May 23, 2013

Lawmakers irked by sales tax opposition

House speaker against extending 2008 sunset on levy

By Tom Gresham
Observer staff

Local legislators expressed frustration at roadblocks during the recent legislative session to firming up the local option taxes, pointing to rivalries among towns and a staunch opponent in a leadership post.

Sen. Ginny Lyons, who represents Chittenden County, and Rep. Mary Peterson, one of Williston’s two representatives, said the debate on sales and rooms and meals taxes was often contentious during the recent session and the lack of results maddening.

Both the House of Representatives and the Senate approved separate provisions that would have kept the local option taxes in Williston beyond 2008, when municipalities authorized to use the levies lose that authority. Williston has a 1 percent sales tax and a 1 percent rooms and meals tax that intended to fund infrastructure needs connected with commercial development.

The House provision would have extended the sunset on the local option taxes beyond 2008, while the Senate provision would have extended the right to levy local option taxes to every municipality in the state.

However, Senate and House negotiators could not agree on a compromise, according to House Speaker Gaye Symington, D-Jericho. “We agreed to put things off until next year,” she said.
Peterson and Lyons, both Democrats, pointed to Symington’s opposition as an obstacle to expanding the local option taxes to more municipalities and allowing Williston to continue to use the taxes.

“I can’t underestimate how passionately opposed to the local option tax the speaker is,” Peterson said.

The stakes for Williston taxpayers are huge. The sales and rooms and meals taxes have allowed the town to reduce the property tax rate by roughly 27 cents per $100 in valuation. That equates to $540 in annual property tax savings for the owner of a $200,000 house.

Symington questions whether local option taxes have been fair. She said residents from other towns pay the tax when they shop, but they do not share the same benefits Williston residents enjoy.

She said representatives of some of the state’s smaller towns wonder whether their constituents are well served by the tax. Smaller municipalities with smaller commercial bases would not benefit from the tax and would therefore not be interested in gaining the option of using it.

“The local option taxes are paid by all Vermonters, but the bulk of the revenue only goes to the particular towns with the taxes,” Symington said. “I understand the towns have infrastructure needs, because they are centers of business, but I don’t think there’s been enough work to see who’s paying the bill and who’s benefiting from it. I’m not willing to just go ahead without looking at what the impact on taxpayers in smaller towns is.”

Symington has agreed to convene a study group to take a closer look at local option taxes. The group will meet in the fall or next January.
Peterson said she has encountered several legislators who believe a greater cut of the local option taxes should be distributed to the state. She called the suggestion “ludicrous.” She said most states allow local option taxes and ask for a much smaller cut of the revenue than Vermont does, if they ask for any at all. The 30 percent of local option taxes that are sent to the state government in Vermont is already “unprecedented,” Peterson said.

Resentment at Williston’s low property tax rate is behind some legislators’ opposition to the town continuing to have the tax, Lyons said. The town had a municipal property tax rate of 8 cents this year. Without the local option tax, the rate would have been around 35 cents.

“One of the basic problems for us is that the towns around us who don’t have the tax and want it use us as an example, so people get mad at us,” Lyons said.

Peterson said the discussion of the issue in the House of Representatives has been distinctively parochial.

“In instances like this, I don’t think folks are really being fair to Williston,” Peterson said. “They aren’t looking at the other side of the ledger and the amount of economic activity produced for the state here.”

Although the local option tax would not sunset until the end of 2008, Town Manager Rick McGuire said that is not distant for purposes of municipal planning. For instance, a town charter change that institutes a new funding source could take two years.

Peterson advocates starting a task force in Williston that would study the local option taxes and possible alternatives to them.

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Lake Iroquois Beach set to open

Cool temperatures delayed season’s start

By Tom Gresham
Observer staff

This spring’s stubbornly cool, rainy weather kept Lake Iroquois Beach from opening as scheduled over the Memorial Day weekend. However, the beach is set to open this Saturday as the weather forecast brightens.

Williston Public Works Director Neil Boyden said last week that temperatures were recently measured in the water off the beach at about 48 degrees — much too cool for most swimmers. May’s persistent rain and below-average temperatures have kept the water from warming, he said.

The frigid waters prompted the Lake Iroquois Recreation Board of Commissioners to delay the opening of the beach a week beyond its traditional Memorial Day weekend start. The beach is owned by the towns of Hinesburg, Richmond, St. George and Williston. The Board of Commissioners includes a representative from each town.

