Board of Selectmen April 22, 2002

TOWN OF CHARLOTTE

BOARD OF SELECTMEN

MINUTES

APRIL 22, 2002

MEMBERS PRESENT: Chairman Charles Russell

Debbie Ramsdell

Paul Arthaud

Ellie Russell

Jennifer Steele Cole

OTHERS: Jim Donovan

Jeff McDonald

Gordon Troy

Jonathan Fisher

Moe Harvey

Al Moraska

Robin Reid

Robert Mack, Jr.

Sylvia Sprigg

Stephen C. Brooks

John Hammer

Alice Lawrence

Nancy P. Sabin

Martha Perkins

Erich Finley

Linda Radimer

Roger Parker

Rayne Herzog

John Mack

Bradley Carleton

Tricia Coleman

Peter Coleman

Frank Tenney

Richard Tenney

Louis Cox

________________________________________________________________

Chairman Russell called the meeting to order at 6:07 p.m. in the

Charlotte Town Offices.

INTERVIEW APPLICANTS

The board began interviews for applicants for town appointments

with Rick Tenney, a candidate for the position as Health

Officer, stating his relative experience was with basic building

trades, Section 8 and SRS issues and in dealing with the state

Labor and Industry Department. Tenney stated he believed that

most of the issues the Health Officer encounters are with safety

and building code violations and that less than 20% of the

Health Officers in the state are physicians.

E. Russell asked why Tenney was interested in the position and

Tenney responded that the last 2 times he has called the Health

Officer he has had a slow response or no response at all and his

feeling that if the Health Officer had more experience in

building trades cases the Health Officer has handled would

Board of Selectmen -2- April 22, 2002

have been settled quicker, more amicably and would not be in

Environmental Court. Tenney added he was more in favor of

helping people and talking issues out with people than

prosecuting them.

E. Russell asked about the possible conflict of interest with

Tenney being the Health Officer and his having cases pending

against the town in Environmental Court. Tenney responded that

the cases pending are out of his hands and he would step down

from any issues attached to him, personally.

Arthaud asked if Tenney would be interested in taking either the

Health Officer or the Deputy Health Officer positions and Tenney

responded yes.

E. Russell noted the state requires in the job qualifications

the applicant having some medical knowledge and asked what

Tenney's response would be to a resident calling about having a

bat in their garage. Tenney answered that he would call the

state Health Commissioner or the Fish & Wildlife Department to

find out what to do.

Ramsdell asked if Tenney had any problems with the Zoning

Administrator and Tenney responded he had experienced no real

problems, but felt the Zoning Administrator was too forceful in

his dealings with people and citing as an example, that the ZA

had showed up at one of his properties with no search warrant

and his tenant did not want the ZA there and Tenney then

directed him to leave.

Louis Cox noted he thought that one of the most important

qualities of a Health Officer is to know what the by-laws are,

what state laws are in place and following through with health

orders.

Arthaud noted that the other applicant, Dr. Fred Mushkat was not

available for an interview at this meeting and questioned then

what his availability would be for meeting immediate needs as a

Health Officer. Chairman Russell said the board would interview

the other candidate and then make its decision.

Robin Reid, a candidate for a position on the Recreation

Commission, said she was asked by current members of the

Commission to be on their board, as she already does projects

with the Commission, so it was a likely step. Reid said she

has experience with volunteering at the beach, school and Little

League.

E. Russell asked Reid what she saw as issues the Recreation

Commission should be dealing with and Reid answered recreation

paths, especially for tourism and open space issues.

Reid also noted that she is sometimes paid as staff at the beach

when someone can't make a shift and wanted to raise the issue

first so that it could be resolved before it was a problem.

Arthaud asked Reid what she thought of having a Parks and

Recreation Department and Reid responded she thought less

infrastructure was better and it was best to keep things casual.

