Board of Selectmen July 22, 2002

TOWN OF CHARLOTTE

BOARD OF SELECTMEN

MINUTES

JULY 22, 2002

MEMBERS PRESENT: Chairman Charles Russell

Debbie Ramsdell

Paul Arthaud

Ellie Russell

Jennifer Steele Cole

OTHERS: Stephen C. Brooks

Hugh Lewis, Sr.

Nancy P. Sabin

John Hammer

Helen Philippe

Hugh Lewis, Jr.

Carrie Spear

Mike Spear

Sue Richardson

Sam Essex, Jr.

Jean Pecor

Dale Knowles

Clark Hinsdale, Jr.

Gene Diou

Shawn Bedard

David Van Buskirk

Elizabeth Van Buskirk

Sylvia Sprigg

Jack Galt

Peter Joslin

Paula Joslin

Eddie Krasnow

Carol Moses

Bonnie Bly

Bill Bly

Roger Teese

Bill Leckerling

Jody Baker

George Darling

David Ziegelman

Conrad Huskey

Nancy Goodrich

Bill Whitby

Steve Kantor

Daniel Senecal-Albrecht

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 22, 2002

ADJUSTMENTS TO AGENDA

E. Russell said she wanted to discuss the status of some lapsed

dog licenses and update the board on Planning and Zoning issues.

Stephen Brooks said he wanted to discuss dry hydrants in town.

APPROVE MINUTES OF JUNE 24TH AND JULY 8TH MEETINGS

E. Russell moved and the motion was seconded by

Arthaud:

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

CORRECTED (AT THE JULY 8, 2002 MEETING)."

Vote: All in favor.

E. Russell corrected on page 2 that she has wanted to discuss

the plans for the town party and not "finalize" them. Arthaud

corrected on page 2 the reference to R. Russell should be "E.

Russell" and on page 3, Arthaud asked that Phase I of the

Recreation Path be named the "Melissa and Trevor Mack Trail" and

not "Path." Arthaud also corrected the spelling of Marty Abair

on page 7 and under OTHER BUSINESS that he had stated rather

than reviewed the wishes of Richard LeBoeuf. Cole clarified on

page 5 that Hinsdale was attending the meeting to update the

board on the Large Farm Permit.

Arthaud moved and the motion was seconded by

E. Russell:

* "TO APPROVE THE MINUTES OF JULY 8, 2002 AS

CORRECTED."

Vote: All in favor.

E. Russell moved and the motion was seconded by

Arthaud:

* "TO APPROVE THE MINUTES OF JULY 15."

Vote: All in favor.

PUBLIC DISCUSSION

Stephen Brooks asked about the meeting minutes, agendas and

notices of town commissions and committees, noting the

Recreation Committee canceled their last meeting and it is

unclear when their next meeting would be. Brooks suggested the

Selectboard write a letter to town boards. E. Russell said the

town needed to have town boards follow the open meeting law and

Chairman Russell said letters would go out that week.

Nancy Sabin asked about the bike races that had been discussed

at the July 8, 2002 meeting and E. Russell responded that she

had talked with Rayne Herzog of the Shelburne Athletics Club and

he gave her a schedule of upcoming races, he provides a

Certificate of Insurance to the town for races and notifies the

Road Commissioner and Town Constable and he has race officials

posted for every event. Sabin asked if the Club had been given

permission by the town for the races.

Board of Selectmen -3- July 22, 2002

E. Russell moved and the motion was seconded by

Arthaud:

* "TO ALLOW THE SHELBURNE ATHLETIC CLUB TO RUN THEIR

RACES THROUGH OUR TOWN AUGUST 3 AND 17 AND SEPTEMBER

1, 2002 THROUGH OUR TOWN."

Vote: All in favor.

Sabin asked how much it was costing the town to have the town

attorney check the legality of the Town Plan, noting that had

already been paid for once. Chairman Russell reviewed that an

attorney had claimed the town's telecommunication ordinance was

not legal and E. Russell added the reason for the 1,500 foot set

back for communications towers is not given in the ordinance.

