FINAL VERSION AS
AMENDED AND APPROVED ON February 24, 2003. Attest: _________
Town of Charlotte
Board of Selectmen
Minutes
Monday, February 10, 2003
7:00 PM, Charlotte Town Hall
Eleanor Russell
Debbie Ramsdell
Paul Arthaud
OTHERS: Daniel
Senecal-Albrecht (selectboard assistant)
Elizabeth
Howard
Stephen C. Brooks
Carol Aube Hinsdale
John Hammer
Mac Keyser
Mark Aube
David Akin
Sylvia Sprigg
Peter Rosenfeld
Dorothy Waller
Emily Laird
Rose Ann Lombard
Steve Gutowski
MaryBeth Freeman
Avery Hall
Frank Tenney
Ed Amidon
Jonathan Fairbank
Robert Mack
Dave Nichols
Richard Weed
Dick Greene
Jim Fitzpatrick
Jocelyn Bolick (clerk)
The meeting was
called to order at 7:00pm.
The items on the
agenda were as follows;
Adjustments to agenda
/ Approve minutes of January 13th, 20th, and 27th
/ Public Discussion / CVU Budget – Dottie Waller / Point Bay Marina (Steve
Gutowski) / Discussion of the Need for Voting Machines in Town / Appoint
committee to work on Thompson’s Point Ag. Leases (cf. Sportsmen Alliance
Proposal) / Concerns about Property Taxes – Dave Nichols / Approve New Planning
& Zoning Fee Schedule / Appoint Emergency Management Coordinator / Appoint
Driveway Access (Curb Cut) Policy / Thorp Barn: update on grant application
& winter weatherizing work / Appoint Selectboard member to attend CC
Housing Task Force / Selectboard updates / Sign Bills and Warrants /
Adjournment
·
Selectboard Updates –
Motion made by Eleanor Russell, seconded by Jennifer Cole:
“To approve
the selectboard meeting minutes with corrections for January 13th”
Alter formatting of MOTIONS throughout the document.
Correct reference on page 2 to potluck supper at the Grange to read “…would like to invite all the people running for office (or would like to meet the candidates) in March to attend, followed by candidates on why they should be elected. The Grange can seat 50 to 60 people.”
Correct reference on page 2 from “following up with Katherine” to “following up with Katherine Arthaud”.
Correct reference on page 2 to AOTMPO trail grant from “parameters for using it” to “parameters for funding”.
Correct reference on page 2 from “MPO tag meeting” to “MPO TAC meeting”.
Correct reference on page 4 on cemetery spending from “$3000/week for 7 weeks” to “$3000 for the summer”.
Correct reference on page 4 on senior center funding from “selectboard feels it’s reasonable to fund” to “selectboard feels it’s reasonable to partially fund”.
Correct reference on page 5 on reviewing potential articles from “There is a letter to …” to “There is an article from …”.
Correct reference on page 6 from “to approve liquor license” to “to approve the Tenney’s Deli for a liquor license”.
Vote: all in favor.
Motion made by Eleanor Russell, seconded by Jennifer Cole:
“To approve
the selectboard meeting minutes with corrections for January 20th”
Alter formatting of MOTIONS throughout the document.
Correct reference on page 2 from “…money going into the education fund than is being spent by the towns” to …money going into the education fund than is being allocated to the towns”.
Correct reference on page 2 from “Increase the Education Fund or …” to “Increase the Education Fund payments to towns or …”. This change needs to be repeated in the motion on page 3.
Correct reference on page 3 from “The language concerns the eastern border of the property except for a corner that is too steep. It may happen on the 21st or 22nd, or perhaps the steep corner will just be cut off the map” to “The language concerns the eastern border of the property except for a corner of the property that is quite steep. It may happen on the 21st or 22nd, or perhaps the trail will traverse the slope at that corner at an easier grade”.
Correct reference on page 5 from “J.P.Battencourt” to “J.P.Bettencourt”.
Vote: all in favor.
Motion made by Eleanor Russell, seconded by Paul Arthaud:
“To approve
the selectboard meeting minutes with corrections for January 27th”
Alter formatting of MOTIONS throughout the document.
