December 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 DECEMBER 11, 2007 MEMBERS PRESENT: Robert Roesler, Acting Chairperson; Bill Smith, Chris Boyd, Jane McKnight. (Absent: Jim Talley) ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Paul Goodrich, Highway Dept.; Bernie Gagnon, Public Works Director; Craig Wooster, Fire Chief. OTHERS PRESENT: Krister Adams, Charles Brush, John Giebink, Dave Roy, Dave McLellan, Matt Callaghan, Tom Tompkins, Robert Platt, Cherie Schrader, Nick Mellish, Jim Buell, Bryan Goodrich, Wendi Turner, Linda Goodrich, Mark Willis, Chris Preston (Shelburne News). 1. CALL TO ORDER Mr. Roesler, Acting Chairperson, called the meeting to order at 7:01 p.m. 2. CHANGES TO AGENDA None. 3. CITIZEN PARTICIPATION None. 4. PUBLIC HEARING: CLOSING OUT PLANNING GRANT RECEIVED ON BEHALF OF SHELBURNEWOOD Mr. Bohne gave a brief history on the proposal to develop Shelburnewood and receipt of a $30,000 planning grant. The Town must hold a public hearing and take public comments. Krister Adams, HFI, clarified the $30,000 planning grant was received April 2006 and all activity was concluded in October 2006. A good of base information was compiled. Unfortunately, there is no economically viable way to do the project at this time. Thanks were extended to the town and the Selectboard for supporting the project. It was explained the density of the mobile home park would have to be increased more than previously thought to make the project economically feasible. Adding affordable housing was not enough. Additional land was purchased to make the project more feasible. There has been $100,000 in public money and $247,000 in HFI funding expended to date. There is concern about the delay in adoption of the bylaws and zoning ordinance and the impact on the ability to save the mobile home park and development of the park. Green Mountain Development group was contacted because they have access to capital. Without further action the park could close within the next nine months. The Town permitting process is running longer than anticipated (it may be June 2008 before the project will be under Sketch Plan review). Ms. McKnight noted the Selectboard needs to wait for the zoning bylaw revisions. There is concern related to spot zoning. Mr. Bohne stated the Planning Commission is reviewing a draft of the zoning bylaws. A 30-day notice is required to warn a public hearing. There are no bonus credits included in the current Town Plan for increased density in the Village District which is an issue for developing 20 acres within the village. Ms. McKnight suggested a meeting with the Planning Commission to discuss the status of the zoning ordinance and issues. The Town Planner or Planning Commission Chairperson could meet with the Selectboard. Charlie Brush commented the project is a good opportunity for a great development in the village, and to miss the opportunity is a great mistake. 5. PRESENTATION AND DISCUSSION OF THE OPERATION OF THE SHELBURNE HIGHWAY DEPARTMENT Bernie Gagnon, Public Works, and Paul Goodrich, Highway Department, were introduced. The Board heard a presentation outlining the Shelburne Highway Department’s duties, staffing, equipment and replacement cycles, budget items, capital projects, and snow removal. There was discussion of road improvements on Pond Road that include installing filter fabric with a top layer of gravel, increased traffic and housing developments on the road, and the cost of grading Pond Road (about $15,000 per year). 6. CONSIDER APPROVAL OF USING FUNDS FROM THE VLCT LEADER PROGRAM TO PURCHASE FITNESS EQUIPMENT FOR THE TOWN EMPLOYEE AND VOLUNTEER FITNESS FACILITY Mr. Bohne reviewed a memo, dated 12/07/2007, regarding cost comparison for a business membership at an athletic club versus running a town fitness center. The request of $6,500 will purchase an elliptical and a bike. Funds will come from the Leader Program. MOTION by Mr. Smith, seconded by Mr. Boyd, to authorize expenditure of up to $6,500 for the purchase of fitness equipment for the Town Employee and Volunteer Fitness Facility to be paid out of the VLCT Leader Program. DISCUSSION: Ms. McKnight recalled past discussions of returning savings from the Wellness Program to the taxpayers. The Board will receive a report on Leader Program funds in January. Mr. Smith pointed out the Town fitness center enhances the wellness of staff. Savings are realized through the Wellness Program. There was agreement some of the savings should be returned to the taxpayers. VOTE: unanimous (4-0); motion carried. 