Board of Selectmen August 9, 1999
TOWN OF CHARLOTTE
BOARD OF SELECTMEN
MINUTES
AUGUST 9, 1999
MEMBERS PRESENT: Chairman Marty Illick
Robert Mack, Jr.
John Rosenthal
James Sheldon-Dean
Clark Hinsdale, III
OTHERS: Dennis Vane
Samuel Bloomberg
Judith Kelly
David Kelly
John Stuart
Charlie Prout
Nancy Sabin
Stephen C. Brooks
Linda Radimer
Shawn Sweeney
Loranne Turgeon
Sylvia Sprigg
Nancy Calcagni
Don Brush
Jim Laberge
Sandy Mayo
John Hammer
Leslie Lewis
Hugh Lewis, Jr.
Richard LeBoeuf
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 JULY 26, 1999
Chairman Illick asked if the board wished to approve the minutes
of the Selectboard meeting of July 26, 1999. Illick noted the
following corrections: on page 2, Illick requested 18 white
cedars from Thompson's Point for Lewis Creek, and the
Selectboard approved her request to ask Larry Hamilton, the Tree
Warden, for permission to proceed and the board members approved
her request; Also on page 2, Stephen Brooks and Didier Murat
discussed gifting the town with two foot bridges for the town
green, and Murat suggested a guest log book at Demeter Park. On
page 4, in the third paragraph, noting the town had received a
letter from the state giving the go-ahead and granting $100,000.
for the pedestrian underpass and trail network along Route 7.
On page 6, to amend the motion to set the rate of pay for
Marlene Mansfield at $12. per hour, and note that Mack discussed
Board of Selectman -2- August 9, 1999
his reasons for not signing the bill for repair of the fence
that was hit by a bushhog, and Rosenthal wanted to add (on page
5) that Clark Hinsdale had attended the meeting with him and
LeBoeuf.
Mack moved and the motion was seconded by
Sheldon-Dean:
* "TO APPROVE THE MINUTES JULY 26, 1999
SELECTBOARD MEETING WITH THE NOTED CHANGES."
Vote: All in favor.
Illick said she wanted to add to the agenda at the end of the
meeting Charlotte Fire and Rescue Squad's request for a building
fee waiver and litigation with the town and Charlotte Farm and
Mills.
PUBLIC DISCUSSION
Nancy Sabin said she felt there should have been more coverage
in the minutes on setting the tax rate.
Dennis Vane said he had some concerns with the Planning and
Zoning Administrator's knowledge of issues pertaining to his
position and that he felt his request to install a swimming pool
had taken too long. Illick suggested he put his thoughts in the
form of a letter to the board.
PUBLIC HEARING - REQUEST FOR RECONSIDERATION BY JUDY KELLY RE:
SELECTBOARD JULY 8, 1999 DECISION
Sam Bloomberg, the Kellys' attorney, reviewed his reasons why he
felt the Selectboard had made an erroneous interpretation in the
factors arriving at their decision to revoking the Kellys'
septic permit, particularly in their finding of facts.
Illick asked if all parties were ready to proceed in a hearing.
Charlie Prout said he understood what was on the agenda was to
set the date for a hearing and he had not brought counsel or
engineers as witnesses. Prout did say he was in favor of
reopening the hearing and would provide letters as evidence in
his side of the case..
Hinsdale reviewed the reasons why the Kellys were dissatisfied
with the previous hearing: that the Kellys didn't agree with the
boards findings of fact and that not all board members were
present in all parts of the hearing and in the final decision.
Rosenthal moved and the motion was seconded by
Mack:
* "TO GRANT THE REQUEST FOR RECONSIDERATION BY THE
KELLYS."
Vote: All in favor.
Board of Selectman -3- August 9, 1999
John Stuart, the engineer for the Kellys, said that the findings
of fact were based on information not contained in the
Environmental Protection rules (Section 5) particularly for a
requirement of 48 inches of native soils at one pit at the
septic system site. Stuart said he felt the soils present were
sufficient in the mound system and met the minimum requirement
of 2 feet by the town. Stuart said the soil tests performed on
June 11, 1998 indicate the depth of shale meets design
specifications for mound system requirements and conforms to
Environmental Protection rules and the requirements of the towns
septic rules.