Arthaud suggested discussing the matter at another meeting.

HIRE SELECTBOARD ASSISTANT

E. Russell moved and the motion was seconded by

Ramsdell:

* "TO EMPLOY DANIEL SENECAL-ALBRECHT AS AN ASSISTANT

TO THE SELECTBOARD EFFECTIVE IMMEDIATELY AT A RATE

OF $17.00 PER HOUR AND 20 HOURS PER WEEK."

Vote: All in favor.

E. Russell suggested that assignments to Senecal-Albrecht by

board members be made through the Chairman.

Daniel Senecal-Albrecht introduced himself to the attendees and

reviewed his experience which would lend itself to the position.

Chairman Russell asked Road Commissioner, Hugh Lewis, Jr. if he

had a paving update and Lewis said he had no paving dates yet

from the contractor. E. Russell suggested Lewis call the

contractor. Ramsdell discussed at downed road sign with Lewis

and he said he would attend to the situation. Nancy Sabin noted

a missing sign from the underpass and thanked Lewis for mowing

by the covered bridge by the lake.

JEAN PECOR - HORSE FARM ON GREENBUSH ROAD & AMENDMENT TO

CONSERVATION EASEMENT

Jean Pecor outlined her plans to move a building envelope on her

property on Greenbush Road where she owns a horse farm. Pecor

reviewed maps of where the building was and where it will be and

noted the Vermont Land Trust has given preliminary approval to

her plans. Pecor reviewed where the septic system and roads

used on the property were located. Chairman Russell suggested

Pecor ask the Town Planner if she needs a conditional use

permit.

E. Russell moved and the motion was seconded by

Ramsdell:

* "THAT THE SELECTBOARD APPROVE THE FIRST AMENDMENT OF

THE GRANT OF DEVELOPMENT RIGHTS AND CONSERVATION

RESTRICTIONS DRAFTED BY THE VLT AND REQUESTED BY

JEAN PECOR AND DIRECT THE CHAIR OF THE SELECTBOARD

TO SIGN THE FINAL VERSION."

Vote: All in favor.

Board of Selectmen -4- July 22, 2002

SAMUEL ESSEX, JR. & SUE RICHARDSON - SECOND CURB CUT STATE PARK

ROAD

Chairman Russell noted the board had recently done a site visit

to Richardson and Essex's property. Arthaud he didn't see the

curb cut requested as being necessary and showing the "duly lack

of hardship" required in the town's policy on curb cuts. Cole

asked what the policy was and E. Russell explained.

E. Russell moved and the motion was seconded by

Ramsdell:

* "THAT THE SELECTBOARD APPROVE THE SECOND CURB CUT

FOR SUE RICHARDSON AND SAM ESSEX, JR. ON STATE PARK

ROAD."

Vote: All opposed.

Ramsdell offered the board members felt the temporary curb cut

would be reasonable.

E. Russell moved and the motion was seconded by

Ramsdell:

* "THAT THE SELECTBOARD APPROVE A TEMPORARY CURB CUT

THROUGH CONSTRUCTION OF THE SEPTIC SYSTEM AND GARAGE

FOR SUE RICHARDSON AND SAM ESSEX, JR. ON STATE PARK

ROAD TO BE OVERSEEN BY THE ZONING ADMINISTRATOR."

Vote: All in favor.

GENE DIOU - INTERVIEW FOR PLANNING COMMISSION VACANCY

Gene Diou outlined his relevant experience that would be

applicable to being a member of the Planning Commission. E.

Russell asked if Diou had been to any Planning Commission

meetings and Diou answered yes, 2. Diou reviewed his opinions

on development. Ramsdell asked Diou how long he had lived in

Charlotte and Diou answered 2 years.

Ramsdell noted that the next issue of the Charlotte News would

be coming out on July 25, 2002 and there would be an ad listing

for the vacancy, and it would only be fair to see if there would

be other applicants.