Correct reference made on page 2 on discussion of the Nordic Trail from “southeast corner which is fairly steep…” to “southeast corner of the Vinter lot which is fairly steep …”.:
Correct reference made on page 2 from “A question arose concerning Paul Aurthaud” to “A question arose from the public concerning Paul Arthaud”.
Correct reference made on page 2 from “… some way to replace him? No, unless …” to “some way to replace him? The board responded that there is no way, unless …”.
Correct reference made on page 3 from “The town can save money by feeding the animals” to “The town can save money by leasing for farm use”.
Correct reference made on page 3 from “…added hunting trials” to “…added hunting trails”.
Correct reference made on page 4 from “Ronald Slate” to “Ron Sweet”.
Correct reference on page 4 from “…apology for not communicating effectively” to “…apology for not communicating with Skip Sheldon effectively”.
Delete statement on page 4 that states “The bond would be coming from the bond bank, not BankNorth”.
Correct reference on page 8 from “Brooke Barn” to “Thorp Barn”.
Correct reference on page 8 from “Nancy Wolfson” to “Nancy Walsh”.
Vote: all in favor.
Motion made by Eleanor Russell, seconded by Debbie Ramsdell:
“To amend the selectboard meeting minutes for
the executive session for the January 27th meeting”
Added the following to the January 27th meeting minutes:
“Motion made by Eleanor Russell, seconded by Debbie
Ramsdell:
Vote: all in favor.
Attendees were the
attorneys, Jim Carroll, Joe McLean, and members of the selectboard (Charles
Russell, Jennifer Cole, Debbie Ramsdell, and Eleanor Russell). No action was taken.”
Vote: all in favor.
Carol Aube-Hinsdale received a letter from the lawyers the last week of January asking for a response by February 3rd. She read a statement stating that the town is asking for $5,000 in fines because she created a 3rd dwelling unit when she put in a kitchen. She is still working through getting the permits. At one point the town lawyer was asking for $90,000. Carol is opposed to contracting the lawyer used by the town and finds it appalling that taxpayer money is used in this manner. Carol feels that there are tons of zoning violations all around her, and doesn’t feel that she is being treated fairly. Jennifer and Charles will talk to her personally.
David
Akin is concerned about the negative impact the cell towers are going to have
on property values in the area. He has
letters from out-of-state realtors suggesting that property values may be up to
50% less if they’re located near cell towers.
Emily
Laird wanted to go on the record stating that she is concerned about living
near cell towers – she’s got children that she worries about being adversely
affected by cell towers.
Pete
Rosenfeld wanted to know how we got in this position with the cell towers. An ordinance was approved several years ago putting
limits on cell towers. Did the towns’
lawyers improperly word the ordinance?
Do we need to get rid of this law firm?
Should we ask the law firm to pay damages? How can we re-word the ordinance so we don’t have more towers in
the future? Charles Russell stated that
the lawyers felt the 1500 foot setback was not enforceable.
199 students from Charlotte at the school this year, that is 16.41% of the students at CVU. Shelburne and Williston have the highest number of students. In the new budget, the cost per pupil will only increase .64%.
What
are the significant drivers in the 2003-2004 budget? In 2003-2004, there will be an increased enrollment of 79
students. There is debt to be paid off,
salary and benefit increases for the current staff, salary and benefits for
proposed new staff. However, costs for
special education will be going down.
The cost for insurance for the teachers and staff at CVU is
approximately $1,000,000.
Overall
budget for next year ($13,305,000).
Since Charlotte has to pay for 16.41% of that budget, it will be
$2,064,641. They are looking at
figuring out what the future needs will be.
They purchased land for $125,000, made renovations, made 911 compliant
telephone system, and are in the process of building a maintenance
building. They expect a savings of
$500,000 on some electrical work that came in less expensive than anticipated. They are reviewing hooking up into the
Hinesburg water system.
They
expect a new proposal to go to the voters in the spring. The schoolboard expects the bond to be
around 18 or 20 million (but no firm numbers yet), and they would like it to go
to the voters in the spring or summer of this year. Charlotte’s share would be 16.41% of that. The building is in desperate need of
maintenance. CVU needs a library and cafeteria
as well as new classrooms, and they are planning on not enlarging the
auditorium for the time being. Design work
is being done right now so they can bring a proposal to the people.
