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December 2008
SELECTBOARDMINUTES OF MEETINGDECEMBER 9, 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: Dorothea Penar, Chris Cole, Fred Schmidt, John Giebink, Dennis Barton, Craig Smith, Charlie Brush; Danielle Frawley (Shelburne News). 6:00 p.m.: Executive Session – Personnel and Real Estate Matters 1. CALL TO ORDER (regular meeting) Mr. Talley, Chairperson, called the regular meeting to order at 7:25 p.m. 2. APPROVAL OF AGENDA Amendment:
Meeting Change:
3. CITIZEN PARTICIPATION None. 4. DISCUSSION OF CCTA OPERATIONS AND INITIATIVES WITH CHRIS COLE, FRED SCHMIDT AND DENNIS BARTON Chris Cole, CCTA General Manager, Fred Schmidt and Dennis Barton, Shelburne representatives on the CCTA Board, presented the proposed CCTA budget. Chris Cole stated there is a 2.6% increase in CCTA expenses that translates to an increase of 1.38% or $1,006 in assessment to Shelburne for bus service. Ridership has increased over the same period from last year. CCTA is proposing contracted management services for GMTA (non-profit transportation service) and discussing the creation of a five county regional transit authority. A merged regional service could take two years to implement. The regionalized transportation service would include 23 towns in the GMTA service area and seven member towns in CCTA. Regional funding via a voter approved taxing authority or a designated legislative state funding source is also being explored. Ms. McKnight spoke in support of a regional model, but expressed concern that local control may be lost if there is an automatic dunning via a regional tax. Mr. Cole explained diversity of funding is good thing and for local services it is good to have local dialogue to retain local taxation. There was discussion of the potential for the federal economic stimulus package to eliminate the local match requirement. There is concern that Vermont counties are not meaningful entities politically. 5. CONSIDER WAIVER OF PENALTY REQUESTED BY PAUL POTTER IN THE AMOUNT OF $224.00 FOR LATE PAYMENT OF TAXES Mr. Talley recused himself. Mr. Roesler assumed the duties of Chairman. The letter from Paul Potter, dated 12/01/2008, regarding a waiver for late payment of property taxes was read. MOTION by Mr. Smith, seconded by Ms. McKnight, to waive the penalty requested by Paul Potter, 94 Boulder Hill Road, in the amount of $224.00 for late payment of taxes. VOTE: 0 ayes, 4 nays (Roesler, Smith, McKnight, Pudvar); motion did not carry. Mr. Talley resumed the duties of Chairman. 6. CONSIDER WAIVER OF PENALTY REQUESTED BY NANCY HOLDEN IN THE AMOUNT OF $77.20 FOR LATE PAYMENT OF TAXES MOTION by Mr. Roesler, seconded by Mr. Smith, to waive the penalty requested by Nancy Holden, 209 Marsett Road, in the amount of $77.20 for late payment of taxes. VOTE: 0 ayes, 5 nays (Tally, Roesler, Smith, McKnight, Pudvar); motion did not carry. 7. CONSIDER WAIVER OF PENALTY REQUESTED BY JAY FLICKINGER IN THE AMOUNT OF $148.12 FOR LATE PAYMENT OF TAXES MOTION by Mr. Smith, seconded by Mr. Roesler, to waive the penalty requested by Jay Flickinger in the amount of $148.12 for late payment of taxes. VOTE: 1 aye (Mr. Pudvar), 4 nays (Talley, Roesler, Smith, McKnight); motion did not carry. 8. CONSIDER DEVELOPMENT AND APPROVAL OF DRAFT LANGUAGE FOR ARTICLES XIII-XV, XVIII AND XX OF THE PROPOSED AMENDMENTS TO THE SHELBURNE ZONING BYLAWS Mr. Talley reported the Planning Commission responded to the Selectboard feedback/comments on the amended articles in the Shelburne Zoning Bylaws which will be brought to a public hearing. The Board reviewed the following articles:
