Board of Selectmen May 6, 2002

TOWN OF CHARLOTTE

BOARD OF SELECTMEN

MINUTES

MAY 6, 2002

MEMBERS PRESENT: Chairman Charles Russell

Debbie Ramsdell

Paul Arthaud

Ellie Russell

Jennifer Steele Cole

OTHERS: Phyllis Lary

Nancy P. Sabin

Sylvia Sprigg

Stephen C. Brooks

John Hammer

Francis Foster

Marty Illick

Jack Wallace

Tricia Coleman

Peter Coleman

Allen Karnatz

John Pierce

Fred Mushkat

Note: These are unapproved minutes only. For corrections and

approval of minutes, look to future meeting minutes.

________________________________________________________________

Chairman Russell called the meeting to order at 7:06 p.m. in the

Charlotte Town Offices.

ADJUSTMENTS TO AGENDA

Arthaud said he would like to have an Executive Session later in

the evening to discuss the Tenney matter in Environmental Court.

APPROVE MINUTES OF APRIL 22ND MEETING

Chairman Russell noted on page 5 that Steve Mack was asking

about the land maintenance contract and not an agricultural

lease on town land and that Russell had responded that the

contract would not be dealt with until after July 1st.

Chairman Russell noted in the Public Discussion the word

"liable" should replace the word "libelous."

E. Russell wished to clarify on page 7, the 6 tasks outlined in

the Town Plan were to be performed by the Village Planning

Committee. E. Russell also noted page 7, that the date of the

meeting with Chairman Russell and Roger Parker was scheduled for

April 24, 2002. E. Russell wished to correct the date for

GASB-34 to be phased into the town's accounting system was June

30, 2004 and in the same discussion on page 8, that the town

will need to identify all capital assets. E. Russell also

wished to clarify on page 8 that the work on Route 7 was for

widening of the road and not related to the Recreation Path.

Board of Selectmen -2- May 6, 2002

Arthaud said in the discussion of GASB-34, that it was E.

Russell and not he who said the town needs to be GASB compliant

and also on page 8, to add "Park" to the discussion of the

Charlotte Park Oversite Committee.

E. Russell said in the discussion of hiring and Assistant to the

board that the salary ranges for comparable positions in other

towns reported by the VLCT, which "were" much lower than the

previous Administrative Assistant was being paid.

Stephen Brooks suggested the lower salaries do not reflect the

caliber of the person the board wanted to fill the position.

E. Russell moved and the motion was seconded by

Ramsdell:

* "TO APPROVE THE MINUTES OF APRIL 22, 2002 AS

AMENDED."

Vote: All in favor.

PUBLIC DISCUSSION

Nancy Sabin noted that Clark Hinsdale was scheduled to come to

the next meeting and requested he bring a copy of the transcript

of the Aube-Hinsdale hearing in Environmental Court.

Sylvia Sprigg asked if Chairman of the Planning Commission, Jeff

McDonald, had sent a letter to the board about refunding

Sprigg's fees for a subdivision and asked if so, could the issue

be added to the agenda. Chairman Russell reviewed Jeff

McDonald's letter to the Selectboard. Sprigg explained that she

was charged $900.00 for a subdivision when she only really

needed a subdivision modification, which costs $100.00.

Arthaud moved and the motion was seconded by

Ramsdell:

* "TO REFUND SYLVIA SPRIGG HER $800.00 AGAINST THE

$900.00 APPLICATION FEE."

Vote: All in favor.

Ramsdell said she thought Green Up Day activities under the

direction of John Quinney had gone well, noting the Selectboard

would like to commend all those who participated in the event.

There was a discussion on moving the control box off the town

green and into the town hall.

Stephen Brooks noted there are over 200 previously licensed dogs

in town whose owners have not renewed the licenses, and

suggesting there was not enough incentive for the dog owners to

renew licenses or the Dogcatcher to follow up on the issue. E.

Russell said the issue is that the dogs need to be certified

that they are up to date on their rabies vaccines. Cole said

she would look into what happened with the dogs. Sylvia Sprigg

suggested putting up posters at the school about the issue.

Nancy Sabin suggested raising the fine for unlicensed dogs.

Board of Selectmen -3- May 6, 2002

CHARLOTTE LAND TRUST - PIERCE FARM & REQUEST OF CONSERVATION

FUND MONIES

E. Russell said she was an adjoining landowner to the property

being discussed and recused herself from the board for this

agenda item.

