Board of Selectmen October 28, 2002

TOWN OF CHARLOTTE
BOARD OF SELECTMEN
MINUTES
OCTOBER 28, 2002

MEMBERS PRESENT: Chairman Charles Russell
Debbie Ramsdell
Paul Arthaud
Ellie Russell
Jennifer Steele Cole

OTHERS: John Hammer
Stephen C. Brooks
Shawn Bedard
Joyce Wallace
Liam Murphy
Kate Lampton
Hugh Lewis, Jr.
Mike Russell
Joe Messingschlager
Mike Hardie
Jack Wallace
John Rosenthal
Michael Clapp
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 of the Affordable
Housing Committee. Chairman Russell said he wanted to discuss
issues with Lance Fournier's subdivision on Greenbush Road.
Ramsdell suggested having an agenda item for signing bills and
warrants.


APPROVE MINUTES

Chairman Russell asked if the board was ready to approve the
minutes of October 2, 2002, which were tabled from the previous
meeting.

Ramsdell moved and the motion was seconded by
E. Russell:
* "TO APPROVE THE MINUTES OF OCTOBER 2, 2002."
Vote: 4 in favor, 1 abstained (Ramsdell, as she was
not present at that meeting).


Board of Selectmen -2- October 28, 2002

In the minutes of October 14, 2002, Ramsdell noted that the
references to "Charlie Reynolds" on pages 1 and 4 should be
"Craig Reynolds" and that the person researching Thornton's
Trace should be "Terry Harris" instead of "Spencer Harris."

E. Russell clarified on 4 that the Selectboard needs to have
meeting minutes and agendas available from the Recreation
Commission and on page 6 that Dan Senecal-Albrecht was the
person following up with Clark Hinsdale, III on the Nordic Farm
trail easement. Chairman Russell also corrected on page 6 that
the reference to dry hydrants should be "inoperable dry
hydrants."

E. Russell moved and the motion was seconded by
Ramsdell:
* "TO ACCEPT THE MINUTES OF OCTOBER 14, 2002 AS
CORRECTED."
Vote: 4 in favor, 1 abstained (Arthaud, as he was
not present at that meeting).

Chairman Russell suggested some agenda items out of the
scheduled order as he was advised that Jack Wallace was not yet
present for the 7:15 agenda item.


PUBLIC DISCUSSION

There was no Public Discussion.


SELECTBOARD UPDATES

E. Russell said she had recently attended a Zoning Board meeting
and the tool shed the Senior Center wanted has now gone to site
review and she had recently attended a meeting held in Shelburne
on Act 60.

Ramsdell announced that the Holcomb house is now on the market
without being listed by a realtor and she was looking for a time
for a committee to look into the town's possible interest in the
property to meet.

Chairman Russell discussed a landfill in East Charlotte next to
Greg Beldock's property that Beldock is interested in buying
because he is sick of "policing" the activities in the
landfill.

Cole reviewed the Affordable Housing Committee meets every 2
weeks and had met earlier that day. Cole reviewed what the
Committee has been discussing and upcoming articles from the
Committee in the Charlotte News and that the Committee would
like to have 2 or 3 more members. Cole said the Committee
wanted to meet with the Planning Commission and was on their
meeting agenda for November 18, 2002 to discuss how they could
work together within the framework of the Town Plan.




Board of Selectmen -3- October 28, 2002

E. Russell noted the Business & Economic Committee had been
having trouble with meeting attendance.

Arthaud reported that Charlotte Park has a new bench going in
and Steve Denton has done a good job with park maintenance.

Arthaud said the Town Hall exterior was "a disaster waiting to
happen" and reviewed the repairs now necessary to the building
due to rotting wood and noted that because of these repairs that
painting the building has been postponed until spring. Joyce
Wallace asked Arthaud meant by a "disaster waiting to happen"
and Arthaud explained that building maintenance was not worked
into a schedule. Joyce Wallace stated she works for the firm
responsible for building the Town Hall and suggested Arthaud
contact the firm in writing and specifically outline what has
happened.


