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March 2008
SELECTBOARDMINUTES OF MEETINGMarch 11, 2008 MEMBERS PRESENT: Jim Talley, Chairperson; Bill Smith, Jane McKnight. (Absent: Robert Roesler, Tim Pudvar) ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer. OTHERS PRESENT: Ellin London, Sarah Talley, Chris Preston (Shelburne News). 1. CALL TO ORDER Paul Bohne, Acting Chair Pro-Tem, called the meeting to order at 7:05 p.m. 2. CONSIDER REORGANIZATION OF THE BOARD BY ELECTION OF BOARD CHAIR AND VICE CHAIR Mr. Bohne opened the floor for nominations for Selectboard Chair and Selectboard Vice Chair. MOTION by Ms. McKnight, seconded by Mr. Smith, to nominate Jim Talley as Shelburne Selectboard Chair. VOTE: unanimous (3-0); motion carried. MOTION by Mr. Smith, seconded by Ms. McKnight, to nominate Robert Roesler as Shelburne Selectboard Vice Chair. VOTE: unanimous (3-0); motion carried. Jim Talley assumed the duties of Chairman. 3. CHANGES TO AGENDA Add: Item 8.b – Consider Authorizing the Town Manager to apply for a Bridge Grant for the Harbor Road Bridge. Discussion: Item 7 – (Re)appointments. Ms. McKnight suggested agenda item #7 be a discussion item to allow input from absent Selectboard members. The Town Attorney and Town Assessor were not appointed last year. 4. CITIZEN PARTICIPATION Ellin London, resident, asked if the Town pays for VCAM government broadcasting coverage. Mr. Bohne stated coverage is paid by cable subscribers as part of their cable fee. Ms. London commented on the audio in some broadcasts (difficult to hear what people are saying). Ms. McKnight urged the public to use the microphone that is provided at meetings. 5. CONSIDER ACCEPTING RECEIPT OF THE SHELBURNE PLANNING COMMISSION’S PROPOSAL TO AMEND THE TOWN COMPREHENSIVE PLAN AND TO WARN HEARINGS ON APRIL 22 AND MAY 13 Mr. Bohne explained two minor amendments to the Town Plan amendments, including an error in zoning and a request to rezone a lot in the Industry District to Residential (75 Northside Drive off Executive Drive). The two changes require the Board to warn a First Reading on 4/22/08 and a Second Hearing on 5/13/08. In addition there is a 30-day warning for the proposed Bylaw amendments. It is possible to warn the Town Plan amendment and the Bylaw amendments for the same two meetings. There was discussion regarding an error that placed the Farrell Drive parcel in the Industrial zone when it was residential, the location of the two parcels (one on Farrell Drive and the second off Executive Drive) which were located near each other, clarification of how to correct the error of the lot in the wrong zone (Mr. Bohne explained the Farrell Drive lot was erroneously placed on an accompanying town map in the wrong zone), and a notation that with the changes both lots are residential lots. Ms. McKnight asked about the Board’s jurisdiction in changing the zoning of the Northside Drive lot. MOTION by Ms. McKnight, seconded by Mr. Smith, to accept receipt of the Shelburne Planning Commission’s proposal to amend the Town Comprehensive Plan and to warn hearings on April 22nd and May 13th, 2008 as presented. VOTE: unanimous (3-0); motion carried. 6. PRESENTATION AND DISCUSSION OF TOWN ETHICS AND CONFLICT OF INTEREST ORDINANCE Ms. McKnight reviewed the draft Ethics and Conflict of Interest Ordinance including changes/suggestions as outlined in an e-mail memo from the Town Manager. The draft is based on the Secretary of State’s model (Code of Ethics). Mr. Bohne noted the Town Charter sets forth some items differently than state statutes, such as the 30-day petition period for town ordinances. An ordinance once passed becomes effective immediately. Suggested changes to the Ethics and Conflict of Interest ordinance were as follows: · Article 18 - change 60-day petition period to 30-day. · Article 10 - add language to read: “…entity