Board of Selectmen June 14, 1999

TOWN OF CHARLOTTE

BOARD OF SELECTMEN

MINUTES

JUNE 14, 1999

MEMBERS PRESENT: Chairman Marty Illick

John Rosenthal

Robert Mack, Jr.

James Sheldon-Dean

Clark Hinsdale, III

OTHERS: Stephen C. Brooks

Sandy Mayo

Nancy Sabin

John Hammer

Linda Radimer

Sylvia Sprigg

Louis Cox

Liam Murphy

Harley Allen

Charlie Prout

Dean Bloch

Debbie Fischer

Gary Teetor

Nancy Walsh

Samuel Bloomberg

David Kelly

Wendy Schroeder

Mary Beth Freeman

Wallace Smith

Eric Van Vlandren

Tom Moreau

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Chairman Illick called the meeting of the Board of Selectman to

order at 7:05 p.m. in the Charlotte Town Offices.

APPROVE MINUTES OF MAY 24, 1999 & AGENDA ADJUSTMENTS

Chairman Illick asked if the board wished to approve the minutes

of the Selectboard meeting of May 24, 1999.

Rosenthal said he was willing to move to approve the minutes of

May 24th and Sheldon-Dean brought to his attention that he was

absent from the meeting in question and would be therefore

abstaining, and since Mack and Hinsdale had yet to arrive as

expected, the matter should be postponed until a quorum was

present to vote. Rosenthal agreed to the postponement. There

were no changes to the agenda.

Board of Selectman -2- June 14, 1999

PUBLIC DISCUSSION

Nancy Sabin brought to the board's attention that the terms of

the AGREEMENT on behalf of the town regarding the Burns land

purchase did not match the motion passed by the Selectboard on

the issue at their last meeting as stated on page 6 of the

minutes. Board members agreed to look into the issue.

CHITTENDEN SOLID WASTE - TOM MOREAU

Tom Moreau of the Chittenden Solid Waste District said he was

seeking the board's approval of the Waste District's 1999/2000

budget. Moreau outlined why the Waste District was asking for a

nine percent increase in their budget citing three reasons for

the increase:

1. The state was looking to Chittenden County to clear

public schools of hazardous waste, such as asbestos;

2. The Solid Waste District was looking to permit a second

landfill in a wetlands site and more regulation issues were

consequently anticipated, and;

3. The Solid Waste District is trying to increase the

recycling compliance rate of consumers and reduce waste.

Moreau said he thought the Chittenden County Waste District was

in good financial shape and began a capital plan of funding for

replacement of equipment.

Illick asked about public cynicism of whether recyclables are

actually being recycled and Moreau answered that everything that

makes it to the recycle truck is recycled and there are

ramifications for companies contracted for recycling that do not

comply with their contracts. Moreau also noted that there was

more wood waste into the recycling system last year because of

the ice storm. Linda Radimer asked about the wetland site that

was proposed for use as a landfill and Moreau explained how the

wetlands would be protected. Stephen Brooks asked about

plastics (numbers 3-7) that currently the system wasn't

accepting for recycling. Moreau explained that the nearest

facility accepting those plastics was in Seattle, Washington and

therefore not cost-effective for shipping, adding that the state

was looking to team with New Hampshire and Maine to come up with

a better solution. John Hammer stated that the Chittenden Solid

Waste District was looking to the towns in the district for

budget approval.

Rosenthal moved and the motion was seconded by

Sheldon-Dean:

* "TO APPROVE THE BUDGET FOR THE CHITTENDEN COUNTY

SOLID WASTE DISTRICT FOR THE 1999/2000 FISCAL YEAR."

Vote: All in favor.

Board of Selectman -3- June 14, 1999

REGIONAL PLAN UPDATE

Eric Van Vlandren spoke on behalf of Chittenden County Regional

Planning Committee on the work of the Regional Plan Update

Committee and their informational video. Van Vlandren outlined

the accompanying paperwork to the video presentation on the new

Regional Plan for board members and the feedback forms viewers

of the video. Illick asked to set another date for public input

as the agenda for this meeting was tight. Van Vlandren agreed

to schedule a question and answer period on the video for June

22, 1999 at 7:30 p.m. and contact the Burlington Free Press to

print a notice. Board members and attendees viewed the

informational video. Rosenthal agreed to take a copy of the

video to the town library to make it available to residents.