7. CONSIDER ADOPTION OF A CODE OF ETHICS POLICY FOR PUBLIC OFFICIALS AND TOWN EMPLOYEES Ms. McKnight felt more work is needed on the language and formatting of the policy. For example, incidents of “Zoning Board of Adjustment” should read “Design Review Board”. ‘Conflict of Interest’ issue is in the Definition section, but not in the body of the policy. Ms. McKnight suggested the public policy on conflict of interest proposed by the Secretary of State be used as a model. Some of the definitions and wording needs clarification (i.e. “significant material interests” as noted in Paragraph 1 is a departure from other definitions versus the Secretary of State’s definition). Ms. McKnight will forward her remarks to staff. 8. PRESENTATION AND DISCUSSION OF AMENDING THE TOWN CHARTER TO ALLOW THE TOWN TO COLLECT A SALES AND/OR A ROOM AND MEALS TAX Mr. Bohne reported Joyce Errecart, State Representative, provided information regarding changes to the state rule on the qualifying criteria and adoption of a local sales and/or room and meals tax. South Burlington recently adopted a local sales tax. Peter Frankenburg gave a presentation on implementing a local option tax, adoption criteria, and amending the town charter to adopt a local option tax. Issues include the requirement of a town vote for a charter change. Also, revenues are subject to fluctuation. Mr. Smith suggested the town explore options regarding taxation. The burden on local merchants of tracking the tax on the local merchants needs to be explored. Rep. Errecart should be invited to a Selectboard meeting for further discussion of the matter. Mr. Boyd asked if the Legislature “tweaks” town charters in the charter change process. Mr. Bohne confirmed the Legislature has this potential, but has not exercised the privilege. There was further discussion of tax options and Shelburne being on par with surrounding towns with local option taxes or having a competitive advantage by not having a local option tax. It was suggested staff could canvas local merchants on their support of the local tax. It was noted January 24th is the deadline to notify the clerk of a charter change request. 9. CONSIDER WAIVING PENALTY FOR LATE PAYMENT OF PROPERTY TAXES FROM ELLEN JANSON, PAUL TAHERI, RALPH GOSS, AND THE CHRISTMAS TREE LOFT MOTION by Mr. Boyd, seconded by Ms. McKnight, to waive the $429.01 penalty for late payment of property taxes as requested by Ellen Janson. VOTE: 0 ayes, 4 nays (Boyd, McKnight, Smith, Roesler); motion did not carry. MOTION by Mr. Smith, seconded by Ms. McKnight, to waive the $527.15 penalty for late payment of property taxes as requested by Paul and Kay Taheri. VOTE: 0 ayes, 4 nays (Boyd, McKnight, Smith, Roesler); motion did not carry. MOTION by Mr. Smith, seconded by Ms. McKnight, to waive the $147.44 penalty for late payment of property taxes as requested by Ralph and Madalene Goss. VOTE: unanimous (4-0); motion carried. MOTION by Mr. Smith, seconded by Ms. McKnight, to waive the $472.42 penalty for late payment of property taxes as requested by The Christmas Tree Loft. VOTE: 0 ayes, 4 nays (Boyd, McKnight, Smith, Roesler); motion did not carry. 