FINAL VERSION AS AMENDED
AND APPROVED ON March 24, 2003. Attest: _________
Town of Charlotte
Board of Selectmen
Minutes
Monday, March 10, 2003
6:00 PM, Charlotte Town Hall
Eleanor Russell
Debbie Ramsdell
Paul Arthaud
OTHERS: Daniel
Senecal-Albrecht (selectboard assistant)
Stephen C. Brooks
Peter Coleman
Patricia Coleman
John Hammer
Hugh Lewis, Sr.
Junior Lewis
Frank Tenney
Sylvia Sprigg
Spencer Harris
Allan Jordan
Eric Van Vlandren
Dick St. George
Carrie Spear
Dave Nichols
Virginia Keyser
Mac Keyser
Dick Weed
Jeff McDonald
Janice Heilmann
Jocelyn Bolick (clerk)
The meeting was
called to order at 6:15 pm.
The items on the
agenda were as follows;
Appoint Hugh Lewis,
Sr., as First Constable. Issue call for
nominations for Second Constable / Selectboard Discussion of Issues and
Prioritization of Workload / Elect new Chair / Adjustments to agenda / Approve
minutes of February 24th / Public Discussion / Discussion of new
State requirements for septic systems (Spencer Harris) / Report by, and
discussion with, Ted Montgomery on Chittenden County Local Housing Supply Goal
Committee Meeting / Request by Robert Mack for SB to approve Farm Service
Agreement paperwork / Approve Highway Access Policy and application and permit
/ 2003-2004 Budget Adjustments to comply with Town Meeting vote lowering budget
(Discussion only) / Selectboard updates / Sign Bills and Warrants / Adjournment
Appoint Hugh Lewis, Sr., as First Constable. Issue call for nominations for Second
Constable
Paul Arthaud made a motion, Eleanor Russell seconded:
“To appoint Hugh Lewis, Sr., as First Constable.”.
Hugh Lewis, Sr., said he has been constable for 31 or 32 years.
The selectboard will
solicit nominations for second constable through the newspaper.
Selectboard Discussion of Issues and Prioritization of
Workload
What are the high
priorities for the coming year? Looking
for input from all selectboard members and public.
·
Trail system (access
from Route 7 to park, equestrian trails and barn)
·
Cohesive plan for
park and town land - can it be used for weddings, etc.?
·
Cell Towers
·
WIZN
·
Route 7 (with Ferry
Road intersection, widening/underpass, and Higbee Road)
·
Generating $$’s
(Thorp Barn)
·
Thompson’s Point Leases
(Ag and Camp leases) return on investment
·
Thompson’s Point
public access
·
Zoning By-laws
·
Transfer of school
expenses to town
·
Town Road Department
·
Fire & Rescue
Department (staffing, funding, management organization, and relationship to town, contract with town)
·
GASB – capital budget
( a new accounting system from the state to inventory land)
·
Recreation trail path
/ Melissa and Trevor Mack - Part II
·
West Village / Burns
Plan
·
Rec Department /
intramural sports
·
Village septic and
ground water issues
·
Traffic study (speed
limits)
·
Gravel road upgrade
plan
·
Growth control
(houses / land conservation)
·
Need to appraise
property more often (CLA / Act 60 issues)
·
RFP’s for Town
services
·
Open space plan
·
Finish emergency
management plan
·
Review personnel
policies and update
·
Revenue enhancement
suggestions
·
Town green
enhancement
·
Quonset Hut
·
Affordable Housing
·
Senior Housing
·
East Village Plan
The following HAVE to be done this year
(either by the selectboard or other entities), so they must be considered a
priority:
·
Rec Trail
·
West Village/Burns
Plan
·
Cohesive plan for
park and town land
·
GASB – capital budget
·
Emergency Management
Plan
·
Review personnel
policies
·
Quonset Hut
·
Thompson’s Point Ag
Leases
·
Zoning By-Laws
·
Affordable Housing
·
Senior Housing
·
Route 7 (with Ferry
Road intersection, widening/underpass, and
Higbee
Road)
Now, individuals on the selectboard will rank their top 6 priorities for this year.
