Board of Selectmen February 11, 2002

TOWN OF CHARLOTTE

BOARD OF SELECTMEN

MINUTES

FEBRUARY 11, 2002

MEMBERS PRESENT: Chairman Robert Mack, Jr.

James Sheldon-Dean

Charles Russell

Debbie Ramsdell

Paul Arthaud

OTHERS: John Hammer

Stephen C. Brooks

Bill Schroeder

Moe Harvey

Lydia Clemmons

Jack Clemmons

David Mechanic

Clark W. Hinsdale, Jr.

Bob Sanders

Jim Sharpe

Yvan Ploufe

Jennifer Cole

David Miskell

Marty Illick

Nancy Woolum

Joan Gates

Walter Gates

Patricia Coleman

Mary Beth Freeman

Priscilla Throop

Abby Sheldon-Dean

Peter Coleman

Valerie Graham

Bill Graham

Bill Doris

Suzanne Webb

Tommy Thompson

Jack Wallace

S.B. Balaban

Alison C. Lockwood

Brady Toesing

Ker B. Walker

Rick Pollack

Ellie Russell

John Rosenthal

Nancy Sabin

Jake Callery

Frank Tenney

Thomas Heilmann

Carrie Spear

Wendy Schroeder

________________________________________________________________

Russell called the meeting to order at 7:05 p.m. in the

Charlotte Town Offices.

Board of Selectmen -2- February 11, 2002

Ramsdell moved and the motion was seconded by

Sheldon-Dean:

* "TO APPOINT RUSSELL AS TEMPORARY CHAIRMAN UNTIL

CHAIRMAN MACK ARRIVES."

Vote: All in favor.

APPROVE MINUTES

Russell noted that in approval of minutes was the first item ion

the agenda. Russell asked the board members if they had any

corrections.

Sheldon-Dean moved and the motion was seconded by

Ramsdell:

* "TO APPROVE THE MINUTES OF JANUARY 28, 2002."

Vote: All in favor.

Ramsdell moved and the motion was seconded by

Sheldon-Dean:

* "TO APPROVE THE MINUTES OF JANUARY 21, 2002."

Vote: All in favor.

The board discussed a change to a motion to go into Executive

Session in the minutes of January 3, 2001.

Ramsdell moved and the motion was seconded by

Sheldon-Dean:

* "TO APPROVE THE MINUTES OF JANUARY 3, 2002."

Vote: All in favor.

Chairman Mack arrived at 7:10 p.m.

LIQUOR CONTROL BOARD

Russell moved and the motion was seconded by

Sheldon-Dean:

* "TO ADJOURN AS THE SELECTBOARD AND CONVENE AS THE

LIQUOR CONTROL BOARD."

Vote: All in favor.

The board approved a liquor license for Richard Tenney, on

behalf of Tenney's Store.

Russell moved and the motion was seconded by

Mack:

* "TO ADJOURN AS THE LIQUOR CONTROL BOARD AND CONVENE

AS THE SELECTBOARD."

Vote: All in favor.

Board of Selectmen -3- February 11, 2002

SIGN WARRANTS AND BILLS

Board members signed warrants and bills.

Arthaud moved and the motion was seconded by

Russell:

* "TO APPROVE THE CHECK WARRANT FOR PAYROLL DATED

FEBRUARY 21, 2002 IN THE AMOUNT OF $3,294.93."

Vote: All in favor.

Russell moved and the motion was seconded by

Sheldon-Dean:

* "TO APPROVE THE CHECK WARRANT DATED FEBRUARY 21,

2002 IN THE AMOUNT OF $11,231.34."

Vote: All in favor.

PUBLIC DISCUSSION

Bill Schroeder said his wife, Wendy, is the Selectboard

Assistant and the previous week the Schroeders and other town

residents received a flyer from Paul Arthaud, a member of the

Selectboard. Schroeder stated the flyer accuses a majority of

the Selectboard and the Selectboard Assistant of "improprieties,

misuse of public office and collusion." Schroeder said he had

three questions he wanted answered on the record by Mr. Arthaud:

first did Arthaud write the letter; second who is Arthaud

accusing of "improprieties, misuse of public office and

collusion"; and lastly if Arthaud is accusing his wife of

wrongdoing he wanted to know exactly what she did in detail,

when, where, how and with whom?

Arthaud responded he first wanted to ask Wendy Schroeder a

question. There was then a discussion as to whether meeting

rules allowed for one question to be left unanswered while

another was asked.

Sheldon-Dean asked Arthaud if he had written the letter and

Arthaud responded yes.

Wally Gates said that in the flyer, Arthaud refers to 3 votes in

an "inner circle," and speculated who Arthaud might be referring

to. Ramsdell said she had no knowledge of said "circle."

