Board of Selectmen February 28, 2000

TOWN OF CHARLOTTE
BOARD OF SELECTMEN
MINUTES
FEBRUARY 28, 2000

MEMBERS PRESENT: Chairman Marty Illick
John Rosenthal
James Sheldon-Dean
Robert Mack, Jr.


OTHERS: Hazel Prindle
Harley Allen
Nancy P. Sabin
Ed Everts
David Santos
Ellen-Anne Russell
Peter Coleman
Trisha Coleman
Stephen Kiernan
Louis Cox
John Hammer
Jim Dickerson
Wade Weathers
Stephen C. Brooks
Sandy Mayo
Sylvia Sprigg
Charles Russell
Richard LeBoeuf
Edward Melby
Al Moraska
Mary Ann Gatos
Michael Clapp
________________________________________________________________

Chairman Illick called the meeting of the Board of Selectmen to 
order at 7:05 p.m. in the Charlotte Town Offices.


APPROVE MINUTES OF FEBRUARY 14TH MEETING

Chairman Illick asked board members if they wished to approve 
the minutes of February 14, 2000. Rosenthal noted an error on 
page 6 where a vote was listed to the motion that was amended 
and suggested the vote be deleted. Rosenthal clarified that 
Hinsdale had stated the reason for waiving the fees for the 
Little League field was the field was available for public use 
and not private property.
Illick asked the last motion on page 7 read the board 
"RECONVENED AS THE SELECTBOARD AND ADJOURNED." Charlie Russell 
noted an error in a motion on page 4 the date be changed from 
"March 28" to "February 28, 2000."

Rosenthal moved and the motion was seconded by
Sheldon-Dean:
* "TO APPROVE THE MINUTES OF FEBRUARY 14, 2000 AS
AMENDED."
Vote: All in favor.

Board of Selectmen -2- February 28, 2000

PUBLIC COMMENTS 

Hazel Prindle reviewed her letter date February 26, 2000 
concerning a typographical error on page 75 of the Town Report 
which changes the meaning of the Auditor's Report entirely. 
Illick stated the board would let the public know of the error 
and the intended meaning at Town Meeting Day. Prindle asked 
about the budgeting for attorney fees and Illick explained the 
change in where legal fee line items were put and noted the 
numbers used were based on past year figures.

Charlie Russell asked about the Capital Reserve Fund for Fire & 
Rescue and Illick said the issue would be explained to the 
public at Town Meeting Day and she would follow up on the issue 
and make sure the accounting was correct.

Nancy Sabin asked about figures quoted in a Burlington Free 
Press article, dated February 23, 2000. Illick said the figures 
were misquoted. Sabin asked about septic rights which were 
purchased for municipal septic on the Lavalette property and 
Illick suggested Sabin put her thoughts in writing.

Sandy Mayo asked about the A. Johnson property closing and 
Illick stated the money for the closing was taken out of the 
Conservation Fund and the application was approved to do so in 
November and the Selectboard approved the purchase.


GLORIA WARDEN

Gloria Warden gave board members and attendees copies of her 
memo to the board concerning her compensation in lieu of health 
insurance. Warden reviewed the minutes of the January 10, 2000 
Selectboard meeting stating the board would negotiate cash 
incentives for employees wishing to be covered on another plan. 
Illick asked Warden what her request was and Warden said she 
wanted $287.23 paid to her monthly in lieu of insurance. Illick 
stated the budget is now set and numbers would have to be 
reworked if her request was to be granted. Illick asked if 
Warden wanted to be on the town insurance plan and Warden 
responded she was not sure it would benefit her family. Illick 
stated the town was working on personnel regulations and would 
look into Warden's request and put the item on the next agenda 
and discuss the matter with Wendy Schroeder.


SENIOR CENTER UPDATE

Peter Coleman said the Senior Center Committee continues to meet 
and said the committee was looking at possible sites for the 
center. Coleman asked about the LeBoeuf lease contract and 
LeBoeuf's attorney, Michael Clapp, said the document was with 
him and ready to be signed.






Board of Selectmen -3- February 28, 2000

Coleman said his committee was working on having 7 board members 
for the center and so far had about 200 responses from the needs 
survey. Coleman said his Committee was planning a presentation 
on Town Meeting Day as well as preparing a newsletter and 
stand-up display outlining their plans.

Rosenthal suggested the Senior Center Committee members think 
about possible questions from the audience at Town Meeting Day 
and Mack suggested presenting 1, 5 and 10 year operating costs 
of the center as well as possible locations. Illick asked if 
the survey responses had been tabulated and Mary Ann Gatos said 
they had been generally calculated and Sheldon-Dean suggested 
the committee present trends in their data.

