October 2007

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

October 9, 2007

MEMBERS PRESENT:       Jim Talley, Chairperson; Robert Roesler, Bill Smith, Jane McKnight, Chris Boyd.

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

OTHERS PRESENT:            Chuck Bigelow, Renee Davitt, Jim Dudley, Susan Pelkey Smith, Dwaine Smith, Ron MacNeil, Clare MacNeil, Jennifer Brownell, Al Marlow, Dan Haley, Ted Smith, Dave Turner, Chris Preston (Shelburne News).

 1.         CALL TO ORDER

Mr. Talley, Chairperson, called the meeting to order at 7 p.m.

 2.         CHANGES TO AGENDA

Add Item 11(A): Consider an increase in funds budgeted for the firehouse exhaust/ventilation system.

 3.         CITIZEN PARTICIPATION

Chuck Bigelow expressed concern about the 17’ wide gravel shoulder on the right side of the intersection of Thompson Road and Irish Hill Road. The shoulder is a gravel base only and should be finished with paving or grass planting.  Mr. Bigelow asked the Board to make a decision with the developer (Forest Park) to complete the work at the intersection now rather than waiting until after the traffic study that is triggered by the 35^th building permit for the housing project (a condition of approval by the Planning Commission). The Board will address the matter at the next meeting pending further information.

 4.         CONSIDER AMENDING THE TOWN OF SHELBURNE NO  PARKING ORDINANCE BY ADDING PORTION OF MARTINDALE ROAD AS A NO PARKING AREA (2^nd Reading)

Concern was expressed by residents of Martindale Road about safety and parking on both sides of the road near the condominiums. Parking on the road makes the road one lane passage. The proposal is to prohibit parking on the north side of Martindale Road from the intersection of Oak Hill Road to the corner (approximately 550’). A police video showing on-street parking and traffic in the area was reviewed. The road is 29’6” wide. A weekday speed check showed 305 vehicles and a weekend check showed 306 vehicles. Three-quarters of the traffic operated within 20-30 miles per hour. The majority of traffic occurred between 10 a.m. and 7 p.m. Each unit has room for two cars inside the garage and two in the driveway. Parking commercial vehicles in condominium driveways is not allowed according to the bylaws. Commercial vehicles must park on the public road.  Using the open space owned by the condominium association to create a parking lot would be a great expense to the unit owners. The condominium association is not in support of a no parking ordinance on Martindale Road. The Selectboard urged the condominium association and the residents of Martindale Road to resolve the parking issue, employing mediation services if necessary. There was discussion of changing the condominium bylaws to allow parking on the grass off the roadway. It was noted establishing a no parking ordinance on the roadway would set a precedent for the town.

 5.         CONSIDER THE APPOINTMENT OF TWO MEMBERS TO THE RECREATION COMMITTEE

Mr. Bohne informed the Board that Renee Davitt is the only applicant for the vacancy. Ms. Davitt is a seven year resident of Shelburne.

 MOTION by Mr. Roesler, seconded by Jane McKnight, to appoint Renee Davitt to the Shelburne Recreation Committee. VOTE: unanimous (5-0); motion carried.

 6.         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. The policy is broad and 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. It was noted that audits sometimes reveal, by questioning the employees, awareness of potential fraud. 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.

 MOTION by Mr. Boyd, seconded by Mr. Roesler, to adopt the fraud policy to help develop controls that will aid in the detection and control of fraud against the Town of Shelburne as presented. VOTE: unanimous (5-0); motion carried.

 7.         CONSIDER REVIEWING AND READOPTING THE HEALTH & SAFETY POLICY AND SMOKING & TOBACCO POLICY

Mr. Bohne reviewed the Health and Safety Policy of the Town of Shelburne. The Board agreed the Safety and Health Mission Policy consolidates much information and is well done. There was discussion of the tobacco policy which is a wellness issue and required by federal law. Ms. McKnight and Mr. Boyd expressed concern that the comprehensive nature of the town’s policy to ban smokeless tobacco in the workplace, including town vehicles, touches on the issue of personal liberties as well as the premise a healthier workforce is a financial benefit. The Board made some minor amendments to the wording of the smoking policy relative to smokeless tobacco.

 MOTION by Mr. Smith, seconded by Jane McKnight, to adopt the Health and Safety Policy for the Town of Shelburne as presented. VOTE: unanimous (5-0); motion carried.

 MOTION by Mr. Roesler, seconded by Mr. Boyd, to adopt the Tobacco Policy for the Town of Shelburne with the following changes: in the 6^th paragraph strike the word “and the use of smokeless tobacco” and change “are” to “is”.  VOTE: unanimous (5-0); motion carried.

 8.         PRESENTATION AND DISCUSSION OF IMPLEMENTING A WELLNESS PROGRAM

Mr. Bohne stated a wellness program will provide incentives to employees to maintain or improve their health and ultimately benefit the town with a healthier workforce. Presently, 2% of salaries are contributed to health insurance. Insurance rebates and premium reductions are recognized by VLCT as the wellness program is audited ($8,400 was rebated to the Town and is in reserve as seed money). Disbursement of the money was discussed. Options include return to employees as a cash bonus to participants in the program, return the money to the program, or provide a direct reduction of health insurance payment for all employees.  Mr. Bohne will investigate how other municipalities handle the issue. The Board was in general support of the Wellness Program and will discuss the matter again prior to the end of the year.

