August 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 August 11, 2009 MEMBERS PRESENT: Robert Roesler (Chairman); Bill Smith, Gary von Stange, Tim Pudvar, Al Gobeille. ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer. OTHERS PRESENT: Thomas and Kathleen Easton, Danielle Frawley (Shelburne News).
1. CALL TO ORDER Chairman Robert Roesler called the meeting to order at 6:00 p.m. Mr. Gobeille and Mr. Pudvar were not in attendance. MOTION by Mr. Smith, SECOND by Mr. von Stange, to go into Executive Session. VOTING: unanimous (3-0) [Mr. Pudvar and Mr. Gobeille not present for vote]; motion carried. The Board exited Executive Session at 6:58 p.m. Mr. Roesler reconvened the meeting at 7:00 p.m. 2. APPROVAL OF AGENDA Additions to Agenda: - Item 9.a: Consider waiving the HS122 late filing penalty for 135 Covington Lane owned by Thomas and Kathleen Easton.
- Item 9.b: Consider errors and omissions adjustment to Sutton Farm property as recommended by the Town Assessor.
3. CITIZEN PARTICIPATION There were no comments from the public at this time. 4. PUBLIC HEARING: AMENDMENT OF FY2010 CAPITAL IMPROVEMENT PLAN AND ADOPTION OF PLAN The public hearing was opened at 7:07 p.m. Peter Frankenburg summarized the capital improvement plan which is a six year rolling plan of town projects. There are 104 projects on the list ranging in cost from $5,000 to $2.5 million. Only projects that are approved in the budget or by a special bond vote will be done (in the year specified). The remaining projects on the list are there for planning purposes. The CIP includes the current year and provides a long term view of capital needs in the next five years. With the CIP the town can prioritize and implement projects, plan for tax, water and sewer rates if applicable, determine if impact fees can be charged, and apply for grants. Mr. Frankenburg reviewed CIP projects by category and cost, including the bike/ped path (segments 3, 4, 5 and shoulder widening), highway infrastructure (storm drains, road improvements, LaPlatte Bridge replacement), fire/rescue facilities, sewer(upgrades to treatment plant and collection system), highway building/equipment (dump truck replacement, storage building, bypass road to Waldorf School), fire (pumper, ladder truck and air packs), public works (Longmeadow and Hullcrest storm water work), water (line reinforcement and repainting the water tank), police (cruiser and other equipment replacement), rescue (ambulance and defibrillator replacements), recreation (beach seawall repair, playground upgrades, tennis court resurfacing), town offices (building repairs, records automation), cemetery (re-gravel road and drainage), library (roof replacement and potential building expansion), and village infrastructure (loop road). Funding sources include grants, outside resources (e.g. trade-in of equipment, bonds), and current year funding (reserve/sinking funds and taxes). Significant changes in the CIP since January 2008 include the bypass road on Turtle Lane for $55,000 (FY10-11), fire/rescue buildings, roadside mower and attachment replacement for $93,000 (FY12-13), highway department equipment storage building for $100,000 (FY13-14), Davis Park tennis court resurfacing and lighting improvements for $22,000 (FY10-11), repainting the water storage tank for $350,000 (FY14-15), and village plan infrastructure improvements (loop road) for $1 million (FY12-13). A pie chart showing the breakdown of capital plan projects (total of $16.2 million) was reviewed. Major portions are highway infrastructure equipment buildings (28%), paths/sidewalks (20%), and emergency services (29%). Mr. Frankenburg reviewed the General Fund debt service with the CIP. Paul Bohne briefly reviewed potential layouts of the loop road in the village relating to an EDA plan, but Chittenden County must be an eligible county in order to secure funding. The loop road will essentially parallel Route 7 going through the north end of the Shelburnewood project and the shopping center lot, continuing on to Falls Road. The road can only happen if proper development circumstances are in place. The Shelburnewood proposal and the fact that the shopping center is now for sale provide potential for the loop road. The road could be developer funded, grant funded, and possibly town funded. Tim Pudvar observed the loop road will benefit the developer and questioned inclusion in the town’s CIP. Mr. Bohne explained to be eligible for EDA grant funds a project must be on the town’s approved CIP. As well, to support planning grants sought by the developer for engineering of the road the project needs to be in the CIP. Bill Smith suggested the fire/rescue facility be included in FY10-11 rather than