ACTION: The Selectboard will send the Giebink letter to the Planning Commission for consideration with Selectboard comments/feedback. ACTION: Section 1550 - add wording stating the Shelburne DRB will be guided by the Secretary of Interior Standards “as applicable”. MOTION by Mr. Roesler, seconded by Mr. Smith, to send the Green Mountain Development Group’s memo to the Planning Commission for immediate consideration as a basis to review Article XV and to be certain that the Village Design Overlay District applies clearly to new construction as it does to other types of construction (the sense of the Selectboard is that conceptually what is written in the memo makes sense and is consistent with the Town Plan). DISCUSSION: Mr. Smith suggested the motion include comments made earlier concerning scale and Secretary of the Interior Standards as guidelines for historic preservation. Mr. Roesler concurred (see bulleted item on Article XV above). VOTE: unanimous (5-0); motion carried. 9. CONSIDER WHETHER TO ASK THE PLANNING COMMISSION TO HOLD A HEARING ON THE ZONING MAP OF THE VILLAGE DESIGN REVIEW OVERLAY DISTRICT Mr. Roesler recused himself. Mr. Talley briefly reviewed the proposal is to expand the north boundary of the Village Design Review Overlay District to include the Thomas property. MOTION by Mr. Smith, seconded by Ms. McKnight, that the Selectboard request the Planning Commission to hold a public hearing on the proposed amendment of the zoning map showing the Village Design Review Overlay District to include the Thomas property. VOTE: unanimous (4-0); motion carried. Mr. Roesler rejoined the Board. 10. CONSIDER APPROVING REQUEST FOR SEWER ALLOCATION BY GARY KRASOFSKI FOR 670 BAY ROAD MOTION by Mr. Smith, seconded by Mr. Pudvar to grant the sewer allocation request for 210 gpd to Gary Krasofski for 670 Bay Road. VOTE: unanimous (5-0); motion carried. 11. CONSIDER APPROVING MINUTES OF 11/25/2008 MOTION by Mr. Roesler, seconded by Mr. Pudvar, to approve the minutes of 11/25/2008 as written. VOTE: 4 ayes, 1 abstention (Ms. McKnight); motion carried. 12. MANAGER’S REPORT
13. MEMBER CONCERNS Ms. McKnight asked that department heads come prepared with complete one-time only budget presentations to be done with a time limit. 14. EXECUTIVE SESSION None. 15. ADJOURNMENT MOTION by Mr. Roesler, seconded by Mr. Smith, to adjourn the meeting. VOTE: unanimous (5-0); motion carried. The meeting was adjourned at 9:02 p.m. RScty: KFurr Accepted by, For the Shelburne Selectboard
SELECTBOARDMINUTES OF MEETINGDECEMBER 17, 2008 MEMBERS PRESENT: Jim Talley (Chairperson); Bill Smith, Tim Pudvar, Robert Roesler, Jane McKnight. ADMINISTRATION: Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Dean Pierce, Planner. OTHERS PRESENT: Dorothea Penar, Rob Keyzak, Fritz Horton, Wright Caswell. 1. CALL TO ORDER Mr. Talley, Chairperson, called the meeting to order at 7:07 p.m. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. CITIZEN PARTICIPATION Fritz Horton, Shelburne Historic Preservation and Design Review Commission (HPC), recalled the Selectboard discussed Article XV revisions related to the Design Overlay District and in response to that discussion, as Chair of the HPC, he drafted talking points for the Planning Commission to consider. HPC will meet to create a summary of these discussions, including Article VIII, which is the underlying zone in the district (specifically Section 841 and subparagraphs related to mixed use density bonuses). For example, Section 841.3 - Criteria is almost verbatim of the criteria that the HPC uses for transition zones. HPC suggests that the HPC be referenced as a part of the review process. The DRB does not review “scale” as does the HPC. The HPC makes recommendations to the DRB regarding scale in terms of proportion, texture, and such. Mr. Bohne noted that the proposed changes to Article XV requires a public hearing according to the opinion of the Town Attorney. There was further discussion