Brooks asked how Diou would feel if Charlotte still looked rural

100 years from now and Diou answered "that's why we moved here:

open space."

Sylvia Sprigg asked Diou about whether he would encourage

affordable housing and Diou responded that things have to be

good as well as needed and that he had yet to read the Town

Plan. Chairman Russell said the board would have a decision on

the vacancy in August.

JACKSON HILL ROAD PAVING- SPEAR'S STORE PULL-OFF

E. Russell noted there had been a request for paving of the

parking area by Spear's Store at an approximate cost of

$1,400.00. Ramsdell asked Road Commissioner, Hugh Lewis, Jr.

what he thought. Lewis answered that if the town paved for one

Board of Selectmen -5- July 22, 2002

business they should do it for everyone. The board and Lewis

discussed the paving that was done by the Old Brick Store and

Lewis clarified that the side of the road used to wash out at

that location and paving that spot in the long run saved the

town money and the Jackson Hill Road site has always been taken

care of by the store owner. Mike Spear suggested his business

would be willing to split the cost of paving the parking lot

with the town and claimed at a survey showed that 7/8 of the

parking lot is in the towns right-of-way.

E. Russell and Arthaud said they were worried about the

precedence that would be set if the board agreed to the paving.

Ramsdell moved and the motion was seconded by

Cole:

* "THAT THE TOWN PAY FOR ONE-HALF OF THE PAVING AT

SPEAR'S STORE AT A COST NOT TO EXCEED $800.00."

Vote: 2 in favor (Cole, Ramsdell), 3 opposed.

UNLICENSED DOGS UPDATE

Dogcatcher, Dale Knowles said the Town Clerk had given him a

list of dog licenses that were not current, and that most on the

list of dog owners had disconnected phones and one of owners had

a tragedy this month and consequently he didn't want to bother

the owner about that right now. Knowles said he was going after

the owners with the most unlicensed dog first, but most of the

owners when he talks to them are compliant and a few of the dogs

on the list are deceased.

Knowles reviewed with the board 2 young motorcyclists that were

doing stunts and driving too fast the previous night. No action

was taken by the board.

OLD/UNUSED TOWN COMPUTERS

Stephen Brooks said that 2 computers the town owns, but are

out-of-date are going upstairs in the Town Hall for storage and

he was wondering if he could borrow the computers. Arthaud

suggested that a private person borrowing town equipment might

set a bad precedent and suggested instead that Brooks buy the

computers from the town. John Hammer suggested that the Senior

Center could better use the computers. Ramsdell said she would

look into the Senior Center using the old computers.

CHARLOTTE PARK OVERSIGHT UPDATE

Arthaud said he had hired Steve Denton to do mowing and gravel

work on a town path as the first contractor he hired never

showed up. Arthaud noted since Norm Pellett had resigned from

the Park Oversight Committee there was a spot open on that board

and reviewed final work to be done on the Melissa and Trevor

Mack Trail.

Board of Selectmen -6- July 22, 2002

MISCELLANEOUS

Ramsdell said she talked with Kate Lampton to see if her group

might be interested in the Holcomb property (abutting town land)

once it goes on the market, and Lampton said her group had other

projects they were working on and Ramsdell said she would talk

to the Charlotte Land Trust. Ramsdell noted she had talked with

the Town Planner, who said the property was not a wetland and

Arthaud said he would ask Marty Abair about the wetland issue.

Ramsdell noted the lights out in the Town Hall parking lot had

not been fixed and she discussed the matter with Gary Thibault

who would be working on the problem. Ramsdell discussed mowing

on Ferry Road and said she would be following up with safety

issues at the intersection of Ferry Road and Route 7.

Brooks asked that the following be read into the record and

included in the minutes: The transportation capital bill

(H.764) that passed in June contains the following language: The

General Assembly finds that the installation of roundabouts at

dangerous intersections in the State has been cost efficient,

and has enhanced the safe operation of vehicles at these

locations. The Agency of Transportation is directed to

carefully examine and pursue the opportunities for construction

of roundabouts at intersections determined to pose safety

hazards for motorists.

