Board of Selectmen February 14

Board of Selectmen February 14, 2000

TOWN OF CHARLOTTE

BOARD OF SELECTMEN

MINUTES

FEBRUARY 14, 2000

MEMBERS PRESENT: Chairman Marty Illick

John Rosenthal

James Sheldon-Dean

Clark Hinsdale, III

Robert Mack, Jr.

OTHERS: Sandy Mayo

Nancy P. Sabin

Charles Russell

Harley Allen

Edward Melby

Mary Ann Gatos

Mischul Brownstone

Sylvia Sprigg

David Brown

Al Moraska

David Miskell

Stephen C. Brooks

Wendy Schroeder

________________________________________________________________

Chairman Illick called the meeting of the Board of Selectmen to

order at 7:15 p.m. in the Charlotte Town Offices.

ADJUSTMENTS TO AGENDA

Illick explained that Road Commissioner, Hugh Lewis, Jr. would

be unable to attend the meeting as scheduled as he and his road

crew needed to clear roads from the recent snow storm and Zoning

Administrator, Louis Cox was snowed in and also wouldn't be able

to attend. Illick stated she thought the Selectboard would be

able to approve the Town Road Standards as scheduled. Rosenthal

suggested discussing the process of readopting the Town plan as

slated at 8:45 p.m. Sheldon-Dean said the Agreement on the

trails network surrounding the Route 7 project needed a sponsor

and suggested having the board write up an explanation of the

proposed budget for the Charlotte News. Hinsdale suggested

talking about the Agricultural lease and Illick asked the board

to review letters from Zoning Administrator, Louis Cox, dated

February 9, and 10, 2000.

APPROVE MINUTES OF JANUARY 24TH MEETING

Chairman Illick asked board members if they wished to approve

the minutes of January 24, 2000. Illick clarified on page 4 the

town had closed on the A. Johnson property 173 acres, spending

$158,000.00 on development rights and easements for public

access, including 7700 feet of river front.

Board of Selectmen -2- February 14, 2000

Nancy Sabin asked that on page 3 in reference to the proposed

Senior Center the $15,000.00 she had requested would be budgeted

for maintenance and operation of the center and not be applied

toward building the facility.

Rosenthal moved and the motion was seconded by

Sheldon-Dean:

* "TO APPROVE THE MINUTES OF JANUARY 24, 2000 AS

AMENDED."

Vote: All in favor.

PUBLIC COMMENTS

Nancy Sabin asked who was on the election slate for lister,

calling attention to an article in the Charlotte News listing

only one candidate for Lister and Illick suggested Sabin talk to

the Town Clerk to ascertain if more than one petition had been

filed.

Charlie Russell asked about where in the town records the

Agreement extending the Burns option last August was filed and

Hinsdale advised not all option agreements are recorded in the

town records, but provided Russell with a copy of the Agreement.

SENIOR CENTER UPDATE

Illick asked Mary Ann Gatos if the committee working on the

Senior Center was ready to present at Town Meeting. Gatos

responded no, and outlined what she and Peter Coleman had been

working on with their committee in preparation for Town Meeting

Day. Gatos reported that a survey was being performed outlining

needs and services desired for the 597 Charlotte residents 50

years and older. Gatos said the survey would sample

approximately 300 to 350 town residents.

Gatos said the committee was looking at 3 sites for the center:

behind the Town Hall; on Richard LeBoeuf's land he had offered

to lease the town; or on the Gaboree property over by the fire

house. Gatos said the lease on the LeBoeuf property had yet to

be firmed up and Illick and Hinsdale suggested Gatos stay after

attorneys Michael Clapp and Steve Stitzel to get what was needed

done. Gatos reported the proposed Senior Center was on the

agenda for the Planning Commission meeting the following

Thursday and the committee had decided on Martin Harris for the

architect for the center. Gatos said the committee planned to

work on their presentation for Town Meeting Day the following

evening.