FY11-12. Peter Frankenburg pointed out the timeframe coincides with the ladder truck purchase. Mr. Smith noted there is already a design for the facility, a vote was held, and need for the facility is demonstrated. Also, it may be possible to get discounted engineering and construction costs at this time. Paul Bohne stated staff can have a detailed design in October for review by the Selectboard and then presentation at the March 2010 town meeting. Mr. Smith asked about the ambulance replacement (there are two town ambulances, which are replaced every ten years) and the cost figure for the bike path. Peter Frankenburg stated Segment 5 costs are based on a scenario referred to as “Alternate 5” recently presented to the Selectboard. Mr. Smith asked about the work at the town center. Paul Bohne explained the project involving improvements to the sewer connection in the police department. There were no further comments. The public hearing was closed. MOTION by Bill Smith, SECOND by Tim Pudvar, to accept the FY2010 –FY 2015 CIP as presented by the Finance Director to include the revision of the fire/rescue facility in FY10-11. VOTING: unanimous (4-0)[Al Gobeille not present for vote]; motion carried. 5. CONSIDER AUTHORIZING TOWN MANAGER TO SIGN COOPERATIVE AGREEMENT WITH VTRANS DELINEATING RESPONSIBILITY FOR MANAGING CONSTRUCTION OF MT. PHILO SIDEWALK Paul Bohne explained a grant for $158,000 has been received for the Mt. Philo sidewalk and the town has the matching funds (part of the bond issue). VTrans requires a cooperative agreement if the town is managing the project. Once the cooperative agreement is in hand the project can go out to bid and construction. If the cooperative agreement is not received from VTrans in a timely manner construction may be delayed until next year. MOTION by Tim Pudvar, SECOND by Gary von Stange, to authorize the Town Manager to sign the cooperative agreement with VTrans delineating responsibility for managing construction of the Mt. Philo sidewalk. VOTING: unanimous (4-0)[Al Gobeille not present for vote]; motion carried. 6. CONSIDER APPROVING STIPULATED AGREEMENT OF THE VALUE OF THE LAKE CHAMPLAIN YACHT CLUB AT $985,000 AND AUTHORIZING ROBERT FLETCHER, TOWN ATTORNEY, TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN Paul Bohne reported the Town Assessor and the Yacht Club are in agreement on the assessed value of $985,000. MOTION by Gary von Stange, SECOND by Bill Smith, to approve the stipulated agreement of the value of the Lake Champlain Yacht Club at $985,000 and to authorize Paul Bohne, Town Manager, to execute the agreement on behalf of the town. VOTING: unanimous (4-0)[Al Gobeille not present for vote]; motion carried. 7. CONSIDER APPROVING SEWER ALLOCATION REQUEST OF 210 GPD BY BRIAN PRECOURT FOR PROPERTY LOCATED AT 638 BAY ROAD Paul Bohne noted the single family home is in the sewer assessment district for Bay Road. The previous owner (Bishop) did not request sewer allocation. Allocation of 210 gallons per day is the state standard for a single family dwelling. MOTION by Tim Pudvar, SECOND by Gary von Stange, to approve 210 gpd sewer allocation for 638 Bay Road as requested by Brian Precourt. VOTING: unanimous (4-0)[Al Gobeille not present for vote]; motion carried. 8. CONSIDER GRANTING EASEMENT TO GREEN MOUNTAIN POWER CORPORATION TO REPLACE A POLE AND INSTALL AN ANCHOR ON PROPERTY NEXT TO THE ENTRANCE TO SHELBURNE COMMUNITY SCHOOL ON HARBOR ROAD Paul Bohne explained the utility pole is being moved due to the sidewalk project from McCabe Circle to Athletic Drive. The easement is for the anchor pole. MOTION by Gary von Stange, SECOND by Tim Pudvar, to grant an easement to Green Mountain Power Corporation for replacement of a pole and installation of an anchor on property next to the entrance to Shelburne Community School on Harbor Road. VOTING: unanimous (4-0)[Al Gobeille not present for vote]; motion carried. 9. PRESENTATION/DISCUSSION OF PROPOSED PROJECT TO RE-LAMP STREETLIGHTS IN SHELBURNE WITH COOPERATION OF GREEN MOUNTAIN POWER CORPORATION, VERMONT ENERGY INVESTMENT CORPORATION, AND ENERGY GRANTS Paul Bohne stated there is $9.5 million available to municipalities for energy projects. Shelburne has been working with Green Mountain Power for over a year considering a project to replace the mercury vapor streetlights with higher efficiency LED lights. Shelburne resident, Terry Kennaugh, has been very helpful in the process and involved in rewriting Shelburne’s lighting standards. Staff is investigating having the town purchase and install the fixtures rather than Green Mountain Power which will charge a 34% excise tax. Preliminary cost estimate to purchase the lights is approximately $86,000. It is