Paul – Thompson’s Point Camp Leases, Road Department, CLA/appraisals, Fire & Rescue, transfer of school expenses, Park and Recreation Department.
Jennifer – CLA/appraisals, growth control, revenue enhancement/fundraising, Fire & Rescue, trail system, cell towers.
Charles – WIZN, Cell Towers, Growth Control, Fire & Rescue, Trail System, Park and Recreation Department.
Debbie – Fire & Rescue, CLA/appraisals, town green enhancement, cell towers, East Village Plan, Trail System.
Eleanor – Cell Towers, Park and Recreation Department, WIZN, Fire & Rescue, Growth Control, Rec Path – Part II.
Now, there’s a list of priorities that the selectboard feels is most important. This issue will be revisited at a later meeting.
Elect new Chair
Paul Arthaud made a motion, Jennifer Cole seconded:
“To elect a new chair of the selectboard”.
Vote: all in favor.
Eleanor Russell made a motion, Debbie Ramsdell seconded:
“To elect Charles Russell as chair of the selectboard”.
Vote: all in favor.
·
At 8:40, the Fire
& Rescue people are coming in.
·
Paul Arthaud wants to
discuss the floating easement.
·
During Selectboard
Updates, want to talk about the CLA.
Postponed until the March 24th meeting.
Stephen Brooks wanted to know if Plouffe Farm Road is part of the Selectboard Updates. There has been no forward movement on this matter.
Paul Arthaud stated that this is his last year and he will not be running for another term.
Discussion of new State requirements for septic systems (Spencer Harris)
Spencer Harris is the consultant the town uses for septic system design and soil evaluation. He brought new state septic rules and how it may impact Charlotte. S27 was signed by the governor in June, 2002.
The major points in S27 is closing the 10 acres loophole, which says any new subdivision which takes place in the state (whether 1 acre or 100 acres) will need a state permit. Previously, if it was greater than 10 acres, it would rely solely on town rules.
In the new rules, you must maintain 6 inches between elevated groundwater table and the ground surface. You can add a new septic system as long as the water table and the septic that you’re adding onto the site does not come within 6 inches of the surface, and you can do that through soil evaluations and hydro studies.
If you want to subdivide land with an existing residence, under the old rules nothing had to be done. Now, you must find a compliant site for the well as well as the septic.
New rules state 140 gallons per day for the 1st 3 bedrooms, then 70 gallons for each additional bedroom. Old rules said 150 gallons per day for 1st 3 bedrooms.
Charles Russell wanted to know if the town can choose some of the new rules and keep some of the old ones? Spencer Harris said he thought that was possible until 2007, but then the state wants uniform jurisdiction across the state.
Paul Arthaud asked about the process for approving septic systems in Charlotte. Spencer Harris said he didn’t think it would take any longer than it does now. The state does not have to be on site, but it is highly recommended. It’s $185/lot in the state of Vermont for a state permit. They have not yet defined the details of what’s going to be available for each individual town.
Allan Jordan said the town requires engineer drawings, with the new rules does the town have to put on a full-time person? Spencer Harris said that everyone who is qualified will get a licensed designers license. A licensed designed has to be hired by the town to oversee this project in the same way that it is done now.
Charles Russell asked when the details will be worked out? Spencer Harris said there’s a lot of discussion on the soil requirements, and a committee is working out the details on the questions that come up from the legislators and/or towns. There are clearly administrative details to work out.
Stephen Brooks asked if any change that was made by the town would be considered an encouragement to develop. Spencer Harris said there were a lot of sites turned down in the 80’s and 90’s that would meet the requirements of the new rules.
Stephen Brooks asked if we utilize any of the new change scenarios, wouldn’t any change be making it easier for development? Spencer Harris said there would be more lots that become available, and systems would probably be more expensive.
Allan Jordan thinks the town ought to be upfront – just say we want no more new housing in Charlotte. We’ve been talking about affordable housing for 20 years, and no one does a thing about it. If the town really wants affordable housing, they won’t get it under the existing system, but they might get 1 or 2 more under the new rules.
