Board of Selectmen October 14, 2002

TOWN OF CHARLOTTE

BOARD OF SELECTMEN

MINUTES

OCTOBER 14, 2002

MEMBERS PRESENT: Chairman Charles Russell

Debbie Ramsdell

Ellie Russell

Jennifer Steele Cole

OTHERS: Nancy Sabin

Stephen C. Brooks

John Hammer

Shawn Bedard

Larry Hamilton

Mel Hawley

Tony Stout

Jessie Bradley

D. Fisher

Robin Reid

Charlie Reynolds

Ed Amidon

Dan 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 asked if the board had any adjustments to the

agenda. E. Russell said she had some issues to discuss, but

thought that they could be covered under Selectboard Updates.

Cole said she wanted to review the progress on forming a

committee to look into the Holcomb property and Dan

Senecal-Albrecht said he wanted to review the status of the

Nordic Farm trail.

Nancy Sabin said she wanted to discuss the recently discovered

rotted wood on the Town Hall exterior.

APPROVE MINUTES

Chairman Russell said he believed on page one of the September

30, 2002 minutes that Arthaud meant to discuss painting

contracts in the adjustments to the agenda, rather than haying

contracts.

E. Russell suggested also on page 1 that the reference to her

should have been Chairman Russell. Chairman Russell noted on

page 4 that Mike Duaney was the VLCT attorney. E. Russell

suggested referring on page 4 to a subordination agreement

instead of clause.

Board of Selectmen -2- October 14, 2002

Chairman Russell suggested on page 7 deleting the fourth to the

last paragraph and corrected on the same page that a bidder was

SDL Painting instead of SPL, and on page 8 that the motion

referred to "fresh water tanks." E. Russell noted that Dan

Senecal-Albrecht wrote the letter to the CVGA instead of her as

referenced on page 8.

E. Russell moved and the motion was seconded by

Cole:

* "TO ACCEPT THE MINUTES OF SEPTEMBER 30, 2002 AS

CORRECTED."

Vote: All in favor.

Dan Senecal-Albrecht described the changes to the originally

faxed minutes to the current minutes supplied to the board and

the reasons for those changes.

E. Russell moved and the motion was seconded by

Ramsdell:

* "TO APPROVE THE MINUTES OF OCTOBER 2, 2002 AS

CORRECTED IF NECESSARY."

E.Russell and Ramsdell withdrew their motion as Ramsdell was not

present for the meeting and Cole had not had a chance to read

the minutes. The minutes were tabled until the next meeting.

PUBLIC DISCUSSION

Nancy Sabin asked if there was documentation being gathered on

the wood rot to the Town Hall's exterior for possible

litigation. Chairman Russell noted that Tom Barden had been

taking photos as the exterior work was being done.

Stephen Brooks described 2 new geographical maps in the Town

Hall and asked if they could be laminated.

E. Russell moved and the motion was seconded by

Ramsdell:

* "TO AUTHORIZE STEPHEN BROOKS TO LAMINATE THE 2 MAPS

NOT TO EXCEED AN EXCESSIVE FEE."

Vote: All in favor.

GMP REQUESTS OF 10-2-02 AND 10-08-02 - VARIOUS ROADS

Selectboard Assistant, Dan Senecal-Albrecht passed out to the

board members 2 letter and petitions on Green Mountain Power

installing utility poles in town.

Chairman Russell advised that the town attorney advised that the

board should wait for more information regarding Act 250 issues

before making a decision and the board decided to wait for said

information.

Larry Hamilton suggested that Charlotte be the first town to

insist on having underground utility lines.

Board of Selectmen -3- October 14, 2002

MINOR AMENDMENTS TO GREENWOOD AMERICA DOCUMENTS

Chairman Russell noted the board had received the opinion from

the town attorney who advised the board not to agree to

substantiative changes.

Mel Hawley advised that Greenwood America had sold 1 lot and

advised that the Roadway Agreement would assure the town would

not incur costs for the roadway.

Chairman Russell reviewed the Sewer Agreement. Mel Hawley

advised that eventually the current owner of the property will

no longer be responsible for the property and the town will be

dealing with a homeowners association instead.

