MARCH 22, 1999

MEMBERS PRESENT:

Clark Hinsdale, III

John Rosenthal

Jim Sheldon-Dean

Robert Mack, Jr.

OTHERS:

Stephen C. Brooks

John Hammer

Harley Allen

Nancy P. Sabin

Sylvia Sprigg

Linda Radimer

Sandy Mayo

Jonathan Fischer

Wade Weathers

Wally Smith

Louis Laberge

Alison Lockwood

Louis Cox

Charles Russell

Mary Beth Freeman

Moe Harvey

Mary Mead

Wendy Schroeder

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Chairman Illick called the meeting of the Board of Selectman to

order at 7:05 p.m. in the Charlotte Town Offices. Illick

welcomed John Rosenthal to the board and welcomed back Robert

Mack, Jr.

APPROVE MINUTES OF TOWN MEETING AND MARCH 8, 1999 SELECTBOARD

MEETING

Chairman Illick asked if the board had reviewed the Town Meeting

minutes and submitted her changes to the Selectboard meeting

minutes, noting that page 6 was missing.

Rosenthal moved:

* "APPROVAL OF THE MARCH 8, 1999 MINUTES."

The motion failed for lack of a second.

It was decided to table the approval of both minutes until the

next meeting to give Selectboard members time to review the Town

Meeting minutes and view the Selectboard minutes in full.

Board of Selectman -2- March 22, 1999

PUBLIC DISCUSSION

Louis LaBerge noted a dip in the road at an intersection on

Spear Street Extension and asked if it could be repaired.

Sheldon-Dean said he would turn in a request to the state, as

Spear Street is a Class 2 road.

VOLUNTEER APPOINTMENTS, HIRE MINUTETAKER

Chairman Illick apprised board members that the minutetaker,

Debby Flynn, was being released from her contract with Triad

Temporary Service, Inc., and the board had an opportunity to

hire Flynn without having to pay a referral fee.

Illick noted that John Quinney wants to bow out of reappointment

to the Conservation Commission, and Eric VanVlandren's term with

Regional Planning is not up until July. Illick said Dave Allen

is choosing to not seek reappointment to the Planning

Commission, and Raven Davis is interested in the Conservation

Commission. Board members moved on to individuals who had

expressed interest in reappointments.

Mack moved and the motion was seconded by Hinsdale:

* "TO REAPPOINT DALE KNOWLES ANIMAL CONTROL OFFICER."

Vote: All in favor.

Mack moved and the motion was seconded by Hinsdale:

* "TO REAPPOINT JON DAVIS AS CIVIL DEFENSE

COORDINATOR."

Vote: All in favor.

Hinsdale moved and the motion was seconded by

Illick:

* "TO REAPPOINT LINDA HAMILTON TO THE CONSERVATION

COMMISSION."

Vote: All in favor.

Mack moved and the motion was seconded by

Illick:

* "TO REAPPOINT HARVEY SHARROW, CHARLES RUSSELL AND

ANDY MANSFIELD AS FENCE VIEWERS."

Vote: All in favor.

Mack moved and the motion was seconded by

Hinsdale:

* "TO REAPPOINT ELAINE ITTLEMAN AS HEALTH OFFICER AND

JAMES COX DEPUTY HEALTH OFFICER."

Vote: All in favor.

Mack moved and the motion was seconded by

Hinsdale:

* "TO REAPPOINT JEFF MCDONALD TO THE PLANNING

COMMISSION."

Vote: All in favor.

Board of Selectman -3- March 8, 1999

Hinsdale moved and the motion was seconded by Mack:

* "TO REAPPOINT HUGH LEWIS, JR. AS SECOND CONSTABLE."

Vote: All in favor.

Mack moved and the motion was seconded by

Hinsdale:

* "TO REAPPOINT LAWRENCE HAMILTON AS TREE WARDEN AND

NORMAN PELLETT AS DEPUTY TREE WARDEN."

Vote: All in favor.

Rosenthal moved and the motion was seconded by

Sheldon-Dean:

* "TO REAPPOINT JONATHAN FISCHER AND WADE WEATHERS TO

THE ZONING BOARD OF ADJUSTMENT."

