard packet includes details of the assistance and program marketing. The grant program will be extended from March, 2008 to September 31, 2008. Ms. Fatnassi explained home ownership grant qualifications which are income based for the purchase of replacement of manufactured homes. There are sufficient grant funds to help Shelburnewood Mobile Home Park residents. MOTION by Bill Smith, seconded by Chris Boyd, to amend the existing VCDP Grant Agreement with the Town of Shelburne to include Orange County as an eligible area and to extend the project completion date to September 31, 2008. VOTE: unanimous (3-0); motion carried. 5. CONSIDER THE APPOINTMENT OF RAD ROMEYN TO THE SHELBURNE NATURAL RESOURCES AND CONSERVATION COMMITTEE Gail Albert, Shelburne Natural Resources and Conservation Committee, spoke in support of the appointment of Rad Romeyn to the NRCC. MOTION by Mr. Boyd, seconded by Mr. Smith, to appoint Rad Romeyn to the Shelburne Natural Resources and Conservation Committee as presented. VOTE: unanimous (3-0); motion carried. 6. CONSIDER APPOINTING KATE LALLEY TO THE SHELBURNE PLANNING COMMISSION MOTION by Mr. Smith, seconded by Mr. Boyd, to appoint Kate Lalley to the Shelburne Planning Commission as presented. VOTE: unanimous (3-0); motion carried. 7. CONSIDER REQUEST FOR RELIEF FROM THE PENALTY FOR THE LATE PAYMENT OF PROPERTY TAXES BY MARIE SHAKOUR Mr. Frankenburg reviewed the written request received 9/4/2007 from Marie Shakour for relief from a penalty of $95.95 for late payment of property taxes. Mr. Smith observed it is difficult to know if Ms. Shakour’s hospitalization is for something minor or if she was incapacitated. Mr. Bohne suggested deferring action on the request until more information can be obtained. MOTION by Mr. Boyd, seconded by Mr. Smith, to table action on the request by Marie Shakour for relief from the penalty for late payment of property taxes until the next meeting of the Selectboard to allow staff to gather further information. VOTE: unanimous (3-0); motion carried. 8. CONSIDER NAMING A ROAD IN THE SUGARWOOD DEVELOPMENT: “AUTUMN HILL LANE” Mr. Bohne reported staff vetted the proposed name of ‘Autumn Hill Lane’ with the Town Police Department and Post Office. MOTION by Mr. Boyd, seconded by Mr. Smith, to approve the proposed new road name of “Autumn Hill Lane” in the Sugarwood development as presented. VOTE: unanimous (3-0); motion carried. 9. CONSIDER APPROVING THE MINUTES OF AUGUST 28, 2007 Approval of the minutes of 8/28/2007 was deferred to the end of the meeting pending the potential attendance by another member of the Selectboard. Mr. Roesler noted Mr. Smith did not attend the 8/28/2007 meeting; a quorum is needed to vote on the minutes. MOTION by Mr. Boyd, seconded by Mr. Smith, to table approval of the Selectboard minutes of 8/28/2007 until the next meeting of the Board due to lack of a quorum. VOTE: unanimous (3-0); motion carried. 10 MANAGER’S REPORT Mr. Bohne reviewed the following items:
11. MEMBERS CONCERNS Mr. Boyd mentioned he received a letter from Susan McLellan in support of the proposed dog park. Mr. Boyd also noted he received verbal concerns regarding the proposal for the Town to take over the park and provide maintenance for the park. Mr. Bohne said staff has received a half dozen e-mails and notes in support of the dog park. Staff will ask the Recreation, Maintenance and Public Works departments to become involved in a review of maintenance issues and concerns. Mr. Roesler asked for volunteers to fill vacancies on the Development Review Board and Planning Commission. Interested parties should contact the Town Manager. Mr. Boyd asked if the excavated areas on Falls Road and Irish Hill Road will be repaved. Mr. Bohne stated the understanding is the road will be repaved/repaired, including Thompson Road. Staff will gather further information for the Board. 12. ADJOURNMENT MOTION by Mr. Boyd, seconded by Mr. Smith, to adjourn the regular meeting. VOTE: unanimous (3-0); motion carried. The meeting was adjourned at 8:13 p.m. RScty: K. Furr
