Board of Selectmen April 19, 2000

TOWN OF CHARLOTTE

BOARD OF SELECTMEN

MINUTES

APRIL 19, 2000

MEMBERS PRESENT: Chairman Robert Mack, Jr.

John Rosenthal

Clark Hinsdale, III

Charles Russell

OTHERS: Moe Harvey

Amy Kiernan

Lydia Clemmons

Jack Clemmons

Mary Beth Freeman

Edward Melby

David Woolf

Albert Moraska

Didier Morat

Louis L. LaBerge

Jonathan Fisher

Holly Fornier

Wallace Smith

Laura Cahners-Ford

Nancy Sabin

Sylvia Sprigg

Harley Allen

Josie Leavitt

David Brown

Beverly Mayo

Joel Woolum

Martha Perkins

Wendy Schroeder

________________________________________________________________

Chairman Mack called the meeting of the Board of Selectmen to

order at 4:15 p.m. in the Charlotte Town Offices.

BURNS PROPERTY

Mary Beth Freeman asked to have the information presented in the

three proposals before the board spelled out and Rosenthal and

Russell read from the proposals. Mary Beth Freeman asked about

the grand list value if the lots being considered and Mack

responded he did not know yet, but would know before the deal

was closed.

Amy Kiernan asked about the $100,000.00 for boundary adjustments

in the VLT and PT proposal and Mack said he too thought that

estimate was too high.

Jack Clemmons suggested the town look at the human

considerations of the development in the village, such as how

many new children would be attending schools, etc.

Board of Selectmen -2- April 19, 2000

Mack said the proposals are close to being finalized and he was

hoping for a closing or a partial closing soon and the major

difference between plans surrounded the issue of who would end

up owning the east side of Greenbush Road and how much they

would pay for it.

Joel Woolum said the east side in his group's plan was for the

land to be available for community use and owned by a trust and

his group's plan was the most specific on lot use. Mack asked

Joel Woolum where the $400,000.00 surplus in his proposal came

from and Woolum responded that was an estimate and the figure

could be less.

There was a discussion of the Charlotte Community Trust's

disposition of lots 4 and 5 in their proposal and Amy Kiernan

read where lots 4 and 5 would be made available to the town.

Martha Perkins asked board members if they thought the town

should own the land on the east side of Greenbush Road and Mack

said it was his personal belief the town should purchase the

land fee simple.

Rosenthal stated that 3 separate organizations had failed to

pull the Burns deal off and he felt the Vermont Land and

Preservation Trusts could do the job for the town and do it

right.

Russell asked about the cost to the town, noting the CCT was

willing to come up with the $1,000,000.00 themselves. Rosenthal

responded the CCT doesn't have a track record.

Lydia Clemmons asked if the board was satisfied with the VLT &

PT plan and Mack responded yes.

Russell said the Selectboard has decided the Burns property is

critical to the town, but there was no real planning beyond

that. Russell suggested the CCT plan costs the town nothing and

the town should give them a chance.

Mack said the town needs to solve problems in the deal and get a

closing or partial closing by August 1, 2000.

Jack Clemmons stated he didn't think this meeting was well

announced. Mack responded this meeting was for the Selectboard

to review with town residents the information they had just

received Monday night and he wasn't prepared to make a decision

today.

Sylvia Sprigg asked why outside parties were brought in (VLT &

PT), when the town had a good deal from the CCT and Mack

responded that Bob Eastman (the attorney for the Burns) would

not sell to the CCT as they were $100,000.00 short of the

closing price and didn't have a 501C. Rosenthal added the deal

was complicated.

Board of Selectmen -3- April 19, 2000

PERSONNEL - LOUIS COX

Mack stated the Selectboard had invited the Planning Commission

to a joint meeting to discuss personnel issues and whether to

appoint Louis Cox as Zoning Administrator.

Planning Commission Chairman Al Moraska reviewed points in Cox's

personnel review and stated the Selectboard did not come to the

Planning Commission with their concerns.

Mack stated the former Selectboard Chairman, Marty Illick, had

gone to the Planning Commission with her concerns, particularly

when Cox quit part of his job (as Deputy Health Officer).

Moraska said he has suggested setting up a committee to discuss

problems and was refused and stated that Cox knows the town's

by-laws better than anyone else.

