Board of Selectmen January 10, 2000

TOWN OF CHARLOTTE

BOARD OF SELECTMEN

MINUTES

JANUARY 10, 2000

MEMBERS PRESENT: Chairman Marty Illick

John Rosenthal

James Sheldon-Dean

Robert Mack, Jr.

OTHERS: Harley Allen

C.F. Siegel

Heather Manning

Charles Russell

Nancy P. Sabin

Moe Harvey

John Hammer

Linda Radimer

Claudia Mucklow

Nigel Mucklow

Dale Knowles

Hugh Lewis, Sr.

Dan Cole

Edward Melby

Hugh Lewis, Jr.

Shirley Bean

Sylvia Sprigg

Richard Grundler

Thomas F. Mackin

Al Moraska

Mary Ann Gatos

Dean Bloch

Dick St. George

Patricia Coleman

Peter Coleman

Louis Cox

Gloria Warden

Wendy Schroeder

________________________________________________________________

Chairman Illick called the meeting of the Board of Selectmen to

order at 7:10 p.m. in the Charlotte Town Offices.

APPROVE MINUTES OF DECEMBER 20th, & 29th

Chairman Illick asked board members if they wished to approve

the minutes of December 20, and 29, 1999. In the minutes of

December 20, Illick corrected in the fourth paragraph on page 6,

the reference to PRDs should be "non-contiguous PRDs" and on the

vote on the motion on page nine there was a typographical error

which should read "4 in favor and 1 opposed," and on the

attendee list to correct the name to "Ethan Merrill."

Board of Selectmen -2- January 10, 2000

Mack moved and the motion was seconded by

Rosenthal:

* "TO APPROVE THE MINUTES OF DECEMBER 20, 1999 AS

AMENDED."

Vote: All in favor.

Board members reviewed the day and evening minutes of December

29, 1999. Illick asked that on page 2 all references to

expenditures for grass cutting be referred to as "land

maintenance," and corrected in the reference to the Recreation

budget that Mack had suggested the budget for salaries should be

$7,000.00 and not the overall budget.

Mack moved and the motion was seconded by

Sheldon-Dean:

* "TO APPROVE THE DAYTIME MINUTES OF DECEMBER 29, 1999

AS AMENDED."

Vote: All in favor.

Illick said she had no corrections for the evening minutes of

December 29, 1999.

Mack moved and the motion was seconded by

Sheldon-Dean:

* "TO APPROVE THE EVENING MINUTES OF DECEMBER 29,

1999."

Vote: All in favor.

ADJUSTMENTS TO AGENDA

Chairman Illick said the board wanted an update in the legal

matters for the town in the Carol Hinsdale and Jeff Hutchins

cases.

PUBLIC COMMENTS

Moe Harvey reviewed with the board a recent situation with

Charlotte park where a visitor had left their car in the parking

lot and Constable, Hugh Lewis Sr. had to return to the park

after locking the gate for the evening as the owner of the car

had gotten lost in the park. Harvey suggested that Lewis leave

a note on the vehicle window when he has to lock the gate so the

owner of the vehicle would know who to call to leave the park.

Harvey discussed the safety issues involved and noted the signs

the town ordered for the park are late to arrive.

CLAUDIA MUCKLOW - SEPTIC ISSUES

Nigel and Claudia Mucklow reviewed their history in trying to

get a Certificate of Occupancy on their property with regard to

septic issues. Nigel Mucklow said he had to get a C.O. in order

to refinance his property and had Engineer, Steve Volk, inspect

the septic system and send a letter to then Zoning

Administrator, Charlie Burnham. Shortly thereafter, Louis Cox

was hired as the new Zoning Administrator and the letter Volk

had written was missing.

Board of Selectmen -3- January 10, 2000

Nigel Mucklow said Cox would not grant him a C.O. even though he

has paid to have the work done and the septic system functions.

Nigel Mucklow said he was looking to have his original expenses

reimbursed if he has to pay to have the work redone.