Board of Selectmen -3- April 22, 2002

Frank Tenney discussed with the board his candidacy for a

position on the Zoning Board of Adjustment, saying he had

applied for a spot on the board last year and would give it

another try this year, adding he would like to see what he could

do to keep the town nice for all its residents.

E. Russell asked Tenney what he could bring to the board and

Tenney answered, first an open viewpoint and that he had

experience working with by-laws and state statutes.

Cole noted the 2 other candidates for the 2 slots open on the

(ZBA) board were already serving on that board and asked Tenney

if he would be interested in serving on other boards. Tenney

said possibly, but it would depend on the position and noted he

had been brushing up on skills for a spot on the ZBA.

Stephen Brooks noted the Recreation Commission has more slots

open than candidates. Tenney said he has never been to a

Recreation Commission meeting, but was interested in helping the

town. Cole suggested that if an Affordable Housing Committee is

put together that Tenney's skills would be helpful there, also.

Jonathan Fisher said he hoped to be reappointed to the ZBA and

also hoped the board would reappoint Wade Weathers. Ramsdell

asked how often the ZBA meets and Fisher responded it depends on

how often the board has applications or appeals to be heard.

Arthaud noted a new line item in the budget for work on the

by-laws and Fisher responded the ZBA saw some issues with the

by-laws that needed correcting.

E. Russell asked about communication towers and Fisher answered

the town now has an ordinance as part of its zoning and 2

applications are to be reviewed for towers in the next month.

E. Russell asked about frequency emissions with towers and

Fisher said it would be helpful if the next Health Officer had a

knowledge in that area, and would be less expensive that having

to hire experts in the area. Louis Cox added that

enforceability has been worked into the new communications

ordinance and having a knowledgeable Health Officer is critical

to this issue.

APPOINTMENTS

Arthaud moved and the motion was seconded by

Ramsdell:

* "TO APPOINT JONATHAN FISHER FOR ANOTHER THREE YEAR

TERM ON THE ZONING BOARD OF ADJUSTMENT."

Vote: All in favor.

Arthaud moved and the motion was seconded by

Ramsdell:

* "TO APPOINT WADE WEATHERS FOR ANOTHER THREE YEAR

TERM ON THE ZONING BOARD OF ADJUSTMENT."

Vote: 4 in favor, 1 abstained (Cole).

Board of Selectmen -4- April 22, 2002

E. Russell moved and the motion was seconded by

Arthaud:

* "TO APPOINT ROBIN REID FOR A THREE YEAR

TERM ON THE RECREATION COMMISSION."

Vote: All in favor.

Ramsdell left for the evening at 7:07 p.m. on personal business.

Arthaud moved and the motion was seconded by

E. Russell:

* "TO APPOINT AL MORASKA AND JIM DONOVAN TO THE

PLANNING COMMISSION FOR AN ADDITIONAL FOUR YEAR TERM

EACH."

Vote: All in favor.

Arthaud moved and the motion was seconded by

Cole:

* "TO APPOINT JEFF MCDONALD TO THE MPO FOR A TWO YEAR

TERM."

Vote: All in favor.

E. Russell moved and the motion was seconded by

Cole:

* "TO APPOINT DEBBIE RAMSDELL TO THE MPO TECHNICAL

ADVISORY COMMITTEE AND HUGH LEWIS, JR. AS AN

ALTERNATE FOR A ONE YEAR TERM."

Vote: All in favor.

E. Russell moved and the motion was seconded by

Cole:

* "TO APPOINT MARTY ILLICK TO THE REGIONAL PLANNING

COMMISSION FOR A ONE YEAR TERM."

Arthaud said he thought there was an issue with Marty Illick

having taken the Palmer property industrial zoning off the

Regional Planning maps without consulting anyone about it.

Arthaud said he thought the person in this position should

consult with town boards on issues and report back to them. E.

Russell said Illick will be working with the Planning Commission

on a regular basis and said she thought the matter was no longer

an issue. E. Russell added that Illick has done a lot of work

on the RPO and she currently chairs a big project and therefore

the timing wasn't right to appoint an alternate.