Spencer Harris said the new systems will not make housing affordable, by any means.
Allan Jordan said his philosophical point is that Charlotte does not want any more growth. There is affordable housing, etc., and the town doesn’t care about it.
Spencer Harris said adopting a model policy is about a 3 month process.
Robert Mack asked about large flow systems. If there is less flow allowed per unit, then isn’t there potential for more units?
There are textile fabric systems, peat filters, sand filters, between $6500 and $12000 for a residential unit.
Jeff McDonald asked what happens if the town does nothing, what will happen in 2008? If a subdivision comes forward, it will have its subdivision in place with a state approved system. We should be proactive, keep the system we have in place,
Tricia Coleman asked if the state permit for the subdivision would be based on $185 per lot in that subdivision? Yes, that is independent from the town fees. Also, Tricia asked if the town will have to have the plans reviewed by a town P.E. or a state P.E. P.E.s and site techs are going to become licensed designers in June. Civil engineers are doing the work, and the licensed designer will review the work. If the towns’ choose to do the municipal delegation after 2007, they will need to have a licensed designer available, just like they do now.
Charles Russell asked if there are any towns under the state rules? Spencer Harris said if you want to add on to your house, you have no review under the new rules until 2007. However, if you are subdividing, you are under review now. Regional offices are just getting up to speed on what is available on-site.
Allan Jordan felt
Jeff McDonald said he’s happy with the current rules. Allan Jordan said a lot of people in responsible positions don’t
want growth. He thinks the selectboard
should show what they think of affordable housing, low-income housing, and
senior housing and to start the process of converting to the new rules
tomorrow. Spencer Harris said if you
lose your well and have no overview of that is just foolish.
Paul Arthaud asked if
the town could be liable if the current rules don’t allow a system but the
state rules do. Jeff McDonald said the
town would be hard-pressed to not accept the system. Spencer Harris said he doesn’t believe the towns can be stricter
than the state after 2007. Jeff
McDonald said right now we are more restrictive than the state. Spencer Harris said all municipal ordinances
go away after 2007.
Stephen Brooks said
that building contractors should look elsewhere for different policies, some
things are more important than money.
Charles Russell asked
when are the things that are still needed to be worked – when will they be
worked out? Spencer Harris said good
question! The whole process is
evolving. Maybe in the spring some of
the things may get worked out, but in reality last week only 6 towns had
adopted ordinances to recognize the new requirements.
Allan Jordan asked if
Spencer Harris could recommend the design standards and the technical stuff to
the selectboard today? Spencer said he
could recommend the flow requirements, but probably not the technical
stuff. Not until they have a chance to
discuss the monitoring systems, etc.
It’s an ongoing process. If you
call the regional offices, they couldn’t answer half your questions. It’s not cut and dry, I don’t think you can
say we should do it all.
Allan Jordan said his
main concern is that there are certain things in that law that will allow
affordable housing, low-income housing, senior housing in Charlotte. He thinks a lot of people are concerned that
the town does not want it.
Spencer Harris said
in a lot of houses this will not be possible for affordable housing, it will be
too expensive. The flow requirements
are less, so in that sense it will be more affordable. However, in the sense of building where you
cannot build right now, the systems will be more expensive.
Robert Mack said the
cost of land is a prohibitive factor for affordable housing in Charlotte.
Sylvia Sprigg wanted
to know how the new regulations would help someone with an older property that
would have to replace a septic system.
Spencer Harris said failed systems are in a separate category. You modify the flows for a replacement
system – that’s reasonable, the town goes out of their way in getting a
replacement system that will function and not break the bank.
Peter Coleman
suggested on getting reports from all subcommittees of the selectboard so the
townspeople can be aware of their progress on a timely basis.
Ted Montgomery did not come, since some of the other towns have not yet met and picked their representative. The Chittenden County Local Housing Supply Goal Committee has not had their first meeting yet.
Stephen Brooks thought it was curious that the item said “Report by”. He thought that the selectboard was going to tell Mr. Montgomery how Mr. Montgomery should represent the town. Dan Senecal-Albrecht said Mr. Montgomery was just going to report on the meeting, but the meeting did not take place.