Mack asked Louis Cox to explain his side of the story and Cox

responded that the file he has on the case doesn't tell him how

much the septic system has been upgraded in order to certify

that it meets the town sewage ordinance and he was following the

advice of the town attorney as to what to do when the size of

the house is increased, but you don't know if the septic system

can accommodate it. Claudia Mucklow said the house was only

expanded by one bedroom and that Volk said he could certify

septic capacity with a percolation test.

Mack suggested that the issue was getting a C.O. and that the

best way to move ahead would be to write the Selectboard a

letter outlining what was done with specific dates and the board

would then schedule a hearing of the Board of Health and at that

time the Mucklows should bring Steve Volk with them.

CONSTABLE HUGH LEWIS, SR. - DEPUTY CONSTABLE DUTIES

Deputy Constable Dan Cole said he had recently attended a

conference for constables where an attorney did a presentation

on liability issues. The attorney suggested that constables get

their directions from the Selectboard and the board should issue

policies and offer Standard Operating Procedures. Sheldon-Dean

suggested getting examples of what other towns have done to look

at adopting similar procedures. Moe Harvey offered to work with

someone on the liability issues and Illick accepted Harvey's

offer.

RICHARD GRUNDLER - BLITTERSDORF WINDMILL CASE

Tom Mackin reviewed with the board the situation on Dorset

Street where his neighbor, David Blittersdorf, has replaced an

existing windmill with a larger and taller model. Mackin said

he had attended a hearing with the Zoning Board and it was his

understanding that the new windmill would have to be taken down,

as the larger mill did not fit permit specifications. Mackin

outlined his concerns; the new windmill is 2 1/2 times larger

than permitted and he believes the larger mill would exceed the

50 decibels permitted. Mackin suggested getting a sound

consultant to measure the noise the mill emits. Harley Allen

advised the windmill noise would vary, particularly when

operational, which it is not at the moment.

Illick explained the case is now in Environmental court to see

if Blittersdorf must remove the new windmill. Louis Cox updated

the attendees that a notice of violation order on the mill

currently stands until a site visit and a new permit has been

issued for the mill, but is currently not in not in force.

Mackin advised the neighbors of Blittersdorf appreciate the

efforts of the town to seek resolution to the case and they

would like to avoid an expensive legal process, if possible.

Board of Selectmen -4- January 10, 2000

Richard Grundler, a neighbor of Blittersdorf's, suggested that

he, Mackin and Cox get together for a meeting to discuss options

and the parties agreed to do so. Illick noted her approval of

the idea for a meeting.

PERSONNEL POLICY - ACTION ON HEALTH INSURANCE ISSUE

Chairman Illick noted the board had discussed health insurance

and compensation for employees who choose to be on their

spouse's insurance plan. Illick discussed a motion she had

prepared to provide health insurance to all town employees

working 20 or more hours a week with permanent part-time

employees being charged a copayment fee proportionate to their

agreed upon hours with the town.

There was a discussion on payments in lieu of insurance and how

they are taxed and what to do with employees who choose to be

insured on another policy.

Sylvia Sprigg offered that many employers don't pay for full

coverage for their employees and Illick offered that she felt

the town should do all it can to cover part-time workers with

the discounted rate for group insurance. Mack asked what the

current personnel policy is and Wendy Schroeder said there was

full coverage for full-time employees only. Sheldon-Dean

suggested having 3 levels of employee hours/coverage, such as

50%, 75% and 100%.

Illick and Linda Radimer said providing insurance coverage was

an incentive to keeping good employees. Illick suggested the

board negotiate on a case by case basis for compensation in lieu

of insurance.

Illick moved and the motion was seconded by

Sheldon-Dean:

"TO REVISE AND AMEND THE MEDICAL HEALTH INSURANCE

POLICY TO INCLUDE ALL TOWN EMPLOYEES WHO WORK 20 OR

MORE HOURS A WEEK WITH COPAYMENT AT 50%, 75%, AND

100% EFFECTIVE IMMEDIATELY."

Vote: All in favor.

Cox noted he has yet to receive his in lieu of insurance

payments for December and January and he would like to get the

situation resolved.