Al Moraska asked if any of the money bequested in Walter Irish's 
will allowed for the purchase of land for the center and Gatos 
responded her understanding was the money was designated for 
construction of the center and not for operational costs or 
land, but Gatos said she would follow up with Irish's Attorney, 
Emily Morrow, and the Stratevest Group to be certain.

Peter Coleman asked if anyone had heard any negative comments 
about the proposed senior center and board members responded no.

Illick asked what should be done about LeBoeuf's lease contract 
and Gatos suggested the senior center committee look at it and 
then have the Selectboard review it.


LEGAL MATTERS

Chairman Illick acknowledged Zoning Administrator Louis Cox's 
memo of February 7, 2000 and said the board had reviewed it with 
the Zoning Board. Illick stated she thought the "housekeeping 
issues," such as how to get items on the agenda are now 
understood. Cox noted he and the Selectboard haven't seen eye 
to eye on issues and have "different assumptions on law."

Illick suggested going case by case, starting with the Lazar 
case, in which a decision had been written which is being 
reviewed by the town attorney. Rosenthal noted factual errors 
in the Lazar case, and suggested the Chairman be authorized to 
amend the errors.

Rosenthal moved and the motion was seconded by
Sheldon-Dean:
* "TO GIVE THE CHAIRMAN AUTHORITY TO TAKE ACTION TO
CLEAR UP FACTUAL ERRORS IN THE LAZAR CASE."
Vote: All in favor.

Illick stated in the Stephen Brooks case, Brooks filed an appeal 
with the Vermont Supreme Court January 15, 2000. Illick 
discussed the bark mulch on the Brooks site and Cox stated that 
was a separate case from the sawmill business. Illick said she 
thought there was no evidence the bark mulch business was 
proceeding further and Rosenthal added he had visited the site 
and didn't think there was an ongoing sale of mulch and


Board of Selectmen -4- February 28, 2000

Rosenthal and Mack stated they both felt there was no activity 
at the Brooks business that warranted spending town money to 
follow up on. Illick noted that Cox wanted Mack to recuse 
himself on the issue and Mack stated he had no business 
interests with Brooks. Brooks stated he wished to direct the 
board's attentions to his permits and file.

Illick discussed how the Hutchins case could be resolved and Cox 
stated he thought the town regulations were being ignored in the 
dumping action and wondered whether the good faith actions after 
the fact had any bearring on the issue. Cox said he wanted to 
get an injunction and decision on the issue and move from there. 
Illick said from what she had read, she was not convinced 
hazardous materials were buried at the site. Cox said he was 
denied access to the property for a site inspection and in this 
case there is an Open Space Agreement in place, which should 
allow him access. Rosenthal asked Cox what action he thought 
should be taken and Cox responded that he didn't have enough 
probable cause to take action without seeing the site and all he 
has at the moment is complaints from Hutchins's neighbors. 
Illick asked Sheldon-Dean what he thought on the issue and he 
responded that he thought Hutchins actions were probably against 
town regulations, but would any action change anything? Illick 
noted that Cox wanted Mack to recuse himself on the issue and 
Mack stated he had no business interests with Hutchins.

Rosenthal moved and the motion was seconded by
Illick:
* "TO INSTRUCT COX TO MOVE FORWARD ON THE OPEN SPACE
AGREEMENT ON JEFF HUTCHINS PROPERTY."
Vote: All in favor.

Illick reviewed in the Miner case that on advice of the town 
attorney that the town would withdraw from the appeal. Cox 
asked why that was, and Rosenthal answered the attorney gave us 
good advice not to appeal the case as the parties are mostly in 
agreement.

Rosenthal moved and the motion was seconded by
Sheldon-Dean:
* "WE TAKE THE TOWN ATTORNEY'S RECOMMENDATION ON THE
MINER CASE THAT WE WITHDRAW FROM THE APPEAL."
Vote: All in favor.

Cox discussed his concern with residents coming before the 
Selectboard with complaints that should be heard by the Zoning 
boards and Rosenthal said he mostly agrees, citing the Grundler 
case, but stated if the residents are before the wrong board, we 
can hear what they have to say and then send them in the right 
direction and Illick spoke in agreement with Rosenthal.

Illick stated the case of Lance Fournier is now being 
represented by attorney Liam Murphy, who says Fournier has met 
all of his conditions. Cox stated he didn't think the case was 
"quite there yet."




Board of Selectmen -5- February 28, 2000

Illick said in the Grundler case, Grundler feels the town should 
be collecting fines and Cox responded there was a notice of 
violation last summer and the mill has been put up and taken 
down several times since and suggested the town hold off until 
they get a letter from the Pubic Service Board.

Illick and Cox discussed Cox's memo on the Open Meeting Law with 
Illick stating she mostly agreed with the contents of the memo, 
but thought the problems Cox cited were mostly semantics.