Prout said the Kellys hired Frank O'Brien as an engineer who
concluded the property was undevelopable in 1995 because of poor
septic capability and Judith Kelly then sought to have her taxes
on the property reduced. Prout submitted for the boards review
a copy of O'Brien's report and a copy of another engineer's,
(Chuck Dunham) report. Prout said he had a particular concern
with a 300 foot drainage swale traversing water across the
Kelly's property west onto his property and Prout reviewed a map
of the properties showing the direction of the swale and the
elevation on the Kelly property which rises 25 feet above his
property. Prout said that the application for a septic permit
should have included an easement, which it did not.
Prout reviewed soil reports on the Kelly's property which
describe shale, broken shale decomposing into silt, and clay
soils which do not percolate. Prout said a town engineer should
have dug a test pit and have all parties involved watch.
Judith Kelly acknowledged that early soil test had not been
successful and said she and her husband had spent time working
in Botswana and upon their return they had tried another
location on their property with better results.
Stuart said that the swale part of his septic design he felt was
unnecessary, but was put there at the request of former Zoning
Administrator, Charlie Burnham in order to speed up the permit
process. Stuart described the soils at the site, saying he felt
they were sufficient. Stuart provided reports for the board to
review on soil tests on the Kelly property.
Prout said the swale was part of the application for a septic
permit, which was planned and approved and that the issue for
revoking the permit should be the soils in the area and not the
depth of bedrock. Prout said he felt at a disadvantage not
having a rebuttal witness present on the soils at the site.
Hinsdale moved and the motion was seconded by
Sheldon-Dean:
* "TO CLOSE THE KELLY/PROUT HEARING AT 8 P.M."
Vote: All in favor.
Illick said the board would review the evidence and materials
presented and make a decision in a week.
Board of Selectman -4- August 9, 1999
Hinsdale moved and the motion was seconded by
Sheldon-Dean:
* "TO GO INTO EXECUTIVE SESSION TO DISCUSS THE
KELLY/PROUT ISSUE."
Vote: All in favor.
Executive session ran from 8:02 to 8:22 p.m.
SENIOR CENTER FEASIBILITY UPDATE
Rosenthal said he had met with Kate Bortz and drafted a Request
for Proposals for consultants interested in doing a feasibility
study for a senior center in town to take advantage of the
bequest offered the town in Walter Irish's will. Rosenthal said
he was working on a list of consultants to send the RFP to.
Rosenthal read the RFP, which included assessing the need for a
senior center, costs of potential operation and maintenance of
the center and grants and fundraising available for the project.
Linda Radimer asked the board was intending to use the LeBoeuf
property and wondered about wetlands in that area and whether
the town was looking at other sites. Illick said LeBoeuf had
made an offer of land, but the RFP was not tied to that offer.
LeBoeuf outlined how he was dealing with the wetlands issue in
his proposed housing project. Nancy Sabin asked whether this
issue could be included in the special election in September and
Illick said it would be too soon to consider the issue on what
information would be available at that time.
Hinsdale moved and the motion was seconded by
Mack:
* "TO GO AHEAD WITH THE REQUEST FOR PROPOSALS AS
PRESENTED."
Vote: All in favor.
HUGH LEWIS, JR. - ROAD COMMISSIONER REPORT
Hugh Lewis, Jr. and his wife Leslie, who does the bookkeeping
for Lewis, addressed billing issues for roads. Leslie Lewis
said she often received bills that are unspecific as to what the
invoice is for, what materials were used and how much is being
charged for labor. Illick said she would talk with Town Clerk,
Mary Mead, on the matter.
