Board of Selectmen March 27, 2000

TOWN OF CHARLOTTE

BOARD OF SELECTMEN

MINUTES

MARCH 27, 2000

MEMBERS PRESENT: Chairman Robert Mack, Jr.

John Rosenthal

James Sheldon-Dean

Charles Russell

OTHERS: Dale Knowles

Hugh Lewis, Sr.

Nancy Sabin

L. White

Richard LeBoeuf

Stephen C. Brooks

Moe Harvey

John Hammer

Hugh Lewis, Jr.

Sylvia Sprigg

Jim Dickerson

Louis Cox

Peter J. Coleman

Tricia Coleman

David Miskell

Didier Morat

Mary Beth Freeman

Bob Heilferty

Marty Illick

Maryanne Gatos

David Roberts

Linda Radimer

Jessie Bradley

Roger Dickinson

Gus Gecewicz

Sandy Mayo

Wendy Schroeder

________________________________________________________________

Chairman Mack called the meeting of the Board of Selectmen to

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

APPROVE MINUTES - ADJUSTMENTS TO AGENDA

Chairman Mack asked board members if they wished to approve the

minutes of March 6, 2000. Russell asked about the LeBoeuf lease

referenced in pages 4 and 5 and it was determined that the

minutes referred to attorney Michael Russell, when it should

have been "Michael Clapp," and Russell asked on the last page

the reference to "me" be changed to attorney Steve Stitzel.

Russell moved and the motion was seconded by

Sheldon-Dean:

* "TO APPROVE THE MINUTES OF MARCH 6, 2000 AS

AMENDED."

Vote: All in favor.

Board of Selectmen -2- March 27, 2000

Chairman Mack asked board members if they wished to approve the

minutes of March 13, 2000. Rosenthal asked that the motion on

the first page be changed to ELECT rather than NOMINATE, Robert

Mack, Jr. as Chairman.

Rosenthal moved and the motion was seconded by

Sheldon-Dean:

* "TO APPROVE THE MINUTES OF MARCH 13, 2000 AS

AMENDED."

Vote: All in favor.

Mack suggested the board approve the Town Meeting minutes after

they had time to read through them.

Russell requested an Executive Session at 9:15 p.m. be added to

the agenda.

SIGN BILLS, BUDGET REVIEW

Board members reviewed and signed bills. Mack stated that board

members would review town budgets at every meeting. Russell

asked when and how regular payments of bills and payroll would

be handled. Mack responded that he would be willing to come in

weekly to sign payroll and the Road Commissioner's bills.

Sheldon-Dean moved and the motion was seconded by

Rosenthal:

* "TO AUTHORIZE CHAIRMAN MACK TO SIGN THE ROAD

COMMISSIONER'S BILLS AND PAYROLL ON OFF WEEKS (WHEN

THE SELECTBOARD DOES NOT MEET)."

Vote: All in favor.

HUGH LEWIS, JR. - ROAD COMMISSIONER

Mack noted there was approximately 30 percent of the road budget

left to date for the fiscal year. Mack asked if the bills the

board was signing from the Road Commissioner reflect the new

rate for trucks and Lewis responded not until April 1, 2000 and

the only for truck services.

Lewis said he had a list of 20 road signs in town which were

vandalized with paint and a list of vandalism to the Ruell and

Holmes bridges, restrooms at the beach along with 2 "Welcome to

Charlotte" signs. Mack suggested Lewis work with Wendy

Schroeder and Jessie Bradley to see if the town should file an

insurance claim.

Nancy Sabin suggested having those who are arrested for

vandalism repair the damage and Lewis suggested offering a

reward to find out who was responsible for the damage.

Rosenthal moved and the motion was seconded by

Sheldon-Dean:

* "WE OFFER A REWARD UP TO $500.00 FOR INFORMATION

LEADING TO THE ARREST AND CONVICTION OF THOSE

RESPONSIBLE FOR THE RECENT VANDALISM."

Vote: All in favor.

Board of Selectmen -3- March 27, 2000

Stephen Brooks suggested putting grease on the back of road

signs to prevent further damage and Jim Dickerson offered to

provide spray paint remover to help restore the road signs.

BURNS PROPERTY

Mack said he had recently spoken with Gil Livingston of the

Vermont Land Trust who expected there would be a proposal for

the Burns land purchase in the town offices by April 5, 2000.

Russell said any conflict of interest in voting on the Burns

property issues are no longer a concern as his brother is no

longer the attorney for the Charlotte Community Trust; a buyer

in the Burns deal. Russell also stated his brother's

involvement with the case was prior to his being elected.

Mack said he is an abutting landowner to the Burns property and

would have no problem with not voting on issues with the Burns

property. Mack stated he has known Earl Burns all his life and

would not financially gain from the Burns deal as the Vermont

Land Trust has conservation easements on his farm.