Vote: 2 in favor, 3 opposed (Illick, Mack,

Sheldon-Dean).

Mack noted that the notice of openings on boards had just come

out in the Charlotte News and candidates for appointments have

had little time to respond. Sandy Mayo suggested that the board

should wait for interest before making any more appointments.

Board members discussed the inconsistency of making appointments

to the Planning Commission and not the Zoning Board of

Adjustment.

Mack moved and the motion was seconded by

Illick:

* "TO RECONSIDER THE APPOINTMENT OF JEFF MCDONALD TO

THE PLANNING COMMISSION."

Vote: All in favor.

Illick said all decisions for appointments to the Planning

Commission and the Zoning Board of Adjustment would be scheduled

for the next Selectboard meeting.

Louis Laberge and Harley Allen both spoke in favor of

reappointing Wade Weathers and Jonathan Fischer to the Zoning

Board of Adjustment, saying the board members worked well

together.

Linda Radimer said that she thought the timing would be poor not

to reappoint Fischer and Weathers, while the town plan is being

considered.

Sandy Mayo said she had heard of conflicts between the Planning

Commission and the Selectboard and that in her recollection from

the past, getting reappointed to a board was no big deal.

Illick said she had been weighing feedback from phone calls from

town residents in relation to reappointments and that she

thought the Zoning Board of Adjustment has done a great job.

Sylvia Sprigg said she had attended both Planning Commission and

Selectboard meetings and was impressed with how well they

worked.

Wade Weathers and Jonathan Fischer were both in attendance and

there was a discussion on whether to interview them for

reappointment and whether to do so in Executive Session.

Board of Selectman -4- March 22, 1999

Mack moved and the motion was seconded by Rosenthal:

* "TO GO INTO EXECUTIVE SESSION."

Vote: 2 in favor, 3 opposed (Illick, Hinsdale,

Sheldon-Dean).

Weathers and Fischer sat in front of the Selectboard for their

interviews for reappointment. Hinsdale asked Weathers how he

viewed upcoming relationships between boards in terms of

enforcement of zoning laws. Weather responded that most of the

recent controversy has been in appeals in terms of how zoning

laws were interpreted in the past, he had a lot of confidence in

the new Zoning Administrator and that the decision-making

ability by the Zoning Administrator had been curtailed by the

board. Fischer added that the Zoning Board of Adjustment hasn't

changed much, but many of the new cases had been much more

difficult and in some cases the board knew that certain issues

would be appealed, but it was unavoidable.

Illick asked about their opinion of development review boards

and Weathers said they had talked about it and that it came down

to weighing the ability of checks and balances between boards

vs. efficiency. Illick thanked Fischer and Weathers for their

time and patience.

Stephen Brooks said his experience with this Zoning Board was

"frightening" and "out of control." Brooks offered that he

thought the board should rewrite the zoning regulations if they

don't like them or go to the state to get state statutes

rewritten instead of "making up the rules as they go along."

Mary Beth Freeman spoke in favor of the Zoning Board of

Adjustment and offered that she thought they do a good job.

Y2K UPDATE - REPORT FROM MARY

Mary Mead said she would like to form a committee to address Y2K

issues and suggested representation by town employees, residents

and a Selectboard member. Lewis Cox said he was interested in

being on the committee.

Rosenthal moved and the motion was seconded by Mack:

* "TO HAVE THE CHAIRMAN APPOINT A Y2K COMMITTEE."

Vote: All in favor.

Nancy Sabin offered that she thought it would be cost-effective

to hire a consultant. Alison Lockwood applauded the initiative

taken by Mead.

TELECOMMUNICATIONS TOWER AND FACILITIES, PUBLIC HEARING PROPOSED

INTERIM ZONING BYLAWS

Chairman Illick reviewed correspondence from Lewis Cox and Al

Moraska concerning an addition to the Charlotte Zoning Bylaws in

reference to regulation of towers and telecommunications

facilities. Illick said the Selectboard had asked Lewis Cox to

submit the bylaws changes to town attorney, Steve Stitzel's

office for his review. Illick added that most of the changes

Board of Selectman -5- March 22, 1999

were not substantial and many were just restating the same idea

or reorganizing bylaws under different headings. Selectboard

members reviewed the document with attendees.