“The beach has always been weather dependent,” said Boyden, who is Richmond’s representative on the Board of Commissioners. “It clearly wasn’t warm enough to open it yet this (Memorial Day) weekend.”

The weather has evidently dulled residents’ interest in swimming. Kathy Smardon, Williston’s assistant town clerk, said last week that the town had sold only 12 beach season passes — about half of what it would typically have sold before Memorial Day.

Forecasts for the upcoming weekend show sun and temperatures reaching into the 80s. Boyden expects interest in swimming to escalate accordingly.

The beach will be open on weekends only for the next few weeks, until the school year ends. It will then be open daily.

There will be two notable differences this year for Lake Iroquois beachgoers. One is a change in food vendor. The operators of Bridge Street Cafe in Richmond will run the concession booth.

Boyden said Bob and Helen Koch, who had managed the food concessions at the clubhouse behind the beach for roughly eight years, informed the Board of Commissioners about a month ago that they would be unable to provide the services again.

Boyden said the Recreation District advertised locally in search of a new vendor, but received no responses. So, Boyden approached the Bridge Street Cafe about taking the job. He said the business agreed, on short notice, to assume the vendor responsibilities.

“They ought to be really good,” Boyden said. “We’re lucky to get them.”

The beach area will also feature a new playground designed to accommodate more children. The previous playground, which was installed in 1991, had been restricted to children age 6 and older. The new playground will suitable for children ages 2-12, according to Boyden.

“We’re getting a lot younger clientele there than six years old and we decided we needed to get the equipment to serve them,” Boyden said earlier this year.

The new equipment, which cost approximately $6,200, will be funded with a state grant. Boyden said the playground should be installed around June 18, near the time school lets out.

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Interstate projects will smooth bumps and reduce backups

Work to start in July, state official says

By Greg Elias
Observer staff

Roadwork that will smooth the rough ride on Interstate 89 and ease congestion at exit 12 begins this summer.

The paving project includes 16 miles on the southbound side of I-89 between Bolton and South Burlington. The exit 12 work involves lengthening the deceleration lane and adding a lane to the southbound off-ramp that leads to Vermont Route 2A.

Motorists who suffer the bruising ride while dodging ruts and potholes during their daily commute say they are eager to see the repaving completed.

“It’s like a roller coaster ride,” said Bolton resident Kelly O’Brien, who commutes on Interstate 89 between Richmond and Williston to her job as a Vermont State Police dispatcher.

The stretch of Interstate 89 was last paved less then a decade ago, said Mike Hedges, paving program manager for the Vermont Agency of Transportation. A type of asphalt designed to reduce road spray and provide better traction was used.

But the state found that the pavement, which was supposed to last for 15-20 years, has a far shorter lifespan.

“It had many useful benefits,” Hedges said. “But we found that in modern applications it has a 9- to 10-year lifespan. Then it fails dramatically.”

Indeed, the quality of the southbound drive between Williston and Richmond has deteriorated rapidly over the past year. Shallow but wide potholes pockmark the stretch between Williston and Richmond. The segment between the Williston and Shelburne Road exits also has flaws.

Both stretches are marked by grooves and washboard pavement. Vehicles occasionally kick up pieces of loose asphalt, a distraction for drivers and a danger to windshields.

Williston resident Phyllis Etienne, who sometimes drives on Interstate 89 to reach Burlington, said she has seen the rapid deterioration.

“It’s definitely noticeable,” she said. “I find myself consciously steering from one lane to another to avoid it.”

Hedges, while acknowledging that potholes could present safety issues for motorists traveling at 65 mph, said many other roads are worse. “They are not as bad as the potholes we have elsewhere,” he said.

The limited lifespan of asphalt on Interstate 89 has been a problem since the state started using the new type of pavement in the 1990s. Last year, the state had to repave a stretch of I-89 between exits 8 and 10.

Was it a mistake to use the new type of paving, which allows water to drain better but apparently doesn’t hold up in Vermont’s rugged climate?

“When we planned it, we felt it was the best available product,” Hedges said. “That’s why we put it on the interstate. We anticipated it would last longer — 15-20 years — than it did.”

About 150 miles of interstate in Vermont have been paved using the asphalt. Hedges said much of it will need to be repaved in coming years.