Sylvia Sprigg said Illick had taken initiatives that were not

the town's intent or attitude.

John Hammer said he was on the RPO for 3 years and it's a big

pile of work.

E. Russell and Cole withdrew their motion.

E. Russell moved and the motion was seconded by

Cole:

* "TO APPOINT JOHN HAMMER TO A TWO YEAR TERN AS THE

CHITTENDEN COUNTY SOLID WASTE REPRESENTATIVE."

Vote: All in favor.

Board of Selectmen -5- April 22, 2002

E. Russell moved and the motion was seconded by

Cole:

* "TO APPOINT STEPHEN BROOKS TO A TWO YEAR TERM AS THE

CHITTENDEN COUNTY SOLID WASTE ALTERNATE."

Vote: All in favor.

Arthaud moved and the motion was seconded by

E. Russell:

* "TO APPOINT SYLVIA KNIGHT, DEE PIERCE AND LIBBY

JAMES TO THE CONSERVATION COMMISSION FOR AN FOUR

YEAR TERM EACH."

Vote: All in favor.

E. Russell moved and the motion was seconded by

Arthaud:

* "TO APPOINT CAROL CLAY FOR A THREE YEAR TERM ON THE

RECREATION COMMISSION."

Vote: All in favor.

Arthaud moved and the motion was seconded by

E. Russell:

* "TO APPOINT LARRY HAMILTON AS TREE WARDEN FOR A ONE

YEAR TERM."

Vote: All in favor.

Arthaud moved and the motion was seconded by

E. Russell:

* "TO APPOINT MOE HARVEY AS COMMUTER RAIL

REPRESENTATIVE FOR A ONE YEAR TERM."

Vote: All in favor.

E. Russell moved and the motion was seconded by

Cole:

* "TO APPOINT ANDY MANSFIELD, CHARLES RUSSELL AND

HARVEY SHARROW FOR A ONE TERM EACH AS FENCE

VIEWERS."

Vote: 3 in favor, 1 abstained (C. Russell).

Cole moved and the motion was seconded by

E. Russell:

* "TO APPOINT DALE KNOWLES AS ANIMAL CONTROL OFFICER

FOR A ONE YEAR TERM."

Vote: All in favor.

Arthaud moved and the motion was seconded by

Cole:

* "TO APPOINT J.P. BETTENCOURT AS CIVIL DEFENSE

COORDINATOR FOR A ONE YEAR TERM."

Vote: All in favor.

PUBLIC DISCUSSION

Steve mack asked if town land use (agricultural leases) was out

for bid and Chairman Russell answered not yet.

Board of Selectmen -6- April 22, 2002

RAYNE HERZOG - HALF MARATHON (EAST CHARLOTTE)

Rayne Herzog reviewed with board members a handout on the

Charlotte Covered Bridges Half Marathon he is organizing for May

11, 2002 in East Charlotte. Herzog reviewed a map of the race

course.

Arthaud asked when Herzog would have a Certificate of Insurance

for the race and Herzog answered 1 week before the race and

added he had secured a permit for the event.

Herzog that he had hired a caterer and wanted to make the race a

community event, hoping to build the race participation every

year. E. Russell asked how many runners had signed up and

Herzog said 189 had signed up to date, but he could accommodate

as many as 300.

Cole suggested Herzog post signs about the upcoming race on the

course to alert town residents in advance and Herzog said he

would do so.

APPROVE MINUTES

E. Russell noted on the bottom of the first page of the minutes

of April 8, 2002 she wanted added to the list of suggested board

representation for the Village Plan: a representative of the

Vermont Land Trust, a business person and a Citizen-At-Large.

Chairman Russell noted in the Public Discussion the word "libel"

is used in place of the word "libelous," and in the discussion

of Selectboard Newspaper Articles to note that E. Russell had

already prepared an article on open meeting laws.

