Board of Selectmen April 8, 2002

TOWN OF CHARLOTTE

BOARD OF SELECTMEN

MINUTES

APRIL 8, 2002

MEMBERS PRESENT: Chairman Charles Russell

Debbie Ramsdell

Ellie Russell

Jennifer Steele Cole

OTHERS: Jim Donovan

Jeff McDonald

Gordon Troy

Moe Harvey

Al Moraska

Robin Reid

Sylvia Sprigg

Stephen C. Brooks

John Rosenthal

Kate Lampton

Nancy Sabin

Pete Curler

Carrie Spear

Frank Tenney

________________________________________________________________

Chairman Russell called the meeting to order at 6:09 p.m. in the

Charlotte Town Offices.

JOINT MEETING - PLANNING COMMISSION - DISCUSSION OF PUBLIC

PLANNING PROCESS FOR THE EAST SIDE OF FORMER BURNS PROPERTY

Chairman Russell noted the first item on the agenda was a joint

meeting with the Planning Commission to discuss the public

planning process for the former Burns property. Jim Donovan, a

member of the Planning Commission said he thought the Commission

was "80% there" on the required planning in Item #4 of the Burns

AGREEMENT. Donovan noted much of the work was incorporated in

the village master planning process, which started in the summer

of 2000. Donovan reviewed that 3 consultants were hired for

different phases of the planning process and reviewed public

work sessions and idea generation to date. Donovan noted the

Village Plan includes the former Burns property and greenway

conservation. Donovan reviewed a map of the village plan with

board members. There was a discussion of the definition of

affordable housing and Gordon Troy noted he had used the state

definition in the Town Plan. Donovan suggested putting together

a task force of different town parties to complete the Village

Master Plan. Al Moraska noted the Town Plan gives the

responsibility to the Selectboard to assign duties in planning

and no deadline is listed in the Plan. Ellie Russell suggested

having 1 representative each from the Planning Commission,

Selectboard, Senior Center, Recreation Committee, Conservation

Commission, Regional Planning Commission, School Board and a

village Resident- At-Large.

Board of Selectmen -2- April 8, 2002

Ramsdell asked about zoning by-laws in the village and Troy

answered the zoning in the village won't change until the

Village Master Plan is finished. Planning Commission Chairman,

Jeff McDonald said the Commission's goal is to finish the first

draft of the Village Master Plan and start distributing drafts

to the public for their input. Their was a discussion of

possible funding sources to do a feasibility studies for the

Village Plan and the timetable for getting the Plan approved by

the voters. Troy suggested consulting the town attorney how

best to go forward. Chairman Russell asked Donovan to have

something ready to present at the next meeting on April 22, 2002

and there was a discussion of whether to invite representatives

of the Vermont Land Trust and the Preservation Trust to attend

that meeting. There was a discussion of town waste waster and

ground water studies on the former Burns property. Chairman

Russell noted that capacity for the well on the former Burns

property would be included in the inventory of town lands soon.

APPROVE MINUTES OF MARCH 25, 2002 MEETING

E. Russell wished to correct typographical and grammatical

errors in the minutes of March 25 and noted she would review the

minutes with Heather Manning for her to make corrections.

Ramsdell corrected the spellings of "Paul Bruhn" and Steve Libby

and E. Russell noted the heading was incorrect on page 8 and

Cole noted the discussion of the Road Commissioner liaison

should be under the Transportation heading. Cole noted in the

discussion of the Holcomb property the family is not sure what

they will do with the property, but were comfortable with the

town discussing the matter and noted the correction of the

spelling of "Bettencourt."

Ramsdell moved and the motion was seconded by

Cole:

* "TO APPROVE THE MINUTES OF MARCH 25, 2002."

Vote: All in favor.

PUBLIC DISCUSSION

Nancy Sabin asked if town funds were used as part of a program

whether that made the town libelous; citing the $10,000.00

approved at Town Meeting for the ball fields by the Charlotte

Berry Farm and safety issues with the entrance to the fields.

Chairman Russell said Bill Michaud has talked with the owner of

the property and he would discuss the matter with the town

attorney, but there is time to do so as the money approved for

the fields can't be spent yet.

SELECTBOARD MEETING SCHEDULE

Chairman Russell asked if any of the board members had any known

conflicts with the regularly scheduled meetings (second and

fourth Monday of every month). Board members cited no

conflicts.

Board of Selectmen -3- March 11, 2002

SELECTBOARD NEWSPAPER ARTICLES

Cole said she had a list of subjects for proposed newspaper

articles to be supplied to the Charlotte News by board members.

Chairman Russell suggested an article on town owned lands. Cole

noted Janice Heilmann was interested in an article on town

committees; who is on them and what they do and how they

interact with other committees. Chairman Russell suggested an

article on open meeting laws and E. Russell agreed to prepare it

for the next issue.

LETTERS

Chairman Russell noted a letter to the board from Art Whitman,

who owns a seed store in Bennington, about what the town will do

about genetically engineered seeds as there was an advisory

motion on the issue voted on at Town Meeting. Chairman Russell

said he would email Whitman and tell him the Selectboard was

omitted from the motion in an amendment modifying the Article,

and therefore won't take action.