and the Town…” · Ethics Committee is a three-member board (#1-3) rather than five members, with three alternates (#4-6). Committee selection is at the discretion of the Selectboard. · Article 14.a - change language to read: “…in the event that an officer refuses to recuse himself/herself from a matter due to a conflict, any resident…”; and add: “…may file a complaint and if after speaking to the Selectboard Chair he may file a complaint.” · Add language to read: “Should the Town Clerk be unavailable then the Town shall provide a person to serve as Clerk of the Ethics Committee.” · Article 16 - the reference to Article 4 should be Article 11, and the reference to Article 5 should be Article 12. Ms. McKnight will revise the draft document and post the document on Town website. A First Reading will be warned for 3/25/08 and a second Public Hearing for 4/8/08. 7. DISCUSSION OF (RE)APPOINTMENT OF TOWN OFFICIALS, COMMITTEES, BOARDS, AND COMMISSIONS Grand Juror MOTION by Ms. McKnight, seconded by Mr. Smith, to appoint the Town Manager as Grand Juror for a one year term as presented. VOTE: unanimous (3-0); motion carried. Town Service Officer MOTION by Ms. McKnight, seconded by Mr. Smith, to re-appoint the Town Manager as the Town Service Officer for a one year term as presented. VOTE: unanimous (3-0); motion carried. Harbormaster MOTION by Mr. Smith, seconded by Ms. McKnight, to appoint Dan Couture as Harbormaster for a one year term as presented. VOTE: unanimous (3-0); motion carried. Tree Warden MOTION by Ms. McKnight, seconded by Mr. Smith, to appoint the Town Manager as Tree Warden for a one year term as presented. VOTE: unanimous (3-0); motion carried. Volunteers were needed for three Planning Commission positions, one DRB position, one Fence Viewer, and one CCTA representative. 8. CONSIDER AUTHORIZING THE TOWN MANAGER TO SIGN LETTER OF SUPPORT FOR A 2008 NATIONAL SCENIC BYWAY GRANT Mr. Bohne noted the memo from the Town Planner regarding the proposed grant for scenic byways designation and installation of informational kiosks in town. MOTION by Mr. Smith, seconded by Ms. McKnight, to authorize the Town Manager to sign the Letter of Support for a 2008 National Scenic Byway Grant. VOTE: unanimous (3-0); motion carried. 8.b) CONSIDER AUTHORIZING THE TOWN MANAGER TO APPLY FOR A BRIDGE GRANT FOR HARBOR ROAD BRIDGE Mr. Bohne noted the bridge grant application is for $150,000 with a 20% town match for the Harbor Road Bridge. MOTION by Ms. McKnight, seconded by Mr. Smith, to authorize the Town Manager to sign the application for a bridge grant for the Harbor Road Bridge improvements. VOTE: unanimous (3-0); motion carried. 9. CONSIDER APPROVAL OF LIQUOR LICENSES The Selectboard signed the liquor license documents as presented. 10. CONSIDER APPROVAL OF MINUTES OF FEBRUARY 26, 2008 MOTION by Mr. Smith, seconded by Ms. McKnight, to approve the Selectboard minutes of 2/26/08 as written. VOTE: unanimous (3-0); motion carried. 11. MANAGER’S REPORT Mr. Bohne introduced Brad Ingles, Channel 17 – Vermont Community Access Media representative. Mr. Ingles reported VCAM will post Selectboard, DRB and Planning Commission meetings on the web (www.vermontcam.org) beginning with the recent Planning Commission and DRB meetings and the Selectboard meeting on 3/11/08. Meetings will be archived. Streaming will be added in the future. Mr. Bohne said that staff will post a press release on the Town home page about the VCAM website and the meetings. Ms. McKnight suggested adding agendas to the on-line meetings. Mr. Ingles said that a topic could be streamed on the bottom third of the screen. Mr. Bohne reported VELCO installed poles in the Blodgett Field area. 12. MEMBER CONCERNS Mr. Talley complimented the citizens of Shelburne for a productive and well attended March Town Meeting and voting (68% turnout). 13. ADJOURNMENT and/or EXECUTIVE SESSION MOTION by Ms. McKnight, seconded by Mr. Smith, to recess the regular meeting and enter Executive Session for the purpose of discussing compensation and real estate matters, and to invite the Town Manager and Financial Officer to attend. VOTE: unanimous (3-0); motion carried. The regular meeting was recessed and the Board entered Executive Session at 8:10 p.m. RScty: KFurr