Frances Foster, on behalf of the Charlotte Land Trust and Allen

Karnatz, representing the Vermont Land Trust addressed the board

regarding their request for $30,000.00 form the Conservation

Fund toward the purchase of the development right son the John

Pierce farm in Charlotte and Ferrisburg. Marty Illick showed

maps of the area to be conserved and reviewed her handout with

board members. Illick said the property is primarily a large

farm with 73 acres in Charlotte and 96 acres in Ferrisburg.

Illick reviewed the funding of the easement with other expected

contributors being the Champlain Valley Greenbelt Alliance, the

Freeman Foundation and neighbors of the landowner, John Pierce.

Illick and Karnartz reviewed with the board members the map of

the project and the location of 2 houses proposed to be built on

the property.

Arthaud reviewed his Karnatz earlier in the day and that he

would like to see the town be a co-holder on the easement,

noting this would protect the town if for example, the VLT ever

went bankrupt. Chairman Russell agreed that he was concerned

that conservation easements can be amended later without the

town being notified. Karnatz cited an example of how the VLT had

expended executory interest for the town of Middlebury, spelling

it out clearly in a Memorandum of Understanding exactly what

changes the town needs notification of. Karnartz noted that

continuity in easements to towns just makes for easier

management for the VLT.

Ramsdell asked if this matter had gone before the Planning

Commission and Illick answered this had been reviewed by the

Conservation Commission, the Recreation Commission, the Lewis

Creek Association and the Ferrisburg Conservation Commission,

and Illick said she felt comfortable working on this project

with the VLT.

There was a discussion of the fact that the bulk of the Pierce

property is in Ferrisburg and that town is not contributing

monetarily to the easement. Arthaud suggested the town could be

a co-holder for the land in Charlotte and an executory holder of

the land in Ferrisburg.

Jack Wallace said he was attending the meeting as he was

proposing to build the two houses on the property and was

interested in who was contributing what monies to the project,

particularly the neighbors of the property on Clafin Farm Road.

Phyllis Lary asked if a "factory farm" could be put on the

property and Karnatz responded that would be considered an

expansion of the farm and would trigger review of what was

agreed to in the easement.

Board of Selectmen -4- May 6, 2002

Chairman Russell said the board needs to look out for the town's

interest in this matter and he was interested in "fleshing out"

the co-holding idea and would put the matter on the agenda for

the next meeting. Arthaud added he thought the board needed to

gather more information and said he was interested in reviewing

the easement that Karnatz cited with the VLT in Middlebury.

Chairman Russell added he would like the town attorney to review

the Middlebury easement.

Illick asked if the board was generally in approval of the

project once the stewardship issues were worked out and the 4

board members reviewing the project said they ideally support

the project.

The board took a 2 minute break at 8:37 p.m.

INTERVIEW FRED MUSHKAT - HEALTH OFFICER APPLICANT

Dr. Fred Mushkat introduced himself to board members. Arthaud

asked Mushkat if he was working at this time. Mushkat answered

he will be working in Vermont 12 days a month, but is currently

working in Kentucky, is semi-retired and will be applying for

his Vermont license to practice medicine soon. Mushkat

explained his wife and children are allergic to common building

materials, so they need to have their own house specially made

and they have begun building their new and final home on Prindle

Road.

E. Russell asked about overlapping schedules working in 2 states

and Mushkat explained and noted he is always available by cell

phone as well as his local number. E. Russell asked about

volunteering and Mushkat reviewed his volunteering history.

Cole asked about telecommunications issues and Mushkat responded

it was not an area in which he has experience, but would suggest

that health interests and cell phone usage could be balanced.

Arthaud asked about whether Mushkat would be willing to train

rescue personnel and Mushkat said he would be happy to do so.

MARTY ILLICK, APPOINTMENT TO CCRPC, BY-WAYS

Illick said she had a lot of work going on at Regional Planning.

Illick noted she had made a date with the Planning Commission

and discussed planning issues with them. Illick noted

transportation is a big issue before regional planning right now

and noted the CCRPC has an interim director while they are

looking for a permanent one. Illick said CCRPC is also

increasing its staff size. Illick noted the departure of Joe

Segale from the MPO.

Illick said she is on the Natural Resource and Open Space

Committee is with CCRPC and has been working closely with the

Conservation Commission and the Charlotte Land Trust. Arthaud

said he had discussed with Jeff McDonald that Illick does a lot

of work for the town, but felt there should be more discussion

with Illick and the planning Commission.