hoped to get grants and rebates to cover the cost. Efficiency Vermont will help the town through the grant process. As yet there is no application or application date. Efficiency Vermont will rebate the town $100 per fixture. The town has 220 mercury vapor 100-watt streetlights and five high pressure sodium streetlights. Staff will research the payback and energy savings with the new lights. The town pays $30,000 per year for the streetlights presently ($12.44 per month for the 100-watt mercury vapor lights up to $22 per month and $28 per month for the larger lights). The goal is to cut costs and use significantly less energy, said Mr. Bohne. The Selectboard received specifications on the LED fixtures. Examples of the LED lights can be seen on streets near the Green Mountain Power corporate office in Colchester and near Essex High School. Bill Smith requested projected savings and payback information on the lights. 9.a CONSIDER WAIVING HS122 LATE FILING PENALTY FOR 135 COVINGTON LANE OWNED BY THOMAS AND KATHLEEN EASTON Peter Frankenburg explained the Eastons declared 135 Covington Lane as their primary residence and filed the Homestead Declaration with the state on March 25, 2009 via the state website. The deadline for filing is April 15th after which the state forwards a list to the town and the tax bills are updated. When the Eastons received their tax bill in July the property was still classified as nonresidential. Mr. Easton contacted the state and was told the form was not properly submitted and the state has no record of the declaration. The Eastons resubmitted the form in July and the state notified the town. A revised tax bill was generated with a penalty for late filing. Mr. Frankenburg noted the Eastons were confident they met the April deadline and did not realize there was a problem until the tax bill was received. Mr. Frankenburg mentioned when he contacted the state about the matter it appeared there were similar incidents of not properly submitting the form on-line. The state will not waive the penalty. The penalty accrues to the town. The Selectboard can waive the penalty. Tom Easton said he and his wife arrived back in Vermont in November, 2008 after a 43 year absence and wanted to be responsible citizens so the town was contacted in terms of what needs to be done to re-establish residency. The issue is not the late fee, but the principle of the matter, said Mr. Easton. The state indicated there should have been a confirmation number issued when the form was filed on-line, however, review of the regulations did not reveal any mention of a confirmation number. Mr. Easton suggested the state add a note to the webpage to inform people. Peter Frankenburg interjected the state said the website will be modified to remind people to click the “submit” button. MOTION by Bill Smith, SECOND by Tim Pudvar, to waive the one percent Homestead Declaration (HS122) late filing penalty for 135 Covington Lane owned by Thomas and Kathleen Easton as the property owner should not have to pay for the state’s mistake. DISCUSSION: Tom Easton reiterated it is a matter of principle, and it is hoped the problem can be corrected for other people. Kathy Easton said they are delighted to be Shelburne residents. There were no further comments. VOTING: unanimous (4-0)[Al Gobeille not present for vote]; motion carried. 9.b CONSIDER ERRORS AND OMISSIONS ADJUSTMENT TO SUTTON FARM PROPERTY AS RECOMMENDED BY TOWN ASSESSOR Peter Frankenburg reported in 2009 the Sutton Farm was assessed $500,000 for five taxable lots ($100,000 each), but it was discovered one of the lots is common land (not buildable) so there are actually four buildable lots valued at $100,000 each (total of $400,000). The Town Assessor is recommending an errors and omission adjustment from $500,000 to $400,000. Paul Bohne noted the value of the lots was already adjusted by the Board of Civil Authority by stipulated agreement considering the carrying cost of the lots and consistency with how other approved lots are treated.. MOTION by Bill Smith, SECOND by Tim Pudvar, to correct the assessed value of the Sutton Farm parcel #0622127100 as an error and omission by changing the assessed value to $400,000 as recommended by the Town Assessor. VOTING: unanimous (4-0)[Al Gobeille not present for vote]; motion carried. 10. APPROVAL OF MINUTES (7/28/09) MOTION by Bill Smith, SECOND by Gary von Stange, to approve the minutes of 7/28/09 as written. VOTING: unanimous (4-0)[Al Gobeille not present for vote]; motion carried. 11. MANAGER’S REPORT Paul Bohne reported on the following: - CSWD Rover will be at the Shelburne town garage on 8/22/09 from 9 a.m. to 1 p.m. to accept household hazardous waste and paint.
