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November 2008
TOWN OF SHELBURNE SELECTBOARDMINUTES OF MEETINGNovember 11, 2008 MEMBERS PRESENT: Jim Talley, Chairperson; Bill Smith, Tim Pudvar, Robert Roesler, Jane McKnight. ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer. OTHERS PRESENT: Jim Washburn, Danielle Frawley (Shelburne News). 6:30 p.m.: Executive Session – Contracts and Personnel Matters 1. CALL TO ORDER (regular meeting) Mr. Talley, Chairperson, called the regular meeting to order at 7:02 p.m. 2. APPROVAL OF AGENDA There were no additions/deletions to the agenda. 3. CITIZEN PARTICIPATION None. 4. CONSIDER AMENDING SEWER CAPACITY ALLOCATION ORDINANCE, ATTACHMENT B, TO REFLECT CORRECT PLANT FLOWS AND RESULTING CORRECT THREE YEAR ALLOCATION (First Reading) Mr. Bohne noted there was an error in Attachment B of the Sewer Capacity Allocation Ordinance related to available capacity for Plant #2. MOTION by Mr. Roesler, seconded by Mr. Pudvar, to approve the recommended changes to the Sewer Capacity Allocation Ordinance, Attachment B, to reflect the correct plant flows and the resulting correct Three Year Allocation as a First Reading, and to warn a public hearing on November 25, 2008. VOTE: unanimous (5-0); motion carried. 5. CONSIDER REIMBURSING MARCEL BEAUDIN FOR A PORTION OF HIS EXPENSE FOR INSTALLING A FORCE MAIN ON BAY ROAD Mr. Talley reviewed the discussion held at the 10/28/2008 Selectboard meeting regarding the request by Marcel Beaudin for reimbursement of expenses related to the installation of a force main on Bay Road. The Board deferred consideration of the request until review of appropriate minutes from 11/08/2005 and 12/13/2005 could be done. Mr. Talley read excerpts from the minutes. Mr. Bohne explained Mr. Beaudin’s engineer recommended installation of a 1 ½” pipe. The Town requested that a 2” line be installed at the same time. Beaudin paid approximately $4,000 for the 1 ½ ” line, which is the line in use currently. The two inch line is not being used. Jim Washburn, resident, pointed out that Mr. Beaudin’s engineer said the two inch line would not provide enough pressure and a 1 ½” line is better. Mr. Beaudin would not have been able to develop his two lots without the line. Mr. Washburn questioned reimbursing Mr. Beaudin’s expenses since Mr. Beaudin recouped his costs when the lots were sold. Mr. Washburn asked if the Town will approach the individuals who purchased the lots to cover costs. Mr. Talley stated the two lots are not part of the eight properties in the Special Assessment District. Ms. McKnight recalled she requested Mr. Beaudin provide evidence of other towns covering similar costs. Ms. McKnight said her research showed some communities limit reimbursement of development costs to gas or electric lines. There is no agreement per 2005 documents, but Mr. Beaudin could have a license and go ahead with the project, however it appears Mr. Beaudin went forward with the project without an agreement. Mr. Bohne pointed out an argument could be made that Mr. Beaudin spent $4,000 above his costs to install the lines which are a benefit to the town. Following further discussion the Board decided to view video tapes of the 11/08/2005 and 12/13/2005 meetings to determine exactly what was discussed. 6. CONSIDER AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH VERMONT APPRAISAL COMPANY TO ACT AS THE TOWN ASSESSOR Mr. Bohne stated the Town has worked with Ted Nelson, Vermont Appraisal Company, to provide services to the Assessor’s Office, including current appeals. The company will begin work in January. The contract (Attachment A) is for 20 hours per week for 40 weeks at a cost of $37,000. David Martin, current Assessor, will remain until January. MOTION by Mr. Pudvar, seconded by Ms. McKnight, to authorize the Town Manager to execute a contract with Vermont Appraisal Company to act as Town Assessor. VOTE: unanimous (5-0); motion carried. Mr. Talley asked staff to draft a letter to Mr. Martin commending him for his excellent service to the Town. 7. CONSIDER ADOPTING FEE SCHEDULE FOR LEGAL SERVICES TO THE PLANNING AND ZONING DEPARTMENT Mr. Bohne briefly reviewed the fee schedule for document review relative to land development activities as proposed by the Town Attorney. MOTION by Mr. Roesler, seconded by Mr. Smith, to adopt the fee schedule for legal services to the Planning and Zoning Department related to land development activities as presented. DISCUSSION: Mr. Bohne noted fees charged by the Town Attorney will be passed on to the developer. VOTE: unanimous (5-0); motion carried. 