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minutes

January 2008

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

January 8, 2008
 
MEMBERS PRESENT:       Jim Talley, Chairperson; Robert Roesler, Bill Smith, Chris Boyd, Jane McKnight.
ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer.
OTHERS PRESENT:            Rep. Joan Lenes, Joe Damiata, Rep. Joyce Errecart, Rob Donahue, H Wright Caswell, Ken Edwards, Steve Antionzzi, 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.      PRESENTATION BY REPRESENTATIVE OF VERMONT LEAGUE OF CITIES AND TOWNS (VLCT) ON SYMBOLIC “LEADER CHECK” FOR THE TOWN’S PARTICIPATION IN THE VLCT’S LEADER WELLNESS PROGRAM
Joe Damiata, VLCT, presented the town with a check in the amount of $11,824 in recognition of the town’s participation in the VLCT Leader Wellness Program.
 
5.         DISCUSSION WITH STATE REPRESENTATIVES JOYCE ERRECART AND JOAN LENES ON TOPICS OF INTEREST BEFORE THE STATE GENERAL ASSEMBLY
Rep. Joyce Errecart reported on priorities that include high fuel costs, high property taxes, high health care/insurance costs, creation of good jobs, and road/bridge/public safety improvements. The proposal to consider relaxing the state’s marijuana law is a useless discussion since federal law prevails. Rep. Joan Lenes noted her assignment to the Institutions and Corrections Committee. Issues facing the committee include state building needs, state hospital issues, affordable housing, and consideration of resources conservation.  Citizen concerns regarding the rebate/prebate issues have been heard, assured Rep. Lenes. Townspeople can meet with Ms. Errecart and Ms. Lenes at Brugger’s Bagels in Shelburne every Tuesday morning or in Montpelier during the legislative session.
 
Following a discussion on Act 60 and Act 68 that included spending issues and concerns, Ms. Errecart encouraged the Selectboard to hold joint meetings with the Shelburne Community School Board.
 
6.         PUBLIC HEARING AND CONSIDERATION OF ADOPTING THE TOWN’S CAPITAL IMPROVEMENT PROGRAM
Mr. Frankenburg gave a presentation on the revised Capital Improvement Plan. Department heads and the Shelburne Bike and Pedestrian Paths Committee had input to the CIP. In response to questions regarding computation of impact fees, Mr. Frankenburg explained as the CIP is amended impact fees for projects can be re-computed. There was discussion of national service standards for the miles of bike/pedestrian paths based on population compared to current Shelburne path mileage, and how this information is used to develop the impact fee for these projects.  The total debt resulting from projects in the CIP was discussed
 
MOTION by Mr. Roesler, seconded by Mr. Boyd, to adopt the Shelburne Capital Improvement Program as revised.
DISCUSSION: Mr. Roesler stated ‘place holder’ items in the CIP must be included per state statutes. Ms. McKnight said she assumed the Fire/Rescue place holder would not be done in one year. Mr. Bohne stated the CIP budget assumes costs will be spread out over a 20-year bond.
VOTE: unanimous (5-0); motion carried.
 
7.         CONSIDER APPEALING TO THE DIVISION OF VALUATION AND REVIEW FOR REDETERMINATION OF THE EQUALIZED EDUCATION PROPERTY VALUE FOR THE TOWN OF SHELBURNE
Mr. Bohne reported the state forwards an equalized education property value to the town annually. There is a 30-day appeal period. Staff is asking the Board to approve an appeal of the state report so staff has time to review the report. Property sales during the past year will be reviewed and anomalies identified that might skew the town’s CLA (for example, a family sale or fire sale). January 13, 2008 is the appeal deadline. Mr. Frankenburg reported the town’s CLA is 78.28 percent. The state mandates a town to do a reassessment when the CLA drops below 80 percent.
 
Rep. Errecart commented escalating lakeshore property sales are a concern. Inland property values are affected by the increase in lakeshore values, but may not have the same increase in value as lakefront property.
 
MOTION by Mr. Smith, seconded by Ms. McKnight, to give approval to appeal to the Division of Valuation and Review for a redetermination of the equalized education property value for the Town of Shelburne. VOTE: unanimous (5-0); motion carried.
 
8.         DISCUSSION OF FISCAL YEAR 2009 BUDGET
Mr. Bohne stated the draft FY2009 budget compares last year’s budget to the proposed new budget. Mr. Frankenburg provided copies of the proposed FY2008-09 budget showing changes in amount raised by taxes. The Unreserved Fund balance of $538,722 could be used to lower the tax rate. The Unreserved Fund balance is a snapshot in time and can change. Mr. Bohne explained past practice to maintain five percent of the Unreserved Fund balance as a rainy day fund. The town is entering a reappraisal year and as a part of the appeal process property owners can appeal their assessed values. Appeals affect the Grand List.
 
Mr. Bohne reviewed potential increases in revenues (increased mooring fees, zoning fees, recreational field rentals, and possibly Town Center and Town Hall fees). A reduction in speeding and truck weighing fees is anticipated by the Police Department. Legal fees may decrease if VELCO issues are resolved. The Fire Department reduced an expense of $3,000 for health club memberships. Other noted changes in expenses are reduction of drainage projects in the Highway Department budget and potentially adding a part-time position to assist the Financial Officer. A possible project involving the sewer line on the first floor of the Town Center building was mentioned. Solutions to correct the flow of the line are being explored. The impact to the expense budget could be an increase of up to $15,000. The Natural Resources Committee will forward their projects and open space proposals.
 
Rob Donahue, Bike and Pedestrian Paths Committee, explained the expense noted in the Highway and Public Works budgets for the proposed path on Webster Road. Letters of support from Webster Road residents were submitted to the Town. Mr. Frankenburg clarified the project will be a separate bond vote versus an operating expense.
 