FOURNIER SUBDIVISION

Chairman Russell reviewed with the board that Lance Fournier was
originally supposed to bury utility lines for his subdivision
and then reported to the board that the cost of doing so was
much more than he had expected. The new buyer of the property,
Jim McGill, wants to know who is responsible for fixing the
problem.


THORNTON'S TRACE

Selectboard Assistant, Dan Senecal-Albrecht reviewed a letter
from Terry Harris has completed his field research on Thornton's
Trace and wants to set up a meeting with the board.


CURB CUTS POLICY

E. Russell reviewed her first draft of the Selectboard's policy
on curb cuts and read from that draft. E. Russell reviewed
suggestions from Dean Bloch on curb cut policies and reviewed
the procedures for getting a curb cut. E. Russell passed out to
board members a draft of the "Application for Access Permit" for
the board's review. The board tabled the agenda item to later
in the meeting due to time constraints.


GALBREATH PROPERTY - KATE LAMPTON - DISCUSSION OF WARRANTY DEED
LANGUAGE TRANSFERRING PROPERTY TO TOWN

Liam Murphy said he and Kate Lampton were attending the meeting
on behalf of the Champlain Valley Greenbelt Alliance. Murphy
discussed the CVGA's purpose of controlling growth along Route 7
and the CVGA's interest in the Galbreath property, located on
the east side of Route 7 across from Charlotte Park.





Board of Selectmen -4- October 28, 2002

Murphy reviewed the town gave $30,000.00 toward the purchase
price of $80,000.00 for the Galbreath property, which the
Vermont Land Trust bought and would like to turn over to the
town. Murphy reviewed copies of the deed to the property with
board members and discussed Open Space Agreement language and
noted the easement could be transferred to the town.

Chairman Russell said the board reviewed with the town attorney
what they had originally agreed to with the CVGA in their
meetings March 11 and April 8, 2002 as recorded in the meeting
minutes and compared that with what was recorded in the final
deed.

Kate Lampton responded that the motion recorded in the minutes
was what the town and the CVGA agreed on principle to do and
then an Agreement was signed after that, but she believed the
CVGA is in line with what they and the town intended to do
together.

Senecal-Albrecht reviewed his conversation with the town
attorney and Murphy explained that the town can not have both
their easement and the enforcement of said easement, but he
would talk with the town's attorney and get the language of the
easement the way the town would like.


NORDIC FARMS TRAIL EASEMENT

Chairman Russell noted that Nordic Farms is being bought by
Clark Hinsdale, Jr. Senecal-Albrecht stated there is an option
for a trail easement on the farms and the Mr. Hinsdale wants the
trail location "figured out sooner than later." Arthaud
reviewed the option to purchase form on the Nordic Farm, noting
it's an encumbrance on the farm the Hinsdales have to deal with.

Michael Hardie, on behalf of the Charlotte Land Trust suggested
sitting down with the Hinsdales to work this out.

Michael Russell noted the town could wait to exercise its option
for the trail. E. Russell said it doesn't matter as long as the
town doesn't let its option run out and suggested forming a
committee to look at the trail location. Chairman Russell
suggested that the board put together a committee the Hinsdales
would be comfortable working with and put the matter on the next
Selectboard agenda. The board appointed an Ad Hoc committee
consisting of: Chairman Russell, Paul Arthaud, Michael Hardie,
Dean Bloch, and 1 member each from the Conservation and
Recreation Commissions.


CURB CUT REQUESTS - JOSEPH MESSINGSCHLAGER - GREENBUSH ROAD

Joseph Messingschlager passed out a handout to board members
with photos of the site for his proposed curb cut and reviewed
the handout with board members.




Board of Selectmen -5- October 28, 2002

Arthaud moved and the motion was seconded by
E. Russell:
* "TO GRANT THE CURB CUT AS STATED ON THE MAP ON 3939
GREENBUSH ROAD BASED ON THE APPROVAL OF THE ROAD
COMMISSIONER AND THE FIRE DEPARTMENT."
Vote: All in favor.

