Board of Selectmen August 12, 2002

TOWN OF CHARLOTTE

BOARD OF SELECTMEN

MINUTES

AUGUST 12, 2002

MEMBERS PRESENT: Chairman Charles Russell

Debbie Ramsdell

Paul Arthaud

Ellie Russell

Jennifer Steele Cole

OTHERS: Sylvia Sprigg

Bill April

Susan April

Roger Dumas

Claudia Mullin

Deron Barnes

Bob DellaSanta

Gary Dubray

Bob Ferlazo

Mike Yantachka

Richard LeBoeuf

Thomas W. Williams, Jr.

Bill Bosworth

Ellen Bosworth

Peter J. Coleman

John Hammer

J. Foster

N. Sabin

Chris Davis

Rick Pollack

Christine Forde

Chris Pecor

Larry Hamilton

Clarke W. Hinsdale, Jr.

Stephen C. Brooks

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.

ADJUSTMENTS TO AGENDA

Chairman Russell said there were some IBM employees in

attendance to present a flag to the board and he thought the

board should be updated on the Aube-Hinsdale case later on in

the evening.

Ramsdell noted that the light fixtures outside the Town Hall had

been repaired.

Board of Selectmen -2- August 12, 2002

APPROVE MINUTES OF JULY 22ND AND 29TH MEETINGS

E. Russell corrected on page 3, in the motion to hire the

Selectboard Assistant, the motion should read Senecal-Albrecht

was hire for up to 20 hours per week. E. Russell and Arthaud

corrected on page 4 that Arthaud said that he didn't see the

curb cut as necessary due to hardship. E. Russell corrected on

page 7 in the third paragraph to change the reference to "the

letter" and in the motion on the same page to include "after the

application is complete." Arthaud suggested a grammatical

change on page 3 to read "noting it had already been paid for,"

in reference to Nancy Sabin's question.

E. Russell moved and the motion was seconded by

Ramsdell:

* "TO APPROVE THE MINUTES OF JULY 22, 2002 AS

CORRECTED."

Vote: All in favor.

E. Russell moved and the motion was seconded by

Arthaud:

* "TO APPROVE THE MINUTES OF JULY 29, 2002."

Vote: All in favor.

PUBLIC DISCUSSION

Mike Yantachka present the board with a flag commemorating that

Charlotte residents were the biggest contributors (by town) this

year to IBM's charitable contributions. Yantachka said IBM had

also donated two computers to the Charlotte Children's Center

and the Charlotte Senior Center and presented Chairman Russell

with paperwork reviewing IBM's charitable drive and Charlotte's

contribution.

Peter Coleman asked Arthaud if he had located the paperwork he

said was in his house at the Selectboard meeting February 11,

2002 to back up his allegations made in his mailing to town

residents. Arthaud responded no, we'll move on, I've issued the

proof already.

SET THE TAX RATE

Board members discussed setting the tax rate and decided on

$2.32: with $1.14 being paid to the state for school funding,

$.93 for local schools and $.25 for town municipal costs.

Ramsdell moved and the motion was seconded by

E. Russell:

* "TO SET THE TAX RATE AT $2.32."

Vote: All in favor.

Arthaud noted the tax rate was up 5.14% over the previous year.

Board of Selectmen -3- August 12, 2002

SIGN TAX ANTICIPATION NOTE

Arthaud noted that the town would need to pay money out for the

construction of the Melissa and Trevor Mack Trail and Town

Clerk, Mary Mead answered that she would need a breakdown of how

much money would be needed and when.

E. Russell moved and the motion was seconded by

Ramsdell:

* "TO AUTHORIZE THE TOWN TREASURER TO BORROW

$300,000.00 IN ANTICIPATION OF TAXES."

Vote: All in favor.

Board members sign the note for the loan.

TOWN OFFICES - ANTI-VIRUS SOFTWARE

Mead described the contract that Panurgy has with the town that

allows for two hours per month of service time for the town

computers, but the technician often spends 5 hours dealing with

the problems with a program called "Command." Mead said Panurgy

has recommended putting Norton anti-virus software on instead at

a cost of $952.00 for the software and $1,320.00 for the

installation.

E. Russell moved and the motion was seconded by

Cole:

* "TO CHANGE TO NORTON SOFTWARE AS RECOMMENDED IN

THEIR PROPOSAL TO THE TOWN."

Vote: All in favor.

PUBLIC HEARING - ROUTE 7 IMPROVEMENTS PROJECT

CHRIS PECOR OF DUFRESNE-HENRY

Gary Du Bray, with the state Agency of Transportation introduced

himself and outlined the state's plan for widening Route 7 ,

noting the state has an Act 250 permit and this project survived

recent state budget cuts. DuBray stated the purpose of the

hearing was to take comments from the public on the project.

Chris Pecor with Dufresne-Henry reviewed a large map and charts

illustrating the project and a handout, noting the purpose of

the project was to widen the shoulders in the year 2005 on Route

7 to 8 feet. Stephen Brooks asked what the length of the

project would be in Charlotte and Pecor answered 2.9 miles.