regarding the Village District of which a large part would be covered by the overlay district; the potential to make a motion to hold a public hearing to consider the suggestions as outlined in the Giebink memo (dates to consider for a motion are 1/8/2009 for a February hearing), and that there should be HPC involvement (input/recommendations) with the DRB review process. Ms. McKnight spoke in support of the HPC concept. Mr. Pierce clarified that the Selectboard could request that the Planning Commission warn a hearing as drafted (changes to Article XV, review criteria). Language could change after the Planning Commission hearing or the Board could wait for the Planning Commission meeting on 1/8/2009. Mr. Talley pointed out that the Board did not instruct the Planning Commission as to what to do, but just that the Board supported the Giebink memo in principle. Mr. Talley reviewed and read the draft Selectboard minutes from 12/9/2008 regarding the motion on the Giebink memo, confirming the Board asked the Planning Commission to use the (Giebink) suggestions as a basis for Article XV. Mr. Piece reported the Planning Commission acknowledged the Selectboard’s strong support to add the Giebink suggestions to Article XV. Mr. Horton pointed out there were three Planning Commission members who wanted more time to consider the memo and asked the HPC to convene a meeting to discuss the memo. Ms. McKnight asked for a copy of the HPC report on the matter. Mr. Talley said that the Board had no objection to referencing the HPC. Mr. Pierce asked Mr. Horton to forward a draft of the DRB/HPC meeting minutes to his office and to draft a potential motion for the Planning Commission to consider. Mr. Talley invited the public to attend the 1/13/2009 Board meeting to be held in the Wake Robin Community Room. Mr. Talley announced he will not seek a third term on the Selectboard. A two-year seat will be open and petitions for the open seat are encouraged. 4. CONSIDER REQUEST FROM THE PLANNING COMMISSION TO AMEND ARTICLE XIX, PARKING, SECTION 1960.1.n, BY CHANGING THE MODIFICATION FROM 50 PERCENT TO 30 PERCENT Mr. Pierce stated the current Article XVI is proposed as the new Article XIX. In the first proposed amendments package the Planning Commission proposed an allowable waiver of up to 50 percent be added to a Redevelopment PUD. In more recent discussions the Planning Commission felt it more appropriate for up to a 30 percent waiver. The 50 percent number was used as part of the Redevelopment PUD (Shelburne Inn) as a maximum. The Board does not have to approve a maximum, said Mr. Pierce. The consensus of the Selectboard is to support a maximum of 30 percent as an acceptable figure. Mr. Pierce said when Article XIX is discussed at a public hearing it will be pointed out there is a change to Article XIX. 5. CONSIDER REQUEST TO AMEND ARTICLE XIX, SIGNS, SECTION 1970.2.f.5, SPECIAL PROVISIONS, BY CHANGING THE END DATE FROM SEPTEMBER 15 TO OCTOBER 15 Wright Caswell, Shelburne Baseball, stated fall baseball continues through September when the signs are to be removed. There are now more fields in town to clean up and close out. Signs are stored in the dugouts which is not possible with games still being played. Mr. Caswell requested the end date be changed to October 15th. Mr. Talley cautioned against signs remaining year round. Mr. Pierce will inform the Planning Commission of the Selectboard’s position regarding the sign removal date. A public hearing by the Planning Commission is not required for the change. 