SELECTBOARDMINUTES OF MEETINGSEPTEMBER 25, 2007 MEMBERS PRESENT: Jim Talley, Chairperson; Robert Roesler, Bill Smith, Jane McKnight. (Absent: Chris Boyd.) ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer. OTHERS PRESENT: Al Marlow, Jackie Marlow, Phil Marcelino, Alicia Marcelino, Donna Preuss, Gail Geitelberg, Barbara Smith, Clare MacNeil, Patti Echelberger, Alberta Smith, Margaret Haley, Dan Haley, Gail Albert, Claude Lapierre, Chris Preston (Shelburne News). 1. CALL TO ORDER Mr. Talley, Chairperson, called the meeting to order at 7:08 p.m. 2. CHANGES TO AGENDA None. 3. CITIZEN PARTICIPATION None. 4. CONSIDER AMENDING THE TOWN OF SHELBURNE NO PARKING ORDINANCE BY ADDING PORTION OF MARTINDALE ROAD AS A NO PARKING AREA (1st Reading) Mr. Bohne reported Martindale Road residents expressed concern related to parking on both sides of Martindale Road near the condominiums. The congestion narrows the road to one lane. The proposal is to amend the Shelburne No Parking Ordinance to make the north side of Martindale Road a no parking zone from the intersection to the corner (approximately 550’). There is an open space area on the Route 7 side of the road. Barbara Smith, Summit Circle resident, stated she and her husband walk Martindale Road every day. There are up to four trucks and seven cars parked on the road, and 14 cars parked in the condo driveways. Cars traveling from the west are not visible by walkers. The overall issue is safety. No parking on one side may not be the answer. Cars parked on the south side of the road will be on the “S” curves and visibility will be blocked. Margaret Haley, resident, expressed concern regarding children playing basketball in the driveways. The children will be hit by a car if a ball rolls into the road. Dan Haley, resident, reiterated that cars parked on both sides of the lower part of Martindale is the issue. The travel way becomes one lane, forcing one vehicle to pull over to allow another car to pass. Allowing parking on one side creates the same dilemma. The travel way is still tight and with children playing ball there is the safety issue. Also, there are many teenage drivers driving too fast through the area and who are not experienced to yield. The existing situation is an accident waiting to happen. Clare MacNeil, resident, stated she walks her dog and drives through the area several times a day. Visibility is poor when cars are parked in the roadway. Ms. MacNeil said she had to pull over to allow the garbage truck through and she clipped a mailbox with her side view mirror. Jackie Marlow, resident, clarified the area in question is known as Martindale West, not Martindale Road. There is no room for fire trucks or ambulances to pass the cars parked on the road. Each condo has room for parking two cars inside the garage and two cars in the driveway. One condo resident has six cars and pre-plans parking all the cars in their driveway each night. Allowing parking on one side of Martindale is not a solution. Alberta Smith, resident, pointed out parking commercial vehicles on the road is another issue. Ms. Smith said her husband parked their commercial vehicle in their driveway for 20 of the 28 years they lived on the street. Barbara Smith asked if the condominium association owns the open space lot since an ideal solution would be to construct a parking lot in the open area. Gail Feitelberg, resident, requested the Board take quick action on the issue before the weather turns. The blind curves on the hill will be more dangerous in the winter. Al Marlow, resident, stated review of the condominium declarations indicates each apartment has its own driveway for parking. There is no language that says condo residents can park in the roadway. There are two parking spaces inside each garage and two outside in the driveway. The solution is to ban parking on both sides of the road. Mr. Bohne stated the condominium residents were not notified of the situation until today, but were told the topic will be on the Selectboard