Alison Lockwood asked Chairman Mack and Wendy Schroeder if they

made the statements Arthaud accounted in his flyer. Mack said

he remembered saying "it takes a majority of three members to

take action," but he did not say exactly what was quoted in the

flyer. Wendy Schroeder said she agreed with Mack that she never

stated what was quoted in the flyer. Mack noted the board very

rarely has split votes on any decisions.

There was a discussion of the negotiations on the Burns land

deal.

Bill Schroeder repeated his question of who Arthaud was accusing

and Arthaud said he would answer that after he got an answer to

his question from Wendy Schroeder. Bill Schroeder responded

that Arthaud's statements were mudslinging.

Board of Selectmen -4- February 11, 2002

Marty Illick said it was clear to her that Wendy Schroeder had

responded to Arthaud's question.

Valerie Graham said Arthaud should have had answers to his

questions before he drafted the flyer.

Sheldon-Dean stated to Arthaud the accusations Arthaud made were

serious and irresponsible and he should either back up what he

said or resign from the board, and that Arthaud was accusing his

fellow board members of crimes.

Mary Beth Freeman asked if this discussion could be warned at

the next meeting. Chairman Mack asked the audience for a show

of hands for how many were attending to discuss Arthaud's flyer

and the majority of attendees raised their hands.

Nancy Sabin discussed the Burns property deal and the contract

AGREEMENT was signed without a public meeting. Chairman Mack

responded that on June 28, 2000, the town voted to complete the

purchase of the Burns property.

Carrie Spear asked Arthaud how long the issue of trust has been

going on. Arthaud said his first meeting as a member of the

Selectboard he was told that he would never be a part of the

"inner circle" and that statement itself he considered to be a

misuse of public office.

Chairman Mack suggested the board and attendees take a five

minute break at 7:44 p.m.

Arthaud claimed Wendy Schroeder did say he would never be a part

of the "inner circle." Bill Schroeder asked who Arthaud was

accusing of the offenses stated in his flyer and Arthaud

responded "Mr. Mack." Arthaud stated he believed Ramsdell and

Sheldon-Dean did not know about the discussion his first meeting

as a Selectboard member. Bill Schroeder asked "then my wife is

not a crook? The question went unanswered.

Valerie Graham asked who Arthaud was accusing of collusion.

Arthaud answered that he was told he would never be a part of an

"inner circle," and said this forum was not a court of law, the

room was full of people who do not agree with his views and he

agreed with Mary Beth Freeman the discussion should be warned.

Moe Harvey said to Arthaud that he had a lot of nerve sending

this to everyone in town making these accusations. Sheldon-Dean

added that Arthaud should write a letter to everyone in town

rescinding what he said in his flyer or resign now.

Sheldon-Dean said to Arthaud he had accused his fellow board

members of illegal action and some individuals might consult an

attorney about the public statements Arthaud made.

Suzanne Webb said she didn't feel it was appropriate to ask for

Arthaud's resignation now. Sharron Balaban said she was

concerned that anyone would consider "sweeping it under the rug"

with just an apology and no one can pretend this never happened,

the facts should be discussed and the townspeople should get the

answers they need to know.

Board of Selectmen -5- February 11, 2002

Ramsdell said if Arthaud made the accusations he should have the

facts to back them up.

Marty Illick said Arthaud apologizing would not mean the issue

was "swept under the rug," and the meeting turnout was

irrelevant to the issues at hand.

Tom Thompson said Sheldon-Dean's recent absences from board

meeting effected split board votes on issues and Sheldon-Dean

responded when he was last elected to the board he was working

in Charlotte and the reason he's not running again is he's

currently working out-of-state and can't give the full attention

to the board.

Jack Clemmons said he has lived in town for 45 years and it

seems he's heard more rumors about the board recently.

Sheldon-Dean answered that in the last several years board

members have heard a lot of rumors and board members answer

concerns as best they can when they are contacted and offered

that if people have questions then ask them, but he was sick of

all the stories circulating town and that he found the "patently

offensive and despicable." Sheldon-Dean offered that if

Arthaud's accusations of collusion are incorrect, he should

withdraw his statement.

Alison Lockwood said she thought Sheldon-Dean should back off

the issue and she believes some board members are left out of

voting on some issues, that it creates an appearance of

mistrust, it's not functional government and it makes her feel

uncomfortable. Lockwood said she was sure Arthaud has

substantiation of his statements and if there are accusations of

misuse of office an audit should be conducted. Wendy Schroeder

noted audits are conducted every year by the full Selectboard.

Lockwood suggested using an independent auditor.