- Falls Road will be closed 8/12/09 from 7 a.m. to 3 p.m. for repairs from the Post Office to the Mt. Philo Road intersection.
12. MEMBER CONCERNS There were no comments. 13. EXECUTIVE SESSION and/or ADJOURNMENT MOTION by Al Gobeille, SECOND by Tim Pudvar, to adjourn the regular meeting and convene Executive Session to discuss personnel matters. VOTING: unanimous (5-0); motion carried. The regular meeting was adjourned at 8:05 p.m. The Board exited Executive Session at 9:20 p.m. RScty:MERiordan Accepted by, For the Shelburne Selectboard
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 August 26, 2008 MEMBERS PRESENT: Jim Talley (Chairperson); Bill Smith, Tim Pudvar, Jane McKnight, Robert Roesler. ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Dean Pierce, Town Planner. OTHERS PRESENT: Ann Milovsoroff, David Flagg, Jeff Jackson, John Ondovchik, Michael Serrano, Patricia Ondovchik, Alec Webb, Joe Perratto, Mark Crow, Danielle Frawley (Shelburne News), and others. 1. CALL TO ORDER Mr. Talley, Chairperson, called the meeting to order at 7:10 p.m. 2. APPROVAL OF AGENDA Add: Item 10.a – Appoint two members to the Emergency Services Task Force. 3. CITIZEN PARTICIPATION David Flagg, owner of a car dealership/repair shop on the South Burlington/Shelburne town line on Route 7, said he is exploring the possible purchase of property located partly in Shelburne and partly in South Burlington (Harvest dealership). Mr. Flagg has been in business for over 20 years. Mr. Flagg said he discussed the current regulations and proposed zoning changes with the Shelburne Town Planner relative to new car dealerships in Shelburne. The regulations do not allow new car dealerships (only pre-existing businesses). Mr. Talley explained the Selectboard is in the process of reviewing all zoning regulations and discussing the Mixed Use District. There is some language that restricts car dealerships to existing businesses. The Selectboard has not yet sent a complete list of comments to the Planning Commission. Proposed revisions are in draft form now. There is a question of whether the pre-existing language is really necessary. The Selectboard cannot predict the reaction of the Planning Commission to the Board’s comments on the zoning regulations. It was noted Mr. Flagg is not a Shelburne resident. Mr. Flagg asked where he can submit his comments in the context of the restrictions in the regulations pertaining to his type of business. There are many vacancies on Shelburne Road now. The property for sale is a useable lot for the small dealership (approximately 10 used cars that are serviced and sold), stated Mr. Flagg, adding the lot is across from the current location of the business. Mr. Flagg will submit written comments to the Selectboard for the record. 4. CONSIDER APPOINTMENT OF ANN MILOVSOROFF TO THE HISTORIC PRESERVATION AND DESIGN REVIEW COMMISSION FOR A TERM THAT EXPIRES IN 2010 The Selectboard interviewed Ann Milovsoroff and reviewed the candidate’s qualifications. MOTION by Mr. Pudvar, seconded by Ms. McKnight, to appoint Ann Milovsoroff to the Historic Preservation and Design Review Commission for a term that expires in 2010. VOTE: unanimous (4-0)[Robert Roesler not present for vote]; motion carried. 5. DISCUSSION OF ARTICLES XIII-XXI OF PROPOSED AMENDMENTS TO THE SHELBURNE ZONING BYLAWS Ms. McKnight provided copies of her comments on Articles XIII through XXI for review by the Board and the public. Article XIII – Conservation District The Board discussed Section 1310.1 and 1310.2 relative to whether single family home construction would be allowed in conservation easements. Mr. Pierce explained the Planning Commission addressed the issue in Section 1310.3. Regarding a question on registered daycare homes (Section 1320), Mr. Pierce noted the matter is covered by state statute. Mr. Smith suggested language saying “a licensed daycare home with more than six children is a permitted use…” There was mention of the term “truck gardening” which is a carryover from the previous regulations. A definition may be needed. Alec Webb, Shelburne Farms, said that uses at Shelburne Farms are complex and there are some uses as proposed in the Rural district that will govern what can be done at the farm. Mr. Webb asked the Selectboard to consider more flexibility in the PUD language. Staff housing is an important consideration, for example. Mr. Pierce and Mr. Webb will collaborate regarding the needs of Shelburne Farms. Article XIV – Neighborhood Overlay District There were