TOWN OF SHELBURNE SELECTBOARDMINUTES OF MEETINGMARCH 25, 2008 MEMBERS PRESENT: Jim Talley, Chairperson; Robert Roesler, Bill Smith, Tim Pudvar, Jane McKnight. ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer. OTHERS PRESENT: Brian Precourt, Mark S. Sammut, Dennis Barton, Gary VonStange, Dennis Webster, Don Rendall, Chris Preston (Shelburne News). 1. CALL TO ORDER Mr. Talley called the meeting to order at 7:10 p.m. 2. APPROVAL OF AGENDA Add: Item 9.b – Approval of Liquor Licenses 3. CITIZEN PARTICIPATION Brian Precourt, Bay Road resident, stated the Bay Road underpass is an issue for trucks and motor homes. The vehicles get stuck trying to go through the underpass. The most recent accident involved a log truck. Mr. Precourt suggested signage on Route 7 and Bay Road be enhanced warning of the underpass. Several photographs of existing road signs were shown. The signs are small or hidden behind a pole. Mr. Precourt suggested larger and more visible signs on Route 7 or before Bayfield Drive to direct truckers to turn around. There was discussion of the height of the railroad underpass, ownership of the railroad bridge (VTrans), past plans by the state to change the angle and height of the bridge, and Bay Road residents who want the bridge left as a traffic calming device to discourage speeding and traffic. Staff will discuss sign size and location on Route 7 with VTrans. Signage on Bay Road is controlled by the town. 4. CONSIDER ETHICS AND CONFLICT OF INTEREST ORDINANCE AS A FIRST READING Mr. Talley noted the latest draft of the Ethics and Conflict of Interest Ordinance has been received. Procedure for adoption requires holding a First Reading and a Hearing. Mr. Roesler indicated he read the draft and comments from Bob Fletcher, and suggested the Board review the proposed ordinance once more before warning a public hearing. The ordinance should not violate union contracts. Ms. McKnight noted the legislature delegates authority to the town. The model ordinance from the Secretary of State’s Office provides for due process which includes hearings. It is a legal question whether or not barring unethical practices will impede union contracts. Mr. Bohne spoke in support of the Board looking at the legal question from the perspective of a collective bargaining contract and personnel contracts. Mr. Smith suggested a separate code for volunteers/elected officials versus employees. There should not be a conflict between the ordinance and unions. Ms. McKnight pointed out if conduct is grounds for dismissal then everyone should be held to the same policy/ethics standard. There was discussion of a procedure to appeal conflicts before the Board. Ms. McKnight asked how other towns handle ethics issues. Mr. Bohne said that VLCT has a model, and it differs from the Secretary of State’s model. Staff will collect more information from other towns and draft a revision of the ordinance for Board review. 