8. CONSIDER RENEWAL OF CAPITAL EQUIPMENT NOTE WITH CHITTENDEN BANK IN THE AMOUNT OF $6,450 FOR A TERM OF ONE YEAR AT 2.65% FOR POLICE DEPARTMENT RECORDING EQUIPMENT PURCHASED IN FY2008 MOTION by Mr. Smith, seconded by Mr. Pudvar, to approve renewal of the Capital Equipment Note with the Chittenden Bank in the amount of $6,450 for a term of one year at 2.65% for Police Department Recording Equipment purchased in FY2008. VOTE: unanimous (5-0); motion carried. 9. CONSIDER APPROVING THE MINUTES OF OCTOBER 28, 2008 MOTION by Ms. McKnight, seconded by Mr. Smith, to approve the minutes of 10/28/2008 as written. VOTE: unanimous (5-0); motion carried. 10. MANAGER’S REPORT Mr. Bohne reported on the following items:
11. MEMBERS CONCERNS Mr. Smith asked for an update on the status of winter salt supplies. Mr. Bohne reported the salt shed is full, but demand will not be known until February. Paul Goodrich will refill the supply as salt is drawn down. Mr. Roesler asked if decreasing fuel prices are having a positive impact on the budget. Mr. Frankenburg replied fuel prices were up during the first quarter. It is expected the lower fuel expenses will catch up later in the budget cycle. Mr. Talley thanked all veterans for their service to the country. 12. ADJOURNMENT and/or EXECUTIVE SESSION MOTION by Mr. Roesler, seconded by Ms. McKnight, to adjourn the regular meeting and enter Executive Session for the purpose of discussing legal matters, and to invite the Town Manager and Town Attorney to attend. VOTE: unanimous (5-0); motion carried. The regular meeting was adjourned and Executive Session convened at 8:40 p.m. RScty: KFurr
SELECTBOARDMINUTES OF MEETINGNovember 25, 2008 MEMBERS PRESENT: Jim Talley, Chairperson; Bill Smith, Tim Pudvar, Robert Roesler. (Absent: Jane McKnight). ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Dean Pierce, Town Planner; Craig Wooster, Shelburne Fire Chief. OTHERS PRESENT: Dick Elkins, Danielle Frawley (Shelburne News). 6:00 p.m.: Executive Session – Contracts and Personnel Matters MOTION by Mr. Roesler, seconded by Mr. Smith, to enter Executive Session at 6:05 p.m. for the purpose of discussing contract and personnel matters, and to invite the Town Manager, Police Chief, Police Sergeant, and Finance Director to attend. VOTE: unanimous (4-0); motion carried. The Board exited Executive Session at 7:01 p.m. 1. CALL TO ORDER (regular meeting) Mr. Talley, Chairperson, called the regular meeting to order at 7:12 p.m. 2. APPROVAL OF AGENDA Agenda Item #5: Deleted. 3. CITIZEN PARTICIPATION None. 4. PUBLIC HEARING: CONSIDER AMENDING SEWER CAPACITY ALLOCATION ORDINANCE, ATTACHMENT B, TO REFLECT CORRECT FLOWS FOR PLANT #2, AND RESULTING IN CORRECTION OF THE CURRENT THREE YEAR ALLOCATION Mr. Bohne reviewed the error regarding Attachment B of the Sewer Capacity Allocation Ordinance and available capacity for Plant #2. MOTION by Mr. Roesler, seconded by Mr. Smith, to approve the recommended amendment changes to the Sewer Capacity Allocation Ordinance, Attachment B, to reflect correct flows for Plant #2. VOTE: unanimous (4-0); motion carried. 5. DISCUSSION OF CCTA OPERATIONS AND INITIATIVES WITH SHELBURNE DIRECTORS TO CCTA Deferred to the next meeting of the Selectboard. 6. CONSIDER DEVELOPMENT AND APPROVAL OF DRAFT LANGUAGE FOR ARTICLE IX OF PROPOSED AMENDMENTS TO THE SHELBURNE ZONING BYLAWS Dean Pierce, Town Planner, reviewed draft language incorporating comments from both the Planning Commission and Selectboard. Mr. Talley noted discussion of Article IX concerned an extensive list of conditional uses. Public input indicated a desire to winnow down the list. The Planning Commission did review and eliminate some uses. The Selectboard also asked the Planning Commission to reconsider the scale of Elder Care and Elder Housing as a PUD, which should be consistent with the neighborhood. The Planning Commission recommended removing elder housing from the district. Dick Elkins, Planning Commissioner, explained the zone is almost fully developed currently and if a large elder housing development is built there would be traffic and parking issues. There is one existing six-unit elder housing building just outside the district. Dean Pierce mentioned the Town Plan supports commercial uses in the area, but if that is the wrong direction then there should be changes to zoning as well as the Town Plan. In response to a question about changes of use for existing stores, Mr. Pierce explained that if a store use is changed to a residential use then the retail/store use cannot occur again at the site. Existing non-conforming uses can continue and/or expand though. Regarding Bed& Breakfast establishments, the Board felt allowing three rooms is reasonable. Mr. Elkins stated the Planning Commission suggested two rooms due to parking and traffic concerns. Mr. Pierce noted a B&B is a home occupation, which is treated as a single family home. The Town does not regulate home occupations. Mr. Pierce mentioned the Planning Commission will hold a special meeting on 12/4/08 to complete discussion of Article X. Unfinished business will be covered at the regular Planning Commission meeting on 12/11/2008. 