Sheldon-Dean said the guidelines the town attorney outlined for

the board didn't in his opinion make Mack have to recuse himself

from dealing with the Burns issue.

Wendy Schroeder said Mack has always worked for open land for

the town and has never in her experience made any comment on any

self-interests.

Sylvia Sprigg discussed what is fact vs. perception of a

conflict of interest by town residents.

Sandy Mayo said the Secretary of State has put out a memo

describing what constitutes conflict of interest and suggested

the town should have an ethics board and suggested putting the

issue on the next agenda. Mack responded that the next meeting

wouldn't work, but was willing to take the issue under

advisement.

There was a discussion of a recent meeting with Mack, Gil

Livingston and Paul Bruhn of the Vermont Preservation Trust.

Russell said he thought the meeting should have been with the

full board and Mack responded he had received a request for his

presence at the less than 24 hours before the meeting was to

take place. Mack and Russell discussed the option payment which

would be due April 1, 2000. Mack said the town has an option on

the property until August, 2000 and overall, securing the Burns

property for the town is a wise move. Moe Harvey added the

negotiations on the property started 3 years ago and the goal is

to get the best deal for the town.

Russell said he thought the board should act as a whole instead

of having one representative (Hinsdale). Stephen Brooks said

Hinsdale has affection for the town as well as being a shrewd

negotiator and is best qualified to make the deal.

Board of Selectmen -4- March 27, 2000

Mary Anne Gatos suggested having Russell assist Hinsdale and

board members agreed.

Sheldon-Dean moved and the motion was seconded by

Russell:

* "TO APPROVE THE APRIL PAYMENT ON THE BURNS OPTION."

Vote: 3 in favor, 1 opposed (Russell).

FIRE DEPARTMENT/SENIOR CENTER - PETER COLEMAN, MARYANNE GATOS,

KURT FISCHER

Maryanne Gatos said the town needs to apply for the Walter Irish

bequest by July 1, 2000, and her committee needs the Selectboard

to appoint the first board for the Senior Center outlined in

Irish's bequest.

Rosenthal asked why the Selectboard should be involved in

appointing a private board and Gatos responded the town is

applying for the bequest and Mack added the town will be

providing operating costs. Gatos noted Frank Thornton had

suggested a Selectboard member be on the Senior Center board.

Gatos reviewed her memo outlining the Selectboard and Senior

Center duties in relation to the operation of the Senior Center.

Mack asked if the committee had spoken with the Fire Department

and Peter Coleman responded committee members met with the Fire

Dept., as they are now interested in siting the Senior Center on

the Gaboury property, abutting the Fire Dept. and sharing some

of the same access roads. Coleman said the Senior Center would

use the current Gaboury driveway and future entrances and exits

to both properties were discussed. Coleman said there is a

dwelling unit on the Gaboury property that the Fire Dept. was

interested in using while the new firehouse is being built.

Gatos and Mack discussed working with the Fire Dept., the Senior

Center committee and the Planning Commission on getting site

plan approval. Richard LeBoeuf asked how large the Gaboury

property was and Coleman responded slightly less than an acre

and he thought 15 cars could be parked in the planned lot.

LeBoeuf stated he did not want cars parked on his property and

Rosenthal said the Planning Commission would review the

application and Gatos added that adequate parking would be a

consideration and her committee was waiting on reports from

their engineer.

Mack asked if other sites were being considered for the Senior

Center and Gatos responded no, and outlined why previous sites

were no longer being considered.

Gatos said she needed the Selectboard to appoint the first board

for the Walter Irish Senior Community Center and advised that

the names on the list she provided to the selectboard were

people who had volunteered, but had yet to be contacted.

Russell moved and the motion was seconded by

Sheldon-Dean:

* "WE NOMINATE THOSE ON THE LIST TO BE CONTACTED TO

SERVE ON THE WALTER IRISH SENIOR COMMUNITY CENTER."

Vote: All in favor.

Board of Selectmen -5- March 27, 2000

DALE KNOWLES - ANIMAL CONTROL OFFICER

Dale Knowles said he would like to be reappointed as Animal

Control Officer and Mack responded the board hasn't started on

new appointments yet, but he would note Knowles's request.

MPO - SPEAR STREET AND LIME KILN ROAD INTERSECTION

Sheldon-Dean introduced Dave Roberts from Chittenden County MPO

and Roger Dickinson from Lamoureax & Dickinson Engineering to

discuss a problem intersection at Spear Street and Lime Kiln

Road, noting there was a recent accident at the site involving a

school bus. Dickinson stated the problems surrounded with road

grades to the intersection causing a lack of site distance.

Roberts showed photos and maps of the intersection and outlined

3 possible options to improve the situation: make the

intersection a 3-way stop; have the two roads intersect at a

different site and cut back trees and cut into the banks of the

roads to widen the shoulders. Sheldon-Dean reviewed the costs

of the 3 options. Gus Gecewicz, an abutting landowner,

discussed where the road could be moved and tree cutting, which

he was in favor of. Road Commissioner, Hugh Lewis Jr., said

cutting trees at the site and widening the shoulder would be

very helpful in solving the problem.