H. Wright Caswell, Farmstead Homeowners Association, commented the Webster Road path project is a long time coming and is a huge capital expense. Eight major neighborhoods will be affected and many kids will benefit from the path. Mr. Caswell urged the town to start the project, citing progress in other Chittenden County towns with regard to the number/miles of paths versus those in Shelburne. The “Paths to School” program is a nice start for alternative transportation, but many children walk/bike to school on Webster Road which is a dangerous road without a path.
 
Ken Edwards, Webster Road resident, recalled the Paths Committee received a state grant. The project cost is $726,000. (It was clarified the $300,000 grant is part of the project cost of $726,000 which is part of a $3 million project.) Mr. Edwards also pointed out in 2001, the Boulder Hill developer was given an impact fee waiver, but the town has not done the path so essentially the developer was given a free ride. Mr. Roesler clarified the developer, Bart Frisbee, donated 32 acres of land in exchange for the waiver and there is some infrastructure in place. There was brief discussion of estimated engineering costs of the Webster Road project (a place holder for contingency related to the Koch-Clark house situation whereby the house may be moved or the path located behind the Koch-Clark property). Mr. Talley acknowledged comments from residents along Webster Road, but stressed the Board must also consider the taxpayers who live far from the path. An option might be an assessment district similar to the sewer district.
 
Mr. Bohne stated discussions will continue with regard to a potential bond issue and debt service in up-coming budget work sessions. Ms. McKnight asked for a written analysis of the Police Department overtime line item. Mr. Bohne stated the Police Department is understaffed, but on budget. If the department was fully staffed overtime could be controlled. Dispatch is fully staffed and under budget for overtime.
 
9.         CONSIDER PASSING RESOLUTION SUPPORTING TOWN PARTICIPATION IN AND RECERTIFICATION OF THE LAKE CHAMPLAIN BYWAY AND APPOINTING DEAN PIERCE TO THE PLANNING AND IMPLEMENTATION COMMITTEE
MOTION by Mr. Roesler, seconded by Ms. McKnight, to pass the resolution supporting town participation in and recertification of the Lake Champlain Byway as presented. VOTE: unanimous (5-0); motion carried.
 
MOTION by Mr. Roesler, seconded by Mr. Smith, to appoint the Town Planner to the Planning and Implementation Committee for the Lake Champlain Byway. VOTE: unanimous (5-0); motion carried.
 
10.       CONSIDER APPROVING MINUTES OF 12/11/2007
MOTION by Mr. Smith, seconded by Ms. McKnight, to approve the Selectboard minutes of 12/11/2007 with the following correction:
Page 2, 1st sentence - change to read “…the issue was not before the Selectboard, which has no jurisdiction with the problem and …”.
VOTE: 4 ayes, 1 abstention (Mr. Talley); motion carried.
 
11.       MANAGER’S REPORT
Mr. Bohne reported the Town was asked to forward input regarding the Champlain Quadra Centennial event.
 
The Planning Commission warned a public meeting on 1/31/2008 as the first hearing on the zoning bylaw revisions. It will take at least two meetings to review the proposed bylaws. The Town Planner would like Selectboard involvement and drafted a summary memo of the revisions for the Planning Commission. It is suggested the Board review a revised memo after the 01/31/2008 hearing.
 
12.       MEMBER CONCERNS
-Mr. Smith noted large trucks are running red lights and speeding on Route 7 in the Village. The police need to monitor the situation.
-Ms. McKnight asked if residents are utilizing the Selectboard e-mail link on the town website.
-Mr. Boyd reported the screening on the Shelburne Athletic Club building is rusting again. The town may want to take a different approach to the matter this time.
 
13.       ADJOURNMENT/EXECUTIVE SESSION
MOTION by Mr. Roesler, seconded by Mr. Smith, to recess the regular meeting and enter Executive Session for the purpose of discussing personnel matters, and to invite the Town Manager and Financial Officer to attend. VOTE: unanimous (5-0); motion carried.
 
The regular meeting was recessed and Executive Session convened at 9:50 p.m.
 
MOTION by Mr. Roesler, seconded by Mr. Smith to adjourn the Executive Session.
VOTE: unanimous (5-0); motion carried.
The Executive Session was adjourned at 9:55 p.m.
 
RScty: KFurr
 
 
Accepted.
 
 
Jim Talley
For the Shelburne Selectboard

Draft
 TOWN OF SHELBURNE
SELECTBOARD
MINUTES OF SPECIAL BUDGET MEETING
JANUARY 10, 2008
 
MEMBERS PRESENT:   Jim Talley, Chairperson, Bob Roesler, Chris Boyd, Bill Smith and Jane McKnight.
ADMINISTARATION:   Paul Bohne, Town Manager and Peter Frankenburg, Finance Director.
OTHERS PRESENT:       Natural Resource and Conservation Committee members Gail Albert, Bill White, Rad Romeyn, Sean MacFaden, Persis Worrall and Peg Rosenau.
 
 
1.   CALL TO ORDER  
Mr. Talley called the meeting to order at 7:06 p.m.
 
2.   CHANGES TO THE AGENDA
None.
 
3.   CITIZEN PARTICIPATION
None
 
4.   EXECUTIVE SESSION
Motion by Mr. Roesler, seconded by Mrs. McKnight, to enter into executive session for the purposes of discussing possible real estate transactions and to invite the Town Manager and members of the Natural resources and Conservation Committee to attend. VOTE: 5-0; motion carried.
The Board returned to open session at 7:50.
 
5.   BUDGET DISCUSSION
Mrs. Albert passed out the new publication of the Open Space Plan. She then spoke of the Committees request for $50,000 for the Open Space Fund and $1,000 for the Committees operating budget. Members of the Committee and the Board discussed various funding scenarios including a ballot vote and requesting bonding authority. Discussion followed about the amount and types of land that has been conserved in Shelburne. The Committee then left the meeting.
 
Mr. Bohne passed out copies of the ballot article that was placed on the South Burlington ballot to request authorization for the City Council to enact a sales tax. The Board discussed the pros and cons of such a tax in Shelburne and agreed to place the issue on the April agenda.
 