John Hammer asked about the trees on Route 7 by Higbee Road and

Pecor answered they would be preserved. Hammer asked if the

planners for the project had talked to the Tree Warden and Pecor

answered no, but they would be willing to do so.

Nancy Sabin asked about and area of Route 7 that she referred to

a "hell hole" where black ice forms and Pecor reviewed the plan

to take 4 feet of road off at the location to improve sight

distance.

Board of Selectmen -4- August 12, 2002

DuBray discussed wetland adjacent to Route 7, stating it was the

state's plan to work within the National Highway Systems

"rehabilitation guidelines."

Nancy Sabin asked about the entrance to the ball fields on Route

7 and Chairman Russell advised that Sabin was talking to the

wrong people about her concern.

Claudia Mullin asked about the schedule for Shelburne Road and

DuBray reviewed it.

Arthaud asked about the right-of-ways for driveways and DuBray

reviewed the policy.

Roger Dumas, who works for the state Agency of Transportation

regarding titles and Rights-of-ways reviewed his handout. Dumas

reviewed the right-of-way process and compensation to

landowners, compensation hearings and if the above are

unsuccessful; condemnation of property.

Hammer asked what the time frame for the compensation was and

Dumas showed the time line.

Arthaud asked about buying the property by Higbee Road instead

of adjusting the road around it and Nancy Sabin said it is a

historic building and the state can't make any changes to the

house.

Sylvia Sprigg asked about houses that have 2 driveways and Dumas

outlined situations where 2 driveways are permitted.

CHRIS DAVIS - FIRE STATION FOLLOW-UP AND LANDSCAPING

Fire Chief, Chris Davis reviewed with board members his handout

on items to complete the Fire Station, noting the board has

asked him to get estimates for work to be done. Davis noted a

new member of the squad had offered to provide stone to the

station at cost. Davis discussed shutter costs for the station

with various grades of quality and which items on his list could

be deferred to a later date.

Tree Warden, Larry Hamilton noted some conifer trees that could

be available to the station for free and Davis said they might

be an idea for the east side of the property.

Arthaud asked which line items had been committed to contractors

and Davis reviewed.

Stephen Brooks suggested that fundraising for some of the items

on the list be done in the community. Rick Pollack noted the

station was already planning to fundraise to get defibrilators

out in the community.

Sylvia Sprigg said she thought the Fire and Rescue Department

has been nickeled and dimed for years, they had to cut back on

their original building plans and it was irresponsible to keep

shaving their budget.

Board of Selectmen -5- August 12, 2002

Arthaud said he agreed with Brook's idea for fundraising and

said he knew who to call to get it started.

Chairman Russell reviewed was essential in the handout. Pollack

noted the Fire & Rescue Department recently had their corporate

meeting and noted the Department needed more beds and

furnishings for their crew.

Arthaud reviewed what was approved for the Department at Town

Meeting and wondered how much town money was in surplus.

Arthaud and Chairman Russell agreed that a penny on the tax rate

for the Department was appropriate.

E. Russell moved and the motion was seconded by

Arthaud:

* "TO AUTHORIZE THE FIRE AND RESCUE DEPARTMENT TO

IMPLEMENT THE INITIAL $32,350.00 AS THE NOTED

PRIORITIES DESIGNATED."

Vote: All in favor.

TREE WARDEN UPDATE - LARRY HAMILTON

Tree Warden, Larry Hamilton discussed his letter to the board

about Thompson's Point and his meeting with Green Mountain Power

about trees on Prindle Road. Hamilton asked that in the future

the Tree Warden be notified of any tree cutting along a town

road.

Hamilton reviewed a violation by the French's on Thompson's

Point and what he felt should be done to repair the situation.

Hamilton asked the board to back him up in his recommendation.

Hamilton noted he and the Zoning Administrator would put out a

letter to Thompson's Point renter concerning the town's policies

on tree cutting and added the usual excuse by renters when they

are in violation of town ordinances is that they did not know

any better.

E. Russell moved and the motion was seconded by

Cole:

* "TO AUTHORIZE THE TREE WARDEN TO TAKE APPROPRIATE

ACTION."

Vote: All in favor.

REQUEST BY CLARK HINSDALE, JR. TO HAVE TOWN DISCONTINUE

THORTON'S TRACE

Clark Hinsdale, Jr. said he had gone before the Planning

Commission twice about his plans to move the barn locating in

his application for a Large Farm Permit. Hinsdale said he and

his son were looking for feedback from the Planning Commission

about the new plan and noted he'd received a better reception

from the neighbors on his plan to relocate the barn and manure

pit.

Arthaud asked Hinsdale about the soil testing at the site and

Hinsdale replied that testing showed the second plan had better

soils for the plan.

