Board of Selectmen September 16, 2002

TOWN OF CHARLOTTE

BOARD OF SELECTMEN

MINUTES

SEPTEMBER 16, 2002

MEMBERS PRESENT: Chairman Charles Russell

Debbie Ramsdell

Paul Arthaud

Ellie Russell

Jennifer Steele Cole

OTHERS: Stephen C. Brooks

Nancy Sabin

Peter J. Coleman

Ken Couture

Michael Burke

Allen Karnatz

John Hammer

Richard LeBoeuf

Hugh Lewis, Jr.

Al Moraska

Gordon Troy

Carl Cole

Larry Hamilton

Marty Illick

Tom Kenyon

Shawn Bedard

Sylvia Sprigg

Rookie Manning

Shirley Bean

Jeff McDonald

Clark Hinsdale, III

Walter Gates

Bruce Bushey

Heather L. G. Manning

Rick Pollack

Pete Munsell

Chris W. Davis

Robert Mack, Jr.

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 he had been advised that the people

representing the Senior Center wanted to be on the agenda at

9:00 p.m., so he suggested swapping their time slot with the

Thorp Barn agenda item. Chairman Russell said he wanted to add

to the agenda the letter regarding the Flea Market. Arthaud said

he had a number of issues to discuss, but thought that all or

most of them could be covered under the agenda item of

Selectboard updates.

Board of Selectmen -2- September 16, 2002

E. Russell suggested discussing the dry hydrants issue.

Chairman Russell suggested moving the signing of warrants and

bills to the end of the meeting. Nancy Sabin suggested that a

discussion of viewsheds could go under the 8:25 p.m. agenda

item.

APPROVE MINUTES

Arthaud corrected that the Nordic Trail is owned by the

Conservation Fund and not the Demeter Fund. Stephen Brooks

suggested in the discussion of stationery for town boards that

the boards could use their own letterhead and different

addresses, adding: "other than the town hall," and adding "send

a letter" to the discussion of the town's interest in the

Holcomb house.

E. Russell moved and the motion was seconded by

Cole:

* "TO ACCEPT THE MINUTES OF AUGUST 26, 2002 AS

CORRECTED."

Vote: All in favor.

PUBLIC DISCUSSION

Stephen Brooks asked what the status was on resting the historic

sidewalk on Ferry Road and Chairman Russell responded there was

none to date as the board would need to see a photo of the

original condition of the sidewalk in order to restore it and he

had asked Richard LeBoeuf to provide a photo. Chairman Russell

added the stones were not going anywhere and the board's

intentions for the sidewalk have not changed. Robert Mack, Jr.

said the stones being discussed were 5 feet in the ground and

used to stabilize a culvert and he never saw a sidewalk at that

location. Chairman Russell added that is why the board

requested a photo.

Brooks asked about brushhogging at Barber Hill and Mack

responded he would get to it. Brooks claimed that the letter

send to town boards on getting meeting notices and minutes

available to the public had done no good. Chairman Russell said

he did not concur with that statement and said he thought that

progress had been made with town boards on the issue.

Mack asked how much the town had paid for paving the Senior

Center and Fire and Rescue Department's parking lots had cost

and Chairman Russell said $32,000.00 and the money came from the

funds left over from the sewer project.

Chairman Russell asked Richard LeBoeuf if he had a photo of the

that was sidewalk by his property on Ferry Road and LeBoeuf said

he did not. Chairman Russell discussed his site visit to

LeBoeuf's property with Steve Denton and told LeBoeuf that

Denton would be contacting him.

Board of Selectmen -3- September 16, 2002

FLEA MARKET DISCUSSION

Chairman Russell said the board had received a letter from a

woman who wants to be added to the contract with the town

leasing land to Larry Lavalette for a flea market. Arthaud

noted that Lavalette is in the hospital. Brooks said he had

talked with Lavalette about an hour before and would provide

Arthaud with the phone number at the hospital and Arthaud said

he would visit Lavalette at the hospital and get a signature

from him to renew his contract.

QUIT CLAIM DEED (PIERCE PROPERTY) ALAN KARNATZ & CARL COLE

Attorney Joe McLean said he had not had time to review the Quit

Claim Deed for the Pierce property. Carl Cole said he was

representing John and Irene Pierce as their attorney is in

Italy. Cole said that about 25 acres of the property in

question is leased from the town and Alan Karnatz added that in

these cases the leased property would have to be Quit Claimed or

conveyed from the town. E. Russell asked why the town should

consider Quit Claiming land it was intending to but and Karnatz

replied that the land is still on the books that way and needs

to be cleaned of the town records because the state Legislature

had these leased lands such as the Pierce's taken off the books.