Stephen Brooks wanted to know if the selectboard is going to give instructions to Mr. Montgomery on how they want to be represented. Debbie Ramsdell said the meeting was for Mr. Montgomery to report back to the selectboard on what the committee was interested in attaining.
Eleanor Russell said it will be an ongoing dialogue, he will report back on what is going on with the meetings. He has no power to make decisions for Charlotte, he will report back to the selectboard and they will make any decisions.
Request by Robert Mack for SB to approve Farm Service
Agreement paperwork
Robert Mack said he needs the executive body of the town to sign for the park. He needs landowner signatures (i.e., town of Charlotte) on CCC515 and CCC517, and he needs it to be signed by April 1st. It’s a government program that puts money back into the farmers hands if the base price falls below a certain point. Last year, about 300 acres were enrolled in the program, and received $3,215.08. Supposedly this program will be more beneficial.
Robert Mack says he only gets paid when he grows a commodity crop. He will be able to stick with the management plan. He will probably take the state average for yield since it will probably be more beneficial to him.
This is a 6 year contract and payments will be made as long as a commodity crop is grown on the land.
Eleanor Russell made a motion, Paul Arthaud seconded:
“To authorize Charles Russell to sign the appropriate documents CCC515 and CCC517 for Robert Mack”.
VOTE: all in favor.
Approve Highway Access Policy and application and permit
Junior Lewis said Lime Kiln Road needs to be built up. The worst road in town has got to be Orchard Road, as far as potholes. Lake Road has cracks in the paving. They should close right back up – there are cracks in lots of the other roads, too.
Paul Arthaud wanted
to know if we can get Junior to come up with a paving schedule? We need to classify all the roads and come
up with a long term paving schedule.
Junior said it looks okay now, but a lot of it depends on spring, after
the frost goes out, who knows what it will look like a month from now?
Jennifer wanted to
know about the design or cost of Higbee Road?
Junior hasn’t heard anything about it yet – they met down there once,
but he hasn’t heard anything more.
Sylvia Sprigg said
they’re doing a great job – beat the state trucks every time.
Bostwick Road has a
one lane bridge with light on both ends – cost of $60,000 or $90,000. There was some discussion on this issue. Peter Coleman said Roz Graham said they were
going to do a temporary patching job on the existing bridge, south side
barrier, design done by end of July so it can go out for bid in August, bridge
in by end of October. Charles Russell
had heard a temporary bridge by end of April.
2003-2004 Budget Adjustments to comply with Town Meeting
vote lowering budget (Discussion only)
Jennifer Cole said
cutting anticipated expenses by $5000, so it would go down to $5000. Also, the possibility of cutting legal
expenses. Charles Russell said he
thought that wasn’t discretionary and the cuts need to come from discretionary
expenses. Debbie Ramsdell said the
selectboard could do nothing, and Charles Russell said that was why it was up
for discussion only this evening.
Stephen Brooks said delay the discussion until you have the grand list.
The selectboard
requested input from the townspeople.
Dave Nichols said the selectboard never adhered to the proposed budget,
but Charles Russell said that the selectboards intent was to stick with it. Dave wanted to know if the proposed budget is
a number that you cannot go over.
Charles Russell said towns do it differently – some towns stick to the
budget that the voters agreed upon.
Robert Mack said you
can get grants over the year for the highway budget that you cannot anticipate
by town meeting.
Virginia Keyser wants
to know who authorizes it when you spend $20,000 more on a line item? The expense line item shows “less
anticipated revenues”. Charles Russell
said there is broad language for the selectboard – they have the discretion to
spend more money.
Robert Mack said that
there were one-time deficits in past years.
Eleanor Russell said the goal is to come out on budget.
Paul Arthaud asked
Robert Mack if the selectboard could take out $33,000 out of the highway budget
and anticipate the grants that come in will make up the money. Robert Mack stated that he would not
anticipate money from Montpelier in the current fiscal climate. The last place he would take money out of
the budget is in the highway department.