 9.         CONSIDER THE APPROVAL OF A $64,400 CAPITAL EQUIPMENT NOTE WITH THE CHITTENDEN BANK FOR A TERM OF ONE YEAR, INTEREST RATE 3.75%, FOR PURCHASE OF A HIGHWAY DEPARTMENT BUCKET LOADER

The existing loader is 15 years old. The trade-in value is $50,000. Delivery of the new machine is imminent.  Staff has reviewed the financial data.

 MOTION by Mr. Boyd, seconded by Mr. Roesler, to accept the $64,400 capital equipment note with the Chittenden Bank for a term of one year, interest rate 3.75%, for the purchase of a highway department bucket loader as presented. VOTE: unanimous (5-0); motion carried.

 10.       CONSIDER THE APPROVAL OF A $21,600 CAPITAL EQUIPMENT NOTE WITH THE CHITTENDEN BANK FOR A TERM OF ONE YEAR, INTEREST RATE 3.75%, FOR PURCHASE OF A WATER DEPARTMENT UTILITY TRUCK

MOTION by Mr. Boyd, seconded by Mr. Roesler, to accept the $21,600 capital equipment note with the Chittenden Bank for a term of one year, interest rate 3.75%, for the purchase of a water department utility truck as presented. VOTE: unanimous (5-0); motion carried.

 11.       REVIEW OF THE FY2007 GENERAL FUND BUDGET YEAR END STATUS

Mr. Frankenburg gave a brief overview of the FY2007 General Fund budget, noting the auditors have completed their field work on the audit of the budget. Revenue from the VELCO right-of-way is not reflected in the numbers. The 2006-07 budget was $5.9 million. Revenues are $82,000 better than budgeted. Expenses were $75,000 less than budgeted. Total fund balance is $664,000.  Mr. Frankenburg explained revenue variations noting that investment revenues showed a large increase. Over budget areas were explained, including legal expenses and the Fire Department (staffing and equipment). The overall constituent areas tended to be less than budgeted. Mr. Frankenburg stated a common trend was difficult to point out due to the large number of variations in the different areas of the budget. The Board agreed the budget reflects how well the town is being managed overall.

 11(A).  FIRE DEPARTMENT EXHAUST SYSTEM

Jim Talley recused himself. Mr. Bohne reviewed details of the proposed fire department exhaust system which will alleviate health concerns in the firehouse.  The cost of the system is $10,765 more than budgeted which will overspend the Fire Department budget, however, there are other areas in the budget that can be used to help recoup the amount. There was discussion of installing exhaust systems in both the rescue and fire departments at once for a reduced cost as well as architectural research to look at both buildings and plan ahead 20 years.

 MOTION by Mr. Smith, seconded by Mr. Roesler, to authorize the expenditure of $10,765 for the fire department exhaust/ventilation system as presented. VOTE: unanimous (4-0); motion carried.

 Jim Talley returned to the Board.

 12.       CONSIDER DESIGNATING $42,300 OF THE FY2006-07 GENERAL FUND BALANCE FOR THE CHURCH STREET SIDEWALK CONSTRUCTION PROJECT (PROJECT BUDGETED FOR FY2006-07 WAS NOT COMPLETED UNTIL FY 2007-08)

The Board reviewed the delay in the Church Street sidewalk construction project and the resulting increase in needed funding. The total cost of the complete project is $56,000 which will be shown as an overspent item in the budget.

 MOTION by Jane McKnight, seconded by Mr. Roesler, to approve designating $42,300 of the FY2006-07 General fund balance for the Church Street Sidewalk Construction Project as presented.  VOTE: unanimous (5-0); motion carried.

 13.       CONSIDER THE ADOPTION OF A RESOLUTION IN SUPPORT OF THE CHITTENDEN COUNTY METROPOLITAN PLANNING ORGANIZATION’S PARTICIPATION IN THE 2010 CAMPAIGN FOR ACTIVE TRANSPORTATION

Jim Dudley spoke in support of the resolution, noting CCMPO supports the resolution and surrounding communities are being asked for their support as well.  Jane McKnight noted the CCTA board feels the project singles out Burlington as a model community leaving out other communities who may sign on.

 MOTION by Mr. Roesler, seconded by Mr. Boyd, to approve the resolution in support of the Chittenden County Metropolitan Planning Organization’s participation in the 2010 campaign for active transportation. VOTE: unanimous (5-0); motion carried.

 14.       CONSIDER APPROVING THE MINUTES OF SEPTEMBER 11, 2007 AND SEPTEMBER 25, 2007

September 11, 2007

MOTION by Mr. Roesler, seconded by Ms. McKnight, to approve the minutes of September 11, 2007 as written. VOTE: unanimous (5-0); motion carried.

 September25, 2007

MOTION by Mr. Boyd, seconded by Mr. Roesler, to approve the minutes of September 25, 2007 as written. VOTE: unanimous (5-0); motion carried.

 15.       MANAGER’S REPORT

Mr. Bohne reported the large Blue Spruce tree on the village green has been removed.  The Pierson Building is now in full view. A tree to decorate the village green for the holiday is being sought. A replacement will be planted in the spring.

 16.       MEMBERS CONCERNS

Mr. Boyd addressed concerns involving Thompson Road and Falls Road.  Mr. Bohne noted additional paving is due but clarification is needed.

 Mr. Roesler asked about the Planning Commission zoning update. Mr. Bohne reported according to the Town Planner the update should be ready in December.

 17.       EXECUTIVE SESSION

The Board did not hold Executive Session.

 18.       ADJOURNMENT

MOTION by Mr. Roesler, seconded by Mr. Smith, to adjourn the regular meeting. VOTE: unanimous (5-0); motion carried.

 The meeting was adjourned at 9:35 p.m.

 RScty: jza