Arthaud said he was not interested in relinquishing town lands

and Mclean noted the town has an interest in these lands.

Chairman Russell and the board said the matter should go on the

next agenda, which would give counsel time to review the issue.

DRY HYDRANTS DISCUSSION

E. Russell discussed out of service hydrants and the

recommendation of the Planning Commission. Chairman Russell

reviewed with McLean that 7 letters were sent out by the Zoning

Administrator and the Fire Chief last year outlining the

problems with the hydrants and what was needed to bring them

into compliance. McLean suggested that the board make a

recommendation to the Zoning Administrator as his employer of

how to handle the situation and that McLean would review the

issue further.

MAILBOX REIMBURSEMENT

Arthaud reviewed a letter from a town resident seeking

reimbursement for damage from a vehicle colliding with a

mailbox. McLean offered that the town is not responsible for

reimbursement, but rather the question is whether the town could

seek reimbursement. Cole said she checked the location of the

mailbox and the regulations for postal box installation and the

box was installed correctly. There was a discussion of

mailboxes in town being installed too close to roads and in the

town's right-of-way. The board decided to ask Selectboard

Assistant, Dan Senecal-Albrecht to draft a letter to the

complainant and have McLean review it.

Board of Selectmen -4- September 16, 2002

GMP - FERRY ROAD AND GREENBUSH ROADS POLE REPLACEMENTS

Chairman Russell reviewed a letter the board had received

concerning utility poles being replaced with larger poles on

Greenbush and Ferry Roads to allow for more utilities to be

offered to town residents. Representatives of GMP, Bruce

Bushey, Ken Couture and Mike Burke were in attendance to answer

questions from the board and the public.

John Hammer suggested that the board get an understanding with

GMP on how trees would be trimmed along roadsides, adding he

thought they had been too aggressive in their trimming recently.

Chairman Russell asked the GMP reps about cutting and Mike Burke

answered that 1 tree would need bracing by a pole.

Larry Hamilton raised the issue of whether cable television was

needed at all.

Mack asked if the new poles would go through the cemetery and

discussed an easement on his father's property with Mike Burke.

Burke said he would prefer to maintain lines from the road.

Mack stated his father simply didn't want the word "forever" in

the easement. Arthaud asked if this matter could be resolved

and Mack said he thought so.

Marty Illick noted that the Town Plan has been changed and asked

if the staff at GMP had reviewed it. Ken Couture asked what the

Plan stated and Gordon Troy reviewed the changes in the new

Plan, noting the plan called for new power lines to be buried

underground. Bruce Bushey said his office had never received

notification of the Plan change.

Chairman Russell asked why larger poles were needed and Couture

answered that the Public Service Board has directed them to

extend service of utilities to more rural areas and larger poles

were needed to allow for required spacing between different

utility lines and about half of the current poles along that

line no longer meet national electrical service specifications.

Illick stated although she new it was a big investment for GMP

that the lines should be going underground. Couture responded

that the work on Ferry Road alone would cost $125,000.00 and the

cost to put the same lines underground would cost 8 to 10 times

that figure and would not include service to homes. Couture

added that GMP can't spend their ratepayer's money all on 1 town

and only benefit a fraction of their customers and noted their

rates are set by the Public Service Board as well as their

capital budget and suggested the town might review the matter

with the PSB.

Arthaud asked what kind of leases were being entered in with

other utilities and Couture described some scenarios. Couture

added that their work in town was a good project and they're

getting rid of some older poles that needed replacing and said

they did not know they needed a permit for the work they are

doing, as they believed it was a state road they were working

along. Bushey said GMP had no idea about the underground

requirement in the Town Plan.

Board of Selectmen -5- September 16, 2002

Hamilton added that in Europe buried utility lines have been

shown to pay for themselves in lowered maintenance costs.

McLean noted there are considerations of Federal law, Act 250

and Title 30 of Vermont State Statutes and local zoning all

coming to play in this issue. The PSB has issued an order to

Adelphia to extend service in some locations and GMP is required

to accommodate Adelphia on their poles and the authority

municipal bodies to regulate these activities is then limited

and local zoning is preempted by the PSB. McLean discussed

readdress and remedies if a person is not satisfied. Chairman

Russell said the board will review the matter and put it on the

next meeting agenda.

AURORA FARMS - CONTINUED DISCUSSION OF DRAINING OF LAND NORTH OF

LAKE RD. AND MOVING CULVERT

Chairman Russell said the safety issues originally slated in the

agenda had been resolved. Tom Kenyon, who works for the owner

of Skip Sheldon, the owner of Aurora Farms, addressed the board

on Sheldon's behalf.

