Board of Selectmen May 24, 1999

TOWN OF CHARLOTTE

BOARD OF SELECTMEN

MINUTES

MAY 24, 1999

MEMBERS PRESENT: Chairman Marty Illick

John Rosenthal

Robert Mack, Jr.

Clark Hinsdale, III

OTHERS: Stephen C. Brooks

Nancy Sabin

Hugh Lewis, Jr.

Charles Russell

Liam Murphy

Richard Villamil

Charlie Prout

Charles R. Dunham

David V. Carr

Samuel Bloomberg

David Kelly

Loranne Turgeon

Eric Hedayat

Wendy Schroeder

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Chairman Illick called the meeting of the Board of Selectman to

order at 7:10 p.m. in the Charlotte Town Offices.

APPROVE MINUTES OF MAY 10, 1999 & AGENDA ADJUSTMENTS

Chairman Illick asked if the board wished to approve the minutes

of the Selectboard meeting of May 10, 1999.

Rosenthal asked to delete in the last motion on page 3, "for

consideration."

Nancy Sabin said she didn't agree with the coverage in the

minutes of Sandy Mayo's concerns under "Public Discussion."

Hinsdale and Illick explained the role of the minutes, that they

are prepared for board members to record legal and binding

actions. Hinsdale said the board was satisfied with the quality

and coverage of the minutes they were being provided.

Rosenthal moved and the motion was seconded by

Mack:

* "TO APPROVE THE MINUTES MAY 10, 1999

SELECTBOARD MEETING WITH THE ABOVE CHANGE."

Vote: All in favor.

Board of Selectman -2- May 24, 1999

PUBLIC DISCUSSION

Discussion of the role of minutes continued and there was

dialogue of on public access to Selectboard minutes on the

town's web page and the continuance of having a synopsis of the

minutes in the Charlotte News.

JUNIOR LEWIS - TOWN ROADS

Hugh Lewis, Jr. said he would be finished with his work on

Converse Bay the next day. Lewis said he would have to close

Bingham Brook Road for putting down shale and gravel. Mack

discussed a hole in Greenbush Road and he and Lewis conferred on

replacing a culvert with a larger size by Thompson's Point.

Illick asked about grating Thompson's Point Road and Lewis

replied it would be done before the next Selectboard meeting.

Hinsdale suggested roadside mowing for improved visibility, and

Lewis said the crew doesn't usually start this early in the

year, but this spring has been unseasonably warm.

Illick said that Lewis now has the information packet for work

to be done on the Rule-Seguin Bridge and asked Lewis to meet

with bidders on the job. Mack asked specifically if Lewis would

meet with Lanphear about the job and Mack agreed.

Nancy Sabin asked about a covered bridge by the lake that was

often missing boards. Lewis said he would really like to find

out who causing the problem, but there are no witnesses.

Stephen Brooks offered to supply replacement boards for the

bridge at no cost to the town.

Board members discussed getting an estimate for paving Carpenter

Hill Road and Lewis agreed to do so.

THOMPSON'S POINT LEASE

Wendy Schroeder reviewed the situation of the Kjelleran lease;

the camp on the property burned down 35 years ago and it has

come to her attention the property is now being used with a

teepee and Port-O-Let. Since the permanent building is gone,

the Kjellerans have not been required to pay on the waste/water

bond. Schroeder asked board members to review a letter she had

drafted to the Kjellerans. Hinsdale suggested that since this

is a contract issue that the town attorney be contacted for an

opinion. Board members suggested that Schroeder notify the town

attorney and pursue the matter.

BUDGET, CAPITAL & GENERAL FUND STATUS

Schroeder overviewed a year in review she had prepared,

including revenues and expenses for the town. Schroeder said

that it appears that the town can start the fiscal year without

having to borrow any money.

Board of Selectman -3- May 24, 1999

Schroeder reported that Marlene Mansfield expects about $50,000.

will be collected in back taxes before the end of the fiscal

year and the town will end the year with about $100,000.

outstanding in delinquent taxes. There was discussion of ways

of closing the books for the year on budget and line items that

could be cut. Illick suggested scheduling further discussion

for the next meeting, June 14, 1999. Hinsdale asked if

depreciation and expected lifetime schedules are included in

budgets and Schroeder responded yes, for the larger items.

LAND MAINTENANCE PROGRAM

Illick announced that Jim Setokas of Picture Perfect Landscaping

had been hired by the town for ball field maintenance beginning

in the next fiscal year. Bill Peter noted that there are only

two and a half weeks left of the Little League season, that

previous work on the playing fields had been poor, and the goal

was to better prepare for next year. Mack outlined work he had

done the previous weekend; putting down 20 tons of red clay on

the fields.