E. Russell wished to clarify the end of the motion on the

Galbreath property to replace the "Champlain Valley Greenbelt

Alliance" with "the Town of Charlotte."

E. Russell moved and the motion was seconded by

Cole:

* "TO APPROVE THE MINUTES OF APRIL 8, 2002."

Vote: 3 in favor, 1 abstained (Arthaud, as he was

absent from that meeting).

Chairman Russell noted that the Galbreath property was accepted

by the Vermont Land Trust as they had the tax status to avoid a

land gains tax.

ERICH FINDLEY - BRUSH PILE

Erich Findley, the caretaker for Thompson's Point, said a large

brush pile (that was present before he had started his position)

has grown even larger. Findley reported he had cordoned it off

as the Selectboard had instructed, but now it is a fire hazard

and the Fire Department said it is now too big to burn as

originally planned. Chairman Russell asked what was in the pile

and Findley responded it was mostly landscape rubbish, but there

are 2 sofas, also.

Board of Selectmen -7- April 22, 2002

Arthaud suggested Findley bill the town for the cable to cordon

off the pile, get rid of the garbage and arrange with the Fire

Department to get a pumper truck to stand by to burn the pile,

separating the pile first if necessary.

John Hammer added as the Chittenden Solid Waste Representative

he receives money every year for tipping and he suggested some

of the money could be used to get rid of the brush pile.

Chairman Russell asked Findley to get back to the board with the

costs and Findley said he would.

ROGER PARKER - SPRING WORK/CONTROL BOX ON TOWN GREEN

Roger Parker, who had installed the municipal septic system

discussed with the board what needed to be done to tidy up the

project. Chairman Russell discussed a culvert he wanted Parker

to look at and Russell and Parker agreed to meet April 10, 2002

at 11:00 a.m. to review the site together.

Chairman Russell discussed a control box that was on the town

green that the board wanted moved inside the town hall. Alice

Lawrence added she thought the control station was an eyesore

and should be moved before the Town Party this summer.

Nancy Sabin asked that Parker put some gravel in a hole by the

Old Brick Store where the blacktop is tilted toward the store.

PLANNING COMMISSION - BURNS PLANNING

Chairman of The Planning Commission, Jeff McDonald and PC member

Jim Donovan reviewed with the Selectboard their draft of the

Burns Property Planning Process, outlining their schedule of

work, along with the West Village Master Plan.

Martha Perkins discussed money available from the Vermont Land

Trust and the Preservation Trust to facilitate the former Burns

property planning process.

Linda Radimer asked how zoning would be incorporated in the

plans and Gordon Troy responded in a separate, parallel path

with planning and a consultant will be hired. McDonald added

that no major zoning changes would happen during the planning

process, just corrections of what needs to be implemented;

mostly inconsistencies in already existing town documents.

Robin Reid asked about interim zoning and Troy responded there

will still be a public planning process before the Village Plan

goes to a town vote and adding that many interpretation issues

have arisen from what has happened to the Town Plan over the

last 30 years and state law changes that occurred in that time

frame.

Troy read from the Town Plan, Section 5.3.2., "General

Strategies," citing 6 tasks outlined by the town. Al Moraska

said the Planning Commission will be getting back to the

Selectboard on task #4.

Board of Selectmen -8- April 22, 2002

Chairman Russell suggested having Paul Bruhn and Gil Livingston

attend from the Vermont Land Trust and the Preservation Trust

attend the next Selectboard meeting. E. Russell outlined her

suggestions for the representation of a Village Planning

Committee.

The board took a 5 minute break at 9:17 p.m.

GASB-34

Chairman Russell reported that E. Russell and Arthaud had

attended a meeting on GASB-34; outlining the new standards for

auditing and accounting for municipalities, adding the program

will be phased in for Charlotte by June 30, 2003.