Sheldon-Dean moved and the motion was seconded by

Mack:

* "TO CLOSE THE PUBLIC HEARING."

Vote: All in favor.

Hinsdale moved and the motion was seconded by

Sheldon-Dean:

* "TO APPROVE THE PROPOSED INTERIM ZONING BYLAWS FOR

THE REGULATION OF TOWERS AND TELECOMMUNICATIONS

FACILITIES INCLUDING STEVE STITZEL'S

RECOMMENDATIONS."

Vote: All in favor.

Hinsdale commented that the hard work on this document shows

great cooperation by town boards.

Rosenthal requested a 6 minute recess, beginning at 8:36 p.m.

and board members agreed.

REPORT FROM WENDY

Wendy Schroeder reviewed a letter from Carl Braun concerning a

drainage problem at Thompson's Point. Sheldon-Dean agreed to go

look at the culvert and surrounding area with Hugh Lewis, Jr.

Schroeder also noted a lease holder at Thompson's Point that is

2 years in arrears on that lease and asked if the lease should

be terminated. Mack suggested writing the leaseholder a letter

first and Schroeder agreed to do so at Illick's request.

Schroeder said that she couldn't find the last bridge inspection

for the Rule-Sequin bridge and Mack suggested she call Warren

Tripp, who inspects bridges for the Agency of Transportation.

Schroeder said she wasn't sure what work needed to be done and

Illick said she would put review of contractor bids on the

agenda for April 12th.

Illick asked the board members to review pages 82-84 of the Town

Plan, make comments and submit them to her as Kit Perkins would

soon be leaving. Hinsdale suggested board members make changes

and fax the document around to each other.

Illick asked Schroeder how the Capital Budget was coming and

Schroeder replied that budgets for the Recreation Committee, the

Selectboard and Highways still need to be done, but the rest was

finished.

Illick said that Jessie Bradley had called her on a grant for

docks at the town beach. Illick asked Schroeder to get

clarification on the grant from Jessie Bradley in writing.

Illick asked Sheldon-Dean to work with Schroeder on

"Transportation for Livable Communities" and Sheldon-Dean

agreed.

Board of Selectman -6- March 22, 1999

There was a discussion on a sewage tank on town property that is

taking in ground water and consequently needs to be pumped more

frequently. Illick asked Mack to look into what would be

involved in raising the tank.

There was a discussion on the Dog Ordinance and Schroeder noted

that many fines remain outstanding.

DISCUSSION AND ACTION. PLANNING FOR 1999 AND 2000

Board members discussed an upcoming Selectboard retreat and

where and when would held. It was decided to hold it April 7th

from 9:00 a.m. to 3:00 p.m. and be open to the public from 1:00

to 2:00 p.m. Rosenthal said he would look into setting the

meeting at Painter House in Middlebury, as it is free to the

public for meeting.

OTHER BUSINESS, BILL SIGNING

Hinsdale moved and the motion was seconded by

Sheldon-Dean:

* "TO RECESS AS THE SELECTBOARD AND RECONVENE AS THE

LIQUOR CONTROL BOARD."

Sheldon-Dean brought to the board's attention the board had

neglected to act on hiring a minute taker and the motion and

second were withdrawn.

Mack moved and the motion was seconded by Hinsdale:

* "TO HIRE DEBBY FLYNN AS THE SELECTBOARD MINUTETAKER

AT A RATE OF $10.00 PER HOUR."

Vote: All in favor.

Hinsdale moved and the motion was seconded by

Sheldon-Dean:

* "TO RECESS AS THE SELECTBOARD AND RECONVENE AS THE

LIQUOR CONTROL BOARD."

Liquor licences were signed by Selectboard members for Marble's

Store and the Old Brick Store.

Hinsdale moved and the motion was seconded by

Illick:

* "TO ADJOURN THE MEETING."

Vote: All in favor.

The meeting was adjourned at 9:45 P.M.

Minutes submitted by:

Debby Flynn