7. CONSIDER ADOPTING A POLICY THAT DESIGNATES THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN THE TOWN OF SHELBURNE Craig Wooster, Shelburne Fire Chief, reviewed the National Incident Management System (NIMS) utilized by the Town of Shelburne. NIMS is a unified command system across town services. Homeland Security grants are tied to adoption of NIMS. Paul Bohne said training will be provided to staff. MOTION by Mr. Smith, seconded by Mr. Pudvar, to adopt a policy designating the National Incident Management System (NIMS) as the basis for all incident management in the Town of Shelburne. VOTE: unanimous (4-0); motion carried. 8. CONSIDER APPOINTMENT OF JOHN HASEN AS CHAIR OF THE EMERGENCY SERVICES TASK FORCE MOTION by Mr. Smith, seconded by Mr. Roesler, to appoint John Hasen as Chair of the Emergency Services Task Force. DISCUSSION: The Selectboard thanked Jim Dudley, former Emergency Services Task Force Chair, for his services as a facilitator and clear thinker. VOTE: unanimous (4-0); motion carried. 9. PRELIMINARY PRESENTATION AND DISCUSSION OF PROPOSED CAPITAL IMPROVEMENT PLAN AND BUDGET Mr. Frankenburg gave an update on the six year plan for anticipated capital projects. There are 103 projects identified ranging in cost from $5,000 to $1.5 million. Actual funding of these projects takes place during the annual budget process or by bond vote. The next steps include gathering feedback on projects to include in the 2009-2010 proposed budget. Mr. Smith asked about the amount of debt service the town is willing to commit for department services and funding sources based on historical information as well as state and federal funding restraints. Mr. Bohne acknowledged Shelburne has a high amount of debt mainly due to sewer improvements. Debt peaked three years ago. The Town Center building payoff began in 2000 and is now starting to drop off. Mr. Talley asked if any school related projects are included on the list. Mr Frankenburg said that there are none. Staff will contact the school to see if any major projects are planned. 10. CONSIDER AUTHORIZING THE TOWN MANAGER TO EXECUTE A LEASE AGREEMENT WITH OMNIPOINT COMMUNICATIONS, dba T-MOBILE, FOR SPACE TO LOCATE WIRELESS TELEPHONE ANTENNAS ON THE TOWN’S SOUTH WATER TANK MOTION by Mr. Roesler, seconded by Mr. Smith, to authorize the Town Manager to execute a lease agreement with Omnipoint Communications, dba T-Mobile, for space to locate wireless telephone antennas on the Town’s South Water Tank. DISCUSSION: Mr. Bohne explained the terms as an initial five year lease that includes three additional five year renewal terms. A number of protections are written into the lease to cover required maintenance such as painting of the tank. Mr. Talley noted Vermont is one of two states without T-Mobile service. VOTE: unanimous (4-0); motion carried. 11. CONSIDER APPROVING RENEWAL APPLICATION FOR FIRST CLASS LICENSE FOR MARCO’S PIZZA AND GRILL The Selectboard signed the renewal documents for a First Class License for Marco’s Pizza and Grill. 12. CONSIDER APPROVING MINUTES OF NOVEMBER 11, 2008 MOTION by Mr. Roesler, seconded by Mr. Smith, to approve the minutes of 11/11/2008 as written. VOTE: unanimous (4-0); motion carried. 13. MANAGER’S REPORT Mr. Bohne reported on the following items:
14. MEMBERS CONCERNS Mr. Pudvar asked for an update on the Webster Road path. Mr. Bohne reported the town received right-of-way plans from the engineer. Easements are needed on 15 properties. The Town Attorney is drafting easement documents. Mr. Talley reviewed correspondence including the letter regarding the Department of Taxes 2008 Equalization Study. Mr. Talley asked if there is a Town Constable. Mr. Bohne confirmed this. All were wished a happy and safe Thanksgiving. 15. ADJOURNMENT MOTION by Mr. Roesler, seconded by Mr. Pudvar, to adjourn the meeting. VOTE: unanimous (4-0); motion carried. The meeting was adjourned at 8:30 p.m. RScty: KFurr Accepted, 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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