agenda again in two weeks for a 2nd Reading of the proposed amendment to the No Parking Ordinance. Ms. McKnight asked if the Board has the authority to ban on-street parking and if there can be parking on the common land. Mr. Bohne explained the condominium association would have to bring the matter before the Planning Commission and clarify there are no violations of any conditions of approval set by the Planning Commission. Ms. McKnight asked the assemblage if banning parking on one side of the road will help the situation. The consensus of the residents in attendance is to legally ban on-street parking on both sides of the road. There was further discussion regarding the proposed amendment to the No Parking Ordinance and the approval process (two-part process), notification of the condominium association chairperson, other roads in Shelburne with parking banned on one side of the road (Harbor Road up to the shipyard), and efforts by the Shelburne Police Department to document the on-street parking issue (the police have videotaped the on-street parking in the area). Mr. Talley reiterated the proposed amendment will appear on the meeting agenda in two weeks. 5. CONSIDER ADOPTING A FRAUD POLICY TO HELP DEVELOPMENT CONTROLS THAT WILL AID IN THE DETECTION AND CONTROL OF FRAUD AGAINST THE TOWN OF SHELBURNE Mr. Frankenburg reviewed recommendations by the Town’s auditors that include a policy for fraud in accordance with due diligence and best business practices. It is a broad policy that will be attached to the employee policy. The proposed policy covers what constitutes fraud, what employees should do if they suspect fraud, and how to handle suspected fraud. This is a first step regarding internal controls on a formal basis. There was discussion of the policy and suggested changes, including making the first bulleted item in the Definition Section more specific, adding examples to the definition section, such as for “conflict of interest”, clarifying language by stating “…such as, but not limited to….”, indicating who is referred to on Page 2 (i.e. town manager or an alternate decision maker). Ms. McKnight felt the policy should apply to all town boards and elected officials. Mr. Bohne stated the proposed policy applies to employees. Staff will draft a Code of Ethics and Conflict of Interest Policy geared toward boards and elected officials at a later time. Staff will revise the draft policy. Comments/suggestions should be forwarded to staff. 6. DISCUSSION REGARDING THE IMPLEMENTATION OF SOME OF THE RECOMMENDATIONS OF THE 1995 LANDSCAPING PLAN FOR THE SHELBURNE VILLAGE GREEN Mr. Bohne stated the blue spruce tree on the village green is 30 years old, very large, and experiencing health issues (needles are thinning and the tree is afflicted with gall). The 1995 town landscape plan has recommendations. It is proposed to remove the blue spruce tree, prune the large maple tree, and remove the two honey locust trees that are out of alignment. Further recommendations include planting two trees toward the west side of the Pierson Building and removing the memorial tree planted west of Route 7 (two attempts to contact the family involved with the memorial tree have been made). An anonymous individual (Shelburne resident) offered to purchase a replacement tree for the blue spruce. A 15’ fir is recommended. If a replacement cannot be located, then a cut tree will be used as the Town Christmas Tree and a replacement will be planted in the spring. Gail Albert, resident and Natural Resources and Conservation Committee member, mentioned another tree was planted in memory of Van Archer. 7. CONSIDER THE APPOINTMENT OF PEG ROSENAU TO THE SHELBURNE NATURAL RESOURCES AND CONSERVATION COMMITTEE TO FILL A TERM THAT EXPIRES IN 2010. Mr. Talley reviewed the qualifications of Peg Rosenau for the Natural Resources and Conservation Committee. Mr. Bohne spoke in support of the candidate. Ms. Albert stated the NRCC would be delighted to have Ms. Rosenau’s expertise and commitment. MOTION by Mr. Smith, seconded by Mr. Roesler, to appoint Peg Rosenau to the Shelburne Natural Resources and Conservation Committee to fill a term that expires in 2010. VOTE: unanimous (4-0); motion carried. 