The Board than reviewed the budgets for each department ending their review with the  Public Works budget. A tentative agreement was reached to establish the budget for legal services at $35,000.
 
6.   ADJOURNMENT
MOTION by Mr. Roesler, seconded by. Boyd, to adjourn the meeting.VOTE:unanimous (4-0);motion carried.
 
The meeting adjourned at 9:52.
 
Respectfully Submitted,
Paul W. Bohne III, Town Manager
 
Accepted,
 
 
Jim Talley
For the Shelburne Selectboard
 

Draft
TOWN OF SHELBURNE
SELECTBOARD
MINUTES OF SPECIAL BUDGET MEETING
JANUARY 15, 2008
 
 
MEMBERS PRESENT:  Jim Talley, Chairperson, Bob Roesler, Bill Smith and Jane McKnight.
ADMINISTRATION:      Paul Bohne, Town Manager, Peter Frankenburg, Finance Director, Jim Warden, Police Chief and Al Fortin, Police Sargeant.
OTHERS PRESENT:      Chris Preston, Shelburne News and Terry McKnight
 
1.  CALL TO ORDER
Mr. Talley called the meeting to order at 7:08.
 
2.  CHANGES TO THE AGENDA
None
 
3.  CITIZENS PARTICIPATION
None
 
4.  BUDGET DISCUSSION
Mr. Bohne introduced the issue of scheduling in the Police Department. He emphasized the complexity of both the payroll and the scheduling due to the multiple shifts and the need of officers to receive the benefit time that they have earned. He stated that overtime is a major part of the cost of the Department and is currently running about 12 % of total pay (excluding special duty).  He further pointed out that Mr. Frankenburg and he had worked with the Chief and staff last year to provide a thorough analysis of the overtime issue and had issued a memo and chart that still applied to the current situation. While the review this year was from a bit different approach, the results were about the same.
 
Sgt. Fortin informed the Board regarding the many issues affecting scheduling and overtime. Chief Warden also discussed various related matters.
 
The Board then reviewed the remainder of the expenses for each department.
 
5.  ADJOURNMENT
MOTION by Mr. Roesler, seconded by Mr. Smith, to adjourn the meeting. VOTE: unanimous (4-0); motion carried.
 
The meeting adjourned at 9:45 p.m.
 
Respectfully submitted,
Paul W. Bohne III, Town Manager
 
Accepted,
 
 
Jim Talley,
For the Selectboard

Draft
TOWN OF SHELBURNE
SELECTBOARD
MINUTES OF SPECIAL BUDGET MEETING
JANUARY 17, 2008
 
MEMBERS PRESENT: Jim Talley, Chairperson, Bob Roesler, Chris Boyd and Bill Smith
ADMINISTRATION:     Paul Bohne, Town Manager and Peter Frankenburg, Finance Director.
OTHERS PRESENT:     Chris Preston, Shelburne News and Members of the Bicycle and Pedestrian Path Committee, Rob Donahue, Chairperson, Steve Antinozzi, Kate Lalley and Gabriela Meyer.
  
1.  CALL TO ORDER
Mr. Talley called the meeting to order at 7:30 p.m.
 
2.  CHANGES TO THE AGENDA
None.
 
3.  CITIZEN PARTICIPATION
None.
 
4.  BUDGET DISCUSSION
Mr. Frankenburg shared a spread sheet showing the general fund debt and payments.
 
Mr. Bohne then reviewed a chart showing 5 projects and which he believed were priorities if the Board were to consider including them in the Warning for a bond vote at March 2008 Town Meeting.
 
Discussion followed involving members of the Path Committee and the Selectboard. The Path Committee felt that the Harbor Road sidewalk project was a higher priority than the bike lanes on Spear Street but encouraged the Board to include them all.
 
Mr. Frankenburg then shared a table showing 10, 15 and 20 year amortization schedules for the proposed bond.
 
The Board tentatively decided to include all 5 projects and proposed recommending a bond to be amortized over 15 years.
 
Mr. Frankenburg then reviewed the changes tentatively agreed to at previous budget sessions and various refinements made by staff. He then shared a table itemizing various capital projects scheduled to be included in the Fy 2009 Budget. The Board tentatively agreed to apply sufficient Fund Balance to the Fy 2009 Budget to approach a budget that did not require an increase in the tax rate to support that budget.
 
MOTION BY Mr. Smith, seconded by Mr. Roesler to enter executive session for the purpose of discussing personnel and to invite the Town Manager and the Finance Director to Attend. VOTE: Unanimous (4-0); motion carried.
 
The Board returned to open session at 9:50.
 
6. ADJOURNMENT
MOTION by Mr. Boyd, seconded by Mr. Smith, to adjourn the meeting. VOTE: unanimous; (4-0); motion carried.
 
The meeting adjourned at 9:50.
 
Respectfully Submitted,
Paul W. Bohne III, Town Manager
 
 
Accepted,
 
 
Jim Talley
For the Selectboard

TOWN OF SHELBURNE
 
WARNING
ANNUAL TOWN MEETING
 
 The legal voters of the Town of Shelburne are hereby notified and warned to meet at the Shelburne Community School in said town on Monday, March 3, 2008, at 7:30 P.M. to act upon any of the following articles not involving voting by Australian Ballot; said meeting to be adjourned and to reconvene in the Municipal Offices in said Town on Tuesday, March 4, 2008 to vote for Town Officers and to transact any business involving voting by Australian Ballot to begin at 7:00 A.M. and to close at 7:00 P.M.
 
Article I            To hear and act on the report of the Town officers and the Auditor’s report for the budgetary period July 1, 2006 through June 30, 2007 [FY2007].
 
Article II           Shall the Shelburne Selectboard be authorized to borrow money by issuance of bonds or notes not in excess of anticipated revenues for the next fiscal year?
 
Article III        Shall the voters of Shelburne authorize the Chief of its Fire Department to enter into agreements with other such duly authorized fire departments or any private or volunteer department as appropriate to provide mutual aid protection?
 
