Board of Selectmen July 8, 2002

TOWN OF CHARLOTTE

BOARD OF SELECTMEN

MINUTES

JULY 8, 2002

MEMBERS PRESENT: Chairman Charles Russell

Debbie Ramsdell

Paul Arthaud

Ellie Russell

Jennifer Steele Cole

OTHERS: Peter Coleman

Martha Perkins

Sylvia Sprigg

Stephen C. Brooks

Sue Richardson

Sam Essex, Jr.

Mike Dee

Bill Michaud

Rick Tenney

Frank Tenney

Carrie Spear

Norman Pellett

Peter Joslin

Larry Hamilton

Linda Hamilton

Susan Crockenberg

Doug Weaver

Sharon Bedard

Jack Galt

Roger Tesse

Jody Baker

Brad Moses

Debra Jones

Lou Paradis

Alice Lawrence

Susan Zahn

Lynn Nurczynski

Bonnie Bly

Clark Hinsdale, III

Ed Siegel

Bill Bly

George Darling

Nancy Goodrich

Karen Bell Whitby

Bill Leckerling

Cindi Burns

Mike LaClair

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 7:00 p.m. in the

Charlotte Town Offices.

Board of Selectmen -2- July 8, 2002

ADJUSTMENTS TO AGENDA

E. Russell said she wanted to finalize the Town Party plans and

the Selectboard work plan. Arthaud said he wanted to discuss a

recommendation to put all the park and trail committees under a

Parks and Recreation department. Ramsdell said she wanted to

review a report from the MPO and discuss Route 7 and Ferry Road

safety issues.

Stephen Brooks said he wanted to discuss displaying maps in the

Town Hall and paving and Chairman Russell noted the paving

contract for the year has been signed.

SIGN WARRANT AND BILLS

Board members signed warrants and bills.

Arthaud moved and the motion was seconded by

E. Russell:

* "TO APPROVE THE CHECK WARRANT DATED JULY 8, 2002 IN

THE AMOUNT OF $4,278.30 FOR PAYROLL."

Vote: All in favor.

Arthaud moved and the motion was seconded by

E. Russell:

* "TO APPROVE THE CHECK WARRANT DATED JULY 8, 2002 IN

THE AMOUNT OF $29,922.95 FOR TOWN EXPENSES."

Vote: All in favor.

APPROVE MINUTES OF JUNE 24TH MEETING

Ramsdell said she had never received a copy of the minutes in

her mailbox at the Town Hall, Cole also noted she had not had a

chance to read the minutes. R. Russell noted in the motion for

the Fire & Rescue on page 3 that the board approved the motion

for landscaping as well as exterior work and also that the

Hinsdales would be presenting to the town an amended permit

application. E. Russell clarified on page 4 that the application

on the Hinsdale property for a Large Farm Permit is only for

Phase I of the project and Linda Hamilton discussed open land

and not "fields."

There was a discussion of the $3,500.00 requested by the Fire

and Rescue Department for a sign and whether that was included

in their exterior work.

Stephen Brooks noted that in the fourth paragraph on page five

that he wanted to strike the word "next" and refer to the 8:15

p.m. agenda item and on page 2 that he wanted to move the

discussion on the Holcomb House and wanted the matter on the

next agenda. Brooks also said that Chris Chichoski Kelly had

pointedly asked board members what they thought of the

Hinsdales' Large Farm Permit and E. Russell suggested the

minutes reflect that all 4 board members present spoke in

support of the plan.

Board of Selectmen -3- July 8, 2002

E. Russell moved and the motion was seconded by

Ramsdell:

* "TO APPROVE THE MINUTES OF JUNE 24, 2002 AS

CORRECTED."

Vote: 2 in favor, 3 abstained (Ramsdell, Cole and

Arthaud, as he was absent from that meeting).

The board decided to table approval of the minutes to the next

meeting.

Chairman Russell asked for a moment of silence in respect of the

recent tragedy in town (Melissa and Trevor Mack died in a

boating accident July 4, 2002) at 7:20 p.m.

E. Russell stated the board wished to express its sympathies to

the Mack family.

Arthaud asked that Phase I of the Recreation Path be named the

"Melissa and Trevor Mack Path" as was requested by the Mack

family and board members were in favor of the proposal.

PUBLIC DISCUSSION

Sylvia Sprigg noted that every Sunday morning the Shelburne

Athletic Club has been using Greenbush Road for a races and

wondered if they had asked the town's permission to do so.