Ramsdell offered she had never been phoned by anyone on how to

vote on an issue, she believes all the business of the board

happens at the regular meetings, she doesn't feel left out of

anything and noted the board cannot meet in secret as that is

illegal.

Brady Toesing said he doesn't believe anyone was being accused

of a crime and Arthaud's allegations are of improper conduct but

not illegal action. Sheldon-Dean said collusion means secret

and illegal activity and there is no other denotation for the

word.

Moe Harvey asked Toesing if he was an attorney and Toesing

answered yes. David Mechanic said he was also an attorney and

when he received the flyer in the mail he did not know whether

to believe what he read or not. Mechanic offered his legal

opinion the Arthaud's statements were slanderous and libelous

and he has yet to see any facts supporting Arthaud's claims.

Arthaud responded that he had proof of a few items and didn't

know there would be a discussion of this tonight, and there are

specific items he had in his possession but not on his person at

this time. Mechanic offered to Arthaud that if he had proof of

his allegations he had a public duty to produce it.

Board of Selectmen -6- February 11, 2002

Jenny Cole said arthaud wasn't prepared for this discussion and

asked what the proper way to handle issues like this was. Mack

answered if he had a concern or complaint he would ask questions

about the issue.

Wally Gates suggested that if Arthaud has proof of his claims

perhaps he should turn it over to the town attorney.

ADOPT AMENDMENT TO TRAFFIC ORDINANCE

Russell read the proposed amendment to the Traffic Ordinance for

a section of Lake Road by the ball fields.

Alison Lockwood asked how the ordinance would be enforced and

Mack answered by the State Police and added this location is by

the beach and has lots of foot traffic. Bill Graham asked if

the speed bumps at that location were not effective. Lockwood

said her son was hit by a car in that location when the speed

bumps were not in place and stated it was a dangerous section of

road. John Rosenthal suggested the Holmes bridge might be

closed off at times.

Russell moved and the motion was seconded by

Sheldon-Dean:

* "TO AMEND THE TRAFFIC ORDINANCE TO READ IN SECTION 1

(B) (4) TO STATE AS FOLLOWS: A MAXIMUM SPEED OF

TWENTY-FIVE MILES PER HOUR ON LAKE ROAD (TOWN

HIGHWAY #9) FROM A POINT THAT IS ONE-TENTH (.1) OF A

MILE TO THE NORTHEAST OF THE ACCESS DRIVE FOR THE

LAKE ROAD BALL FIELD EXTENDING IN A SOUTHWESTERLY

DIRECTION TO ONE-TENTH OF (.1) A MILE PAST THE SOUTH

END OF HOLMES CREEK BRIDGE."

Vote: All in favor.

WENDY - WASTEWATER BUDGET

Wendy Schroeder said the Thompson's Point Committee met on

Tuesday and set a budget for the coming year of $6,000.00.

Russell asked about the wastewater problems at Thompson's Point

last year and Schroeder said the septic issues had been

addressed.

THOMPSON'S POINT BRUSH PILE

Chairman Mack said he had recently been notified by the state

that a brush pile at Thompson's Point, normally used to dispose

of storm-damaged organic material had been used for a dumping

ground for pressure treated wood and other materials that did

not belong there. Mack said he thought the area should be

blocked off so that people can't dump there. The board decided

to have the Thompson's Point caretaker deal with the issue and

Have the Road Commissioner block the area off with a "no

dumping" sign.

Board of Selectmen -7- February 11, 2002

FIRE & RESCUE - PARKING & TOWER

Rick Pollack and Ker Walker, on behalf of the Fire and Rescue

Department addressed the board on issues with their parking lot

and the Pease Mountain Tower. Pollack discussed the parking lot

shared with the Senior Center stating his department has a good

relationship with the Center, but the only problem might be if

functions were booked at the Center restricting access to a

structural fire. Mack suggested Pollack discuss the matter with

Wally Gates. Walker said one of the concerns of the Department

is a shared driveway with 1 dry hydrant and that there can be no

restrictions of access to either side of the roadway by traffic

or parked cars.

Tom Heilmann, the attorney for the Department said that radio

station WIZN wants to leave the Pease Mountain tower site and

the way the lease works with Verizon, who also had equipment on

the tower is that Verizon would then be able to move their

equipment higher up the tower and then could renegotiate their

lease. Heilmann said Verizon is considering moving off the

tower to another site because of litigation of tower users

there, and that they paid their annual rent of $5,000.0 in

November. Heilmann said if both WIZN and Verizon leave the site

the Department will lose revenue and the maintenance that has

been provided by both companies to the site, and other companies

lose interest in the site once they learn of current and past

litigation. Heilmann offered it might be appropriate for the

Selectboard to get a sense of the town stating their promise of

quiet enjoyment of the site to Verizon, who has yet to let us

know they want to leave but we are aware they are looking at

other sites.