Article IV         Will the voters determine the compensation to be paid to the Selectboard for Fiscal Year 2008-2009?
  [Note:  Current salaries are Chair $ 500.00, all others are $ 400.00 .]
 
Article V          To transact any other business proper to come before said meeting.
 
  
BALLOT QUESTIONS
 
Article VI         To elect all Town officers as required by law.
 
Article VII        Shall the Town adopt the Selectboard’s proposed budget of $ 6,472,965 of which $ 4,467,769 is to be raised by taxes?
 
Article VIII     Shall the bonds of the Town of Shelburne, in the amount not to exceed $1,100,000.00 be issued for the purpose of acquiring easements and constructing a bicycle/pedestrian path on Webster Road, sidewalks on Harbor and Mt. Philo Roads and complete bike lanes on both sides of Spear Street from Irish Hill Road to the Shelburne/ South Burlington Town Line?
  
Article IX       Shall the voters of Shelburne levy a special assessment on properties located within the Bay Road Sewer Assessment District as shown on a plan entitled, “Proposed Sanitary Improvements, Bay Road, in an amount not to exceed $175,000.00, which shall be apportioned among such properties in equal portions?
 
Article X         Shall the bonds of the Town of Shelburne, in the amount not to exceed $175,000.00 be issued for the purpose of acquiring easements and constructing a sanitary sewer on Bay Road?
 
Article XI         Shall the Town raise taxes in the amount of $ 35,000.00 for the purpose of obtaining options and/or the acquisition of lands, or those rights in land, which would preserve open space and natural resources; any unexpended portion of such sum to be placed in the Open Space Fund?
 
Dated at Shelburne, Vermont this 23rd Day of January, 2008.
                 
 
James Talley, Chair ;  William Smith;    Robert Roesler ;     Chris Boyd;   Jane McKnight 
SELECTBOARD
 
 
Filed this 24th day of  January, 2008 in the office of the Shelburne Town Clerk.
 
  
______________________________
         Colleen Haag, Town Clerk
 

                          RESOLUTION
  
     WHEREAS, the Selectboard of the Town of Shelburne has determined that the public interest of the Town requires acquiring easements and constructing a sanitary sewer to serve seven homes on Bay Road between Yacht Haven Drive and the Railroad Overpass.   
     WHEREAS, the Town estimates that accomplishment of the above-described projects will cost the Town approximately one hundred and seventy five Thousand Dollars ($175,000.00); and
    WHEREAS, the cost of completing such projects is too great to be paid out of the ordinary annual income and revenue of the Town of Shelburne; and
    WHEREAS, the Selectboard has determined that authority to incur bonded debt is required to pay the cost of completing the above-described projects;
    NOW, THEREFORE, it is hereby resolved by the Selectboard of the Town of Shelburne that the proposition of incurring bonded debt be submitted to the qualified voters of the Town of Shelburne in the foregoing form:
Shall the bonds of the Town of Shelburne, in the amount not to exceed $175,000.00 be issued for the purpose of acquiring easements and constructing a sanitary sewer on Bay Road?
 
   IT IS FURTHER RESOLVED, that a vote on said proposition be conducted by Australian ballot at the annual town meeting to be held on March 4, 2008, at the Shelburne Village School, at which meeting the polls will open at 7:00 in the forenoon and close at 7:00 in the afternoon.
  IT IS FURTHER RESOLVED, that notice of the above-mentioned Australian ballot vote shall be published in The Shelburne News on February 14th, 21st, and 28th, 2008, and that notice of the vote shall be posted on or before February 1st, 2008 in the following five (5) public places in the Town of Shelburne:
     Shelburne Supermarket
     Shelburne Post Office
     Shelburne Town Clerk's Office
     Chittenden Bank
     Shelburne Discount Beverage
     IT IS FURTHER RESOLVED, that the Selectboard shall hold a public hearing on the above-mentioned Australian Ballot vote on March 3rd, 2008 at the Town Hall, beginning at  7:00 P.M.
     Dated at Shelburne, Vermont, this ____ day of January, 2008.
                        TOWN OF SHELBURNE SELECTBOARD
 
                        _______________________________
                        James Talley
 
                        _______________________________
                        William Smith
 
                        _______________________________
                        Robert Roesler
 
                        _______________________________
                        Chris Boyd
 
                        __________________________________
                        Jane McKnight
 
Received and Recorded
this _____ day of January, 2008.
 
___________________________
Colleen T. Haag, Town Clerk
 
she08-001.for

                          RESOLUTION
 
 
     WHEREAS, the Selectboard of the Town of Shelburne has determined that the public interest of the Town requires acquiring easements and constructing: (1) a bicycle/pedestrian path on Webster Road, (2) sidewalks on Harbor and Mt. Philo Road, and (3) a bike lane on the east side of Spear Street from Bishop Road to the Shelburne/South Burlington Town Line; and
   WHEREAS, the Town estimates that accomplishment of the above-described projects will cost the Town approximately one million, one hundred Thousand Dollars ($1,100,000.00); and
  WHEREAS, the cost of completing such projects is too great to be paid out of the ordinary annual income and revenue of the Town of Shelburne; and
   WHEREAS, the Selectboard has determined that authority to incur bonded debt is required to pay the cost of completing the above-described projects;
   NOW, THEREFORE, it is hereby resolved by the Selectboard of the Town of Shelburne that the proposition of incurring bonded debt be submitted to the qualified voters of the Town of Shelburne in the foregoing form:
Shall the bonds of the Town of Shelburne, in the amount not to exceed   $1,100,000.00 be issued for the purpose of acquiring easements and constructing a bicycle/pedestrian path on Webster Road, sidewalks on Harbor and Mt. Philo Road and a bike lane on the east side of Spear Street from Bishop Road to the Shelburne/South Burlington Town Line?
 