E. Russell noted the Hinsdales had agreed to a site review plan

for their property.

HINSDALE LARGE FARM OPERATION - LETTER TO AG COMMISSION FROM

SELECTBOARD

E. Russell reviewed the most recent changes to her draft of the

letter from the Selectboard to the Commissioner of Agriculture

on the Hinsdale's Large Farm Permit application. Arthaud read

the letter aloud and copies of the draft were distributed to

attendees.

Sylvia Sprigg and Nancy Sabin suggested some wording changes to

the draft. Jack Galt asked if the application was complete and

Arthaud responded he thought it was a few weeks off.

Bill Leckerling said in the last sentence of the first paragraph

of the letter he suggested that town input should be required

rather than suggested.

Chairman Russell answered that what Leckerling was suggested was

in the power of the Legislature. Leckerling said the

Commissioner of Agriculture can promulgate the regulations

regarding Large Farm Permits.

Eddie Krasnow said the town had the option of saying they were

in favor of granting the permit or were in favor of it if

certain concerns were met and the townspeople just want to be

sure this operation will be safe. Jack Galt added that the

letter could be changed to say that Phase I of the plan is

consistent with town goals providing it meets certain criteria.

Board of Selectmen -7- July 22, 2002

There was a discussion of various forms of wording to outline

the townspeoples' concerns about safety, water and pollution

issues.

Jack Galt said the design for the manure pit design allowed for

1,000 gallons per day of seepage, he did not consider that to be

safe and he didn't think that was what the town residents

understood when they approved the Town Plan in March.

Chairman Russell said the board's biggest concern was pollution

and so they asked for more monitoring of the site. Arthaud said

he had talked with Clark Hinsdale, III and Hinsdale had asked

that the neighbors water be tested to have a baseline on the

current situation and Hinsdale wondered if another nearby farmer

may be contributing to current pollution in the area. E.

Russell said the issue is if you want agriculture in Charlotte,

than you have to state your areas of concern to the Commissioner

of Agriculture. Chairman Russell commended E. Russell for her

work on the many drafts of her letter. E. Russell said the

board would review the changes in wording to her letter

suggested at this meeting.

Arthaud suggested the board wait until their next meeting to

make a decision on the letter. Peter Joslin asked that the

board wait until the permit application is complete to send the

letter. Jack Galt added that would allow the neighbors of the

farm to gather more data on safety issues.

E. Russell moved and the motion was seconded by

Ramsdell:

* "TO APPROVE THIS LETTER AS CORRECTED AND NOT SUBMIT

THE LETTER UNTIL THE TEN DAY TIME FRAME THAT THE

APPLICATION IS COMPLETE."

Vote: All in favor.

Clark Hinsdale, Jr. said he had another proposal and showed a

map of his revised plan; moving the manure pit away from the

majority of the neighbors of the farm. Hindsdale noted this

plan would require that a trail be thrown up by the town and he

was formally asking for this to happen. Hinsdale acknowledged

that this new plan would require new pit approval and testing of

the new site, but the Hinsdales were trying to listen to the

wishes of their neighbors, most of whom had cited location of

the pit as the biggest issue.

Peter Joslin said safety was the most critical issue. David Van

Buskirk discussed his concerns about water supplies in the area.

Arthaud said the next step was to look at manure pit liners and

other safety issues and he would be willing to throw up the

trail to look at other options for locations of the pit.

OTHER BUSINESS

Stephen Brooks noted that no violations have been issued by the

Zoning Administrator in a year regarding dry hydrants and

wondered who is responsible should something happen.

Board of Selectmen -8- July 22, 2002

SIGN WARRANT AND BILLS

Board members signed warrants and bills.

E. Russell said she had asked the Recreation Committee to close

their separate bank account and make transactions through the

town offices.

Having no further business, Chairman Russell

moved:

* "TO ADJOURN."

Vote: All in favor.

The meeting was adjourned at 10:09 p.m.

Minutes submitted by:

Debby Flynn