There was a discussion on the scheduling conflict the following

Thursday night between the Planning Commission meeting and

"Candidates Night."

Board of Selectmen -3- February 14, 2000

ZONING ADMINISTRATOR UPDATE

Hinsdale acknowledged the presence of Ed Melby and Al Moraska of

the Planning Commission, as the Zoning Administrator was not

able to be present. Moraska said the Planning Commission and

Zoning Board of Adjustment had been working on a job description

for Louis Cox. Melby noted that there are no longer any board

members on the PC with legal training and didn't think it was

appropriate the Zoning Administrator can only seek legal action

with approval of the Selectboard. Illick said she had talked

with the town attorney on the issue and he advised Selectboard

approval of legal action is consistent with state statutes and

not unusual. Melby stated the Supreme Court has a pending

decision related to this matter and his opinion that having the

Zoning Administrator ask for permission to take legal action

made him a "handmaiden of the Selectboard."

Hinsdale responded that periodic training on legal issues might

be a good idea for all three boards involved and the Zoning

Administrator has the authority to write decisions and has a

great deal of power in his interpretations of permit

applications. Hinsdale added there is a big difference between

consulting with the town attorney to get the information

necessary to make a decision and deciding to involve the town in

court litigation.

Sylvia Sprigg said she thought problems have arisen from the

town not enforcing zoning requirements or selectively enforcing

them. Rosenthal asked if there were any flagrant violations and

Sprigg responded that many permit requirements have never been

fulfilled or followed up on. Illick responded that Cox is

acknowledging violations, is independent of the Selectboard and

is doing his job and any controversy lies in where his orbit

moves toward the final decision to litigate.

Hinsdale outlined the duties of the boards and the Zoning

Administrator and where his administrative function interfaces

with litigation and added that anything the Selectboard could do

to make things more clear they would do.

Illick added the day-to-day business of the Zoning Administrator

and the boards has not changed, the Selectboard adjusted the

line items in the budget to reflect actual costs of asking for

legal advice and litigation and added that if there was a need

for more money to be budgeted in a legal line item to come to

the Selectboard.

Sandy Mayo suggested there be a mediator to deal with legal

issues, citing three cases where legal fees went up when the

Zoning Administrator issued a violation and the Selectboard

called the same attorney for advice.

Al Moraska said his board was going forward with an adjustment

to Cox's job description and Hinsdale suggested getting help

from Secretary of State, Markowitz's office, showing recent

correspondence to show issues dealt with and then having a

meeting with both boards present.

Board of Selectmen -4- February 14, 2000

Schroeder offered the VLCT runs seminars on this subject and

Mack stated town attorney, Stitzel is the best expert on this

matter and teaches seminars. Sandy Mayo noted a document the

town paid for related to this matter from Stitzel three years

ago and the town should find and review the document. Hinsdale

and Moraska agreed that finding and recirculating the document

was a good idea.

Illick noted a letter Cox wrote to the state resigning as Deputy

Health Officer and Hinsdale read the letter of resignation,

effective March 7, 2000. Illick said the board has to decide

what to do about this. Moraska said Cox's decision stemmed from

the Selectboard's decision to cut back on Cox's hours. Illick

explained that the Selectboard had only absorbed one line item

into another and Hinsdale added that Cox had stated he did not

want to work more than 20 hours per week. Sheldon-Dean noted

that Cox had said he never spends more than 1 or 2 hours per

week on the duties of the Deputy Health Officer. Illick

explained the Selectboard had looked at last year's numbers in

preparing the budget, noting permit applications are down and

WIZN issues are currently taking less time.

Mack read a copy of Cox's letter of hire outlining his duties as

Zoning Administrator and Deputy Health Officer and stating this

was a half-time position at a salary of $14,500.00 per year.

Hinsdale asked about what should be done about Cox resigning as

Deputy Health Officer March 7th, when the fiscal year ends June

30, 2000. Rosenthal stated he didn't think the board could

accept a resignation for part of a job and said he thought the

Zoning Administrator should be given notice and terminated.