Illick suggested interested parties get together and talk about

how the town could financially get through the next year on a

limited budget, perhaps with some creative fundraising. Mack

said he would have the fields raked and rolled and Illick

scheduled a meeting for May 25th at 5:00 p.m. at the ball field

to view the fields. There was discussion of general maintenance

costs for a field per year, but no definitive answer was arrived

at, citing fluctuations in year to year costs due to weather

conditions, etc.

LORANNE TURGEON - VERMONT FILM COMMISSION

Loranne Turgeon, Executive Director of the Vermont Film

Commission introduced Eric Heydayat, Locations Director for the

movie, "Me, Myself & Irene" being filmed in Chittenden County.

Heydayat said his company was interested in shooting a film

scene at Charlotte Crossing the Tuesday and Wednesday after

Memorial Day, the road at the crossing would have to be closed

and traffic detoured through Thompson's Point to Lake Road.

Heydayat offered his company was willing to pay for state

troopers to redirect traffic and for signs notifying of the road

closure. Rosenthal asked what benefit the town would gain from

allowing them to film the scene and Loranne Turgeon said the

state a whole benefited from having films produced in Vermont

and that the cast and crew would patronize local hotels and

restaurants. Board members advised that Charlotte doesn't have

any such facilities to patronize. Mack discussed his concerns

about traffic coming off the ferry that might get misrouted to

the town's historic covered bridges, causing damage, and the

town's need of a hold harmless from the film company if the

filming was agreed to. Heydayat assured Mack the hold harmless

would be no problem and he would see to it that traffic would be

properly routed, with signs posted days prior to filming

alerting residents of the road closure. Hinsdale said while the

state had an economic benefit from the filming, he couldn't see

any benefit for the town.

Board of Selectman -4- May 24, 1999

Hinsdale suggested that make a donation to the town Little

League for maintenance of their playing fields. Mack added that

gesture would insure that when residents called with complaints

that he could show some benefit to the town. Hinsdale added

that over 300 children were involved in Little League in town.

Hinsdale moved and the motion was seconded by

Mack:

* "TO WELCOME "ME, MYSELF & IRENE" INTO TOWN TO USE

THE RAILROAD CROSSING, SUBJECT TO DOCUMENTATION OF

ASSURANCE OF TRAFFIC REROUTING AROUND THE COVERED

BRIDGES AT A PER DIEM OF $500. PER DAY TO BE

PROVIDED FOR MAINTENANCE ON THE TOWN FIELDS."

Vote: 2 in favor, 2 opposed (Mack, Rosenthal)

Mack stated that he had voted against the motion because he felt

not enough money was being offered for the inconvenience to the

town. Hinsdale then offered to amend his motion.

Hinsdale moved and the motion was seconded by

Mack:

* "TO WELCOME "ME, MYSELF & IRENE" INTO TOWN TO USE

THE RAILROAD CROSSING, SUBJECT TO DOCUMENTATION OF

ASSURANCE OF TRAFFIC REROUTING AROUND THE COVERED

BRIDGES AT A PER DIEM OF $1,000. PER DAY TO BE

PROVIDED FOR MAINTENANCE ON THE TOWN FIELDS."

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

PUBLIC HEARING - PETITION TO REVOKE SEWAGE PERMIT

Parties involved in the petition introduced themselves and

Attorney Liam Murphy began outlining the issues of concern in

the case and provided board members with a handout for review.

Murphy said that the soil tests initially performed by John

Stuart on the Kelly property at 11 Patton Woods Road, do not

comply with state environmental laws and the application for a

sewage permit for that property should have been changed to

include an easement, because what is essentially happening is

that a curtain drain on the Kelly property dumps water onto his

client, Charlie Prout's property.

Murphy introduced Charles Dunham, Owner of Civil Engineering

Associates of Shelburne. Dunham said he had performed soil

tests on the Kelly property and the soil, typically for the area

is a silty clay and does not in his initial opinion conform with

state environmental protection laws. Dunham suggested that more

holes for soil tests be dug on the property as he was not sure

he had tested soils in the same location as the initial

engineer, John Stuart.

Murphy also introduced Richard Villamil, a professor of Soil

Science at the University of Vermont. Villamil said he had gone

to the Kelly property and dug two small holes about 14-15 inches

deep and performed soil tests, showing the soil to be a silty

shale with limited ability for septic. Villamil said he had

asked a backhoe operator to dig on the property so he could

perform further testing and the Kellys refused him access to

their property.

Board of Selectman -5- May 24, 1999

Murphy provided board members with a letter from Spencer Harris

recommending further testing in the area. Murphy summed up his

client's petition that a survey of the area by the experts says

the area in question is not good for septic and an engineer

needs to be hired and the Kelly's sewage permit needs to be

revoked.