Chairman Russell suggested the board review the fine points with

the town attorney again.

E. Russell moved and the motion was seconded by

Ramsdell:

* "TO AMEND THE SEWER AGREEMENT AFTER THE WORD OWNER

TO INCLUDE "OR ITS SUCCESSORS OR ASSIGNS" ON PAGE

5."

Vote: All in favor.

Chairman Russell read the town attorney's comments on the Open

Space Agreement and E. Russell suggested discussing this issue

with the town attorney. Hawley reviewed the concessions made to

the town to date in the Agreements which cost the project in

revenue.

VEGETATION CUTTING AT THOMPSON'S POINT - INCONSISTENCIES BETWEEN

BY-LAWS AND LEASES

Chairman Russell advised that currently the zoning by-laws and

the Thompson's Point leases call for 2 different things in terns

of vegetation cutting.

E. Russell moved and the motion was seconded by

Ramsdell:

* "TO AMEND THE PERTINENT SECTIONS OF THE THOMPSON'S

POINT LEASES THAT THE LESSEES WILL NOT CUT, PRUNE,

OR REMOVE ANY LIVE TREES BETWEEN THE SHORELINE AND

STRUCTURES AT THOMPSON'S POINT WITHOUT PRIOR

APPROVAL OF THE TREE WARDEN."

Cole reviewed in the leases whether a "cleared opening" included

brush.

Chairman Russell asked to move the Galbreath agenda item to

later in the meeting.

CURB CUTS POLICY

Chairman Russell reviewed the first draft of the Selectboard's

policy on curb cuts drafted by E. Russell for review by the

Planning Commission. E. Russell outlined the procedures for a

curb cut and asked board members to review the draft.

Board of Selectmen -4- October 14, 2002

RECREATION COMMITTEE - UPDATE

Recreation Commission members met with Selectboard members to

update the board on their progress. E. Russell said the

Selectboard had been discussing issues with all town boards and

they were concerned that the Recreation Commission has no Chair

and at the very least the Selectboard needs a contact person

with the Commission and needs to see their minutes and agendas.

Charlie Reynolds said the Commission was doing better on minutes

and agendas. Chairman Russell suggested the Commission make the

minutes and agendas available to the Town Clerk or her

Assistant, who could file them in the appropriate location.

Robin Reid said she was offended by the way the Commission was

called before the board, noting their next meeting was scheduled

for October 22, 2002.

Chairman Russell noted that budget season was coming up soon and

the Commission should start preparing their budget and noted the

Selectboard would like more feedback from the Commission.

Reynolds said the Commission soon would have an article coming

out in the Charlotte News on their activities and Debbie Fisher

added that the Commission would have a point person for the

board soon and see that the board gets copies of their minutes

and agendas. Reid noted that notices of meetings have been

posted.

Cole said at the last Commission meeting that members were on

top of their tasks and that they were a good functional group of

people.

Jessie Bradley said she liked that the Commission was put on the

agenda and the board wanted to know what was going on with the

Commission.

Chairman Russell discussed having a notice in the Charlotte News

that the Commission was looking for a new member.

There was a discussion of the Advisory motion made at Town

Meeting to have a Recreation Director.

GALBREATH PROPERTY - APPROVE WARRANTY DEED

Chairman Russell said the board needed to review what they had

originally agreed to with the CVGA and compare that with what

happened when the property was closed on. Chairman Russell

reviewed with board members what the town attorney thought of

the warranty deed and read from the motion regarding the

Galbreath property in the Selectboard minutes of March 11, 2002,

and then referred to the discrepancies to that motion of what

was now in the deed. Chairman Russell suggested having Kate

Lampton and Liam Murphy come in and discuss what happened with

the deed.

Board of Selectmen -5- October 14, 2002

APPOINT DAN SENECAL-ALBRECHT TO REPLACE RAMSDELL ON MPO/TAC

E. Russell moved and the motion was seconded by

Ramsdell:

* "TO APPROVE DAN SENECAL-ALBRECHT TO REPLACE DEBBIE

RAMSDELL AT THE MPO/TAC."