no comments. Article XV - Village Design Review Overlay District Ms. McKnight asked that the word “scale” be added in the Purpose (to tie into Section 1550.3). The Selectboard expressed concern about the application and review procedure as outlined in Section 1530.3, questioning if 14 days is sufficient to render a decision. Mr. Pierce explained there is actually 45 days to render a decision. The strict requirement was put in place to give small projects a quick decision. Fourteen days is an achievable timeframe. Mr. Pierce suggested language saying “…wherever not required by a hearing, then 14 days may apply.” Article XVI - Village Core Overlay District Ms. McKnight suggested formatting the Village Core Overlay District the same as the other districts. Also a definition of “allowable uses” as mentioned in Section 1630.3 is needed as well as an explanation of the purpose of the district. Mr. Pierce replied that the zoning in the village has different lot requirements and minimal lot area for commercial uses. Per Section 1700.5 a house must meet the minimum lot size for a commercial use in order to be converted to commercial. The Planning Commission felt commercial use should be possible. A set of conditions was established whereby if the minimum lot area for a commercial use is reduced then the setbacks are reduced as well. A parking waiver was added. There is question as to what will happen if minimum lot size drops from 20,000 square feet to 15,000 square feet. Shelburne has designated the village center to allow income producing properties to be eligible for tax credits, which will be a defined area versus creating a new one. Staff will revisit the three village districts and “allowed” versus “conditional” uses. Mr. Talley pointed out Section 1640 should say “conditional use” versus “allowed use”. Ms. McKnight suggested using a consistent format throughout all districts. If there is a compact core district the requirements can be lower. A decision as to which type of use to encourage should be made. Article XVII, Lakeshore Overlay District The Selectboard expressed concern about property owner’s rights (the current regulations say “preservation of property rights of the Lakeshore…”). It is not clear what the language is trying to accomplish – protect shore views for lake users or preserve growth and vegetation within reason. Ms. McKnight felt the article should try to achieve a balance between the landowner and the lake user. It was noted ‘NVGD 29’ needs to be defined. Regarding boat ramps, Ms. McKnight suggested a permit only be necessary if a boat ramp is for commercial use. Section 1730 indicates federal and state permits are required for a launch ramp. There is question as to why a local permit is also necessary. Mr. Pierce explained the Planning Commission assumed a launch ramp would be the same kind of structure. There is not a definition of “ramp”. Ms. McKnight noted there is also not a definition for “erosion control structures”. Ms. McKnight asked if the use of riprap would require a permit. Mr. Pierce stated riprap is not considered a structure. The Zoning Administrator can grant permission for use per the ‘Excavation and Fill’ regulation. Ms. McKnight suggested the matter be further clarified. In Section 1720.2, Mr. Pudvar suggested “non-motorized riding trails” be shortened to “riding trails”. The Board asked for clarification of Section 1730.2 regarding marina minimum parking spaces of 1.5 for rack storage. Also, the word “undue” should be inserted before “water pollution”. In Section 1730.3, the Board suggested the language be changed to read “…Professional Engineer review the design…”, and add “…visually compatible in the opinion of the DRB.” In Section 1730.3(i) what is and is not allowed needs to be clarified. The Board requested the Planning Commission revisit language related to “stairs” and suggested language saying “…on the average no more than 12 inches above the existing grade.” The Board felt the proposed 200 square feet of lakeside dock is too small. “Section 1750” should be “Section 1750.3(a) through (g)”. Mr. Talley felt Section 1760 is not useful or necessary, and is subjective. Ms. McKnight mentioned in the State of Maine there are no restrictions on cutting bushes or ground cover along the shore line, but cutting trees of a specified diameter is restricted. The Selectboard asked the Planning Commission to revisit the goal of the section and how to implement. Article XVIII – Floodplain and Watercourse Overlay District