EARL BURNS LAND

Illick reviewed a letter from fellow board member, Clark 
Hinsdale, III, regarding the contracts for the purchase of the 
Earl Burns property and recommending three motions to the board 
to move the deal along to completion with Jim Dickerson's group 
purchasing some of the land and the Charlotte Community Trust 
purchasing other parcels.

Rosenthal moved and the motion was seconded by
Sheldon-Dean:
* "WE ACCEPT THE PROPOSAL OF THE CHARLOTTE COMMUNITY
TRUST DATED FEBRUARY 23, 2000."
Vote: All opposed.

Stephen Kiernan, a member of the Charlotte Community Trust, 
outlined the terms of the deal the Trust is about to close on 
and thanked the Selectboard for making the payments on the 
option while they pulled the deal together. Kiernan said the 
Trust had hoped to close on the deal March 1, 2000, but they are 
still working out the details. Illick agreed, saying it was 
important to get the details agreed upon on paper.

Illick asked if LeBoeuf's attorney, Michael Clapp had anything 
to say and Clapp responded his client was ready to make a septic 
easement across his land available to the town.

Jim Dickerson said he was ready to close on his part of the deal 
March 1, 2000, and wondered if the town could let Burns know it 
was fine with them. Mack suggested that if there were issues 
still on the table that waiting a day or two would be wiser.

Rosenthal moved and the motion was seconded by
Sheldon-Dean:
* "TO AUTHORIZE CLARK HINSDALE TO TAKE ALL OFFERS OFF
THE TABLE IMPLIED OR OTHERWISE TO CONVEY THE BURNS
PROPERTY TO THE CHARLOTTE COMMUNITY TRUST."
Vote: All in favor.

Charlie Russell asked what the reasoning was fro the last motion 
and Illick responded to wipe the slate clean and allow Dickerson 
to proceed with his part of the deal. Dickerson said the burns 
have been waiting for this for a long time and he has no issues 
in the way of his closing. Sylvia Sprigg said she thought it 
should be closed as a package deal.



Board of Selectmen -6- February 28, 2000

Rosenthal moved and the motion was seconded by
Sheldon-Dean:
* "TO AUTHORIZE THE SALE OF THE OLD LANTERN PROPERTY
AND A CONTRACT TO SELL THE HOUSE NEXT DOOR TO JIM
DICKERSON'S GROUP PROVIDED THAT: THE SALE IS EQUAL
TO OR GREATER THAN THE APPRAISED VALUE AND; THE
OPTION ON THE REMAINING PROPERTY CAN BE RETAINED AND
EXTENDED AND; THE DOCUMENT IS REVIEWED AND APPROVED
BY THE TOWN ATTORNEY."
Vote: All in favor.

Illick and Rosenthal stated they were taking Hinsdale's advice 
on the issue as he has been involved with the agreements on the 
deal from the start.

Kiernan asked for some time on the next agenda and Illick said 
she would try to fit that in.

Rosenthal moved and the motion was seconded by
Mack:
* "TO AUTHORIZE THE PAYMENT OF THE MARCH, 2000 OPTION
PAYMENT TO EARL BURNS IN THE AMOUNT OF $5000.00."
Vote: All in favor.


AGRICULTURAL LEASE

Mack recused himself from the discussion and any votes on this 
agenda item.

Rosenthal moved and the motion was seconded by
Illick:
* "TO TAKE A 5 MINUTE RECESS."
Vote: All in favor.

The recess began at 9:37 p.m.

Illick noted the Charlotte Land Trust wrote a lease that is not 
ready yet, requiring farmers to test for toxins.

Sheldon-Dean moved and the motion was seconded by
Rosenthal:
* "TO AUTHORIZE THE CHAIR TO COMPLETE THE LEASE
LANGUAGE AND PUT IT IN THE NEWSPAPER."
Vote: All in favor.


BILL SIGNING AND DISCUSSION

Board members reviewed and signed bills.

Chairman Illick discussed a letter she had received from Senator 
Jefford's office on the National Park Service Heritage Quarter 
Project with an extended deadline to the end of March. Illick 
said she though this was a great opportunity to protect 
historical structures. Mack said he was concerned with possible 
strings attached. Hammer stated he didn't think that was a 
problem and was in support of the project.

Board of Selectmen -7- February 28, 2000

Cox discussed his concern about Selectboard meeting tapes that 
have been discarded after six months or were now being reused. 
Rosenthal said he thought that was for the Town Clerk to decide 
and Illick said old tapes were building up without being used.
Sheldon-Dean said the written minutes are the legal record, 
regardless of the presence of tapes.

Sheldon-Dean moved and the motion was seconded by
Mack:
"TO ADJOURN."
Vote: All in favor.

The meeting was adjourned at 10:00 p.m.
Minutes submitted by:
Debby Flynn