Hinsdale said Cox ponders basic decisions for a long time and

makes a research project of an elementary decision, contacting

the VLCT and the town attorney, etc. Hinsdale stated the

Selectboard has had a number of calls and letters of complaint,

many of which touched on the issue that it is hard to get a

straight, simple answer out of Cox.

Josie Leavitt said if the Selectboard had complaints they should

have called Planning Commission members.

Hinsdale said Illick had spent hours and hours with Cox and was

the lead person in dealing with personnel issues.

Hinsdale said his biggest area of concern with Cox was his

relationship to the Selectboard when a case as appealed i.e.,

"the matter had left his shop." Cox has filed appeals in

Superior Court and circulated petitions on his own, other than

the directives of the Selectboard, and then billed the time to

the town. Hinsdale said it is the job of the Selectboard to

deal with appeals and prioritize our legal budget and added that

Cox should instead be staying on top of permit requests.

Jim Donovan asked if appeals should really be handled by the

Selectboard and Rosenthal read from Section 7.5 which outlines

appeals. Rosenthal also said Illick had shared her concerns

with the Planning Commission.

David Woolf said the Selectboard "should have come to us" and

Mack responded that Illick, most especially, had done so.

Dave Brown asked who Illick had talked with and Leavitt said the

Planning Commission had one meeting and Moraska had one

conversation and Moraska added he had spoken a few times on the

phone with Illick. Hinsdale said Illick had spoken with Al

Moraska and Ed Melby several times.

Moraska said one of the issues was Cox was performing two jobs

(Zoning Administrator and Deputy Health Officer) and Mack

responded the issue had been dealt with and Cox made a

presentation on the issue at a Selectboard meeting.

Board of Selectmen -4- April 19, 2000

Moraska said 2 boards had prepared a letter to the Selectboard

on Cox's performance and asked how much weight that carried and

Mack responded "a lot," and Hinsdale added "we will consider it

highly."

Harley Allen said Cox did a good job on regulations and he's

overzealous on enforcement.

Jack Clemmons said Cox exceeded the enforcement the Selectboard

wanted. Clemmons stated Cox postponed what he wanted to do for

a year and Clemmons talked with Cox about it and Clemmons didn't

complain because he felt Cox had been hampered by a predecessor

who didn't do a good job.

Wally Smith said from the Zoning Board of Adjustment perspective

and comments on Cox's behavior, "I see your perspective as a red

herring." His actions were inappropriate and you were also to

blame. Smith said Cox stands on principle. Rosenthal responded

he thought Smith was completely wrong; we tried to handle the

issue and we handled it correctly.

David Woolf said Cox was hired by another body and there should

be a review, probation, subsequent reviews and monitoring. Mack

asked "You're suggesting another probationary period?," and

Woolf responded yes. Russell noted the personnel policy allows

for a 90 day probationary period. Jeff McDonald said he

seconded that action.

Moraska said the town by-laws are outdated and contradictory and

Cox has done a lot of work with the by-laws and helps the

Planning Commission greatly.

Russell moved and the motion was seconded by

Hinsdale:

* "TO GO INTO EXECUTIVE SESSION TO DISCUSS THE

APPOINTMENT OF LOUIS COX FOR A 3 YEAR TERM AS ZONING

ADMINISTRATOR."

Vote: All in favor.

Executive Session went from 6:10 to 6:15 p.m.

Hinsdale moved and the motion was seconded by

Russell:

* "TO COME OUT OF EXECUTIVE SESSION."

Vote: All in favor.

Hinsdale moved and the motion was seconded by

Russell:

* "TO APPOINT LOUIS COX AS ZONING ADMINISTRATOR/DEPUTY

HEALTH OFFICER BEYOND THE PROBATIONARY PERIOD, FOR A

THREE YEAR TERM."

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

Moe Harvey suggested the Selectboard and Planning Commission

meet every few months and discuss issues, as had been done in

the past.

Board of Selectmen -5- April 19, 2000

Hinsdale moved and the motion was seconded by

Rosenthal:

* "TO AUTHORIZE THE CHAIRMAN TO WRITE A LETTER TO

LOUIS COX INFORMING HIM OF OUR DECISION."

Vote: All in favor.

Rosenthal moved and the motion was seconded by

Hinsdale:

* "TO ADJOURN."

Vote: All in favor.

The meeting was adjourned at 6:20 p.m.

Minutes submitted by:

Debby Flynn