PROUT & SCHILLING - KELLY - SEPTIC PERMIT HEARING - CONTINUED

John Stuart, an engineer and owner of J. Stuart and Associates,

outlined his background in engineering and design of

waster/sewer systems, saying he has designed waste/water systems

for up to 4,000 homes and performed about 50,000 soil tests and

noted that this was his first hearing in 29 years of practice.

Stuart reviewed his work on behalf of Judith and David Kelly,

saying he had contacted then Zoning Administrator, Charlie

Burnham to have Spencer Harris perform soil tests on the

property, but Harris never showed. Stuart said he then

performed the soil test, leaving the holes open for Harris and a

week or so later was told the testing was done and he could

begin design of the waste/water systems for the Kellys. Stuart

said he had designed a mound system as the soils in the area are

shale and he had used a sand filter design which is approved by

the state environmental laws.

Judith Kelly said she had applied for and was granted legally a

permit for sewage septic.

Attorney Liam Murphy, on behalf of his client, Charlie Prout,

stated his side of the case, that the curtain drain used in the

Kelly's septic design was not stated on the application, there

was no easement given and generally no one has the right to dump

water from their property onto someone else's property. Murphy

also stated there seems to be some disagreement between the

experts on what soils are present in the area of the septic

system.

Stuart stated that curtain drain Murphy was referring to was in

fact a swale and had no value to the permit application as it

carries no water and could be easily eliminated. Stuart added

the Kellys would be willing to put in a deed condition for water

drainage toward the south or east. Murphy suggested the drain

should be removed and a permit reapplied for.

Chairman Illick said the board would consult with the town

attorney and get back to all parties as soon as possible.

Board of Selectman -4- June 14, 1999

CHARLOTTE PLANNING & WILDLIFE REFUGE - MANAGEMENT PLAN

PRESENTATION & RESOLUTION APPROVAL

Chairman Illick noted that Demeter Park would be conveyed to the

town on July 10, 1999 and the advisory committee (Conservation

Committee, Recreation Committee, etc.) had approved a management

plan today outlining uses of the park: wildlife agriculture and

recreation. Monies were given to the town for public access to

the 3.5 miles of trails. Harley Allen asked about handicapped

access and Illick responded that most of the trails were not

"wheelchair friendly."

Illick noted the work of the Friends of the (Thorpe) Barn and a

letter on their behalf from Mike McQuillen stating that the barn

plays a part in the agricultural heritage of the (Demeter) park.

Nancy Walsh spoke on behalf of the Friends of the Barn stating

the structure was one of the oldest in Charlotte and the group

was looking at doing private fundraising and not asking the town

for the estimated $16,000. to stabilize the barn.

Hinsdale moved and the motion was seconded by

Sheldon-Dean:

* "THAT THE SELECTBOARD GO ON RECORD OF SUPPORTING THE

EFFORTS OF THE FRIENDS OF THE THORPE BARN TO

STABILIZE THAT STRUCTURE FOR AND PRESERVING IT FOR

FUTURE."

Vote: All in favor.

Hinsdale thanked the Friends of the Barn for taking on this

project on behalf of the community. Illick noted that the

Demeter property would be named Charlotte Park and the Advisory

Committee for the Park would become the Oversight Committee.

ZONING BOARD OF ADJUSTMENT - PENDING BROOKS CASE - EXEC. SESSION

Illick moved and the motion was seconded by

Mack:

* "TO GO INTO EXECUTIVE SESSION TO TALK TO THE ZONING

BOARD OF ADJUSTMENT ABOUT THE BROOKS CASE."

Vote: All in favor.

Executive Session at 8:50 p.m. and ended at 9:10 p.m.