Sheldon-Dean moved and the motion was seconded by

Rosenthal:

* "TO GO INTO EXECUTIVE SESSION TO DISCUSS PERSONNEL

ISSUES WITH THE ZONING ADMINISTRATOR/DEPUTY HEALTH

OFFICER POSITION."

Vote: All in favor.

The board was in Executive Session from 8:52 to 9:27 p.m.

Sheldon-Dean moved and the motion was seconded by

Illick:

* "TO RECONVENE FROM EXECUTIVE SESSION."

Vote: All in favor.

Hinsdale moved and the motion was seconded by

Sheldon-Dean:

* "TO DEFER FORMAL PERSONNEL ACTION ON THE DEPUTY

HEALTH OFFICER POSITION UNTIL MARCH 28, 2000."

Vote: All in favor.

Board of Selectmen -5- February 14, 2000

HORSFORD REQUEST FOR A BUILDING PERMIT AT THOMPSON'S POINT

Wendy Schroeder discussed a request by Marshall and Joan

Horsford to build on Thompson's Point, noting the Horsfords had

already paid for a sewer connection at the site of the former

Bennett camp. The board approved Schroeder's letter in response

to the request.

EMPLOYEE HEALTH INSURANCE - APPROVE NEW PLAN

Schroeder reviewed the comparisons she had provided board

members between the MVP plan and VLCT's Vermont Health

Partnership (VHP). Schroeder stated she thought VHP was a

better plan for the town as the more employees co-pay for an

office visit, the less expensive the cost to the town. Illick

said she wanted to go with the plan that is closest to what the

employees had (Kaiser Permanente, who is leaving the state in

March). Schroeder said she would do calculations on employee

benefits. Hinsdale said the VLCT has the personnel available to

watch the bottom line for its members and has more leverage with

insurers and Schroeder said the VLCT's plan has the best health

experience rating. Board members discussed co-payments on

office visits and prescriptions.

Sheldon-Dean moved and the motion was seconded by

Mack:

* "TO HAVE VERMONT HEALTH PARTNERSHIP AS THE TOWN'S

HEALTH INSURER WITH A $100.00 DEDUCTIBLE ON

PRESCRIPTIONS AND A 5/10 CO-PAY FOR OFFICE VISITS."

Vote: All in favor.

TRAILS NETWORK

Sheldon-Dean said the Agreement on the cooperative trails

network with the state surrounding the Route 7 project needed a

"duly authorized sponsor" to be assigned.

Hinsdale recused himself from the discussion and any votes on

this agenda item.

Sheldon-Dean moved and the motion was seconded by

Mack:

* "TO AUTHORIZE WENDY SCHROEDER TO BE THE SPONSOR'S

DULY AUTHORIZED REPRESENTATIVE FOR THE COOPERATIVE

TRAILS NETWORK."

Vote: 4 in favor, 1 abstained (Hinsdale).

Sheldon-Dean moved and the motion was seconded by

Mack:

* "TO ACCEPT THE COOPERATIVE AGREEMENT PROPOSED BY THE

STATE OF VERMONT ON THE COOPERATIVE TRAILS NETWORK."

Vote: 4 in favor, 1 abstained (Hinsdale).

Board of Selectmen -6- February 14, 2000

APPROVE TOWN ROADS STANDARDS

Illick noted the Mt. Philo parking lot is now open.

Illick reviewed with board members John Hammer's memo on Town

Road Standards and his recommendation that road standards be

reviewed and readopted by the board every November.

Sheldon-Dean discussed what the town would want to do in the

event one of its single-lane bridges needed to be replaced and

Mack said he would;d like to see them replaced with two-lane

bridges.

Mack moved:

* "THE DORSET STREET AND CARPENTER ROAD BRIDGES IN

THIS DOCUMENT BY JOHN HAMMER BE TWO-LANES."