Arthaud noted the town needs to be GASB-34 compliant in order to

take out bonds, etc. and the town will need to identify all

assets. E. Russell said she has contacted the town auditor

about adding GASB-34 into the town's existing accounting system.

CHARLOTTE PARK

Arthaud outlined what the Charlotte Oversite Committee has to do

this year, noting Jonathan Brownell has been hired to do trail

maintenance work. Arthaud noted the town has a 5-year

agricultural lease in place with Robert Mack. Arthaud apprised

board members that Doug Horne and Stephen Rockefeller will be

meeting with the town soon on Park issues and the town was

looking for alternatives to herbicide use in recreation areas.

RECREATION PATH

Arthaud said he and E. Russell reviewed Phase 1 of the

Recreation Path as prepared by Dufresne-Henry and what was

involved with getting an enhancement grant from the state.

ROUTE 7

E. Russell and Arthaud said they had met with engineers from

Dufresne-Henry about a project to widen the shoulders of Route 7

and to build an underpass. Arthaud noted an agreement needs to

be reached with landowners Holly Callery and Clark Hinsdale, III

and then a public meeting would have to take place on the

project. Arthaud said work has been postponed to 2003-2005 as

right-of-ways have not been received for Phase 1 of the

Recreation Path. Arthaud discussed whether Phase 2 and 3 could

be done ahead of Phase 1 and Jeff McDonald said he thought

reversing the order of the Phases made sense..

E. Russell showed maps of the planned Recreation Path and

outlined where the Phases were planned.

Board of Selectmen -9- April 22, 2002

HIRING OF ASSISTANT

Chairman Russell said the board had received 2 responses to the

ads placed in local newspapers for a new Administrative

Assistant. E. Russell said she ran the ad that she and Ramsdell

prepared in 4 newspapers. The board discussed rerunning the ad

in those 4 newspapers and 2 others as well as placing an ad in

the VLCT newsletter.

E. Russell discussed the salary ranges for comparable positions

in other towns reported by the VLCT, which was much lower than

the previous Administrative Assistant was being paid.

Stephen Brooks suggested perhaps the ads should be rewritten to

reflect the caliber of the person the board wanted to fill the

position.

SIGN WARRANTS AND BILLS

Board members signed warrants and bills. Board members

discussed a payment of $4,500.00 relating to the closing on the

Galbreath property that was not expected.

E. Russell moved and the motion was seconded by

Arthaud:

* "TO APPROVE THE CHECK WARRANT DATED APRIL 22, 2002

IN THE AMOUNT OF $3,134.98."

Vote: 3 in favor, 1 abstained (Cole).

E. Russell moved and the motion was seconded by

Arthaud:

* "TO APPROVE THE CHECK WARRANT DATED APRIL 22, 2002

IN THE AMOUNT OF $3,133.54."

Vote: 3 in favor, 1 abstained (Cole).

E. Russell moved and the motion was seconded by

Arthaud:

* "TO APPROVE THE CHECK WARRANT DATED APRIL 19, 2002

IN THE AMOUNT OF $387.00."

Vote: All in favor.

Arthaud moved and the motion was seconded by

Cole:

* "TO APPROVE THE CHECK WARRANT DATED APRIL 22, 2002

IN THE AMOUNT OF $19,249.48, MINUS $4,500.00 WHICH

REPRESENTS THE CHARLOTTE LAND TRUST CONTRIBUTION TO

THE GALBREATH PROPERTY PENDING FURTHER DISCUSSION."

Vote: All in favor.

E. Russell moved and the motion was seconded by

Arthaud:

* "TO APPROVE THE CHECK WARRANT DATED APRIL 15, 2002

IN THE AMOUNT OF $15,161.39."

Vote: All in favor.

Board of Selectmen -10- April 22, 2002

Having no further business, Chairman Russell

moved:

* "TO ADJOURN."

Vote: All in favor.

The meeting was adjourned at 10:24 p.m.

Minutes submitted by:

Debby Flynn