5. CONSIDER APPOINTMENTS TO TOWN BOARDS, COMMITTEES AND COMMISSIONS Dennis Webster, Mark Sammut, Gary Von Stange, and Don Rendall appeared before the Board. Candidate qualifications and interest in serving on town boards were reviewed. Shelburne Natural Resources and Conservation Commission (SNR&CC) MOTION by Mr. Roesler, seconded by Mr. Pudvar, to appoint Don Rendall to the Natural Resources and Conservation Commission for a term that expires 2009. VOTE: unanimous (5-0); motion carried. MOTION by Mr. Roesler, seconded by Mr. Smith, to reappoint Robert Ryder and Sean MacFaden to the Natural Resources and Conservation Committee for three year terms expiring in 2011. VOTE: unanimous (5-0); motion carried. Development Review Board MOTION by Mr. Roesler, seconded by Ms. McKnight, to appoint Mark Sammut to the DRB for a three year term expiring in 2011. VOTE: unanimous (5-0); motion carried. MOTION by Mr. Roesler, seconded by Mr. Smith, to reappoint Reg Gignoux to a three year term, to 2011, on the DRB. VOTE: unanimous (5-0); motion carried. Planning Commission MOTION by Mr. Roesler, seconded by Mr. Smith, to appoint Dennis Webster to the Planning Commission for a three year term expiring in 2011. VOTE: unanimous (5-0); motion carried. MOTION by Mr. Roesler, seconded by Mr. Pudvar, to appoint Gary Von Stange to fill the Planning Commission seat of Peter Gibbs expiring in 2009. DISCUSSION: It was suggested that staff contact the Planning Commission for a determination on what term should be filled (Peter Gibbs or Reg Gignoux). FRIENDLY AMENDMENT by Ms. McKnight to appoint Mr. Von Stange to fill the seat of either Peter Gibbs or Reg Gignoux, whichever seat becomes vacant first. VOTE: unanimous (5-0); motion carried. MOTION by Mr. Smith, seconded by Mr. Roesler, to reappoint Kate Lalley to the Planning Commission for a term of three years until 2011. VOTE: unanimous (5-0); motion carried. Recreation Committee MOTION by Mr. Roesler, seconded by Mr. Smith, to reappoint Ann Clark, Marvin Thomas, and Pam Brangan to three year terms on the Recreation Committee until 2011. VOTE: unanimous (5-0); motion carried. Water Commission MOTION by Mr. Roesler, seconded by Ms. McKnight, to reappoint Denis Barton to a three year term on the Water Commission until 2011. VOTE: unanimous (5-0); motion carried. Historic Preservation and Review Commission MOTION by Mr. Roesler, seconded by Mr. Smith, to reappoint Fritz Horton and Tom Koerner to three year terms, to 2011, on the Historic Preservation and Review Committion. VOTE: unanimous (5-0); motion carried. Cemetery Commission MOTION by Mr. Roesler, seconded by Mr. Pudvar, to reappoint Gladys Oakes to a three year term, to 2011, on the Cemetery Commission. VOTE: unanimous (5-0); motion carried. Bike and Pedestrian Paths Committee MOTION by Mr. Roesler, seconded by Ms. McKnight, to reappoint Catherine Matosky to a three year term, to 2011, on the Bike and Pedestrian Paths Committee. VOTE: unanimous (5-0); motion carried. The following vacancies were mentioned: two positions on the Pierson Board of Trustees, Planning Commission openings, Bike and Pedestrian Path opening, CSWD Alternate Representative, and Fence Viewer. 6. CONSIDER APPOINTMENT OF TOWN REPRESENTATIVE TO CHITTENDEN COUNTY TRANSPORTATION AUTHORITY MOTION by Ms. McKnight, seconded by Mr. Smith, to appoint Dennis Barton as the Town of Shelburne CCTA representative effective March 27, 2008. VOTE: unanimous (5-0); motion carried. 7. CONSIDER AUTHORIZING TOWN MANAGER TO APPLY FOR A LOAN FROM THE STATE EQUIPMENT LOAN FUND FOR THE PURPOSE OF FINANCING THE LOADER FOR THREE YEARS Peter Frankenburg reviewed the loan to refinance the bucket loader purchased last year. The loan with Chittenden Bank to be refinanced with the State at 2% interest is for $64,400 for a three year term. MOTION by Mr. Roesler, seconded by Mr. Smith, to authorize the Town Manager to apply for a loan from the State Equipment Loan Fund for the purpose of financing the loader for three years as presented. VOTE: unanimous (5-0); motion carried. 8. CONSIDER APPROVING SCHEDULE FOR SELECTBOARD MEMBERS TO BE AUTHORIZED ON BEHALF OF THE BOARD TO REVIEW PAYROLL AND ACCOUNTS PAYABLE ORDERS FOR THE PERIOD THROUGH MARCH 2009 MOTION by Mr. Smith, seconded by Mr. Roesler, to approve the schedule for Selectboard members to be authorized on behalf of the Board to review payroll and accounts payable orders for the period through March 2009 as presented. VOTE: unanimous (5-0); motion carried. 