They are looking at school choice with Burlington, South Burlington, and Winooski high schools. But, there has to be room for the child.
The school has classes that meet at 7:15 AM – an early block to utilize the space and ease the overcrowding, and also classes late in the day and evening. There was even a course that ran on the weekend.
Dottie Waller feels they are in an emergency situation with Act 60 right now. The law is broken, it didn’t last 5 years. The cost for each student approximately $9,000, but the block grant is $5,600 for each student to schools. However, she feels the state understands that they need to fix it fast. Certain legislators don’t feel that the plan that Governor Douglas has put forth is very good, they are working on putting together another plan.
Has anyone challenged the way the state applies the common level of appraisal (CLA)? The listers are going to meet with someone from the states’ property evaluations department on Wednesday – they have identified 3 or 4 properties that they feel should be taken out of the list, but it will not change the CLA significantly.
Point Bay Marina (Steve Gutowski)
Steve
Gutowski is acting on Allen Martin’s behalf in regards to permits, hearings,
and other activities related to Point Bay Marina’s efforts to obtain local,
state and federal permits. On November
12th they met with the zoning administrator (Tom Adams) and others,
and they walked the site where they are proposing some dredging and ramp
improvements.
Art
Cohn of the Lake Champlain Maritime Museum and his crew attempted to do a dive
in December to probe the bottom of the lake in the areas that are proposed for
dredging at the marina. Unfortunately,
it could not be completed because of the wind causing low visibility in the
water, so the dive will be attempted again in the spring before any dredging
will begin.
The
selectboard will be concerned with the ramps, the proposed new storage yard,
etc., when the time comes. Steve was
interested in showing this to the selectboard and say that the marina is
receptive to any sort of informational meetings that the selectboard would like
to request. The selectboard has already
requested a public hearing. The marina
would prefer a meeting separate from the selectboard meeting, since it will
likely be long.
Debbie Ramsdell gave an update on voting machines. Kathy DeWolf and Deb Markowitz went for training on voting machines in Washington, D.C. By 2006, we will have one or more voting machines in Charlotte by federal mandate. The federal government wants every town to have one. There will have to be one for visually impaired voters, too. However, even though you have machines, you will still need counters – you will still have absentee ballots, mistakes, etc.. The machines are only required for national elections. And perhaps several towns can share a machine.
A question arose on who will be paying the voting machines. Kathy stated that by the end of the year, we should find out who has to pay for it. The state or federal government certainly has the power to say put it in, and not help pay for it. Paul Arthaud asked about the cost – it’s believed to be around $3,000 for a used machine.
Discussion centered on why the need for a voting machine? It takes a long time through the night to count the votes, and people start leaving. If there’s a need for a recount, you’re understaffed at that time at night. Sylvia Sprigg said Charlotte is notorious for understaffing the voting for the CVU ballots. It’s the town clerks responsibility to send over adequate staffing to CVU. The majority of the counters leave by 9 PM, and if there are any problems they must be reconciled with a much smaller staff. Robert Mack stated that the vote tabulators need to be separated when they’re counting votes, they don’t need the background noise associated with elections.
Stephen Brooks wanted to know what was the big rush to get a voting machine? Debbie Ramsdell said the parties want to know as soon as possible who won, who will be in control of government. Newspapers want to know – everyone wants to know!
Rose Anne Lombard felt that the town of Charlotte is an entity unto itself – why should it be driven by what other parties want? Why does the town have to bow to other entities? Debbie Ramsdell said it matters to very few people.
Eleanor Russell felt that these are the types of representatives that should hold a spot on the committee: someone from the Pony Club, someone from the Sportsmen’s Alliance, a camp leaseholder, a caretaker, someone from the selectboard, someone from conservation, someone from recreation.
Their
mission would include: to preserve
wildlife, keep open space, consider the grazing issue, environmental
management, illegal dumping, management of the land, and look at the economics
of leasing the land.