Arthaud said he would visit the site with Hugh Lewis, Jr. and
Chris Davis.


CURB CUT REQUESTS - MELROSE HUFF - PRINDLE ROAD

Chairman Russell recused himself from this agenda item as his
brother is the legal representation for Melrose Huff in this
matter.

Ramsdell moved and the motion was seconded by
Arthaud:
* "TO NOMINATE ELLIE RUSSELL TO BE THE INTERIM CHAIR."
Vote: All (4) in favor.

Mike Russell reviewed his client's situation of having a blind
spot at the end of his driveway and Prindle Road and their
suggestion to remedy the problem by the town supplying shale to
raise Prindle Road at the site and the client paying for
transport of the shale.

Road Commissioner, Hugh Lewis, Jr. said adding shale would
improve the road, but he thought that asking the town to donate
the shale would set a bad precedent. Ramsdell asked why Mike
Russell's client wouldn't just buy the shale and Mike Russell
said the shale would cost about $5,000.00 to $6,000.00.

Arthaud and E. Russell said the board did a site visit and
suggested that the driveway should be moved instead. Mike
Russell described his client's reasons why they thought that was
not a good idea, including the need to meet the town's
requirement for a 50 foot setback.

Lewis noted that he had not approved the curb cut for the
driveway and Mike Russell said it's a right-of-way easement for
a shared driveway with the Mishkat's property.

E. Russell said the board needs to look at options with the
Planning Commission to see where the driveway needs to be.

Chairman Russell returned to the board following this agenda
item.


SPEAR GERVIA ROAD - JACK WALLACE - REQUEST TO USE TOWN TRAIL TO
ACCESS SUBDIVISION (BETWEEN MAGUIRE PENT & HINESBURG ROAD)

Jack Wallace reviewed a map with the board of the trail he wants
to use for a driveway for 2 homes that was part of a road
downdraded to a trail by the town.


Board of Selectmen -6- October 28, 2002

E. Russell asked why Wallace wouldn't just cross the brook from
Spear Street and Wallace replied that would disrupt the viewshed
and a wooded area.

There was a discussion of the roles of the Planning Commission
and the Selectboard in this matter. Chairman Russell said he
would want more public input before the town allowed the trail
to be opened up for more houses and Arthaud suggested contacting
the abutting landowners. E. Russell said she would like a
recommendation from the Planning Commission and Chairman Russell
said the board would need to research earlier meetings to see
what decisions were made regarding this site.


GREEN MOUNTAIN POWER - OUTSTANDING PETITIONS FOR NEW POLES, ACT
250 DISCUSSION - ASK FOR JURISDICTIONAL RULING?

Chairman Russell reviewed with the board the advice of attorney
Joe McLean regarding an Act 250 issues with the petitions from
GMP for installing new utility poles in town.

Arthaud noted the letter from GMP's attorney stating the pole
installation is nowhere near an Act 250 situation. E. Russell
added the advice of the town's attorney was that denying the
petitions would be an expensive fight that the town wouldn't
win. The board discussed following the advice of their attorney
and signing the petitions.

E. Russell moved and the motion was seconded by
Ramsdell:
* "TO SIGN THE GREEN MOUNTAIN POWER PETITION AS FILE
NUMBER A0002281162."
Vote: All in favor.

Cole moved and the motion was seconded by
E. Russell:
* "TO APPROVE THE LOCATION OF POLES, GUYS AND WIRES
WITHIN THE TOWN ROAD RIGHT OF WAY ON SPEAR STREET IN
THE TOWN OF CHARLOTTE AS SHOWN ON PLAN NUMBER
A0002205547."
Vote: All in favor.


CHARLOTTE FARM & MILLS - REQUEST FOR MEDIATION REGARDING EQUITY
ISSUES

Chairman Russell stated the board discussed in Executive Session
the request for equity by Charlotte Farm & Mills and
subsequently sent the proprietor, Stephen Brooks a letter.