Vote: All in favor.

CHARLOTTE FARM & MILLS

Ramsdell moved and the motion was seconded by

E. Russell:

* "TO GO INTO EXECUTIVE SESSION TO DISCUSS A LEGAL

MATTER CONCERNING CHARLOTTE FARM & MILLS."

Vote: All in favor.

Executive Session ran from 9:00 to 9:15 p.m.

E. Russell moved and the motion was seconded by

Cole:

* "TO COME OUT OF EXECUTIVE SESSION."

Vote: All in favor.

Chairman Russell noted that the board took no action in

Executive Session.

UPDATE ON THORNTON'S TRACE SURVEY

Senecal-Albrecht reviewed with board members the letter from

Spencer Harris on his progress in locating Thornton's Trace.

EXTRA CARPENTRY WORK ON TOWN HALL

Chairman Russell noted that Arthaud was not present to review

what was going on with the carpentry work, but that the work was

being documented and photographed.

ACT 60/KILLINGTON CASE - COMMON LEVEL FOR APPRAISAL NEXT YEAR

Chairman Russell said he had put this agenda item on for

discussion of what happened in Killington with Act 60 and how it

might relate to Charlotte's situation. C. Russell said he had

met with Kay Gault and the listers about the common level of

appraisals and Gault thought Charlotte would not have the same

problem with Act 60 as Charlotte is mostly residential. E.

Russell said she thought taxes would be going up because of Act

60 and noted a recent court ruling that the tax levy on the town

of Killington under Act 60 was capricious action.

Ed Amidon said he had written an article for the Charlotte News

regarding Act 60. There was a discussion of having an expert

inform the public of what would be coming up with property

assessment and Act 60. Amidon noted that in speaking with town

residents that their concern with property taxes seems to be

greater that when he campaigned 2 years ago.

Board of Selectmen -6- October 14, 2002

SELECTBOARD UPDATES

E. Russell said she was working with Tom Mansfield and Joe

McLean about what the town should do about dry hydrants in town.

E. Russell also reported she was working with the Fire and

Rescue Department on their capital budget. E. Russell presented

Chairman Russell with a draft of a personnel performance

appraisal document.

Cole discussed parties interested in forming a committee

regarding the town's possible interest in the Holcomb property.

Cole said she would call people who had expressed an interest in

serving on the committee.

Senecal-Albrecht said he had talked with the Vermont Land Trust

and they reported that nothing has happened on the trail on the

Nordic Farms property. E. Russell said she would follow up with

Clark Hinsdale, III.

Senecal-Albrecht said the Charlotte/Hinesburg Road would be

repaired as requested by Nancy Sabin at the last meeting by the

town of Hinesburg. Senecal-Albrecht also reported that the new

DSL internet access would save the town about $45.00 compared to

what they are paying now and internet access would be faster.

Ramsdell noted that Ed Granai would be the speaker at the annual

meeting of the Friends of the Senior Center.

There was a discussion of upcoming budget meetings and sending

notices to town boards asking them to prepare their budgets and

E. Russell noted that budgets should include capital budget

requests.

Ramsdell offered to write the report on behalf of the

Selectboard for the Town Report.

E. Russell moved and the motion was seconded by

Cole:

* "TO APPROVE THE ANIMAL HOUSING AGREEMENT WITH THE

HUMANE SOCIETY OF CHITTENDEN COUNTY BEGINNING

SEPTEMBER 1, 2002 AND REMAINING IN EFFECT UNTIL

SEPTEMBER 1, 2003."

Vote: All in favor.

Senecal-Albrecht noted there should be an alternate to the

town's representation on the MPO.

Cole discussed that Erich Findley was planting trees at

Thompson's Point and that the Thompson's Point Agricultural

leases need finishing.

SIGN WARRANTS AND BILLS

Board members signed warrants and bills.

Board of Selectmen -7- October 14, 2002

E. Russell moved and the motion was seconded by

Cole:

* "TO ADJOURN."

Vote: All in favor.

The meeting was adjourned at 10:15 p.m.

Minutes submitted by:

Debby Flynn