Road Commissioner, Hugh Lewis, Jr. discussed the costs of boring

under the road versus ditching in order to solve the problem of

draining water on private land as well as the town's

right-of-way, Lewis added that the current culvert at the site

needs replacing. The board discussed splitting the cost with

the landowner and Kenyon said he thought Sheldon would be

willing to agree to do so.

Ramsdell moved and the motion was seconded by

E. Russell:

* "TO DO THE DITCHING AND CULVERT WORK ON LAKE ROAD

AND SPLIT THE COST WITH THE LANDOWNER."

Vote: 4 in favor, 1 opposed (Arthaud).

Brooks asked when the speed bumps get removed at the town beach

and Lewis responded when the Selectboard tells him to. Board

members agreed to the date of October 1, 2002 for speed bump

removal.

ROOKIE MANNING RE: GREENBUSH ROAD SIGNS

Arthaud said he had been called to the site that Rookie Manning

wrote to the board about in her letter to the board as part of

the F&R Dept., where there had been fatalities.

Manning said the driver seem to be unprepared for the sudden

sharp curve in the road near her home on Greenbush Road.

Chairman Russell asked if accents happen with vehicles driving

in both directions and Manning said yes. Cole suggested putting

up a cautionary sign to slow traffic.

Manning and Rick Pollack of the Rescue Department said drivers

are traveling too fast in the area and the road needs speed

enforcement. E. Russell suggested that signs be posted in both

directions and the town ask the State Police for enforcement.

Board of Selectmen -6- September 16, 2002

John Hammer suggested the CCRPC can advise what kind of signs

are most effective.

E. Russell moved and the motion was seconded by

Arthaud:

* "TO POST SIGNS IN BOTH DIRECTIONS ON GREENBUSH ROAD

AS RECOMMENDED BY THE CCRPC."

Vote: All in favor.

The board advised Lewis to get rid of a "Think" sign as it has

been knocked down twice.

SENIOR CENTER STORAGE SOLUTIONS

Wally Gates, Treasurer of the Senior Center said the Center

needs storage space for gardening tools and the Friends of the

Senior Center would like to provide a shed for the Center, but

would need a permit for a 9 ft. by 12 ft. storage building.

Gates showed board members plans for the shed and Gates and

Shirley Bean discussed possible locations for the building.

Board members stated they support the need for the shed, but

suggested the Senior Center Board needed to agree on a location

for it.

E. Russell moved and the motion was seconded by

Cole:

* "THE SELECTBOARD SUPPORTS THE FILING OF A PERMIT FOR

A STORAGE SHED FOR THE SENIOR CENTER."

Vote: All in favor.

PLANNING COMMISSION: AMENDMENTS TO ZONING BY-LAWS CONSISTENT

WITH TOWN PLAN

Jeff McDonald, Chairman of the Planning Commission, discussed

engaging a consultant to help them make the zoning by-laws

consistent with the Town Plan and submitting a grant request for

the funding of the project.

Arthaud moved and the motion was seconded by

Cole:

* "WE AUTHORIZE CHARLES RUSSELL TO SIGN THE CONTRACT

TO HIRE A CONSULTANT TO REVISE OUR BY-LAWS."

Vote: All in favor.

Board members and McDonald discussed a timetable of work to be

done and Arthaud suggested putting out and RFP earlier than had

been scheduled.

THORTON'S TRACE - AUTHORIZE HIRING SURVEYOR TO RESURVEY SAME

Chairman Russell and Clark Hinsdale, III discussed the history

and currently inexact location of Thorton's Trace and Hinsdale

offered he knew of someone who had once used the road.

Board of Selectmen -7- September 16, 2002

Dan Senecal-Albrecht said he had looked into the costs of hiring

a surveyor to find the location of Thorton's Trace and received

3 written quote ranging form $3,000.00 to $8,000.00.

Senecal-Albrecht reviewed the process for resurveying a road.

Arthaud moved and the motion was seconded by

Cole:

* "WE HIRE A SURVEYOR TO RESEARCH THE EXISTENCE,

LENGTH AND LOCATION OF THORTON'S TRACE AS OUTLINED

IN TITLE 19, CHAPTER 33 OF THE V.S.A."

Vote: All in favor.

Ramsdell asked Hinsdale why he wanted the town to throw up

Thorton's Trace and Hinsdale answered his family wanted to

relocate the barn and manure pit for their proposed Large Farm

operation and his family is in favor of a survey. E. Russell

suggested after the survey is done that perhaps part of the road

could be relocated.