8. CONSIDER THE APPOINTMENT OF CLAUDE LAPIERRE TO THE DEVELOPMENT REVIEW BOARD Mr. Bohne reviewed the candidate’s qualifications. Mr. Lapierre stated he is a life-long resident of Shelburne and has served on the Planning Commission for the past 17 years. MOTION by Mr. Roesler, seconded by Ms. McKnight, to appoint Claude Lapierre to the Development Review Board for a term of two years. VOTE: unanimous (4-0); motion carried. 9. CONSIDER THE APPROVAL OF AN APPLICATION TO THE COMMUNITY DEVELOPMENT DEPARTMENT FOR A PLANNING GRANT TO CONTINUE WORK ON THE UPDATE OF THE ZONING BYLAWS Mr. Bohne stated the Town Planner prepared a grant application and is seeking Board approval to submit the application. The project will cost $15,000 ($12,000 from state funding and $3,000 as a town match). The town matching funds need to be included in the budget if the grant is successful. MOTION by Mr. Roesler, seconded by Mr. Smith, to approve the application to the Community Development Department for a Planning Grant to continue work on the update of the Zoning Bylaws. VOTE: unanimous (4-0); motion carried. The Board signed the grant documentation. 10. CONSIDER AMENDING THE CHARTER OF THE RECREATION COMMITTEE TO ALLOW FOR UP TO 9 MEMBERS Mr. Bohne reviewed currently there is one opening on the Recreation Committee and two applicants. It is suggested the charter be amended to allow up to nine members (language changed from “…up to 7 members…” to “…up to 9 members….”). MOTION by Mr. Smith, seconded by Mr. Roesler, to amend the Charter of the Recreation Committee to allow for up to 9 members. VOTE: unanimous (4-0); motion carried. 11. CONSIDER APPROVING THE MINUTES OF AUGUST 28 AND SEPTEMBER 11, 2007 August 28, 2007 MOTION by Mr. Roesler, seconded by Ms. McKnight, to approve the minutes of 8/28/2007 with the following correction: Page 1, Motion by Ms. McKnight - amend to read: “…as an Honorary Ambassador and Plenipotentiary…”. VOTE: 3 ayes, 1 abstention (Mr. Smith); motion carried. September 11, 2007 No action taken. 12. MANAGER’S REPORT Mr. Bohne reported on the following:
13. MEMBERS CONCERNS Ms. McKnight stated she received the Fall/Winter Recreation booklet a week after classes began. Ms. McKnight noted Bob Marcelino was issued a permit to store dirt along Spear Street after the fact. The dirt storage preceded the permit. Ms. McKnight asked if there is a time limit for storage on the street. Staff will research the matter. Mr. Bohne noted Mr. Marcelino’s intention is to build a pond. A permit is needed so the town can review the project to see if there is any reason to deny the permit, to gather neighbor comments, and such. The permit is for fill and excavation. Heavy clay material was brought in for pond construction. Mr. Smith announced Paul Bohne volunteered to work on the baseball dugouts. Mr. Bohne was thanked for his efforts. Mr. Bohne announced Peter Martell is painting the dugouts and shingling the roof. 14. ADJOURNMENT and/or EXECUTIVE SESSION MOTION by Mr. Roesler, seconded by Mr. Smith, to adjourn the regular meeting and enter Executive Session for the purpose of discussing potential litigation matters, and to invite the Town Manager to attend. VOTE: unanimous (4-0); motion carried. The regular meeting was adjourned and Executive Session convened at 8:55 p.m. RScty: KFurr
January 2007Selectboard Meeting Minutes February 2007 Selectboard Meeting Minutes March 2007 Selectboard Meeting Minutes April 2007 Selectboard Meeting Minutes May 2007 Selectboard Meeting Minutes June 2007 Selectboard Meeting Minutes July 2007 Selectboard Meeting Minutes August 2007 Selectboard Meeting Minutes September 2007 Selectboard Meeting Minutes October 2007 Selectboard Meeting Minutes November 2007 Selectboard Meeting Minutes December 2007 Selectboard Meeting Minutes |
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