10. PRESENTATON OF RESULTS OF THE SPACE AND NEEDS STUDY FOR THE SHELBURNE RESCUE SQUAD AND FIRE DEPARTMENT David Roy with Wiemann Lamphere reviewed three options for the Shelburne Rescue Squad and Fire Department facility: current facility with separate operations, current facility with shared space, and a hypothetical new operation at an undetermined new site. The Board received a copy of the Space and Needs Study. There was discussion of a potential site analysis for a new facility (a site analysis was not a part of the study), sites that offer the best central location for response time (the current facility offers the best central location), and an existing master plan developed by the Fire Department/Rescue Squad. Fire Chief Wooster noted response time from the current facility is acceptable except to Shelburne Point and Route 116. Mr. Roesler asked if Option 3 accommodates a ladder truck. Mr. Roy replied all three options address space needs for a ladder truck. Option 1 minimally meets that requirement and Option 2 has a more generous area. Cherie Schrader asked about action on the study information. Mr. Bohne explained the study will be used as a guide in the next budget cycle and in the Capital Improvement Plan (CIP). The Town has included a ladder truck in the CIP for many years. The study also provides the Selectboard with information in context as an investment and whether there should be a separate Fire/Rescue Department or shared space. Ms. McKnight mentioned ‘regionalization’ as a way to share expenses/equipment. It was suggested the two departments (Fire and Rescue) and the Selectboard hold discussion on the matter. 11. CONSIDER RENEWAL OF GRANT ANTICIPATION NOTE WITH THE CHITTENDEN BANK IN THE AMOUNT OF $45,000 FOR A TERM OF SIX MONTHS AND AN INTEREST RATE OF 3.75% FOR CONSTRUCTION OF THE HULLCREST PARK STORM WATER SYSTEM MOTION by Ms. McKnight, seconded by Mr. Boyd, to approve the renewal of the Grant Anticipation Note with the Chittenden Bank in the amount of $45,000 for a term of six months at an interest rate of 3.75% for construction of the Hullcrest Park Storm Water System. VOTE: unanimous (4-0); motion carried. 12. CONIDER APPROVING SEWER ALLOCATION REQUEST BY FRANK AND CYNTHIA BABBOTT AT FOX RUN MOTION by Mr. Boyd, seconded by Ms. McKnight, to approve the request for a sewer allocation of 210 gpd by Frank and Cynthia Babbott at Fox Run as presented. VOTE: unanimous (4-0); motion carried. 13. CONSIDER RE-WARNING PUBLIC HEARING ON THE CAPITAL IMPROVEMENT PLAN FOR JANUARY 8, 2008 MOTION by Mr. Smith, seconded by Mr. Boyd, to re-warn a public hearing on the Capital Improvement Plan for January 8, 2008. VOTE: unanimous (4-0); motion carried. 14. CONSIDER APPROVING ANNUAL EMPLOYEE BONUS MOTION by Mr. Boyd, seconded by Mr. Smith, to approve an annual employee bonus of $30 per employee as presented. VOTE: unanimous (4-0); motion carried. 15. CONSIDER APPROVING MINUTES (11/13/07 & 11/27/07) MOTION by Mr. Boyd, seconded by Ms. McKnight, to approve the Selectboard minutes of 11/13/2007 with a global correction of the spelling of “Wilbur Smith”. VOTE: 3 ayes, 1 abstention (Mr. Smith); motion carried. MOTION by Mr. Smith, seconded by Ms. McKnight, to approve the Selectboard minutes of 11/27/2007 as written. VOTE: 3 ayes, 1 abstention (Mr. Boyd); motion carried. 16. MANAGER’S REPORT Mr. Bohne reported on the following items: - VELCO will resolve the issue with an archeological site on Bay Road by leaving the pole where located and running the line over another property.
- Bay Park water intake pipe project site stabilized for the winter.
- Selectboard invited to the Town luncheon on Monday, 12/17/2007 at 11:30 a.m.
- Legislative Breakfast schedule: 01/07/2008, 02/11/2008 & 03/17/2008. Interested Board members should sign up.
- Budget Work session on 1/03/2008 at 7:00 p.m.
- Joint budget meeting with the Shelburne Community School Board scheduled on 1/23/2008.
17. MEMBER CONCERNS Mr. Boyd announced he is not seeking re-election to the Selectboard due to work commitments. Mr. Roesler stated his intention to seek election to the three year term on the Selectboard leaving the two year term on the Board available. 18. ADJOURNMENT MOTION by Mr. Boyd, seconded by Mr. Smith, to adjourn the meeting. VOTE: unanimous (4-0); motion carried. The meeting adjourned at 9:45 p.m. RScty: K.Furr
January 2007 Selectboard 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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