     IT IS FURTHER RESOLVED, that a vote on said proposition be conducted by Australian ballot at the annual town meeting to be held on March 4, 2008, at the Shelburne Village School, at which meeting the polls will open at 7:00 in the forenoon and close at 7:00 in the afternoon.
     IT IS FURTHER RESOLVED, that notice of the above-mentioned Australian ballot vote shall be published in The Shelburne News on February 14th, 21st, and 28th, 2008, and that notice of the vote shall be posted on or before February 1st, 2008 in the following five (5) public places in the Town of Shelburne:
     Shelburne Supermarket
     Shelburne Post Office
     Shelburne Town Clerk's Office
     Chittenden Bank
     Shelburne Discount Beverage
     IT IS FURTHER RESOLVED, that the Selectboard shall hold a public hearing on the above-mentioned Australian Ballot vote on March 3rd, 2008 at the Town Hall, beginning at  7:00 P.M.
     Dated at Shelburne, Vermont, this ____ day of January, 2008.
                        TOWN OF SHELBURNE SELECTBOARD
 
                        _______________________________
                        James Talley
 
                        _______________________________
                        William Smith
 
                        _______________________________
                        Robert Roesler
 
                        _______________________________
                        Chris Boyd
 
                        __________________________________
                        Jane McKnight
 
Received and Recorded
this _____ day of January, 2008.
 
___________________________
Colleen T. Haag, Town Clerk
 
she08-001.for

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

January 22, 2008
 
MEMBERS PRESENT:       Jim Talley, Chairperson; Robert Roesler, Bill Smith, Chris Boyd. (Jane McKnight was absent).
ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer.
OTHERS PRESENT:            Gail Albert, Ken Albert, Kevin Clayton, Derrick Senior, Gillian Senior, Anne M. August, Ellin London, Dick and Ginny Wlaters, Maria Horn, Jed Graef, Marcela Pino, Thea & Bob Platt, Sue Dixon, Setphen Selin, Leslie Borrok, Kathy Soulia, Persis Worrall, Chris Preston (Shelburne News).
 

EXECUTIVE SESSION
The Board met in Executive Session at 6:30 p.m. to discuss personnel matters.
 
1.         CALL TO ORDER (regular meeting)
Chairman Jim Talley called the regular meeting to order at 7:10 p.m.
 
2.         CHANGES TO AGENDA
Add:  Item 5.A – Discussion of Proposed Bond Issue.
                                                                                             
3.         CITIZEN PARTICIPATION
None.
 
4.      PRESENTATION ON DIGITALIZATION OF TOWN RECORDS
Colleen Haag briefed the Board on the ongoing project of digitalizing the town’s land records. Following thorough research of various companies (five vendors contacted), staff determined ACS offers the best product, pricing, and service. ACS will provide volumes, paper, service, hardware, software, and upgrades as part of the per document cost. Shelburne’s records will be scanned and a computerized index produced. The approval by the Vermont legislature of $1 per page for digitalization of records will cover the program’s cost. ACS will allow the records to be recorded on a per document cost and agreed to lock into a five year price for the project. The town hopes to digitalize the past 40 years worth of records. ACS has been in business since 1878 and was the first to do computerized land records (in 1979) and put a desk top computer in a town clerk’s office (in 1981). Following digitalization the records will be readily available via CD-Rom and flash drive. The existing (undigitalized) records will be sent to ACS to be digitalized. Back-up copies will be stored in secure storage by ACS (in a mountain in Pennsylvania).  A gentleman who worked for ACS explained his work with digitalization of records and spoke in support of the company’s service. ACS is the third largest IT company in the world.
 
5.         CONSIDER PLACING AMOUNT OF ANNUAL FINANCIAL SUPPORT FOR OPEN SPACE FUND IN FY2008-2009 GENERAL FUND BUDGET
Jim Talley recalled a previous Selectboard approved the Open Space Conservation Plan which is now part of town policy. The current Selectboard feels because the plan is town policy the Open Space Fund should be a budget line item rather than an open item voted separately each year.  Chris Boyd added the item should be discussed during the budget sessions which are open to the public, but unfortunately not many people attend these sessions.
 
There was lengthy discussion on whether funds for the Open Space Fund should be part of the budget as a line item or presented to the public as a separate ballot item to be voted annually at town meeting. Concern was expressed by many attendees that as a budget item the amount could vary and with changes to the Selectboard support of the fund could change as well. The majority of the individuals who commented spoke in support of not making any change to the existing situation (i.e. allowing the item to be a separate article voted by the public not a line item in the budget which is approved by the Selectboard). Jim Talley explained all fund transfers are in the budget and for consistency the Board felt the Open Space Fund should be treated in the same manner. The proposal is to include $185,225 in fund deposits for Open Space in the budget to be consistent with the other funds in the budget (Buildings & Grounds, Bay Park, Police Cruiser, Capital Equipment Dispatch Center, Highway Equipment Replacement, Tractors & Mowing Equipment Cemetery). Concern was repeatedly expressed by the public in attendance that including the Open Space money in the General Fund will result in fewer people being involved in the decision on use of the funds versus having a general vote by the townspeople on the item. The town needs to have the flexibility to secure property that may cost more that what is budgeted. Jim Talley responded that the budget is voted once a year. A special vote would be needed for something outside of the budget. It was noted the Open Space Fund is a dedicated fund for open space and cannot be used otherwise. Jim Talley further explained the difference between saving money in the Open Space Fund until there is a purchase desired by the town, and saving money in the equipment replacement fund which is expended per the equipment replacement schedule.
 