6. CONSIDER AUTHORIZING THE TOWN MANAGER TO ENTER INTO A THREE YEAR CONTRACT WITH FOTHERGILL, SEGALE & VALLEY FOR AUDITING SERVICES Mr. Frankenburg reviewed the recommendations to renew a three year contract with Fothergill, Segale & Valley for auditing services rather than going out to bid at this time. MOTION by Mr. Roesler, seconded by Mr. Pudvar, to authorize the Town Manager to enter into a three year contract with Fothergill, Segale & Valley for auditing services for a cost of $20,400 for 2009, $21,000 for 2010 and $21,600 for 2011. DISCUSSION: Ms. McKnight did not have issue with the firm or the cost of services, but questioned binding the town to a three year contract. Using a different firm at some point will provide a different set of eyes on town affairs. Staff will revisit contract terms with Fothergill, Segale & Valley. Mr. Smith stressed whichever firm is hired should be current with GAAP. The Town should plan to do an RFP at the end of the three year term. VOTE: 4 ayes, 1 nay (Ms. McKnight); motion carried. 7. CONSIDER EXECUTING A NEW CAPITAL EQUIPMENT NOTE WITH THE STATE OF VERMONT IN THE AMOUNT OF $68,640 FOR A TERM OF FIVE YEARS AT 2 PERCENT TO FINANCE THE 2009 INTERNATIONAL DUMP TRUCK, PLOW AND SANDER MOTION by Mr. Smith, seconded by Ms. McKnight, to authorize the Town Manager to execute a new Capital Equipment Note with the State of Vermont in the amount of $68,640 for a term of five years at 2 percent to finance the 2009 International dump truck, plow and sander. VOTE: unanimous (5-0); motion carried. 8. CONSIDER EXECUTING RENEWAL OF THE BOND ANTICIPATION NOTE WITH CHITTENDEN BANK IN THE AMOUNT OF $100,000 FOR A TERM OF SIX MONTHS AT 2.65 PERCENT FOR THE CONSTRUCTION OF THE LONGMEADOW PUMP STATION MOTION by Ms. McKnight, seconded by Mr. Roesler, to authorize the Town Manager to execute renewal of the Bond Anticipation Note with Chittenden Bank in the amount of $100,000 for a term of six months at 2.65 percent for the construction of the Longmeadow Pump Station. VOTE: unanimous (5-0); motion carried. 9. CONSIDER APPROVING REQUEST FOR SEWER ALLOCATION BY JACK RUSSELL OF 686 BAY ROAD IN THE AMOUNT OF 210 GALLONS PER DAY MOTION by Mr. Pudvar, seconded by Ms. McKnight, to approve the request for sewer allocation by Jack Russell of 686 Bay Road in the amount of 210 gpd as presented. VOTE: unanimous (5-0); motion carried. The Selectboard signed the document. 10. CONSIDER APPROVING EMPLOYEES ANNUAL HOLIDAY BONUS MOTION by Ms. McKnight, seconded by Mr. Smith, to approve the Employees Annual Holiday Bonus in the amount of $30 for each employee. DISCUSSION: Mr. Roesler asked if the bonus is for permanent full time and part time employees. Mr. Frankenburg confirmed this, adding the money is from the Selectboard’s Discretionary Fund as a “thank you” from the Board. VOTE: unanimous (5-0); motion carried. 11. APPROVAL OF MINUTES OF 12/09/2008 Approval of the 12/9/2008 minutes tabled until the next meeting of the Board. 12. MANAGER’S REPORT Mr. Bohne reported on the following items:
13. MEMBER CONCERNS Ms. McKnight asked if the auditors present a report to the Board. Mr. Frankenburg confirmed a presentation is a part of the contract. The final draft will be ready for the February meeting. Ms. McKnight asked for a copy of the draft report prior to the meeting. Mr. Talley wished everyone a happy holiday season and safe travels. 14. EXECUTIVE SESSION MOTION by Mr. Pudvar, seconded by Mr. Roesler, to adjourn the regular meeting and enter Executive Session for the purpose of discussing personnel and litigation matters, and to invite the Town Manager to attend. VOTE: unanimous (5-0); motion carried. The regular meeting was adjourned and Executive Session convened at 8:20 p.m. MOTION by Mr. Roesler, seconded by Mr. Pudvar, to adjourn the meeting. VOTE: unanimous (5-0); motion carried. The meeting was adjourned at 9:10 p.m. RScty: KFurr Accepted, For the Shelburne Selectboard Selectboard 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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