Ms. McKnight suggested moving the definitions in Section 1870 to the Definitions Section (Article XXI). Article XIX – General Regulations Typographical errors need to be corrected in the final draft. In Section 1900.42(a), Mr. Talley suggested “who” should be identified, possibility the Development Review Board. Also, the section is too subjective. There was discussion of periphery buffers that do not allow parking within the buffer (ties into Section 1030.3, front yard portion of a buffer). Ms. McKnight recalled Brian Precourt identified several issues related to parking on both sides of an island, which seems to discourage parking. Regarding language relative to front yard setbacks not being used for outdoor merchandise displays, there is question if this meddles with merchandising for the small business owner. Ms. McKnight asked if complaints have been received. With regard to Section 1920.1(b) and 1920.2(c), the Selectboard asked for more clarification in the practical sense (i.e. provide a clear determination of whether the Harbor Hideaway building, for example, would be considered abandoned). Mr. Talley expressed concern about a percentage of land in a PUD subdivision being mandated to remain open per the town’s regulations. Mr. Talley felt this is confiscatory and infringes on a property owner’s rights. The Selectboard asked the Planning Commission to reconsider mandating conserved land on large acreages. It was noted Section 1930.6 needs to be consistent with Article X. Alec Webb will prepare language with the Town Planner to clarify the Rural Mixed PUD. Regarding Sections 1930.9 and 1650.1(c), clarification for consistency is needed in the Redevelopment PUD in the Village Core Overlay District relative to allowable uses and required square footage limits. In Section 1940.2 it is unclear who monitors or provides enforcement relative to garage sales. Clarification is needed in Section 1960.1(c) on parking requirements for elderly housing. Also, the sign application process needs to be simplified. In regard to Section 1980.8 - accessory vehicle sales, Mr. Talley asked if there is control on parking personal vehicles for sale on public property versus private property. Article XX – Administrative and Enforcement Ms. McKnight asked for additional time to review and submit comments. Article XXI – Definitions The following suggestions were made: Section 2110.5, “…light manufacturing may include…” (delete the word “shall”); Section 2110.59, home occupation (keep the definition suggested by the Town Attorney); Section 2110.65, indoor movie theaters “for a fee” seems unnecessary; Section 2110.58, height definition, revert to the previous definition that provides a certainty to building heights. Selectboard and public comments will be compiled and finalized for Board review. A memo with the comments will be posted on the town website. 6. CONSIDER REQUEST FROM BEAVER CREEK HOMEOWNERS ASSOCIATION FOR AUTHORIZATION FROM SHELBURNE VOTERS TO ISSUE BONDS FOR THE PURPOSE OF FINANCING RECONSTRUCTION OF BEAVER CREEK ROAD, AND, IF APPROVED, THE COST TO REPAY THE BONDS WILL BE THE SOLE RESPONSIBILITY OF THE ASSOCIATION Mr. Bohne gave a brief history of the request by Beaver Creek Homeowners Association for road reconstruction to town standard with the reconstruction financed by bonding through the town. Payments by the Beaver Creek Homeowners Association will retire the bond. There will be a priority lien placed on each lot in the Beaver Creek development. Ms. McKnight asked for clarification on the language stating “...anyone with interest in the property…” Staff will research the matter. Mr. Talley asked about potential impacts to the Town’s ability to borrow funds. Mr. Frankenburg stated the financing through a bond issue will not impact the Town. MOTION by Mr. Roesler, seconded by Mr. Smith, that the Town of Shelburne consider the request from the Beaver Creek Homeowners Association for authorization from Shelburne voters to issue bonds for the purpose of financing reconstruction of Beaver Creek Road at the next general election in November, 2008, provided the cost of repayment of the bonds shall be the sole responsibility of Beaver Creek Homeowners Association. DISCUSSION: Ms. McKnight expressed concern the language saying “others with interest in the properties” could include other lien holders on the properties. An audience member suggested that “interest” could include a judgment lien or tax lien on the properties. Mr. Talley expressed concern