The work of the exit 12 off-ramp is designed to reduce traffic backups, which sporadically cause vehicles to spill out onto the traveled portion of the highway. Residents and town officials have complained that the situation is a serious hazard, as vehicles traveling at 65 mph bear down on the line of stopped cars.

The state originally planned to do the ramp work in 2006. But that timetable was accelerated after town officials and resident complained that the traffic backups amounted to an emergency safety issue and the state concluded it would make sense to combine the paving and ramp projects.

A second left-turn lane will be added to the ramp to accommodate the majority of the traffic that heads north on Route 2A. The deceleration lane leading up to the ramp will be lengthened, and the timing of traffic signals may be adjusted, Hedges said.

The ramp project will cost an estimated $500,000, Hedges said. The interstate paving will cost roughly $4 million. Federal funding will pay 90 percent of the cost of both projects.

The repaving work will start just north of the 189 interchange (where motorists exit to reach Shelburne Road) and continue south to Bolton. The state will advertise the projects in May, with bidding taking place the following month. Hedges said both the repaving and ramp work would likely begin in July. The projects are expected to take one construction season, which runs through October.

No paving will take place on the northbound side of I-89. Hedges said a northbound stretch between Richmond and Bolton was repaved two years ago.

Motorists will have to deal with congestion as a result of the work, but Hedges said the state will take steps to minimize problems. He said no paving on Interstate 89 will take place during rush hours — 7 a.m. to 9 a.m. and 3 p.m. to 7 p.m. Work will largely take place off the side of the exit 12 ramp, so Hedges does not foresee major traffic issues with that project.

“I think (the workers) will be somewhat out of the way of traffic,” he said. “But there will be some disruption anyway.”

 

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Giant project takes big step

Decision clears way for new housing

By Tom Gresham
Observer staff

The largest proposed residential development in Williston history was one of eight projects to receive phasing Tuesday night under new subdivision rules governing when and how fast housing can be built.

The developments receiving phasing from the Development Review Board will likely constitute a major portion of the total residential construction in town over the next decade. In all, the board allocated 377 units for phasing to the eight projects, including 320 units for the proposed project on the Pecor horse farm on U.S. Route 2.

Town Planner Lee Nellis said “200-some” units remain available for construction in the next 10 years.

“An awful lot happened, but not everything that’s possible,” Nellis said.

The projects receiving phasing, which requires developments to be built over several years, still have permits to secure before construction can begin. The minor subdivisions need to receive final subdivision approval, while the other projects need both preliminary and final subdivision approval.

In addition to those receiving phasing, Nellis said the Selectboard had approved a settlement Monday night with Village Associates, the developer that had filed suit against the town after not receiving a sewer allocation for a large multi-use project proposed for Zephyr Lane.

Nellis said Wednesday the settlement had still not been formally filed so he could not release the agreement’s terms. However, Village Associates was removed from the list of developments seeking phasing Tuesday night, suggesting that the project, which is named “the Hamlet,” had received phasing as part of the deal.

Under the town’s new subdivision regulations, which the Selectboard approved in May, projects do not compete with every other project seeking phasing but only with proposals within the same zoning district. Projects are ranked based on how well they meet specified criteria. The criteria include affordable housing, open space and available trails and paths.

Previous rules required small subdivisions to compete for phasing against major projects, prompting the Development Review Board to send a letter to the Selectboard earlier this year expressing concern with the system. The Development Review Board waited to distribute phasing until the Selectboard had passed a new set of regulations.

“I think it’s to everyone’s advantage to be judged based on your area,” said Kevin McDermott, the Development Review Board chairman.

The still-unnamed project planned for the Pecor horse farm on U.S. Route 2 received phasing that will allow most of its proposed 356 residential units to be built over nine years starting July 1, 2006. In addition to its remaining municipal permits, the project needs to secure a state Act 250 environmental permit to move forward.

The horse farm project did not receive enough phasing for its final 36 units. Nellis said there was not enough sewer to accommodate those units, and their phasing would depend on the town acquiring more sewer capacity in the next 10 years. Unlike in past years, the projects receiving phasing Tuesday are also guaranteed sewer allocations for the units they received.

Other projects to receive phasing included the DeSarno property on Old Stage Road (two units), two subdivisions on Oak Hill Road (three units), the South Meadow project on South Road (16 units), Randy Stevens’ subdivision on South Road (five units), the Barone/Goodrich senior housing project on U.S. Route 2 and Timothy Way (14 units), and Churchview Estates, another senior housing project, which is set on Old Stage Road (17 units).