Rosenthal moved and the motion was seconded by

Sheldon-Dean:

* "TO COME OUT OF EXECUTIVE SESSION."

Vote: All in favor.

Board of Selectman -5- June 14, 1999

WIZN - APPROVE CONSULTANTS FOR HEALTH STUDY

Illick said the board needed to approve consultants, acting as

the Board of Health, to do the study on the effects of

non-ionizing radiation the board has required WIZN to

underwrite. Illick said she had been provided by WIZN with the

name of Martin Meltz, PHd., as a qualified consultant in this

area. Illick said she had asked the Health Officer, Dr. Richard

Bernstein for suggestions and he had suggested she speak with

Ms. Blake Leavitt. Ms. Leavitt suggested to Illick certain

criteria to look for in a consultant for this study, including a

biomedical background. Hinsdale asked what criteria had been on

the health order for WIZN and Illick read the order to him.

Illick said there had been a motion to approve Dr. Meltz in

April.

Rosenthal moved and the motion was seconded by

Mack:

* "TO APPROVE DR. MELTZ AS A CONSULTANT FOR THE HEALTH

STUDY REGARDING NON-HEATING BIOLOGICAL EFFECTS OF

ELECTROMAGNETIC FIELDS."

Liam Murphy, the attorney for WIZN, said that by happenstance he

had been at this meeting on behalf of another client and seen

this item on the agenda. Murphy said this was the first he had

heard that Dr. Meltz may not be agreeable to the board as a

candidate or that the board was interested in other candidates.

Murphy said WIZN has not been provided with the names of any

other candidates for the study. Illick provided Murphy with the

names and biographies of the other candidates to date, which he

photocopied in the town offices.

Hinsdale suggested the board consider a list of candidates and

to arrange another date to consider the matter.

Hinsdale moved and the motion was seconded by

Rosenthal:

* "TO TABLE THE PREVIOUS MOTION TO THE JUNE 28, 1999

SELECTBOARD MEETING."

Vote: All in favor.

Hinsdale moved and the motion was seconded by

Rosenthal:

* "TO CONTINUE THE AGENDA ITEM 'WIZN - APPROVE

CONSULTANTS FOR HEALTH STUDY" TO THE JUNE 28, 1999

SELECTBOARD MEETING."

Vote: All in favor.

CAPITAL BUDGET

Wendy Schroeder asked if board members had received her memo

from May 27th and board members said yes. Hinsdale suggested

that a philosophical approach be added to budgets, stating the

goals of the projects and stating the general concepts and

intents of projects and why they are important.

Board of Selectman -6- June 14, 1999

There was a discussions of an underpass connection to Mt. Philo

and a fence for the Little League.

Mack said he would like to spend more money on dirt roads and

pave the parking lot for the town offices this year. Mack

suggested using a surplus of money from the state to pave the

parking lot and use the rest of the money for gravel.

Sheldon-Dean said he would be in favor of that as long as the

town stayed on budget and Mack said he would look into costs.

BILL SIGNING/DISCUSSION

MUNICIPAL BOND BANK RESOLUTION & CERTIFICATE

Board members reviewed and signed bills.

APPROVE MINUTES OF MAY 24, 1999

Chairman Illick asked to have the following errors in the

minutes corrected: the reference to Charlie Reynolds to be

changed to Charlie Russell and correcting the spelling of Jim

Sestokas of Picture Perfect Landscaping. Rosenthal asked that

the reference to the town stationery on page 6 be shortened to

read he was interested in getting the stationery redesigned and

would look into what he could get done for free.

Hinsdale moved and the motion was seconded by

Illick:

* "TO APPROVE THE MINUTES MAY 24, 1999

SELECTBOARD MEETING WITH THE ABOVE CHANGES."

Vote: All in favor.

Mack moved and the motion was seconded by

Sheldon-Dean:

* "TO ADJOURN THE MEETING."

Vote: All in favor.

The meeting was adjourned at 11:07 P.M.

Minutes submitted by:

Debby Flynn