Illick moved and the motion was seconded by

Sheldon-Dean:

"TO CONTINUE TO MAKE THE INSURANCE COMPENSATION

PAYMENTS OF $109.00 PER MONTH TO LOUIS COX WHILE THE

ISSUE IS RESOLVED."

Vote: 3 in favor, 1 abstained (Rosenthal).

Board of Selectmen -5- January 10, 2000

"WELCOME TO CHARLOTTE" SIGN - NEEDS ATTENTION

Shirley Bean advised the "Welcome to Charlotte" signs along

roadsides at town borders are erected by the Grange and Bean

reviewed the conditions of the signs. Bean explained the Grange

has to pay some maintenance expenses on their hall, but the

members hope to get some revenue from a rummage sale in April

and hopefully from a tax abatement. The artist charges $100.00

per sign for painting and Bean said overall costs this year

should be $300.00 to $400.00. Illick offered the

Shelburne/Charlotte Rotary would be willing to pay for new signs

on Route 7 and Sylvia Sprigg suggested passing the hat at the

Meeting in March for donations.

SENIOR CENTER UPDATE

Illick asked Mary Ann Gatos how close her committee was to

having something prepared for the town to vote on Town Meeting

day.

Gatos reviewed a list of the things the committee has completed

or procured and first on the list was a draft of the contract to

lease with Richard LeBoeuf a piece of land for the senior center

larger than the proposed building. Mack asked that the board be

given a copy of the contract for the town attorney to review.

Mack moved and the motion was seconded by

Rosenthal:

"TO ALLOW MARY ANN GATOS AND PETER COLEMAN TO

CONSULT WITH TOWN ATTORNEY STEVE STITZEL ON BEHALF

OF THE SENIOR CENTER."

Vote: All in favor.

Gatos went on to review the list of the work completed for the

senior center to date: census data from a survey provided by

Champlain Valley Office on Aging of the number of meals they

provide regularly and income data; a list of private donor

foundations; a Friends of the Senior Center committee set up to

receive donations; a preliminary outlay of the proposed senior

center derived from other centers visited; a preliminary

operating budget of $3,800.00 to $4,200.00; and a list of

revenue generating ideas.

Gatos reviewed the things that needed to be put in place for the

senior center; a needs assessment; funds for an operating

budget; and a leadership/decision making structure such as a

Board of Trustees or Directors.

Shirley Bean said the Friends of the Charlotte Senior Center

would be interested in having a board of directors with seniors

on it and applauded the work of Mary Ann Gatos to help the

committee. Sheldon-Dean asked what happened with the group the

Selectboard appointed and Nancy Sabin said Frank Thornton is

ready to draft a board of trustees. Mack suggested Frank

Thornton review his draft with the town attorney.

Board of Selectmen -6- January 10, 2000

Sheldon-Dean said getting a needs assessment done was critical

to the process of getting the money bequested in Walter Irish's

will for a center and the assessment has to be scientifically

and properly done. Sheldon-Dean said the board had directed the

Friends Committee to have a needs assessment done as soon as

possible. Gatos responded that she doesn't have the skills to

do the assessment, but be willing to see that it gets done.

Rosenthal said he would be against telling the committee what to

do.

Sheldon-Dean moved and the motion was seconded by

Mack:

"TO DIRECT MARY ANN GATOS AND PETER COLEMAN TO FIND

AND SECURE SERVICES BY A PROFESSIONAL FOR A NEEDS

ASSESSMENT FOR A SENIOR CENTER."

Vote: 3 in favor, 1 opposed (Rosenthal).

BUDGET & ARTICLES FOR DRAFT WARNING

Illick reviewed the draft warning for Town Meeting day and read

Article 7 regarding the senior center. Nancy Sabin said she was

unhappy that the senior center was the last article on the

warning and would like to see it scheduled earlier.

Illick discussed the board's wish to rescind the motion made on

December 20, 199 concerning the petition received on October 18,

1999 regarding the senior center.

Sheldon-Dean moved and the motion was seconded by

Illick:

* "TO RESCIND OUR PREVIOUS VOTE TO APPROVE THE REQUEST

OF THE PETITION OF OCTOBER 18, 1999 VOTED ON

DECEMBER 20, 1999."