Board of Selectmen -6- August 12, 2002

Arthaud asked about seepage with clay soils and Hinsdale

reviewed why he believed that clay makes the best seal on a

manure pit.

Arthaud said the board can't make a decision to throw up

Thorton's Trace (allowing Hinsdale to relocate the proposed barn

and manure pit), because Hinsdale hasn't made a firm decision on

where he wants to locate the barn and pit.

E. Russell said she would follow up with the Planning Commission

on their recommendation.

Daniel Senecal-Albrecht reviewed the procedure to throw up a

road, noting it could take 30-90 days to do so. Arthaud said

the matter was listed on the agenda as a discussion and that the

board could not act on the decision this evening.

Hinsdale said he would like Thorton's Trail thrown up regardless

of where the new barn and pit would be located. Hinsdale said

there was a pond right in the middle of Thorton's Trace with

land in conservation and to the best of his knowledge there was

no evidence the trail even exists.

Chairman Russell asked if the trail could be moved and Hinsdale

replied that One Mile Road connects the same areas as Thorton's

Trace is supposed to and suggested a trail could be put along

that road.

Arthaud suggested the board do a site visit. E. Russell asked

Hinsdale why he wanted the road thrown up and Hinsdale responded

that he didn't want to pick up the trash from people using the

trail and offered that one aluminum can kill a cow if ingested.

Hinsdale said Charlotte does not have a trail management system

and he did not know where the trail is.

Chairman Russell showed Hinsdale a map of the trail and Hinsdale

said there are no signs on the ground that there is a trail

there. Chairman Russell said the board would have to warn the

agenda item to make a motion on the issue and advised the matter

would be on the next agenda.

FILL PLANNING COMMISSION VACANCY

Ramsdell moved and the motion was seconded by

Cole:

* "THAT WE APPOINT GENE DIOU TO BE ON THE PLANNING

COMMISSION FOR THE TERM ENDING IN 2004."

Vote: All in favor.

BURNS PLANNING - APPOINT COMMITTEE

E. Russell reviewed her list of candidates for the Burns

Planning Committee.

Board of Selectmen -7- August 12, 2002

E. Russell moved and the motion was seconded by

Ramsdell:

* "THAT WE APPOINT CHARLES RUSSELL TO REPRESENT THE

SELECTBOARD ON THE BURNS PLANNING COMMITTEE."

Vote: 4 in favor, 1 abstained (C. Russell).

E. Russell moved and the motion was seconded by

Ramsdell:

* "THAT WE APPOINT JOHN OWEN, MOE HARVEY, DANA FARLEY,

DEE PIERCE, AL MORASKA AND JIM DONOVAN TO THE BURNS

PLANNING COMMITTEE."

Vote: All in favor.

HOLCOMB HOUSE

Cole said the Holcomb property (adjacent to the library) was

recently put on the market and suggested having a committee look

into obtaining the property. Cole said she would look into

assembling a committee to look into the matter and Ramsdell said

she would talk with the Charlotte Land Trust and the library

board.

THOMPSON'S POINT AG. LEASES

Cole reviewed that 2 subleases had been returned to the board

from the town attorney's office and reviewed the contents of

those leases.

Arthaud moved and the motion was seconded by

Ramsdell:

* "THAT WE AUTHORIZE JENNY COLE TO BE THE SELECTBOARD

REPRESENTATIVE TO AUTHORIZE AND EXECUTE THE LEASES

AT THOMPSON'S POINT."

Vote: All in favor.

NORDIC FARMS TRAIL EASEMENTS

Arthaud said he had spoken with Davis Charrington about the town

exercising the right to gain access to trails on Nordic Farms

and Arthaud said he would follow up with Davis and believed

David Miskell had a map of the trails, Senecal-Albrecht said he

would follow up with the issue and get the paperwork. Chairman

Russell advised the issue needs to be resolved before the land

is sold.

SPEAR'S STORE TURNOUT PAVING

Chairman Russell advised that he had been contacted by the Road

Commissioner that the Spears want to pave by their store at

their cost when the paving company hired by the town is in their

area. Chairman Russell asked if the board would like to be

reimbursed and board members agreed.

Board of Selectmen -8- August 12, 2002

Arthaud moved and the motion was seconded by

E. Russell:

* "TO GO INTO EXECUTIVE SESSION TO DISCUSS THE

AUBE-HINSDALE MATTER."

Vote: All in favor.

E. Russell moved and the motion was seconded by

C. Russell:

* "TO COME OUT OF EXECUTIVE SESSION."

Vote: All in favor.

Executive Session ran from 10:48 to 10:58 p.m. Chairman Russell

reported no action was taken in Executive Session.

SIGN WARRANT AND BILLS

Board members signed warrants and bills.

Ramsdell said she would follow up with Ann DeMuth about her

billing for hours and mileage.

Having no further business, Chairman Russell

moved:

* "TO ADJOURN."

Vote: All in favor.

The meeting was adjourned at 11:00 p.m.

Minutes submitted by:

Debby Flynn