Peter Coleman said the Club had held a Biathlon and the

recommended rules by the Club to its participants were that they

travel on the road as traffic. Coleman suggested the town

should express its safety concerns to the Shelburne Athletic

Club. E. Russell said she would talk to Rayne Herzog about the

safety concerns.

Nancy Sabin said she was offended by 2 recent letters to the

Editor in the Charlotte News and Chairman Russell responded that

the board looked forward to her responses to the letters in the

next issue.

There was a discussion of the wrecked cars that the Fire &

rescue Department practices using the "jaws of life" on that are

left after the exercise is completed. Arthaud said the cars are

an eyesore and the Department will look for another site for the

exercise and have the cars moved away immediately thereafter.

Stephen Brooks asked whether dead trees on the Town Green would

be included in the landscaping plans for the Fire & Rescue

Department and Chairman Russell responded that Arthaud was the

Selectboard representative to the Department. Brooks asked

about paving by Spear's store. Cole responded that would set a

precedent and Brooks said the area was in the town's

right-of-way and suggested the matter be on the board's next

agenda and Chairman Russell agreed to include it.

Board of Selectmen -4- July 8, 2002

Brooks said he thought the maps in the Town Hall are kept in a

mess and showed the board the design by Peter Rosenfeld for a

map holder and display rack saying there would be no charge for

the rack if the board like the design and all he was asking for

was a small budget for paint and installation. Martha Perkins

offered to pay those expenses.

Ramsdell moved and the motion was seconded by

E. Russell:

* "TO ACCEPT THE DONATION AND AUTHORIZE INSTALLATION

OF BROOKS' MAP RACK AT NO EXPENSE TO THE TOWN."

Vote: All in favor.

SUE RICHARDSON - SECOND CURB CUT ON STATE PARK ROAD

Sue Richardson and Sam Essex, Jr. showed a map to the board of

the area where they have applied put an addition on their house

and requested an additional curb cut to their property.

Chairman Russell and Arthaud suggested doing a site visit and

the board decided to do a site visit at 290 State Park Road at

10 a.m. on June 10, 202.

BILL MICHAUD - CHARLOTTE LITTLE LEAGUE FIELD MAINTENANCE

Bill Michaud and Mike Dee came before the board to ask how the

Charlotte Little League would access the $10,000.00 approved by

the town for their organization on Town Meeting Day (2002).

Chairman Russell said for most of the towns expenses bills are

submitted to the town and suggested that Michaud and Dee talk

with the Town Clerk about how she would like to handle their

expenses. Arthaud and Ramsdell thanked Michaud and Dee for

their efforts to date.

Nancy Sabin asked about when the road to the Little League

Fields would be fixed and Chairman Russell said he had discussed

the matter with the Road Commissioner and He would discuss it

with Clark Hinsdale, III.

APPROVAL OF CAPITAL ASSETS POLICY

E. Russell moved and the motion was seconded by

Arthaud:

* "TO APPROVE THE CAPITAL ASSETS AND INFRASTRUCTURE

POLICY (GASB-34) WITH THE CORRECTION OF THE SPELLING

OF JENNY COLE'S NAME."

Vote: All in favor.

J.P. BETTENCOURT - EMERGENCY MANAGEMENT ORDINANCE

E. Russell said the board members should have copies of the

Emergency Management Ordinance, noting it sets the framework for

the Emergency Response Plans. E. Russell suggested adding under

3a the addition of "hazardous chemicals, or biological or other

substances."

Board of Selectmen -5- July 8, 2002

Arthaud asked about an Emergency Management Director, as noted

on page 2 under "G" and suggested taking out the word "charter'

and replace it with "in accordance with state law." E. Russell

and J.P. Bettencourt discussed the overlapping duties of the

Selectboard Chair and the Emergency Management Director and what

happens in the event that both become incapacitated. Arthaud

noted this needed to be posted for 90 days. E. Russell

suggested to Arthaud that he read the ordinance and get back to

her with his suggestions for changes. Peter Coleman suggested

having the town attorney review the Ordinance.

TENNEY APPEAL

Arthaud moved and the motion was seconded by

Cole:

* "TO GO INTO EXECUTIVE SESSION TO DISCUSS THE TENNEY

APPEAL."

Vote: All in favor.

Arthaud moved and the motion was seconded by

Cole:

* "TO COME OUT OF EXECUTIVE SESSION."