Illick said she had sat in on a Planning Commission meeting
where a temporary soccer field was discussed which would be used
this fall off of F-5. Illick was concerned about pedestrian
safety in the area, particularly with late afternoon to rush
hour traffic and a speed limit of 50 m.p.h. Illick asked about
signage. Sheldon-Dean suggested Lewis paint a crosswalk with
the proper signage as directed in the manual, working with skip
Sheldon, the MPO and Dean Bloch to be sure the crosswalk was
done properly.
Board of Selectman -5- August 9, 1999
FILMING AT CHURCH HILL ROAD - "WHAT LIES BENEATH" - SHAWN
SWEENEY
Shawn Sweeney introduced his assistant, Jan and discussed the
upcoming filming of the movie "What Lies Beneath" starring
Harrison Ford and Michelle Pfieffer, who were interested in the
filming at the on Church Hill Road, October 9th. Sweeney said
the movie producers had already arranged shooting at Judy and
Ron Williamson's property and wanted intermittent traffic
stopping and road usage at the site. Sweeney said that filming
at the Bessette residence on Hinesburg road was planned for
Friday, October 8th. Sweeney showed a map detailing the sites
involved and where the movie personnel wanted traffic stopped
for both sites and days planned. Sweeney said the intermittent
traffic stops would be 5-10 minutes only and far away from the
sites to avoid engine noise being audible at the filming sites.
Mack asked who would be stopping traffic and Sweeney replied
that Addison County Sheriffs were hired. Illick asked whether
traffic would be stopped the whole day and Sweeney replied they
would break for lunch, but other than that, yes. Illick
addressed her safety concerns in shooting near the elementary
school and activities that might be going on at the school.
Sheldon-Dean discussed his concern with people in the nearby Mt.
Philo Road who wouldn't be able to get to their homes and
businesses and Sweeney discussed compensation for the town.
Sweeney said he had done some work on the recent filming of "Me
Myself and Irene" which was shot partly in Charlotte and the
town was paid $1,000. per day. Mack said he felt that was not
enough money for the inconvenience of the townspeople. Hinsdale
noted that while the state government was inviting film crews to
the state, that the town was being taxed heavily for Act 60 and
their was no real benefit to the town from these filmings.
Rosenthal suggested a compensation to the town of $7,500. for
the first day of filming and $5,000. per day thereafter, not to
exceed five days. Sweeney said he could not approve that high
of a figure and would have to discuss the matter with the film
producers and his last, best offer was $1,000. per day.
Rosenthal moved and the motion was seconded by
Sheldon-Dean:
* "TO ALLOW SWEENEY TO DO WHAT HE WANTS FOR $1,000.
PER DAY AFTER SCHOOL ISSUES HAD BEEN DEALT WITH."
Vote: 4 in favor, 1 opposed (Hinsdale).
Hinsdale moved and the motion was seconded by
Sheldon-Dean:
* "TO AUTHORIZE THE CHAIRMAN TO NEGOTIATE A FIGURE
BETWEEN $1,000. AND $7,500. PER DAY."
Vote: All in favor.
ROUTE 7 RECONSTRUCTION UPDATE
Sheldon-Dean said he had not heard back from the state and had
nothing further to report.
Board of Selectman -6- August 9, 1999
Hinsdale said he had preliminary application approval on a VHEB
grant from Vermont Housing Conservation.
NANCY CALCAGNI - ROAD PAVING PETITION - ONE MILE ROAD
Nancy Calcagni presented a petition signed by 27 One Mile Road
residents requesting paving of the road. Calcagni said there
are 28 houses along One Mile Road and said she had a majority of
residents interested in paving the road, mostly because of dusty
conditions and stated most of the residents who didn't wish to
sign the petition cited a fear of increased speed by drivers if
the road was paved. Illick offered that the next step would be a
public hearing on the issue. Hugh Lewis, Jr. discussed dry and
dusty road conditions due to drought weather conditions
recently. Lewis said he had been putting down chloride to help
aid the situation when possible, but advised that the road needs
to be wet by rain first to apply chloride. Don Brush said One
Mile Road has no crown on it and the crushed stone that has been
laid on it wont stay on the road and that speed is a factor.