Robert Mack asked how
much was spent on Miscellaneous this year.
Charles Russell listed miscellaneous items that were spent. Robert Mack said the Walter Irish gift was
unanticipated – they had to spend on all the engineering work down there.
Trish Coleman suggested
the approach for the budget should be as if it were coming out of your pocket
instead of the towns pocket. Cut out
donations, cut out the upkeep of the fields, etc. Think of it as your own checkbook.
Selectboard Updates
· Fire & Rescue - Eric Van Vlandren (President, CVFRS) and Dick St. George. There was an article that was flawed at the town meeting. The selectboard goofed, it was supposed to be on an Australian ballot. They are hoping that they can put it on the ballot in May.
The vote passed by voice vote at town meeting, but the vote on the bond had to be done by Australian ballot, so it was therefore illegal.
A question arose – the town did not vote to bond for the pumper. It was a vote to take the money out of the reserve fund. But, the town did need to vote to bond.
The lawyer did not pick up that the wording was illegal, he thought the town had the money sitting in reserves. Since it is borrowed money, it needed to be a bond vote.
Stephen Brooks said he thought the language in Article 7 was clear and straightforward. The problem is that the money is not in the reserves.
Paul Arthaud wants to know if Fire & Rescue can come back to the town and force the town to take a note out for $450,000.
A question arose on how the error came back to the town? Peter Coleman and Eric Van Vlandren brought it up before town meeting, but it was still in dispute whether or not it was a legal article by the time town meeting occurred.
Charles Russell said the selectboard wanted to piggyback it onto the CVU vote so they can pay for the election.
Eric Van Vlandren said it was in everyone’s best interest to do this sooner rather than later – if waiting until the fall, prices may go up, etc.
Carrie Spear asked if it will be the most expensive fire truck in the state of Vermont when it comes in? Dick St. George said no, there is some expensive equipment on the truck. It is in the high-middle price wise. They are expecting this truck to last on the front line for 20 years.
Tricia Coleman says she still thinks they’re buying a Cadillac for the town. Do the towns around us have all this state of the art technology, or are they putting it off until they can afford it. Dick St. George said Hinesburg ordered an addition to their truck for dry foam within 30 days of seeing it work.
Harriet Barrows (wife of Maynard Barrows, who helped found the fire department) named CVFRS a beneficiary in her will. The rumor is that CVFRS will inherit $1,000,000 from her estate.
Eric Van Vlandren said he got a call about 6 weeks ago that said the will has gone through probate, etc. The way the will is intended right now is that $1,000,000 is to be put in trust, and the money would generate a yearly income with trustees fees and legal expenses subtracted from that income. CVFRS would receive the income in quarterly installments.
However, children and others are interested in changing the will. Everyone has to agree with how the will is to change. However, CVFRS does not have enough information to make a decision, and they have other people who they have no influence over that have to agree with that situation. CVFRS has no idea what they will inherit, when it will be inherited, and what the restrictions will be. It would be irresponsible of CVFRS to act in any way other than assuming they do not have the money. They want to go forward as if there is no inheritance and ask the town for a bond. If they do end up with an inheritance, they can come back to the town and discuss their current situation with how to use the inherited money. Putting off the vote for the pumper would jeopardize the health and safety of the community by relying on a 23 year old truck, it will cost more for a new truck if the purchase is delayed. CVFRS feels it is best to proceed as if they do not have the money.
Paul Arthaud agreed with CVFRS – it is hearsay about the money until you do have it. Paul wanted to know how the money will be given to CVFRS. CVFRS said that was very much up in the air.
Charles Russell wanted to know why CVFRS did not trust the selectboard with the knowledge of the will before they put the bond before the town this year? Eleanor Russell agreed that it would make the selectboard feel better if they had known about this ahead of time. CVFRS said the scenario the attorney is proposing right now would net them around $16,000 per year. It could be a very small amount.
Charles Russell said that it would make a trustworthy relationship if it were known ahead of time by the selectboard. CVFRS said they felt the selectboard already knew about it. Eleanor Russell said all she knew was what she read in the paper, she never heard anything from CVFRS.