Vote: All in favor.

Executive Session ran from 8:33 to 8:52 p.m. Chairman Russell

said the board made no decisions in Executive Session and the

board then took a 2 minute break.

CLARK HINSDALE, JR. & III - MODIFIED LARGE FARM OPERATION PERMIT

APPLICATION

Clark Hinsdale, III said his family's Large Farm Permit

application was not yet complete and he was attending to update

the board and the townspeople on the changes to the application

from the input that has been provided to them to date. Hinsdale

said the biggest changes to the application is that the

long-term build out of the project has been cut in half and the

plan is being revised to move more heifers to other locations,

but the milker would be housed in the same plan. Hinsdale said

the plans for the new manure pit were cut roughly in half.

Hinsdale gave board members handouts outlining the proposed farm

operation.

Hinsdale introduced Mike LaClair, the manager for the farm and

LaClair reviewed the plans for the new manure pit and measures

that would be taken to monitor well water, noting that after

testing by the hydrogeologist they would have more answers.

LaClair reviewed the safety measures in the new barn design for

control of manure.

Peter Joslin asked about the number of cows in Phase I and

LaClair responded 616 milkers and approximately the same amount

of heifers in different locations.

Susan Crockenberg asked about manure pit monitoring and LaClair

responded that drainage around the pit is a definite, but he was

not sure of the details yet in well monitoring.

Board of Selectmen -6- July 8, 2002

Hinsdale noted the application is not yet complete and discussed

the schedule for submitting comments on the application and the

Selectboard meeting schedule. Hinsdale noted the initial

testing has been done, but not the second round of testing to

date.

Jack Galt asked if the application could be complete before the

second round of testing is done and Hinsdale answered they are

still doing follow up research on this project. Hinsdale said

as well as farming, he is the President of the Vermont Farm

Bureau and while he wants to exceed the standard requirements

for his permit, he does not seek to raise them as he is

considering how that might affect the next applicant while

policy issues are at play. Hinsdale added the answer is he

doesn't know and his family is still working on the application.

Arthaud asked how many animal units would be in Phase 4 and

LaClair responded they were eliminating Phases 3 and 4. Arthaud

asked if the Hinsdales found a heifer facility tomorrow would

they "build out" sooner and Hinsdale responded their schedule

would be the same as the cows' offspring would allow them to

grow into the facility.

Chairman Russell asked when the application would be complete

and Hinsdale explained the big question is the manure pit and

additional testing that would be needed and noted the

application they turned in is the most complete the Department

of Agriculture has ever seen. LaClair added that after they

turn in each piece of the application the Department decides

when they deem the application is complete.

Linda Hamilton asked if the 832 acres of land would accept the

manure from the pit and LaClair answered that all the land is in

cultivation, the grazing land would be turned into fields and he

rotates the crops and he believe it would.

Steve Kantor asked f any more recent soil tests had been done on

the property and LaClair answered that more tests would be done

this fall and that one-third of the land is tested every 3

years. Kantor asked about the protection of the aquifer and

LaClair discussed what was involved in the permitting of the pit

to protect water sources. Hinsdale added that he would be

willing to talk to the engineer the next day to release the soil

test data.

Bill Leckerling asked about Phase II and where the manure would

go in the final build out. LaClair answered they would try and

buy more land or use other alternatives.

Jack Galt asked if Hinsdale and LaClair could be put on the

agenda for this matter again and Chairman Russell agreed.

TOWN INTEREST IN HOLCOMB HOUSE NEXT TO LIBRARY

Alice Lawrence and Beth Merritt discussed with board members the

Holcomb property next to the Library. Cole said she had spoken

with Butch Holcomb and the property will be put on the market

soon. Chairman Russell noted the property is being appraised.

Board of Selectmen -7- July 8, 2002

Lawrence noted the property is contiguous to the town green and

E. Russell said the property would be a long-term investment

that would makes sense for the town to acquire. Sylvia Sprigg

added the 1 acre property is listed in the town records at a

value of $78,000.00.

There was a discussion as to whether the property is on a

wetland and Arthaud said he would talk with Marty Abare about

whether or not it is a wetland. Ramsdell said she would talk

with the Land Trust and Kate Lampton about the property.

Arthaud asked if the board was going to sign E. Russell's letter

on the large farm permit and E. Russell noted she had made

changes to the letter. No decision was made on the matter.