You want to include people have an interest in the property. Yet, you don’t want folks that are doubly represented by different groups already involved.
Dick
Greene is interested in getting something together within the next few weeks so
they can get back to the selectboard as soon as possible.
The
approximate area that is not subjected to leases is around 170 acres. Right now, the Sportsmen’s Alliance has a
proposal on 2 out of 3 lots, approximately 100 acres. However, they are also incorporating land that has never been
leased.
The
following people will be on the committee:
·
Dick Greene
(Charlotte Sportsmen’s Alliance).
·
Skip Sheldon (land
lease holder).
·
Jim Fitzpatrick.
·
Avery Hall
(wastewater committee).
·
Jennifer Cole
(selectboard member).
·
Jim Wells
(conservation).
·
Someone from the Pony
Club.
Should
the committee work on giving out leases and/or the wording of the leases? This land is a potential revenue stream.
Dick
Greene felt that the charge of the committee was to help the Charlotte
Sportsmen’s Alliance re-word their proposal to manage the land. But if the committee is going to come up
with all sorts of management ideas, that’s what the CSA wanted to do. CSA is not interested in drawing out the
whole process with this committee. The
selectboard felt that the committee would be done with its task in April. CSA feels that this is getting late – grass
would already be growing and needs to be mowed.
Motion
made by Eleanor Russell, seconded by Jennifer Cole:
“To approve the following people
for a committee to work on Thompson’s Point Ag. Leases: Dick Greene, Skip Sheldon, Jim Fitzpatrick, Avery Hall,
Jennifer Cole, Jim Wells, and someone from the Pony Club”
Vote:
4 in favor, 1 (Paul Arthaud) abstained.
Motion
made by Eleanor Russell, seconded by Jennifer Cole:
“To have the committee come up
(by April 1st) with a management and lease plan for the non-camp
town-owned areas at Thompson’s Point, excluding the lake access land”
Vote:
4 in favor, 1 (Paul Arthaud) abstained.
Discussion
ensued on this motion, some concern that some members of the committee would be
interested in financial gain. CSA is
only interested in having the committee help with re-wording their proposal.
Elizabeth Howard talked about the cost of property taxes. Charles Russell said that next year, people with more expensive homes will see their taxes go up, people who have homes that are not appreciating so abruptly will see their taxes go down. If the town re-appraised every two years, property taxes would be closer to fair market value.
It
was suggested that property taxes be paid quarterly instead of annually. However, there is nothing to stop you from
paying taxes on a quarterly basis right now.
Perhaps this could be made clearer to the taxpayers.
Robert
Mack stated that for some people, Act 60 is good! 45% of the townspeople apply for a rebate check, but 53% can
actually apply. No one is sure why the
other 8% doesn’t apply for their checks.
On
Tuesday, February 18th, there is a joint meeting with the Charlotte
Selectboard and Schoolboard at the town hall in Charlotte. There is also a meeting at CVU high school
with the CVU schoolboard discussing their budget.
Motion made by Eleanor Russell, seconded by Jennifer Cole:
Vote: all in favor.
Discussion
ensued on the fee of $150 for an appeal with the Zoning Board of
Adjustment. Is it enough, or is it a
small enough amount that it’s fairly frivolous? Should it be $300? Could
it be set so that it’s $300, and if the appeal actually wins, it drops back to
a lower fee?
Stephen
Brooks wanted to know why the towns planning and zoning office isn’t run as a business unit. The fees it brings in should pay for the
cost of running the office.
Robert
Mack stated that we have consistently spent more for planning and zoning than
other towns south of Charlotte.
Jennifer Cole stated that we have to rely on the expertise of the planning
and zoning board for setting the fee increases.
Motion
made by Eleanor Russell, seconded by Debbie Ramsdell:
“To appoint J.P. Bettencourt as Emergency Management Coordinator”
Vote: all in favor.
Review
the “Policy and Procedure for Driveway Construction and Highway Access on Town
Roads – Town of Charlotte”. Changes to
the document have been recommended by our legal counsel. Ellie Russeull suggested making it a policy
for the time being instead of an ordinance.
The lawyer suggested calling it an ordinance.