Vote: All in favor.

TOWN PLAN - MOTION TO READOPT EXISTING PLAN & MOVE AHEAD ON

DRAFT PLAN

Chairman Illick reviewed the Selectboard's and Planning

Commission's overall thinking that not enough time was available

to have a final draft of the Town Plan ready to vote on for Town

Meeting day. Mack suggested the new plan could be voted on in

September or November and Sheldon-Dean offered the plan should

go back to the committee with the recommendations that were made

on it in December. Al Moraska said he thought it was an

excellent plan and doesn't endorse waiting.

Ed Melby noted that the citizens of the town had put a lot of

effort into the plan and some of the volunteers might not want

to have it come back to the committee. Sheldon-Dean said that

when the Selectboard first considered the plan, they thought it

might "sail through," but there were some strong objections made

to the plan and the town needs to take more time and it was a

great document to start with, but with more work, it should get

a better response in September.

Board of Selectmen -7- January 10, 2000

Illick moved and the motion was seconded by

Mack:

"TO ASK THE PLANNING COMMISSION TO MOVE FORWARD TO

READOPTING THE CURRENT PLAN AND THE SELECTBOARD WILL

MOVE FORWARD WITH THE NEW PLAN."

Vote: All in favor.

SIGN BILLS/OTHER BUSINESS

Dave Perron noted the Board of Tax Abatement has been

inconsistent with its warning on the November 15, 199 payment

date; that all payments must be in the Town Offices on November

15th and not just postmarked by the 15th and if a payment is not

made by the 15th a 1% interest fee is charged the next day.

Illick suggested moving the agenda item and reconvening on

budgets Wednesday, January 12, 2000 at 1:00 p.m. and board

members agreed.

Board members reviewed and signed bills.

Zoning Administrator, Louis Cox, discussed pending legal cases

with board members and how to proceed with them. Cox discussed

the case of Carol Hinsdale whom he wrote a letter to as the

board requested and Ms. Hinsdale delivered a letter to Cox

saying her building was a roommate situation rather than an

apartment building. Cox stated the Post Office told him there

are 3 mailboxes for the address and added it is the property

owner's responsibility to adequately prove compliance. Illick

offered the next step is to write Ms. Hinsdale again telling her

you don't believe she is in compliance.

Illick moved and the motion was seconded by

Rosenthal:

"TO MOVE FORWARD WITH THE CAROL HINSDALE CASE."

Vote: All in favor.

Mack asked if Cox had made a site visit to Jeff Hutchin's

property yet and Cox responded no, that it is clearly visible to

him that Hutchins is in violation and he's been turned down

twice when asking to visit. Mack suggested Cox try calling

Hutchins again. Cox stated he thought Mack had a personal

conflict of interest with Hutchins and Mack responded that

although he's done business in the past with Hutchins, he has no

business interest with Hutchins. Mack said he thought that an

injunction against Hutchins would not be the way to proceed as

Hutchins has ceased dumping and the site has been cleaned up.

Sylvia Sprigg said the area of fill is a no-build zone as it is

a septic system.

Cox discussed the sale of bark mulch on Ethan Allen Highway,

saying enforcement has not been carried out. Mack said although

he generally agrees, that he didn't think the case warranted

spending the money for legal action. Sylvia Sprigg said the

violation was situated in a very public location.

Board of Selectmen -8- January 10, 2000

Stephen Brooks, who is the proprietor of the bark mulch business

said the court judge stated he had a valid permit for forestry.

Rosenthal moved and the motion was seconded by

Illick:

"TO DIRECT LOUIS COX TO SEEK A COURT JUDGMENT ON

THE PILES OF BARK MULCH ON ETHAN ALLEN HIGHWAY."

Vote: All 4 opposed.

Illick moved and the motion was seconded by

Sheldon-Dean:

"TO ADJOURN."

Vote: All in favor.

The meeting was adjourned at 11:26 p.m.

Minutes submitted by:

Debby Flynn