The motion failed for lack of a second.

Sheldon-Dean moved and the motion was seconded by

Rosenthal:

* "TO ADOPT THE TOWN ROADS STANDARDS WITH A CHANGE IN

SECTION 8 THAT STANDARDS FOR CARPENTER ROAD AND

DORSET STREET BE ONE-LANE BRIDGES."

Vote: All in favor.

Sheldon-Dean moved and the motion was seconded by

Rosenthal:

* "TO AMEND THE MOTION ON THE FLOOR WITH THE CHANGE

THAT THE DORSET STREET BRIDGE BE TWO LANES AND ONE

LANE ON THE CARPENTER ROAD BRIDGE."

Vote: All in favor.

Sheldon-Dean moved and the motion was seconded by

Illick:

* "TO APPROVE THE TOWN ROADS STANDARDS DOCUMENT AS

AMENDED."

Vote: All in favor.

Hinsdale made the change in reference to the Dorset Street

bridge in Section 8 of the document, initialed it and signed the

document and board members followed suit.

CHARLOTTE LITTLE LEAGUE - WAIVE LOCAL PERMIT FEES

Hinsdale recused himself from the discussion and any votes on

this agenda item.

Illick noted a request by Carrie MacKillop for a waiver of

permit fees to construct a ballpark for the Little League along

Route 7.

Rosenthal moved and the motion was seconded by

Illick:

TO WAVE THE LOCAL PERMIT FEES TO THE CHARLOTTE

LITTLE LEAGUE TO CONSTRUCT FIELDS."

Vote: 4 in favor, 1 abstained (Hinsdale).

Board of Selectmen -7- February 14, 2000

TOWN PLAN - MOTION TO READOPT 3-7-95 PLAN

PUBLIC HEARINGS - MARCH 4 10:30 A.M.

MARCH 6 7:00 P.M.

Sheldon-Dean discussed a letter he drafted to the Charlotte News

asking voters to readopt the current town plan. Board members

discussed and approved the letter without corrections.

Hinsdale moved and the motion was seconded by

Sheldon-Dean:

"TO READOPT THE 3-7-95 TOWN PLAN."

Vote: All in favor.

Illick noted the dates that had been warned for Public Hearings:

March 4 and 6, 2000, and board members discussed which members

could attend to assure a quorum.

ROUTE 7 - FERRISBURGH & CHARLOTTE PLAN

Chairman Illick noted the Town of Ferrisburgh is receiving many

requests for curb cuts along Route 7, which is not keeping with

their town plan and conflicts with Charlotte's policies on curb

cuts. Illick suggested officials from both towns meet and

discuss the issue. Sheldon-Dean said Ferrisburgh's curb cuts

could impact on Charlotte roads later with congestion, etc. and

noted that the state is supposed to have final say on curb cuts

along Route 7. Sheldon-Dean suggested the way to approach this

was a neighbors working together to solve a conflict.

Illick said she would ask the Planning Commission for a

representative to work with Ferrisburgh.

BILL SIGNING/OTHER DISCUSSION

Board members reviewed and signed bills.

Mack discussed a proposed conference center on Bostwick Road and

suggested the board look into this. Illick scheduled the issue

for the next meeting.

Sheldon-Dean moved and the motion was seconded by

Mack:

"TO CONVENE AS THE LIQUOR CONTROL BOARD."

Vote: All in favor.

Sheldon-Dean moved and the motion was seconded by

Mack:

"TO APPROVE LIQUOR LICENSES FOR THE OLD BRICK STORE

AND TENNEY ENTERPRISES."

Vote: All in favor.

Mack moved and the motion was seconded by

Sheldon-Dean:

"TO ADJOURN."

Vote: All in favor.

Board of Selectmen -8- February 14, 2000

The meeting was adjourned at 11:07 p.m.

Minutes submitted by:

Debby Flynn