There was continued discussion and concern that money for open space as a line item in the general budget could be less than what the townspeople want. It was stressed the townspeople have indicated their support for open space.  Mr. Roesler assured the Selectboard acknowledges town support of open space. The process followed by the town  in purchasing land is to facilitate an option and down payment based on the money in the fund and then a bond issue if necessary.  Gail Albert, Shelburne Natural Resources Committee, clarified since 1994 the town has not had to bond for purchases due to the money saved and leveraged in the Open Space Fund. Typically negotiations take place with a landowner many years prior to purchase. Remaining open space is under pressure from developers who could outbid the town. Ms. Albert spoke in support of having open space funds voted as a separate ballot item so money can be saved in the fund and be readily available, and also so the town does not have to seek a bond. Kevin Clayton also spoke in support of a ballot item so the public can see what is happening to preserve open space each year.  A ballot item vote allows people to feel they are actively contributing and participating.  There was additional comment and emphasis of the commitment by the townspeople to preserving open space. It was noted the current procedure of voting open space funds via a separate ballot has had success for the past 18 years. The process works and should not be “fiddled with”. There is concern that as the membership on the Selectboard changes, there is risk of a change of funding in the line item in the budget.  The amount for open space in the 2007-2008 budget is $22,000, but $76,000 has been the average amount on the ballot over the years. More pressure for development of open land can be expected. Strong support of open space is needed. The entire town should be allowed to vote on the item as a separate ballot item.
 
The Board was asked why the change is proposed. Jim Talley explained including the funds as a line item in the budget represents a stronger conviction from town government that it is important as town policy to become part of the process. Robert Roesler reiterated the Open Space Plan has been adopted as part of public policy which was not so in the past. The Open Space funds will be treated the same as the other dedicated funds (for town equipment). Mr. Talley noted there is already a $1 million bond issue on the ballot to be voted by the public this year. There was further discussion of open space and the need to have flexibility to react quickly to the real estate market as well as the importance of having public discourse and the issue being well discussed by the townspeople as a whole. Ken Albert urged the Selectboard to listen to the people and not make the change; let the issue be voted as a separate ballot item.  Bill Smith confirmed support by the Selectboard of funding for open space, but the Board must also look at what is sustainable by the taxpayers. With an annual ballot item taxpayers do not know what they are getting. The voters should vote on parcels of land important to them so the town secures the specific land parcel wanted as open space. Decisions are needed on how much is enough, what is sustainable, and whether to transfer the fund balance to actually voting on the purchase of a parcel of land. Concern was again expressed by the public in attendance about change in the Selectboard membership and/or the Town Manager which could result in a change in support of open space. The voice of the people is expressed via vote on the issue by separate ballot. Suggestion was made to allow discussion of the proposed change (from separate ballot item to inclusion in the budget as a line item) at the town meeting or at a future Selectboard meeting.  Support for no change to the current handling of the Open Space Fund contribution was reaffirmed by attendees.
 
MOTION by Robert Roesler, SECOND by Bill Smith, to remove the Open Space Fund as a line item in the budget and make this a separate ballot item.
DISCUSSION: Mr. Roesler felt the funds should be included in the budget as a line item, but the motion is made in respect to the comments heard regarding this being a new approach and the suggestion there be no change this year to the way the funds were handled in the past. Mr. Roesler expressed his support for the Open Space Plan and concept, and that this should (eventually) be part of the budget as is the savings/expenditure for police cars and highway trucks.  Jim Talley agreed the fund should be a budget line item because this represents a commitment for the town, but the issue can be a discussion item each year. The town may be at the same juncture next year.  Chris Boyd agreed, adding that public opinion is not taken away if the fund is a line item or a ballot item. The public can attend Selectboard meetings and/or petition a ballot item. Bill Smith acknowledged there were good points made on both sides of the argument and all sides must be heard in the debate. It is clear open space is a priority for the town. The issue is how to fund this. It is important to have public debate not just at the Selectboard level. Mr. Smith spoke in support of having more discussion on the matter at a future Selectboard meeting to provide the opportunity for both sides to be heard. There were no further comments.
VOTING:  unanimous (4-0); motion carried.
 
5.A      DISCUSSION OF PROPOSED BOND ISSUE
Jim Talley reported the Selectboard made a decision to put a bond item on the ballot for construction of paths and pedestrian sidewalks. The combined projects covered by the bond include Segments 4 & 4A of the path on Webster Road (Route 7 to Boulder Hill and Boulder Hill to Spear Street), sidewalk on Mount Philo Road from Marsett Road to Wild Ginger Road, sidewalk on the north side of Harbor Road from Spillane’s Mobil to McCabe Circle, and a bike lane on the east side of Spear Street from Bishop Road to the South Burlington town line. With Segment 4 of the Webster Road project, the path will go behind the Koch/Clark house and include a crosswalk on Webster Road at Acorn Lane. There is $608,000 in the budget for the project and $42,000 was added for aesthetic mitigation and security fencing. The budget for Segment 4A has been refined to $120,000. The total bond amount is $1.1 million. A revised amortization schedule was provided to the Board. Peter Frankenburg noted the rate is lower because only interest will be paid in 2008-2009. Payments in 2009-2010 will go toward principal as well. There will be fixed principal payments each year so payments will decrease over the life of the bond. The highest payment will be in 2009-2010 (1.1 cents on the tax rate). The average payment will be 9/10th of a cent on the tax rate over the 15 year life of the bond. Tax impact on a $300,000 house is $9 in the first year of the bond repayment, $33 in the second year, and an average of $27 over the 15 year life of the bond.
 
Paul Bohne reiterated the impact of the bond occurs in 2009. Also, staff is finding projects are being very competitively bid at this time and bond rates are the lowest in a long time so it may be a good time to do the bond issue and the project. Approximately 35% of the project is funded through grants and town labor. Following a question about the cost of maintenance, Mr. Bohne confirmed this matter has been taken into consideration. The paths are being built nearly to road standards so little maintenance is envisioned (perhaps repaving in 20 years). Plowing in winter is a decision the Board must make. The paths could be unplowed and used by cross-country skiers.  There was mention of liability to the town if the paths are not plowed. Mr. Bohne clarified the town has more exposure if plowing is done and someone gets hurt using the paths.
 
6.         CONSIDER SUPPORT OF RESOLUTION BY VERMONT COALITION OF MUNICIPALITIES re: VERMONT EDUCATION FINANCE AND PROPERTY TAX REFORM
Paul Bohne stated the town is not a member of the Vermont Coalition of Municipalities, but is a member of the Vermont League of Cities and Towns which supports the resolution being presented by the Coalition. The resolution is asking for discussion of whether the public education system should be primarily governed and financed locally or by the state because the present model does not work.
 