Change
reference on page 1 (after General Provisions) “… for which an access point is
approved” to “… for which an access point exists”.
Delete reference on page 1 (after General Provisions) ” … and notified the property owner or owner’s agent as provided for below.”
Change
reference on page 2, paragraph 1 ” …E-911 address anticipated” to “…E-911
address (if available) anticipated”.
Change
reference on page 2, paragraph 4 “…complete by the chair of the selectboard”
to “… complete by the designee within 10 days”.
Change
reference on page 2, 5C, from “…recommendation from the Planning Commission is
received” to “… recommendation from the Planning Commission is received by the
Selectboard”.
Motion
made by Eleanor Russell, seconded by Debbie Ramsdell:
“To approve the construction and
highway access policy for the town of Charlotte contingent upon review by town
council”
Vote: all in favor.
Dan
Senecal-Albrecht met with Dick St. George.
He figured 2 or 3 days with help to do the work, at the rate of
$35/hour. Improvements include windows
on the west side of the building along the foundation level, putting 2x4’s or
2x6’s along with sheets of plywood to keep the kids from climbing through. On the main floor, there are a few areas
where some plywood will be put on the floor areas where you can stick your foot
through. Assume approximately $400 for
materials. There is a lot of hay in
there right now. Dick felt the sooner
we move on it the better, he has some other work to do starting in a few weeks.
We
may be able to legally spend some funds now out of existing funds. A question surfaced on why deal with it
now? Why is it so urgent? It’s almost springtime. Talk centered on the towns’ liability if
something did happen there.
Motion made by Eleanor Russell, seconded by Jennifer Cole:
“To
authorize to spend what we have in funds to weatherize the Thorp barn”
Vote: all in favor.
Chittenden
County is experiencing a housing crisis.
They are looking for someone to represent the town of Charlotte for one
year at a monthly meeting. They suggest
someone such as an elected official, a policy maker, or key administrator or
staff person knowledgeable in town planning, etc. The deadline is Friday, February 14th. The selectboard has put the word out and is
waiting to see who is interested. This
issue will be postponed until the February 18th meeting.
Selectboard Updates
·
Paul Arthaud stated
he will not be attending the February 18th meeting or the February 24th meeting (he
will be on vacation).
·
Motion was made by
Eleanor Russell, seconded by JenniferCole:
“To amend the January 27th,
2003, selectboard meeting minutes to include the minutes from the executive
session”
Vote: all in favor.
·
Motion was made by
Eleanor Russell, seconded by JenniferCole:
“To write a letter in support of
David and Lori Knox applying for a grant to repair their historic barn”
Vote: all in favor.
·
Technical committee
of Chittenden County wants to do a training workshop on making your community
walkable, bikeable, and liveable. Would
be held between June 2nd and June 6th. The selectboard is not interested.
·
Binkerd v. Charlotte
(the jury draw) was postponed because charges are being consolidated.
·
Do we want to apply
for a grant to highlight illegal burning of solid waste. The selectboard is not interested.
·
Policy on harassment
is still in the hands of the lawyer.
·
Penny Struble
situation and the dog ordinance. The
lawyer is going to come up with a form that Dale Knowles can fill out and fine
her.
Sign Bills and Warrants
·
Thompson Point leases
– any new leases are going to be the newest and greatest wording. Some leases have a 90% tax rate with a
renewal clause, and if there were still leases out there with a renewal clause
the selectboard would still legally have to renew it, according to Robert
Mack.
Motion
was made by Eleanor Russell, seconded by Debbie Ramsdell:
“To have the board chair sign the
leases for Holland and Bob Lott, and the termination of the lease for
Curtis”
The
motion was later withdrawn in order to be reworded.
Motion
was made by Eleanor Russell, seconded by Jennifer Cole:
“To sign the leases subject to
his assurance that the rental charges have been set at the highest level that
has been approved in the past”
Vote: 3 in favor, Paul Arthaud abstained, Debbie
Ramsdell had departed.
Skip
Sheldon’s Poor Farm lease is waiting for the committee to come back.
Adjournment
Next
meeting on Monday, February 24th, at 7 PM.
Meeting adjourned at 10:42 PM.