Attorney Michael Clapp said he was asked to give an opinion by
Mr. Brooks on the conclusion by the town's attorney that Mr.
Brooks had opportunity to seek equity from the Environmental
Court. Clapp said that the Environmental Court does not have
the jurisdiction to approve damages and Mr. Brooks claim has
never been litigated.



Board of Selectmen -7- October 28, 2002

Arthaud moved and the motion was seconded by
E. Russell:
* "TO ENTER INTO MEDIATION ON EQUITY ISSUES WITH
STEPHEN BROOKS OF CHARLOTTE FARM & MILLS."
Vote: 4 in opposed, 1 abstained (Arthaud).

Clapp said Mr. Brooks claimed the town was estopped from taking
any action because he had a permit and he has incurred damages
and Mr. Brooks has been speaking with you concerning his damages
when the town reversed its ruling on the permit.

Chairman Russell advised the board has discussed the matter with
the town attorney.

E. Russell moved and the motion was seconded by
Ramsdell:
* "TO RETROACTIVELY SEND A LETTER TO STEPHEN BROOKS
DECLINING TO MEDIATE."
Vote: 4 in favor, 1 abstained (Arthaud).


THORP BARN - AUTHORIZATION TO APPLY FOR VT TRANS GRANT

Senecal-Albrecht said the grant the town wants to apply for to
restore the Thorp Barn is due November 6, 2002 and noted the
town has not yet decided what to do with the barn once it is
restored and he was waiting on some information for the grant.

E. Russell moved and the motion was seconded by
Ramsdell:
* "TO AUTHORIZE DAN SENECAL-ALBRECHT TO SUBMIT THE
GRANT APPLICATION TO VT TRANS TO RESTORE THE THORP
BARN AT A COST NOT TO EXCEED $100,000.00 AND
AUTHORIZE CHAIRMAN RUSSELL TO SIGN THE APPLICATION."
Vote: All in favor.


INOPERATIVE DRY HYDRANTS

E. Russell stated that all the authority for enforcement of
hydrants lies with the Fire Department and the town is not
liable for hydrants that do not function. The board agreed that
Senecal-Albrecht will advise the Fire Chief of their authority
in the matter and draft a letter for attorney McLean's review
noting the town is not liable for inoperative dry hydrants.


IWO SUIT OVER DENIAL OF TELECOMMUNICATIONS FACILITY

Arthaud said he had read the summons for the suit the town is
named in for denial of a permit for a telecommunications
facility. Chairman Russell advised the application was denied
on the issue of proof of need for coverage and IWO has asked for
an injunction to install equipment while the case is pending.





Board of Selectmen -8- October 28, 2002

E. Russell moved and the motion was seconded by
Ramsdell:
* "TO AUTHORIZE THE TOWN ATTORNEY'S OFFICE TO MAKE AN
APPEARANCE ON BEHALF OF THE NAMED DEFENDANTS IN THE
IWO SUIT DATED OCTOBER 9, 2002."
Vote: All in favor.


MPO ALTERNATE

Senecal-Albrecht noted there should be an alternate to the
town's representation on the MPO.

E. Russell moved and the motion was seconded by
Ramsdell:
* "TO AUTHORIZE DAN SENECAL-ALBRECHT TO RUN AN AD IN
THE CHARLOTTE NEWS FOR AN MPO ALTERNATE."
Vote: All in favor.


RECREATION COMMISSION

The board discussed their concern about the Recreation
Commission not having a chairman and Commission members who do
not attend meetings and their need to have a quorum at their
meetings.

Cole said she would talk to Recreation Commission members about
inactive members and E. Russell said the Selectboard could draft
a letter to the Commission and review it at the next meeting.


SIGN WARRANTS AND BILLS

Board members signed warrants and bills.

Having no further business, Chairman Russell moved:
* "TO ADJOURN."
Vote: All in favor.

The meeting was adjourned at 10:15 p.m.
Minutes submitted by:
Debby Flynn