May 18, 2009 - Memo_______Date_

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May 18, 2009 - Memo_______Date_

Memo Date: May 18, 2009

    TO: Selectboard

FROM: Richard McGuire

RE: Manager’s Report

    The following is a brief report on various issues, agenda items, projects or activities. It is not intended as a comprehensive update of all projects underway.

    1. Call to Order - The meeting will start at 7:00 P.M.

    2. Environmental Scholarship Presentation - The two students accompanied by family

    members will be in attendance to receive recognition as recipients of the Williston

    Environmental Scholarship. Danika Frisbie will be studying environmental science

    this fall at UVM and Carl Lozon will be studying the same at the University of


    3. Service Award Presentation - In the past, the Selectboard has given special

    recognition to people who have served on a town board for at least 10 years and who

    are “retiring” from their position. Monday evening, Richard Pritsky, who is stepping

    down from the Conservation Commission, will be in attendance to be recognized for

    his 12 years of service to the Town.

    4. Minutes Minutes for the meeting held on May 4, 2009 are available for review.

    5. Public Comment - According to State Statutes, the Board must make time for public

    comment at each regular meeting. Subjects may include any item, whether or not the

    issue is on the agenda.

    6. Board Interviews/Appointments - There are currently openings on the following

    boards: Planning Committee (1), Development Review Board (1), Regional Planning

    Commission (1), Winooski Valley Park District (1), and Recreation Committee (1).

    Applications have been submitted by Heidi Auclair (DRB, Planning); John Bendzunas

    (DRB), Michael Alvanos (DRB, Planning); Kristen Hankins (Recreation Committee);

    and Carol Weston (WVPD). All but Kristen have been interviewed and we have been

    unsuccessful in reaching her. There have been no applicants interested in serving on

    the Regional Planning Commission. We have also heard back from Kevin Batson. He

    has indicated he is willing to continue as the alternate to the DRB. Should the Board

    wish to make any appointments, the following resolutions are suggested:

    MOVE to appoint ______________ to the Planning Committee for a term ending

    May 2010.

    MOVE to appoint ______________ to the Development Review Board for a term

    ending April 2010.

    MOVE to appoint Kristen Hankins to the Recreation Committee for a term ending

    April 2012.

    Town Manager’s Report Page 2 of 3

    May 18, 2009

    MOVE to appoint Carol Weston to the Winooski Valley Park District for a term ending March 2010.

    MOVE to appoint Kevin Batson as the alternate to the Development Review Board for a term ending May 2010.

    7. Right of First Refusal - The town is being asked to waive its right of first refusal on a property that is being sold here in the Village. The property is currently owned by Mr. John Remy and he has an offer for purchase of the property in the amount of $525,000. The parcel is located off of Route 2 and backs up to a portion of the community park. On the western border of the property is the parking area for the park. The right of first refusal was included in the warrantee deed when Mr. Remy purchased the property in 1992 from John and Marianne Lambert. Specifically, the deed states that the “back field’ which constitutes 7 acres more or less shall in the event that the grantee (Mr. Remy) wishes to convey the land to a third party, it must ndfirst be offered to the Town. The Town has 60 days from April 22 to match the

    offer in order to exercise this right of first refusal.

    This is the second time the Board has been asked to waive this right. The first time occurred in March 2007. The Selectboard waived its right but the sale did not go through.

    The Board made two requests following discussion on this issue at the last meeting. First, the Board asked that the School Board, Recreation Commission, Conservation Commission and Community Center Committee be contacted for their opinion on whether the town should purchase the land. In response, a memo was sent to the

    various boards. The School Board did not express an interest but the Recreation Commission suggested the Board should consider purchasing the property as a possible site for a community center. As of this writing, no response has been received from either the Conservation Commission or the Community Center Committee.

    The second question was a legal question about the waiver process. In response to the question, Attorney Joe Fallon responded with the following:

    There is no legal significance between the Town affirmatively voting not to elect to exercise the right of first refusal on the one hand and simply failing to respond within the 60-day period. Having said this, my recommendation would be to affirmatively waive the right of first refusal with a recitation of the terms set forth in the waiver and retaining the further right to purchase the property should the property not sell on those terms.

    In my judgment, if the sale does not go through to the third party making the offer, the Town would retain the right of first refusal to a new third party offer in the future. (As mentioned previously, I would make this clear in the waiver proffered by the Town.)

     If the Board wishes to waive this right, the following resolution is suggested:

Town Manager’s Report Page 3 of 3

    May 18, 2009

    MOVE that the Town waive its right of first refusal as it relates to a real estate

    transaction relative to property currently owned by John and Heather Remy

    located on Route 2 in Williston and the Manager is authorized to sign the waiver.

    If the sale does not go through, the town retains its right of first refusal as

    provided for in the Warranty Deed dated November 30, 1992.

    8. Town Manager’s Report

    a) Future Issues - Please refer to the attached list.

    b) Local Options Tax - Included is a report which includes the taxes received for

    the first quarter of calendar year 2009. The amount received compares

    favorably to the amount estimated for this quarter ($450,000). In general, the

    amount received is close to the estimates thus far for the current fiscal year.

    c) Financial Report - Included with this report is a memo and financial report

    from Susan Lamb, Finance Director for the period through the end of April.

    d) Legal Actions - Included with this report is a summary report of the status

    concerning assorted pending legal matters.

    e) Sewer Allocations - Included is a report of approved sewer allocations to date.

    f) Recreation Park Plans - As you may have read, the Development Review

    Board recently approved the pre-application permit for construction of a park

    behind Allenbrook School.

    9. Other Business

    10. Adjournment

    Please note: If an Executive Session is needed the following motion is suggested:

     To discuss (Name of Topic) which involves (labor relations, negotiations, civil

    action) where premature knowledge would place the Town at a substantial

    disadvantage and invite (name of persons other the Board) to attend.

    Selectboard Goals for Fiscal Year 2009

    1. Complete and implement development bylaws

    2. Become proactive in working with other governmental agencies

    3. Improve energy conservation and environmental efficiency

    4. Improve disaster planning

    5. Increase citizen participation and increase understanding of budget process

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