Linda Radimer said she felt that drivers were using dirt roads
more to get around Route 7. Hinsdale said this is the first
time in years that the road budget has been in the black.
Sheldon-Dean said after he received a phone call on this issue,
he drove all the dirt roads in town this weekend and One Mile
Road is no worse than any other dirt road and that this year has
been unusually dry and thinks the road crews do a good job.
Board members agreed to schedule a hearing for the Selectboard
meeting on September 13th.
JIM LABERGE - FENCE DAMAGE
Jim Laberge said he had sent a bill to the town for 4.5 hours
labor at $10. per hour for a total of $45. for compensation for
his time when a brushhog took down 250 feet of his fence and his
heifers got loose at 5 a.m. Mack said he had a problem with
paying for people chasing animals and that is why he refused to
pay the invoice and suggested Laberge talk with Woody Emerson
(the brushhog driver). Mack said the fence is hard to see and
suggested that Laberge mark the fence with rooster tail tape and
Laberge agreed to do so. Illick said the town should compensate
for property it is responsible for damaging.
Hinsdale moved and the motion was seconded by
Rosenthal:
* "TO PAY LABERGE $50. AND HAVE HIM FLAG THE FENCE
WITH A ROLL OF RED SURVEY TAPE."
Vote: All in favor.
Rosenthal asked for a 4 minute recess at 9:53 p.m. and board
members agreed.
Board of Selectman -7- August 9, 1999
Illick noted a letter from Stephen Brooks on the 2 foot bridges
he had placed to access the town green. Mack suggested a motion
be made to accept the bridges, but it failed for lack of a
second when Richard LeBoeuf confirmed that the bridges were
placed entirely on his property. Brooks apologized to LeBoeuf
for his error and he would talk with LeBoeuf.
BURNS LAND - MUNICIPAL SEPTIC AND PLAYING FIELD
Wendy Schroeder reviewed a fixed cost proposal by Pinkham
Engineering to do a mapping of the proposed septic and playing
fields on the Burns property that the town is interested in
purchasing. The mapping would be used to illustrate the
proposal to voters for the special town meeting in September.
Hinsdale moved and the motion was seconded by
Rosenthal:
* "TO SIGN THE $13,033. CONTRACT WITH PINKHAM
ENGINEERING FOR THE BURNS PROPERTY."
Vote: All in favor.
Chairman Illick noted that a the board a draft of the notice for
the special town meeting had been prepared by Schroeder. Illick
read the notice.
Hinsdale moved and the motion was seconded by
Sheldon-Dean:
* "TO APPROVE THE DRAFT WARNING OF A SPECIAL MEETING
FOR SEPTEMBER 21 DRAFT AS PREPARED BY WENDY
SCHROEDER."
Vote: All in favor.
Board members signed the meeting warning.
BILL SIGNING/DISCUSSION
Illick noted to board members a letter from Chris Davis on
behalf of Charlotte Fire and Rescue, requesting the Board waive
all fees due to the Town in conjunction with a building permit
fee.
Hinsdale moved and the motion was seconded by
Sheldon-Dean:
* "TO WAIVE THE CHARLOTTE FIRE AND RESCUE BUILDING
PERMIT FEE OF $186.35."
Vote: All in favor.
Board members reviewed and signed bills.
Hinsdale moved and the motion was seconded by
Sheldon-Dean:
* "TO GO INTO EXECUTIVE SESSION TO DISCUSS LITIGATION
WITH CHARLOTTE FARM AND MILLS."
Vote: All in favor.
Board of Selectman -8- August 9, 1999
Executive session began at 10:35 p.m.
Rosenthal moved and the motion was seconded by
Sheldon-Dean:
* "TO COME OUT OF EXECUTIVE SESSION."
Vote: All in favor.
The meeting was adjourned at 11:15 p.m., as the board had no
further business to discuss.
Minutes submitted by:
Debby Flynn