MOTION by Robert Roesler, SECOND by Bill Smith, to support the resolution by the Vermont Coalition of Municipalities regarding Vermont education finance and property tax reform.
DISCUSSION: The consensus of the Board is that the resolution will likely not make a difference unless the Vermont Supreme Court allows towns to spend what they want on education (i.e. repeal Act 60 and Act 68).
VOTING:  unanimous (4-0); motion carried.
 
7.         CONSIDER APPROVING MINUTES OF JANUARY 8, 10, 15, & 17, 2008
January 8, 2008 – Regular Meeting
MOTION by Robert Roesler, SECOND by Chris Boyd, to approve the 1/8/08 minutes as written. VOTING:  unanimous (4-0); motion carried.
 
January 10, 2008 – Special Budget Meeting
MOTION by Bill Smith, SECOND by Chris Boyd, to approve the 1/10/08 special budget meeting minutes as written. VOTING: unanimous (4-0); motion carried.
 
January 15, 2008 – Special Budget Meeting
MOTION by Bill Smith, SECOND by Robert Roesler, to approve the 1/15/08 special budget meeting minutes with the global correction of the spelling of “Roesler”. VOTING: 3 ayes, 1 abstention (Boyd); motion carried.
 
January 17, 2008 – Special Budget Meeting
MOTION by Chris Boyd, SECOND by Robert Roesler, to approve the 1/17/08 special budget meeting minutes with the global correction of the spelling of “Roesler”. VOTING: unanimous (4-0); motion carried.
 
8.         MANAGER’S REPORT
Paul Bohne reported the following:
  • A letter from Lynne McDonald, Guidance Dept. at Shelburne Central School, was received indicating the relationship between the town and school continues to be very positive.
  • A report was received from the Social Services Committee regarding funds ($17,000). The committee makes recommendations on the use of the funds.
9.         MEMBER CONCERNS
Chris Boyd mentioned a petition for the anticipated vacancy on the Selectboard has not been filed as yet and urged the townspeople to step forward to complete the five member board.
  
10.       ADJOURNMENT/EXECUTIVE SESSION
MOTION by Chris Boyd, seconded by Robert Roesler, to adjourn the regular meeting and convene Executive Session to discuss personnel matters, and to invite the Town Manager and Financial Officer to attend. VOTE: unanimous (4-0); motion carried.
 
The regular meeting was adjourned and Executive Session convened at 9 p.m.
 
RScty: M.E.Riordan
  
Accepted,
 
 
Jim Talley
For the Shelburne Selectboard
Draft
TOWN OF SHELBURNE
SPECIAL SELECTBOARD MEETING
MINUTES OF MEETING
JANUARY 23, 2008
 
MEMBERS PRESENT: Jim Talley, Chairperson; Robert Roesler, Bill
                                          Smith and Chris Boyd.
ADMINISTRATION:     Paul Bohne, Town Manager and Peter Frankenburg, Finance
                                          Director
OTHERS PRESENT:     Rad Romeyn, Lillian Stockman, Gail Albert, Persis Worrall,
                                          Bob Platt, Thea Platt, Steve Selin, Dick Walters Ginny
                                          Walters, Steve Antinozzi, Rob Donahue and Peg Rosenau
 
1.    CALL TO ORDER
 
Mr. Talley, Chairperson, called the meeting to order at 8:50p.m.
 
2.    CHANGES TO THE AGENDA
 
The Board added 4a, Town Meeting Warning, 4b, Resolution for the Bike/ Ped projects bond and 4c, the Resolution for the Bay Road Sewer Project bond.
 
3.    CITIZENS PARTICIPATION
None
 
4.    CONSIDER THE APPROVAL OF THE FISCAL YEAR 2008-2009 GENERAL FUND BUDGET TO BE CONSIDERED AT THE ANNUAL TOWN MEETING.*
 
MOTION by Mr. Roesler, seconded by Mr. Boyd, to approve the Budget.
Discussion ensued among the Board and those in attendance about the merits of increasing the amount of $22,000.00 that the Board placed in the ballot article, to $50,000.00. After a long discussion, Mr. Roesler moved the question
VOTE: unanimous (4-0); motion carried.
 
4a.  CONSIDER THE APPROVAL OF THE ANNUAL TOWN MEETING
        WARNING
 
MOTION by Mr. Roesler, seconded by Mr. Smith, to approve the Warning as presented.
There was further discussion on the amount to include in Article XI of the Warning.
Mr. Roesler withdrew his motion and Mr. Smith withdrew his second to that motion.
 
At the request of Mr. Boyd, the Board agreed to take separate votes on Articles VIII and XI.
 
MOTION by Mr. Roesler, seconded by Mr. Boyd to approve Articles I-VII and Articles IX and X as presented.
VOTE: unanimous (4-0); motion carried.
 
MOTION by Mr. Roesler, seconded by Mr. Smith, to approve Article VIII as presented.
VOTE: 3-1, Mr. Boyd voted no; motion carried.
 
MOTION by Mr. Roesler, seconded by Mr. Smith, to approve Article XI as presented in the amount of $22,000.00.
There was further discussion of the motion between the audience and the Board.
Mr. Roesler moved to amend his motion to change the amount in the Warning from $22,000.00 to $35, 000. Mr. Smith agreed to the amendment.
VOTE: 3-1, Mr. Boyd voted no; motion carried.
 
4b.   CONSIDER THE APPROVAL OF A RESOLUTION FOR THE BIKE/PED
        PROJECTS BOND
 
MOTION by Mr. Roesler, seconded by Mr. Smith, to approve a resolution for the Bike/Pedestrian paths projects bond as drafted.
VOTE:  unanimous (4-0); motion carried.
 
4c.   CONSIDER THE APPROVAL OF A RESOLUTION FOR THE BAY ROAD
        SEWER PROJECT BOND
 
MOTION by Mr. Roesler, seconded by Mr. Smith, to approve a resolution for the Bay Road sewer project bond as drafted.
VOTE:  unanimous (4-0); motion carried.
 