Debbie Ramsdell wanted to know if the selectboard can have a representative on the CVFRS board. CVFRS said they are rewriting their by-laws, and Eric Van Vlandren said he has written in them to have 3 representatives from outside CVFRS, with one of them being appointed by the selectboard. They would not be voting members, however.
Peter Coleman finds it inconceivable – what precipitated all this openness 6 days after town meeting? This information was known prior to town meeting.
Allan Jordan said if CVFRS waits until they get the money to decide what they are going to do with it, then they won’t get the pumper. The bond will go down like a rock.
Tricia Coleman said that 2 members of the selectboard (Jennifer Cole and Paul Arthaud) are already a CVFRS voting member. Neither Paul nor Jenny knew about the issue with the will, though.
Virginia Keyser is an EMT and meets as part of CVFRS as meetings are convened. The day Eric Van Vlandren gets a letter from the lawyer, he has to go back to the membership – if they get a million dollars, they get to vote on how to use it.
Sylvia Sprigg said dealing with probate – it’s a multi-year process. It takes a long time before the process is consummated, this is a gift that may take years to get to CVFRS.
Dick St. George says the current truck is old and will soon be a danger to the town. It takes one year to build a fire truck – if they order it tomorrow, they won’t see it until March of 2004. That will make the current truck one year older – almost 25 years old. The morale of the firefighters – they are not supported by the equipment that they need, they lose their morale.
Stephen Brooks said he doesn’t think the issue is about the truck, maybe CVFRS wants to consider giving the town a letter that states what they will give the town if the money from the estate comes through.
Eleanor Russell suggested that CVFRS get a letter out to the community now. It has already been drafted, according to Eric Van Vlandren.
The next meeting – March 24th – will give the selectboard plenty of time to get the bond vote in front of the public again.
There will be a burn on March 22nd. It will be posted in the paper.
Eleanor Russell wants CVFRS to keep the selectboard informed on the progression of the will. She suggested keeping the lines of communication open – and in the case of not knowing whether to tell the selectboard about an issue, it’s best to tell the selectboard about it and let them decide.
Paul Arthaud wants Eric Van Vlandren to review the voting status of CVFRS to allow non-members to vote.
John Hammer said he finds it arrogant that private organizations don’t owe taxpayers any information – the taxpayers are footing the bill! Eric Van Vlandren said he didn’t say that, he intends to make the selectboard beneficiaries of information. Eric did say he would not make the blanket statement that he would give the selectboard all copies of documents that he receives about this issue, since there may be restrictions placed on him by the lawyers about the documents. We all need to work within that framework.
Paul Arthaud said that the key is the delivery system to the public. At times it can be coarse.
Dave Nichols feels it is unfortunate that there is such animosity among people in town who are volunteering their services.
Dick Weed said CVFRS has to work more clearly with the town, as a partnership.
Debbie Ramsdell says that this is how things get worked out, we’re just airing out our feelings. It’s a good exercise.
· Floating easement – Paul Arthaud would like to make a motion to dissolve the easement for Greenwood America. It was never in any trail plan, it was never in any recommendation from any committee. It’s clearly a problem. Instead of wasting our time, lets drop it.
Paul Arthaud made a motion, Jennifer Cole seconded:
“To dissolve the floating
easement from Greenwood America”.
Charles Russell said that it’s premature to just dissolve it. They don’t want an answer right away, they want an answer in the middle of the summer. Until we have someone take a look and see what it costs to put a trail in there, we can’t give up the asset.
Stephen Brooks says on the surface it is silly and looks in the way, but if you look at a map of the trail system of the town, you’ll see 28 pieces of spaghetti – but the wisdom of a trail network is that it may take 100 years. You can’t see it today, but when you have the opportunity you pick up the easement because 50 years from now the townspeople will be thankful of their predecessors.
Paul
Arthaud withdrew the motion.
Sign Bills and Warrants
Bills
signed as appropriate.
Adjournment
Next
meeting on Monday, March 24th, at 7 PM.
Meeting adjourned at 10:00 PM.