9. CONSIDER AUTHORIING SELECTBOARD CHAIR TO SIGN THE STIPULATED AGREEMENT TO CHANGE THE REDETERMINED EQUALIZATION EDUCATION PROPERTY VALUE Mr. Bohne reported the Board had agreed to appeal the Equalization Education Property Value. Mr. Frankenburg explained the Common Level of Appraisal (CLA) used in calculating the school tax rate and the equalized Grand List is reviewed each year. The Town discussed three assessed values at the state level that the Town questioned. The CLA was 78.28 percent and has been changed to 78.31 percent. There are still some issues that need clarification regarding utility properties related to methodology. Staff will follow up. If the CLA is changed there will be minimum impact. The Board is asked to authorize the Chair to sign the stipulation which will set the CLA at 78.31 percent. MOTION by Mr. Roesler, seconded by Ms. McKnight, to authorize the Selectboard Chair to sign the Stipulated Agreement to Change the Redetermined Equalization Education Property Value as presented. DISCUSSION: Ms. McKnight asked if the state reviews all property sales versus a sampling. Mr. Frankenburg stated every sale is reviewed. The issue in Shelburne is that all sales are residential with very little to no commercial properties which means that sales of commercial properties are not statistically significant and so are being equalized at the residential rates. There were fewer than six commercial/industrial sales in Shelburne in 2007. VOTE: unanimous (5-0); motion carried. 9.b. Approval of Liquor Licenses The Selectboard signed the following Liquor License applications: Sirloin Saloon, Bistro Sauce, Shelburne Inn and Café Shelburne. 10. CONSIDER APPROVING MINUTES OF MARCH 11, 2008 MOTION by Mr. Smith, seconded by Ms. McKnight, to approve the minutes of 03/11/2008 as written. VOTE: 3 ayes, 2 abstentions (Mr. Roesler, Mr. Pudvar); motion carried. 11. MANAGER’S REPORT Mr. Bohne reported on the following:
12. MEMBER CONCERNS Ms. McKnight asked for an update on the Bay Road town owned property. Mr. Bohne stated the property should not be used for private purposes. The intent is to ask the resident to remove their structure and return the area to a natural state. Ms. McKnight suggested that the Bike & Ped Paths Committee be asked whether the town should keep a path mowed to go toward the lake. Ms. McKnight asked for an update on arbitration relative to the Shelburne/St George boundary issue. Mr. Bohne stated the statutes are silent on arbitration. A survey is needed to set the (town) boundary. The legislature may pay for the survey afterward. 13. ADJOURNMENT and/or EXECUTIVE SESSION MOTION by Mr. Roesler, seconded by Mr. Smith, to recess the regular meeting and enter Executive Session to discuss personnel and real estate matters where public knowledge might place the Town at a disadvantage, and to invite the Town Manager to attend. VOTE: unanimous (5-0); motion carried. The regular meeting was recessed and Executive Session convened at 8:45 p.m. MOTION by Mr. Roesler, seconded by Mr. Pudvar, to leave Executive Session. VOTE: unanimous (3-0); motion carried. The meeting was adjourned at 9:28 p.m. RScty: KFurr Accepted, Jim Talley, Chair For the Shelburne Selectboard
January 2008Selectboard Meeting Minutes February 2008 Selectboard Meeting Minutes March 2008 Selectboard Meeting Minutes April 2008 Selectboard Meeting Minutes May 2008 Selectboard Meeting Minutes June 2008 Selectboard Meeting Minutes July 2008 Selectboard Meeting Minutes August 2008 Selectboard Meeting Minutes September 2008 Selectboard Meeting Minutes October 2008 Selectboard Meeting Minutes November 2008 Selectboard Meeting Minutes December 2008 Selectboard Meeting Minutes |
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