Attorney Sam Bloomberg said his client, Judith Kelly and the

initial engineer, John Stuart, could not attend this meeting to

testify. Bloomberg stated permission to access the Kelly's land

was not given to Dunham or Villamil and certainly not to dig

holes or use a backhoe. Bloomberg said the Kelly property was

recently on the market and his client felt this action was

intended to block the sale. Bloomberg added that Judith Kelly

had fairly gone through the process of getting a sewage permit

granted by Charles Burnham, the Zoning Administrator at the

time.

Hinsdale stated his observations and concerns in the matter,

saying he was uncomfortable with trespassing and digging on

someone else property without permission and what he saw as de

facto in place of an easement on someone else's property.

Hinsdale said he was inclined at the outset to see the situation

as starting out as a mutual mistake of fact and with what

happened with the drainage having been changed in process as it

was developed.

Mack suggested the Kellys, Prouts, Spencer Harris, engineers and

attorneys involved meet on the property before the next

Selectboard meeting on June 14, 1999 and see if they couldn't

work some of the issues out.

Hinsdale moved and the motion was seconded by

Rosenthal:

* "TO MOVE A CONTINUATION TO JUNE 14 AT 8 P.M. TO HEAR

ADDITIONAL TESTIMONY."

Vote: All in favor.

MUNICIPAL SEPTIC AND RECREATION FIELDS

Illick reviewed a draft resolution by town attorney Steve

Stitzel on the proposal by the town to purchase the Burns land

on the East side of Greenbush Road for use of septic and

recreational fields. Illick noted that a public meeting on the

Selectboard's proposal to buy the property at a cost of up to

$250,000. would be necessary.

David Carr said he had lived at the campground on the west side

of Greenbush Road seasonally for several years and wondered what

would become of the land in the future. Hinsdale said the town

was not interested in the west side of Greenbush Road and

suggested Carr call Moe Harvey of the Land Trust for details of

what might be in the works.

Board of Selectman -6- May 24, 1999

Charlie Reynolds asked if there was only one deal on the table,

as other deals for purchasing the entire property on the east

and west side of the road have been discussed as options.

Hinsdale responded that the Selectboard should be able to fully

support what it puts in front of the voters.

There was discussion on when to schedule the public meeting on

the purchase proposal, balancing summer vacation schedules with

the $5,000. per month that is being spent on the town's option

to buy the property. Hinsdale offered he was willing to work

with the sellers to get the option monies credited toward the

final sale.

Hinsdale moved and the motion was seconded by

Mack:

* "TO WARN THE BOND ISSUE TO AUTHORIZE THE AMOUNT NOT

TO EXCEED $250,000. TO THE PURCHASE OF ACQUIRING

REAL PROPERTY TO BE USED FOR THE TOWN'S DISPOSAL

SEPTIC USE AND RECREATIONAL NEEDS AND THE VOTE BY

AUSTRALIAN BALLOT NOT PRIOR TO JULY 15 AND NO LATER

THAN SEPTEMBER 15, 1999 AND TO AUTHORIZE THE

CHAIRMAN OF THE SELECTBOARD TO WORK WITH THE TOWN

CLERK AND THE TOWN ATTORNEY TO ESTABLISH THE

APPROPRIATE DATE ."

Vote: All in favor.

Hinsdale moved and the motion was seconded by

Rosenthal:

* "THAT THE TOWN AUTHORIZE THE EXPENDITURE OF $5,000.

TO BE USED FOR THE JUNE 1, 1999 PURCHASE OPTION

PAYMENT PROVIDED THAT A SUITABLE ARRANGEMENT CAN BE

MADE WITH THE LAND TRUST TO SECURE A PROPERTY

SUBOPTION ON THE EAST SIDE OF GREENBUSH ROAD AND THE

$5,000 BE CREDITED TOWARD THE PAYMENT PURCHASE."

Vote: All in favor.

OTHER BUSINESS

Mack suggested that a speed limit be set for Lake Road as it is

currently inconsistent.

Mack moved and the motion was seconded by

Rosenthal:

* "TO SET THE SPEED LIMIT ON LAKE ROAD TO FERRY ROAD

AT 40 M.P.H.."

Vote: All in favor.

Rosenthal noted that the town needed to line up a constable for

the town party on July 10, 1999. Rosenthal also noted town

employees were interested in having the town stationery

redesigned and he would look into what he could have done for

free.

Louis Cox provided the board a memo he had prepared, but not as

yet asked to provided on the Kelly septic issue and asked a

question on cross-coverage of his insurance with the town and

his wife's coverage.

Board of Selectman -7- May 24, 1999

Board members reviewed and signed bills.

Rosenthal moved and the motion was seconded by

Hinsdale:

* "TO ADJOURN THE MEETING."

Vote: All in favor.

The meeting was adjourned at 10:50 P.M.

Minutes submitted by:

Debby Flynn