Bob Snyder, president of the Snyder Companies, one of the developers of the horse farm proposal, told the Development Review Board that the project benefited from the move to new subdivision regulations. He said certain alterations made the development “financially feasible.”

“The change to the subdivision regulations and the sewer allocation process are all very positive,” Snyder said. “The letter you sent to the Selectboard spurred them on to get moving on this. I think it was very helpful not only to us but to the town in general.”

The new regulations gave the hearing Tuesday night an uncertain air. Most of the developers seeking phasing spoke to the Development Review Board about their project, specifically addressing the criteria the board considers when ranking projects for phasing.

However, many were still unaware of the new criteria. Nellis handed out a list of the new criteria to the developers while they waited in the audience for their turn to speak.

“It’s like a pop quiz,” McDermott said.

One prominent change in the criteria was the addition of energy conservation as a topic for ranking. Most of the developers speaking Tuesday night pledged to make their residential constructions meet the energy standards of Efficiency Vermont.

 

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Forum sparks mixed opinions on energy

GMP asks about preferences on power sources

By Mal Boright
Correspondent

The gathering was sparse, but the opinions were strongly in favor of wind power and the environment at a Green Mountain Power-sponsored energy forum last week at Williston Central School.

“We hoped for a slightly larger crowd,” said Dottie Schnure, corporate communications manager for Green Mountain Power. “But the people who came were very thoughtful and involved.”

Some 24 individuals expressed opinions when asked such questions as which renewable sources of power should be in GMP’s future, and what local environmental issues are of primary concern.

The gathering on Thursday, May 26 was the second of the local forums — the first drew 70 people in Montpelier — and, as explained by GMP Vice President Steve Terry, are designed to draw out opinions of Vermonters because, “important judgments must be made in the next several years regarding power sources we need in the future.

“They are going to be big and momentous decisions,” he said. “We now have time to think about it and involve our customers.”

Terry explained that the company’s current mix of power sources includes 37.5 percent from hydro, 36.9 percent nuclear, 18.7 percent from market purchases, 3.9 percent wood, 2.5 percent from natural gas and oil and 0.5 percent from wind generation.

He said that by 2012, “our current sources of supply will start to fade out” as the Vermont Yankee nuclear plant in Vernon license expires that year while in 2016 the company’s power purchase contract with Quebec Hydro expires.

“Then the questions becomes, what sources do we have and what prices will we pay,” Terry said.

He pointed out current customer surveys show Vermonter’s No. 1 concern is reliability, while price “is a concern but further down on the list.”

Terry said Vermonters also want clean energy with the primary concern being “what goes into the air” rather than “what come from the ground or nuclear waste.”

The audience responses to some of the questions asked were:

Most important issue: 70 percent, the environment; 17 percent cost; 13 percent reliability.

Second most important issue: 45 percent reliability; 32 percent cost; 18 percent environment.

Local environmental issues of concern: 52 percent air emissions; 32 percent nuclear waste storage; 8 percent wind turbines on ridgelines; 4 percent wind turbines’ effects on birds and other wildlife.

What renewable power sources should Vermont utilities pursue: 64 percent wind generation; 16 percent solar; 12 percent small hydro; 8 percent biomass such as wood.

The hydro alternative as a future source was described by Terry as somewhat uncertain once the current contract with Hydro-Quebec expires.

He said the Canadians have increasing power demands in their own country to take care of as a first priority. As for additional small hydro projects in Vermont, there seems to be limited possibilities,

“I do hope we have more wind generation,” Terry said. “Wind will work in Vermont. It just has to be in the right place.”

“In principle I agree with wind turbines,” said Hinesburg resident Joe Donegan. “But in principle I also like locally produced power. A home should generate its own power which would eliminate big corporations and issues of power control.”

Doug Smith, technical director for the Boston-based La Capra consulting firm, responded that economies of scale are not good for the installation of home power systems.

Looking ahead to 2015, Terry forecast that by then, “more people will have home-based technologies and there will be more conservation.”

To express your opinion on what energy source Vermont should use more of in the future, go to Green Mountain Power’s Web site, www.greenmountainpower.biz.

The Green Mountain Power road show will take the summer off and then continue this fall starting in Vergennes.

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