about using the town’s credit to bail out a developer who failed to build the road to town standard. Ms. McKnight pointed out there is a material risk for each Beaver Creek homeowner of paying $4,000 per household per year over the life of the bond. Even with a lien to protect the town someone could suggest the association go to a financial institution for a loan. Mr. Smith stated a bank cannot put a priority lien on each house and would not consider such loans. Mr. Perrato asked the Board if there is an option as a favorable alternative to other financing. The association did discuss loans with banks, but banks were not interested in such loans. Beaver Creek property totals $20 million on the Grand List for a million dollar improvement. Repayment spreads over a period of time. Regarding collection, all costs will be folded into the bond. Mr. Talley stressed the town is not a “bank”. Ms. McKnight suggested putting the issue before the voters as a special tax district. Mr. Perrato noted the next step is to gather signatures on the consent form from the homeowners in the Beaver Creek development. There were no further comments. VOTE: 4 ayes, 1 nay (McKnight); motion carried. 7. CONSIDER APPROVING RELIEF FROM PENALTY FOR LATE PAYMENT OF PROPERTY TAXES BY ROGER AND SALLY RANZ IN THE AMOUNT OF $297.23 MOTION by Mr. Smith, seconded by Mr. Roesler, to waive the penalty for late payment of property taxes for Roger and Sally Ranz in the amount of $297.23 as presented. VOTE: 1 aye (Mr. Pudvar), 4 nays (Smith, McKnight, Roesler, Talley); motion did not carry. 8. CONSIDER APPROVING RELIEF FROM PENALTY FOR LATE PAYMENT OF PROPERTY TAXES BY ABC/MRC IN THE AMOUNT OF $1,670.23 MOTION by Mr. Smith, seconded by Mr. Roesler, to waive the penalty for late payment of property taxes for ABC/MRC in the amount of $1,670.23 as presented. DISCUSSION: Ms. McKnight suggested a charter change relative to assessing penalties for late payment of property taxes may be due. The penalty of 8% is punitive. Staff will draft charter changes for consideration by the Board. VOTE: 1 aye (Mr. Pudvar), 4 nays (Smith, McKnight, Roesler, Talley); motion did not carry. 9. CONSIDER APPROVAL TO INCREASE COVERAGE LIMIT OF THE TOWN OF SHELBURNE’S VFIS ACCIDENT AND SICKNESS POLICY FOR FIRE AND RESCUE VOLUNTEERS TO $50,000 Mr. Talley recused himself. Mr. Bohne noted the Board received an overview on the request to increase the coverage amount to $50,000. MOTION by Mr. Smith, seconded by Mr. Pudvar, to approve the increase in the Town of Shelburne’s VFIS Accident and Sickness Policy coverage limit to $50,000 for Fire and Rescue volunteers as presented. VOTE: unanimous (4-0); motion carried. Mr. Talley rejoined the Selectboard 10. CONSIDER APPLICATION FROM KEVIN DWYER AND KIRSTEN DONNELLY FOR SEWER ALLOCATION OF 210 GALLONS PER DAY FOR PROPERTY AT 6529 SPEAR STREET MOTION by Mr. Roesler, seconded by Ms. McKnight, to approve the application by Kevin Dwyer and Kirsten Donnelly for sewer allocation of 210 gpd for property at 6529 Spear Street. VOTE: unanimous (5-0); motion carried. 10.a. APPOINTMENT OF TWO MEMBERS TO THE EMERGENCY SERVICES TASK FORCE MOTION by Mr. Smith, seconded by Ms. McKnight, to appoint Tim Pudvar and Jim Dudley to the Emergency Services Task Force, and to appoint Jim Dudley as the Emergency Services Task Force Chairperson for a 30 day period. DISCUSSION: Mr. Bohne noted Mr. Dudley was a “Disinterested-at-Large” party member. VOTE: 4 ayes, 1 abstention (Mr. Pudvar); motion carried. 11. CONSIDER APPROVING MINUTES OF AUGUST 12, 2008 MOTION by Mr. Roesler, seconded by Mr. Pudvar, to approve the minutes of 08/12/2008 as written. VOTE: unanimous (5-0); motion carried. 12. MANAGER’S REPORT Mr. Bohne reported bids will be opened for the Harbor Road Bridge project on 8/29/08. Construction will begin at the end of October. Harbor Road will be closed for several days and the contractor will stage the moving of water and sewer lines. The bridge will be replaced with a bottomless box culvert faced with rock. 13. MEMBER CONCERNS None. 14. ADJOURNMENT and/or EXECUTIVE SESSION – PERSONNEL & POTENTIAL LITIGATION MATTERS MOTION by Mr. Smith, seconded by Mr. Pudvar, to recess the regular meeting and enter Executive Session to discuss personnel and potential litigation matters, and to invite the Town Manager to attend. VOTE: unanimous (5-0); motion carried. The regular meeting was recessed and Executive Session convened at 10:10 p.m. RScty: KFurr
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