Board of Selectmen -5- May 6, 2002

Arthaud he thought there was an issue with Illick after Town

Meeting Day having taken the Palmer property industrial zoning

off the Regional Planning maps without consulting anyone about

it. Illick said not only did she not do that, she would never

even consider doing anything like that and added all the maps

supplied to Regional Planning come from the Town Planner and the

Planning Commission. Arthaud asked how Town Plan updates happen

with the CCRPC and Illick explained how information is received

and how it travels through committees. Illick noted that Al

Moraska has expressed interest in being an alternate to the

CCRPC. Arthaud asked if Illick would be willing to meet with

the Planning Commission Quarterly and Illick said yes.

Illick discussed funding possibilities which are now available

to the town for By-ways. John Hammer explained it is a

federally funded program where towns can designate sites areas

for tourism and build business. Illick noted 2 other towns have

applications pending and said she had been sending e-mail

messages, hoping to form a committee to see what the townspeople

want to have happen, adding she does not have the time do work

on it.

Nancy Sabin suggested that Dan Cole be approached as his

historical knowledge would be an asset. Hammer added the town

has 3 covered bridges.

John Hammer said he would prepare an article for the Charlotte

News on the by-ways and ask for volunteers.

Ramsdell moved and the motion was seconded by

E. Russell:

* "TO APPOINT MARTY ILLICK TO THE REGIONAL PLANNING

COMMISSION FOR A ONE YEAR TERM."

Vote: All in favor.

APPOINT AUDITOR

John Hammer noted that Marion Paris was unable to attend the

meeting to discuss her candidacy for Auditor.

MAP DISPLAY DISCUSSION - STEPHEN BROOKS

Stephen Brooks showed geological maps of the area and suggested

that the town hall should have a permanent fixture for maps on

the wall of the town hall. E. Russell said she would get input

and ideas from the University and the library. The board agreed

to put the matter on their task list.

REPORTS FROM SELECTBOARD MEMBERS

E. Russell discussed a flyer she had received on Administration

of Legislative bodies from the VLCT. Arthaud said he was

interested in one of the seminars on finance.

Board of Selectmen -6- May 6, 2002

E. Russell reviewed her progress in the search for a new

Administrative Assistant, citing in which publications she had

recently placed advertisements. Chairman Russell reviewed his

recent conversation with a candidate for the position, noting

there were 3 responses to date. Ramsdell wondered whether 3

candidates might be a big enough pool.

E. Russell said the board has received updated plans on Route 7

and Arthaud added he had spoken with Holly Callery and Clark

Hinsdale, III on the Recreation Path.

E. Russell said she had talked with the Town Clerk on GASB-34

and she (Mead) is interested in attending a training seminar on

it and possibly buying the software package for the town. E.

Russell said she heard from Mead that the Town Auditor might not

be continuing to work for the town and she would call him and

follow up.

E. Russell reported she had gone to the Planning Commission

meeting on Thursday to hear the application on an antenna to be

placed on a silo and there were no negative aspects shown to

public safety or wildlife.

Cole said she had talked with Erich Findley about the brush pile

which is now gone and the bill for removal will go to the CSWD.

Cole noted the Thompson's Point Wastewater Committee will meet

soon.

Ramsdell said she would follow up with the man from Monkton

asking about public water source available in Charlotte.

Chairman Russell reported that he and Ramsdell would be

attending their first MPO Technical Advisory meeting the next

day.

Ramsdell discussed cars left on Ferry Road and Chairman Russell

asked that the matter be tabled to the next meeting

Arthaud said the VLT is granting a 1 rod right-of-way from Mt.

Philo Road to Route 7, and he has been advised that blue stone

can be used instead of the more expensive red at Charlotte Park.

Arthaud moved and the motion was seconded by

Ramsdell:

* "TO GO INTO EXECUTIVE SESSION TO DISCUSS THE TENNEY

APPEAL."

Vote: All in favor.

Executive Session ran from 10:02 to 10:08 p.m.

Arthaud moved and the motion was seconded by

Ramsdell:

* "TO COME OUT OF EXECUTIVE SESSION."

Vote: All in favor.

Arthaud reported the board had taken no action in Executive

Session.

Board of Selectmen -7- May 6, 2002

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 10:10 p.m.

Minutes submitted by:

Debby Flynn