Russell asked what the maintenance costs were and Pollack said

they were studying the costs, but did not have a firm figure,

and Heilmann noted they have asked WIZN and Verizon what their

costs are, and Walker said his Department had also asked for

costs from an independent consultant. Pollack asked if the

board members were prejudiced against cell phones and board

members responded no.

Mack asked about moving to the Mt. Philo site and Heilmann

answered the state has told them it's an experimental site.

Ramsdell asked how much Fire and Rescue had spent on litigation

and Pollack answered $35,000.00 over 6 years, and noted that

Mary Beth Freeman and her group had refused to meet with the

Department and their attorneys to discuss the matter.

Arthaud asked if they knew when WIZN will leave the tower and

Heilmann answered the best they will tell us is they will have

another lease in a month, but then they will need to go through

the permitting process.

Freeman suggested the Selectboard have a public meeting to

address this issue and said she didn't know the issue was on the

agenda. Mack said he prepared the agenda Thursday morning.

Mack asked why not put all communications on one tower and

Pollack said there was nothing wrong with our tower and Walker

added that the Mt. Philo site has coverage problems for Fire

Board of Selectmen -8- February 11, 2002

and Rescue, most especially the intersection of Route 7 and

Ferry Road and that site would require the Department to build a

separate building.

Sharron Balaban said the Department does a good job, but that

antennas are not safe and more than the monetary benefit should

be looked at.

Moe Harvey asked how much the town had spent in legal fees and

Mack answered $30,000.00. Heilmann said if the case goes to

Environmental Court it could cost an additional $35,000.00 for

the Fire and Rescue Department. Harvey asked whether this was

happening because of Freeman and her group and Heilmann said in

his opinion, yes. Pollack said the Department was named in a

suit and needed to be responsible to the town and community.

Sabin said Freeman's group spent a lot of time and money on this

issue and it was unfair to portray her in this way.

There was a discussion of which party on the site caused

radiation problems. Pollack said an independent consultant was

hired by the state and his findings were that the effect were

well below the federal guidelines and the Department is a

life-saving organization.

Jenny Cole questioned whether it was realistic that the health

concerns from the townspeople about the site would just go away.

Heilmann noted his client was not asking users of the site to

come in without permits.

ROUTE 7 INTERSECTION

Schroeder and Russell showed a map of the intersection of Route

7 and Ferry Road. Russell reviewed a recent meeting he and

Schroeder attended with the state Department of Transportation

about safety concerns at the intersection. Russell described

methods discussed to slow traffic and Schroeder noted the

state's plan is to slow the traffic at the site with painting

and paving. Schroeder discussed the plan for a "tattletale"

light to catch motorists running the light.

John Rosenthal asked whether the plan would make for less

serious accidents at the intersection and Russell answered yes

and explained that the timing of the new traffic light is geared

to clear the intersection before the light changes to allow

traffic movement.

MISCELLANEOUS

Chairman Mack noted that Dog Catcher, Dale Knowles notified him

that a black and tan dog has killed chickens and a duck in East

Charlotte. Mack said no one claims to own the dog and state

statutes allow for an animal to be destroyed if it kills other

animals. Mack asked Frank Tenney if he knew who owned the dog

and Tenney responded he thought he had a good idea, and Mack

asked Tenney to speak with who the thought was the dog's owner.

Board of Selectmen -9- February 11, 2002

Russell moved and the motion was seconded by

Ramsdell:

* "IF THE DOG GETS OUT AGAIN TO HAVE THE DOG CATCHER

DESTROY THE DOG."

Vote: All in favor.

CONFLICT OF INTEREST MEETING FEBRUARY 13TH

Mack said that Wendy Schroeder had set up a meeting with the

town attorney on conflict of interest issues for the board and

that candidates for public office are also invited to attend.

Ramsdell suggested the board look into getting a mediator to

work with board members as well.

Wendy Schroeder said she had received a draft of the AGREEMENT

allowing a rope tow in the Kingston's deed to the town for

Barber Hill.

Russell moved and the motion was seconded by

Sheldon-Dean:

* "TO AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT TO

REPLACE THE RESTRICTION OF THE ROPE TOWN IN THE

KINGSTON'S DEED TO THE TOWN."

Vote: All in favor.

Having no further business, Chairman Mack

moved:

* "TO ADJOURN."

Vote: All in favor.

The meeting was adjourned at 9:50 p.m.

Minutes submitted by:

Debby Flynn