Chairman Russell reviewed for board members a brochure that was

received by the town on an upcoming seminar on E-Government.

Chairman Russell noted a request by residents of 1/4 mile Road

about $3,000.00 held in escrow in an AGREEMENT with the town in

1994, in case a septic system failed. Chairman Russell said he

would have the town attorney and the Planning & Zoning office

review the request.

Cole noted the town had received a notice of violation from the

state to the Thompson's Point Association for not testing for

nitrates at Thompson's Point on schedule. Cole said the issue

is being resolved and previous nitrate tests at the site had

always come back as well below the normal range and a copy of

the notice had gone to the town's Health Officer.

Chairman Russell noted a letter from Al Finkbeiner, a Monkton

resident, on using public water sources when private wells go

dry. E. Russell suggested finding exactly out what Finkbeiner

had in mind and Ramsdell said she would call him.

E. Russell suggested having a regularly scheduled agenda item

for and Selectboard member to discuss their progress on

projects.

APPOINT KURT FISCHER AS FIRE WARDEN

Chairman Russell noted a recent recommendation by the Fire

Department to appoint Kurt Fischer as Fire Warden.

Cole moved and the motion was seconded by

E. Russell:

* "TO APPOINT KURT FISCHER AS FIRE WARDEN FOR THE TERM

JULY 1, 2002 TO JUNE 30, 2005."

Vote: All in favor.

Board of Selectmen -4- April 8, 2002

APPROVE ROAD NAME - "ELCY LANE" FOR ROD & DONNA STEARNS

E. Russell moved and the motion was seconded by

Ramsdell:

* "TO ADD TO EXHIBIT A OF THE AMENDMENT TO THE

ORDINANCE AND ADDRESSING "ELCY LANE" FOR ROD AND

DONNA STEARNS SUBDIVISION."

Vote: All in favor.

HIRING OF ASSISTANT

E. Russell said she had prepared a draft job description for the

Administrative Assistant to the Selectboard after reviewing past

job duties with the former board Assistant, Wendy Schroeder. E.

Russell reviewed the job qualifications, job summary and

specific duties and responsibilities. Chairman Russell

suggested deleting the responsibility for attending all

Selectboard meetings and E. Russell agreed to do so. Ramsdell

and E. Russell agreed to meet and produce an advertisement for

the upcoming issue of the Charlotte News. An ad in the

Burlington Free Press was also discussed.

Nancy Sabin suggested that a non-elected town employee should

not have access to personnel files and that the Assistant could

prepare paperwork for board members prior to each meeting.

Chairman Russell asked when a salary would be decided on for the

position and E. Russell said as soon as possible. Chairman

Russell noted the VLCT book in the Selectboard office has salary

ranges for municipal positions across Vermont.

KATE LAMPTON/CHAMPLAIN VALLEY GREENBELT ALLIANCE - DISCUSSION OF

TOWN'S PREFERENCE FOR DISPOSITION OF GALBREATH PROPERTY AT APRIL

15TH CLOSING

Kate Lampton, a member of the Champlain Valley Greenbelt

Alliance said the Alliance had recently received its 501(C)(3)

determination for tax purposes 2 months ago, but was advised

there may still be a problem with the CVGA accepting the

Galbreath property for conservation on behalf of the town and

avoiding land gains tax as they have not had the 501(C)(3)

determination long enough. Lampton was suggesting the Charlotte

Land Trust, who has held a 501(C)(3) determination for the

required amount of time, take possession of the Galbreath

property at the closing on April 15, 2002 and was asking the

Selectboard for a statement of intent to receive the property by

donation from the Charlotte Land Trust.

Chairman Russell said he had discussed the matter with the town

attorney, who thought the land gains tax matter would not be a

problem with the town accepting the property directly, but a

title search would be necessary before the closing. Lampton

responded that a title search has been started by the CVGA and

should be done in time for the closing.

Board of Selectmen -5- April 8, 2002

E Russell moved and the motion was seconded by

Ramsdell:

* "FOR THE TOWN TO ACCEPT THE GALBREATH PROPERTY

DIRECTLY OR THROUGH THE CHARLOTTE LAND TRUST SUBJECT

TO APPROVAL BY THE TOWN ATTORNEY, DEPENDING ON THE

MOST FAVORABLE OUTCOME OF THE LAND GAINS TAX BY THE

CHARLOTTE LAND TRUST OR BY THE CHAMPLAIN VALLEY

GREENBELT ALLIANCE."

Vote: All in favor.

SELECTBOARD DISCUSSION - WORK PLAN

Board members discussed assignments for representation on

various committees and projects for each of the board members.

SIGN WARRANTS AND BILLS

Board members signed warrants and bills.

Having no further business, Chairman Russell

moved:

* "TO ADJOURN."

Vote: All in favor.

The meeting was adjourned at 9:17 p.m.

Minutes submitted by:

Debby Flynn