5.    ADJOURNMENT
 
MOTION by Mr. Roesler, seconded by Mr. Smith to adjourn the meeting.
VOTE: unanimous (4-0); motion carried.
 
 
The meeting was adjourned at 10:40 p.m.
 
Respectfully Submitted,
Paul W. Bohne III, Town Manager
 
Accepted,
 
 
Jim Talley
For the Selectboard
 
 
RESOLUTION
 
 
     WHEREAS, the Selectboard of the Town of Shelburne has determined that the public interest of the Town requires acquiring easements and constructing a sanitary sewer to serve seven homes on Bay Road between Yacht Haven Drive and the Railroad Overpass.   
     WHEREAS, the Town estimates that accomplishment of the above-described projects will cost the Town approximately one hundred and seventy five Thousand Dollars ($175,000.00); and
     WHEREAS, the cost of completing such projects is too great to be paid out of the ordinary annual income and revenue of the Town of Shelburne; and
     WHEREAS, the Selectboard has determined that authority to incur bonded debt is required to pay the cost of completing the above-described projects;
     NOW, THEREFORE, it is hereby resolved by the Selectboard of the Town of Shelburne that the proposition of incurring bonded debt be submitted to the qualified voters of the Town of Shelburne in the foregoing form:
Shall the bonds of the Town of Shelburne, in the amount not to exceed $175,000.00 be issued for the purpose of acquiring easements and constructing a sanitary sewer on Bay Road?
 
     IT IS FURTHER RESOLVED, that a vote on said proposition be conducted by Australian ballot at the annual town meeting to be held on March 4, 2008, at the Shelburne Village School, at which meeting the polls will open at 7:00 in the forenoon and close at 7:00 in the afternoon.
     IT IS FURTHER RESOLVED, that notice of the above-mentioned Australian ballot vote shall be published in The Shelburne News on February 14th, 21st, and 28th, 2008, and that notice of the vote shall be posted on or before February 1st, 2008 in the following five (5) public places in the Town of Shelburne:
     Shelburne Supermarket
     Shelburne Post Office
     Shelburne Town Clerk's Office
     Chittenden Bank
     Shelburne Discount Beverage
     IT IS FURTHER RESOLVED, that the Selectboard shall hold a public hearing on the above-mentioned Australian Ballot vote on March 3rd, 2008 at the Town Hall, beginning at  7:00 P.M.
     Dated at Shelburne, Vermont, this ____ day of January, 2008.
                        TOWN OF SHELBURNE SELECTBOARD
 
                        _______________________________
                        James Talley
 
                        _______________________________
                        William Smith
 
                        _______________________________
                        Robert Roesler
 
                        _______________________________
                        Chris Boyd
 
                        __________________________________
                        Jane McKnight
 
Received and Recorded
this _____ day of January, 2008.
 
___________________________
Colleen T. Haag, Town Clerk
 
she08-001.for
 
 
 
RESOLUTION
 
 
     WHEREAS, the Selectboard of the Town of Shelburne has determined that the public interest of the Town requires acquiring easements and constructing: (1) a bicycle/pedestrian path on Webster Road, (2) sidewalks on Harbor and Mt. Philo Road, and (3) a bike lane on the east side of Spear Street from Bishop Road to the Shelburne/South Burlington Town Line; and
     WHEREAS, the Town estimates that accomplishment of the above-described projects will cost the Town approximately one million, one hundred Thousand Dollars ($1,100,000.00); and
     WHEREAS, the cost of completing such projects is too great to be paid out of the ordinary annual income and revenue of the Town of Shelburne; and
     WHEREAS, the Selectboard has determined that authority to incur bonded debt is required to pay the cost of completing the above-described projects;
     NOW, THEREFORE, it is hereby resolved by the Selectboard of the Town of Shelburne that the proposition of incurring bonded debt be submitted to the qualified voters of the Town of Shelburne in the foregoing form:
Shall the bonds of the Town of Shelburne, in the amount not to exceed   $1,100,000.00 be issued for the purpose of acquiring easements and constructing a bicycle/pedestrian path on Webster Road, sidewalks on Harbor and Mt. Philo Road and a bike lane on the east side of Spear Street from Bishop Road to the Shelburne/South Burlington Town Line?
 
     IT IS FURTHER RESOLVED, that a vote on said proposition be conducted by Australian ballot at the annual town meeting to be held on March 4, 2008, at the Shelburne Village School, at which meeting the polls will open at 7:00 in the forenoon and close at 7:00 in the afternoon.
     IT IS FURTHER RESOLVED, that notice of the above-mentioned Australian ballot vote shall be published in The Shelburne News on February 14th, 21st, and 28th, 2008, and that notice of the vote shall be posted on or before February 1st, 2008 in the following five (5) public places in the Town of Shelburne:
     Shelburne Supermarket
     Shelburne Post Office
     Shelburne Town Clerk's Office
     Chittenden Bank
     Shelburne Discount Beverage
     IT IS FURTHER RESOLVED, that the Selectboard shall hold a public hearing on the above-mentioned Australian Ballot vote on March 3rd, 2008 at the Town Hall, beginning at  7:00 P.M.
     Dated at Shelburne, Vermont, this ____ day of January, 2008.
                        TOWN OF SHELBURNE SELECTBOARD
 
                        _______________________________
                        James Talley
 
                        _______________________________
                        William Smith
 
                        _______________________________
                        Robert Roesler
 
                        _______________________________
                        Chris Boyd
 
                        __________________________________
                        Jane McKnight
 
Received and Recorded
this _____ day of January, 2008.
 
___________________________
Colleen T. Haag, Town Clerk
 
she08-001.for
 

January 2008
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February 2008
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March 2008
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April 2008
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May 2008
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June 2008
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July 2008
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August 2008
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September 2008
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October 2008
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November 2008
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5420 Shelburne Road
Shelburne, VT 05482
phone: 802-985-5110
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