Nancy Sabin asked who was paying for this study and Sheldon-Dean

replied the town's dues in the MPO pay for the survey. Marty

Illick asked if there would be a public hearing on the matter

and Sheldon-Dean answered yes, after the report comes out from

the MPO.

DISCUSSION - BEACH & GRASS CUTTING IN EXCHANGE FOR ADVERTISING

Jessie Bradley, Chairman of the Recreation Committee, said she

had been approached about allowing advertising at Lake Field in

exchange for grass cutting of the ball field. Rosenthal said he

didn't like the idea because what happens if the mowing is a

poor job? Mack said he was not in favor of the proposal as he

didn't think it could be done fairly to others who might want to

advertise. Sheldon-Dean said he wasn't ready to rule the idea

out, but didn't think the town was ready for that. Board

members agreed they did not support the request.

HERITAGE CORRIDOR PROJECT - MARTY ILLICK

Chairman Mack gave outgoing Chairman Marty Illick a present,

thanking her for her service on the board.

Illick said she was asking for support on the Heritage Project,

a project started by U.S. Senator James Jeffords for cultural

heritage of the Lake Champlain basin. Illick said she was

asking the board to send a letter in response in support of the

principle and noting she was willing to draft the letter.

Board of Selectmen -6- March 27, 2000

Illick noted the project would generate interest in the

geographical area for vacations, etc. and might generate federal

money for geographical projects. Mack said he was unsure of the

benefit and Sheldon-Dean said he thought the idea was reasonable

to pursue. Illick agreed to draft a letter and mail it.

OTHER BUSINESS

Rosenthal discussed the speed limit in the village and Mack

suggested Rosenthal bring the last traffic study to the next

meeting the board would discuss it.

Mack asked Russell to meet with Picture Perfect Landscaping on

the Charlotte Park mowing and landscaping and on other town

sites, including spring preparation for the Little League

fields. Sylvia Sprigg requested careful grass cutting around

the Thorpe barn.

Russell said he had met with Town Clerk, Mary Mead, on retaining

tapes of public meetings after the town is legally required to

store them and Mead had agreed to give Russell the tapes to

store in a box in the Selectboard office after the 6 months

requirement has passed.

Russell asked about whether e-mail between board members

constitutes a meeting and Sheldon-Dean said not if the memos

were sent individually and Mack suggested Russell follow-up his

question with the VLCT.

Board members discussed what to do with a letter from attorney

Liam Murphy they had just received in the Fournier case and a

memo in response to the letter from Zoning Administrator Louis

Cox, in which a decision was due the next day. Mack noted that

Stitzel's office was prepared to respond with a letter tomorrow.

There was a discussion by board members and Cox as to whether

conditions in Fournier's permit had been met, whether anything

had changed since Fournier's last application and the history of

the case.

Sheldon-Dean moved and the motion was seconded by

Russell:

* "TO EMPOWER THE CHAIRMAN OF THE BOARD OF SELECTMEN

TO SIGN FOR THE BOARD BASED ON THE LETTER FROM

ATTORNEY MURPHY WITH CHANGES TO THE DOCUMENT BY

ATTORNEY STITZEL."

Vote: 3 in favor, 1 opposed (Russell).

Russell moved:

* "THAT THE BOARD ACKNOWLEDGES LOUIS COX ADMINISTERED

THIS CASE APPROPRIATELY AS THE PREVIOUS ZONING

ADMINISTRATOR MISLED FOURNIER."

Vote: 1 in favor (Russell), 3 opposed.

Board of Selectmen -7- March 27, 2000

Russell moved and the motion was seconded by

Sheldon-Dean:

* "TO GO INTO EXECUTIVE SESSION TO DISCUSS THE

PERSONNEL EVALUATIONS OF DEAN BLOCH AND LOUIS COX."

Vote: All in favor.

Sheldon-Dean moved and the motion was seconded by

Rosenthal:

* "TO COME OUT OF EXECUTIVE SESSION."

Vote: All in favor.

Executive Session ran from 10:31 to 11:25 p.m.

Chairman Mack said no decisions were made in Executive Session.

Board members agreed to formally authorize Russell to work with

Hinsdale on the Burns option to purchase. Russell stated he was

willing to reconsider his vote on the April payment of the

option.

Rosenthal moved and the motion was seconded by

Sheldon-Dean:

* "TO RECONSIDER THE MOTION ON THE BURNS OPTION FOR

APRIL 1, 2000."

Vote: All in favor.

Sheldon-Dean moved and the motion was seconded by

Russell:

* "TO ADJOURN."

Vote: All in favor.

The meeting was adjourned at 11:30 p.m.

Minutes submitted by:

Debby Flynn