Board members discussed reviewing the quote Senecal-Albrecht had

received from surveyors.

Arthaud moved and the motion was seconded by

E. Russell:

* "TO GO INTO EXECUTIVE SESSION TO DISCUSS THE HIRING

OF A SURVEYOR FOR THORTON'S TRACE."

Vote: All in favor.

Executive Session ran from 10:07 to 10:14 p.m. Chairman Russell

reported the board took no action in Executive Session.

Ramsdell moved and the motion was seconded by

E. Russell:

* "THAT WE HIRE TERRY HARRIS SURVEY TO SURVEY

THORTON'S TRACE FOR A FEE NOT TO EXCEED $5,000.00."

Vote: 4 in favor, 1 opposed (E. Russell).

Mack asked why the lowest bidder was not hired and Arthaud

responded the person chosen was the board's preference.

FIRE & RESCUE UPDATE

Fire Chief, Chris Davis gave board members a handout outlining

cost for exterior work on the Fire & Rescue station and

discussed bills that had been forwarded to the town for payment.

Davis discussed updates to his previous estimates for work to be

done to complete the building and discussed whether capital

funds could be used to complete the work. Arthaud and Davis

said they needed solid figures from the capital budget to answer

their questions of how money could be used.

Rescue Chief, Rick Pollack advised that the Rescue Squad had

been experiencing staffing problems on weekdays, a problem that

all squads in the area are having. Pollack said his crew was

looking at options to offset costs, including renting space on

their radio tower now that WIZN would be leaving soon. Pollack

said the Dept. would be looking to hiring soon and were trying

to be proactive and would let the board know of any problems.

Board of Selectmen -8- September 16, 2002

EXTEND TERM OF MARTY ILLICK TO RPC FOR ADDITIONAL YEAR

E. Russell moved and the motion was seconded by

Ramsdell:

* "TO EXTEND MARTY ILLICK'S TERM ON THE REGIONAL

PLANNING COMMISSION FOR ANOTHER YEAR."

Vote: 4, in favor (Arthaud was outside).

AUTHORIZE INSTALLATION OF DSL LINE AT TOWN OFFICES

E. Russell reviewed with board members the advantages for the

town offices of going with DSL technology as it was faster

internet service and would be more cost-effective and the change

would cost about $750.00.

E. Russell moved and the motion was seconded by

Arthaud:

* "TO CHANGE TO DSL TECHNOLOGY BASED ON THE LOWEST BID

FOR SERVICE."

Vote: All in favor.

THORP BARN: STRUCTURAL ENGINEERING, ASSESSMENT AND COST ESTIMATE

Senecal-Albrecht reviewed his memo to board members on the cost

of restoring the Thorp Barn and noted that was $641.00 remaining

in an account and another $9,000.00 left in matching funds from

the town. Senecal-Albrecht said he had spoken with Nancy Walsh

and Steve Libby and the next step in restoration is a structural

engineering assessment. Senecal-Albrecht reviewed engineering

costs and said he be submitting paperwork for a grant. Arthaud

offered that he would donate $1,000.00 toward the effort.

Arthaud moved and the motion was seconded by

Ramsdell:

* "THAT THE BOARD SPEND $500-600.00 FOR PLAN A AND

$1,000.00 FOR PLAN B WITH $1,000.00 FROM A PRIVATE

DONATION."

Vote: All in favor.

SELECTBOARD UPDATES

Ramsdell left the meeting at 11:17 p.m.

Arthaud reviewed the contract he had been working on with

contractor Richard St. George and Tom Barden as the owner's

representative for exterior work on the Town Hall. Arthaud added

that work was to start September 26th with October 9, 2002 as

the completion date and reviewed the costs with the board.

Board of Selectmen -9- September 16, 2002

E. Russell moved and the motion was seconded by

Arthaud:

* "TO AUTHORIZE ARTHAUD TO SIGN THE CONTRACT ON BEHALF

OF THE TOWN OF CHARLOTTE AT A COST NOT TO EXCEED

4,950.00 FOR RICHARD ST. GEORGE'S SERVICES AND

$350.00 FOR TOM BARDEN'S TIME."

Vote: All in favor.

SIGN WARRANT AND BILLS

Board members signed warrants and bills.

Arthaud moved and the motion was seconded by

Chairman Russell:

* "TO ADJOURN."

Vote: All in favor.

The meeting was adjourned at 11:27 p.m.

Minutes submitted by:

Debby Flynn