SELECTBOARD ASSISTANT INTERVIEWS

Chairman Russell noted Marlene Mansfield had scheduled

interviews with Selectboard Assistant candidates at 9 a.m.; and

7p.m. on Wednesday, July 10, 2002. Board members discussed

their availability for the interviews and E. Russell noted these

would be preliminary interviews and board members would have

opportunity for input and to meet candidates.

THOMPSON'S POINT AG. LEASES

Cole gave board members copies of the Agricultural leases for

their review and showed a map of the areas. Cole and Arthaud

discussed eventually having a standardized lease for Thompson's

Point. Cole reviewed her conversation with the town attorney on

the status of the leases and Arthaud noted that certificates of

insurance would be needed. Cole asked board members to get back

to her with their comments on the leases and she will review

them with the town attorney.

OTHER BUSINESS

Cole said she had talked with Alice Lawrence and Dick LeBoeuf

about parking for the Town Party on July 13, 2002. Cole

reviewed LeBoeuf said it was fine to use his property for

parking. Cole also suggested there could also be parking at the

Old Lantern. Chairman Russell offered to do brush hogging in

preparation for the event.

E. Russell said she would talk to the Town Clerk about putting

"more teeth" in the dog licensing requirement, as many dogs are

not licensed in town.

E. Russell noted a letter from Jeff Finkelstein about an injury

to his son at the library. Chairman Russell said he would have

the town attorney review the letter.

Board of Selectmen -8- July 8, 2002

SELECTBOARD WORK PLAN

Chairman Russell noted the Flea Market lease has been signed

with Larry Lavallette. C. Russell noted in reference to cars

parked along Greenbush Road that the town has no ordinance on

the matter and therefore the state rules apply and Arthaud added

that meant having all 4 tires off the road.

Cole asked if "no parking" signs were available for the beach

and Chairman Russell suggested she talk to the Road Commissioner

on the matter.

Arthaud said he would write the ad to put painting of the Town

Hall out to bid.

Arthaud said he would like a conflict of interest ordinance or

charter on the work plan prior to Town Meeting.

E. Russell said Linda Hamilton had asked that consolidating into

a Parks and Recreation Department be deferred and Arthaud listed

all the different committees in town that deal with different

aspects of parks and recreation and suggested merging all the

groups and having a Park Director. E. Russell said she'd like

to see an organizational chart of how that would work and

Arthaud said he would put one together for a presentation.

Ramsdell said she would like to have Paul Craven of the MPO put

on the agenda to discuss a rail corridor from Essex to

Charlotte. Ramsdell said she would also like to have a follow

up meeting on safety issues at the intersection of Route 7 and

Ferry Roads and she would call the people from the state to set

that up.

E. Russell noted the town was in the process of answering the

case of Janet Binkerd being hurt on a town covered bridge.

APPOINTMENT OF THREE COMMITTEES

Cole reviewed her calls to people interested in serving on

committees.

Ramsdell moved and the motion was seconded by

E. Russell:

* "TO APPOINT TO THE AFFORDABLE HOUSING COMMITTEE

ROBIN REID, JOHN OWEN, PETER RICHARDSON, NANCY

SABIN, JENNY COLE AND RICHARD LEBOEUF."

Vote: All in favor.

Cole reviewed the list of those interested in being on the

Business and Economic Development committee. There was a

discussion of what to with married couple who both wanted to

serve on the committee and it was decided couple would share a

vote.

Board of Selectmen -9- July 8, 2002

Cole moved and the motion was seconded by

Arthaud:

* "TO APPOINT TO THE BUSINESS AND ECONOMIC COMMITTEE

ROLFE AND CAROLYN SENNHENN, CARRIE SPEAR, DAVE

NICHOLS, LYDIA AND JACK CLEMMONS, ED STONE, SYLVIA

SPRIGG, BILL LOCKWOOD, DAVE SCHERMERHORN, LAMBERT

LUSSIER, JOSIE LEAVITT, BILL RATTNER, SPIN

RICHARDSON AND HOLLY BOARDMAN WITH THE CLAUSE THAT

IN THE CASE OF COUPLES THEY REPRESENT ONE VOTE."

Vote: All in favor.

The Burns/West Village Committee was not appointed.

Having no further business, Chairman Russell

moved:

* "TO ADJOURN."

Vote: All in favor.

The meeting was adjourned at 11:43 p.m.

Minutes submitted by:

Debby Flynn