Town of Charlotte
Board of Selectmen
Minutes
Monday, December 8,
2003
7:00 PM, Charlotte Town
Hall
Jennifer Steele Cole
Eleanor Russell
OTHERS: Dean
Bloch (Select board Assistant)
Sharon
Balaban
Stephen
C. Brooks
J
Carriero
Jack Clemmons
Lydia Clemmons
Peter
Coleman
Tricia
Coleman
Chris
Davis
Jim
Dickerson
Nell
Fraser
Larry
Hamilton
Linda
Hamilton
John
Hammer
Mel
Hawley
Catherine
Hughes
Marty
Illick
Mac
Keyser
Virginia
Keyser
Sylvia
Knight
Matt
Maynard
Dee
Pierce
Debbie
Ramsdell
Dick
St. George
Ed
Silva
Alice
Trageser
Eric
Van Vlandren
Bob
Wright
Jocelyn
Bolick (clerk)
The meeting was called to order at
7:00 pm.
The items on the agenda were as
follows:
Adjustment
to Agenda / Approve Minutes for November 24 & December 1, 2003 / Public
Discussion / Appointment to the Zoning Board of Adjustment / Peter Coleman:
request for use of Town property for parking for POW WOW (approx. 5,000—6,000
attendees) / Discussion regarding VELCO project: Report on meeting with VELCO;
Herbicide report; Pre-file testimony / Budget Review: Conservation Commission;
Recreation Commission; Fire and Rescue; Planning Commission / CCMPO – report
from Jeff McDonald / Greenwood America – request to relinquish trail easement /
Bushhogging of Thompson’s Point / Bills and Warrants / Select Board Updates /
Adjournment
Adjustment to Agenda
·
Thompson’s Point Lease.
Lots 207 and 208 on Thompson’s Point have been sold. So, there is a termination of the lease for
lots 207 and 208, and a new lease for the same lots.
Motion made by Eleanor Russell, seconded by Jennifer Cole:
“To authorize Charles to sign
the lease for lots 207 and 208”.
Vote: all in favor.
Stephen asked when the old lease expires – the year is 2010.
He asked why not re-assign the old lease rather than enter into a new
lease.
Ellie said she agrees in concept, but they need to develop a
policy on how to do that and but she’s not prepared to do that tonight.
·
Burns Committee. Charlie said Bill Lockwood does not have time for it
anymore, and the Business and Economic Committee does not seem to be very
active.
Do we want to recompose the board?
Jim Donovan does not have time for it either. One option is to take it down 2 members, so there would still be
an odd number. Ellie said that given
the time commitment that the Planning Commission is putting in these days, she
would be inclined to reduce the numbers.
Jennie questioned if there is still more work for the Business and
Economic Committee to do. For now, the
select board will hold off on changing the composition of the committee and try
and get someone to define what’s going on.
·
Champlain Valley Telcom. They have a petition to bury lines under Spear Street.
Motion made by Eleanor Russell, seconded by Jennifer Cole:
“To approve work order
#03-255 by Champlain Valley Telcom to bury lines under Spear Street.”
Vote: all in favor.
Approve Minutes for November 24 &
December 1, 2003
Motion made
by Eleanor Russell, seconded by Jennifer Cole:
“To approve the select board
meeting minutes with corrections for November 24”.
Vote: no vote, motion withdrawn.
Vote postponed until board members can read them.
·
Debbie
Ramsdell was invited by Ellie Russell to organize the Christmas party, and she
has accepted. The date has been changed
to Saturday, December 20th at the Senior Center. Children won’t be invited; the time will be
4:00-6:30. All commissioners are invited;
all trustees of public funds; justices of the peace, etc. Debbie and Ellie will address the
invitations; they will get a list from town hall. Debbie will make the food herself – cheese, crackers, hors
d’ouevres. There will be beer, wine,
soda and juice. It was noted that the
party falls on the same day as Hanukkah.
·
Debbie
said co-housing got their wastewater.
Dave Marshall found some more soil suitable for septic. They will have to change the original plans
somewhat, but should be able to get everything approved. They don’t think they will be closing on the
land for a few more months.
·
Peter
Coleman said we’re coming up to the summer season – is the board going to adopt
a policy about the use of public lands, such as Barber Hill? Ellie said it’s certainly on the list of
things to address. Peter said he’s
getting requests every week to use Barber Hill as a wedding venue. He feels people will go to the top of Mt.
Philo, have their wedding, then go somewhere else for the reception. Dean Bloch will put it on his list to figure
out what needs to be done – a policy for all public buildings. Peter said that could be a profit center – a
revenue generator – for the town.
Appointment to the Zoning Board of
Adjustment. Postponed.
Peter Coleman: request for use of
Town property for parking for POW WOW (approx. 5,000—6,000 attendees)
Peter said
he’s been approached by the Abenaki inter-tribal group about holding their 4th
annual POW WOW at the Old Lantern. They
would like to have the POW WOW here on July 9th-11th
(Fri-Sun). Last year, they had 5300
people at the Shelburne Museum.
Slightly more people came on Saturday than Sunday in 2003. They budget 2.5 people per car, so there
might be something over 1000 cars between 9 AM to 6 PM - perhaps 100 cars per
hour, with a bulge in the numbers occurring around 11 AM.
In order to
get a public permit from the Department of Public Safety, one of their
requirements is to have the okay from the governing body before they can apply
for an assembly permit. Peter would
like to park on town-owned property, and use that for the in/out parking. The event itself would be held on the back
of the Old Lantern property, on the back of the hill.
Ellie said
the concerns would be traffic, orderly conduct, etc. Peter said there’s no alcohol allowed at this event. Jennie said these events are pretty large,
and there would need to be a lot of accommodations for people who are visiting
as well as people that are staying there.
Peter said the Lantern has 15.5 acres.
If they had the parking on the town-owned property, it would balance
itself out. Some of the vendors and
some of the dancers typically stay overnight on the property.
Jennie asked
if there would be any problems with nearby property owners such as the
Kingston’s; Jim Dickerson said the Kingston’s are comfortable with the POW WOW
– they think it’s a great cultural experience.
The drumming does go on until 10 at night, but the neighbors are
accustomed to weddings in the summertime going on until midnight. Charlie asked about smoke – Peter said 2
people complained in Shelburne about the smoke. But, since the land used to be a campground, he’s guessing the
land had campfires on it before. Jim
said this will be tied in with lessons at school through one of the teachers –
Cher Feitelberg.
The POW WOW
will be on the same date as the town party.
The Shelburne Museum had committed to running the POW WOW on that
weekend in 2004, but they backed out a few weeks ago. The date is finalized for the POW WOW – they have commitments
with out-of-state vendors and can’t change their timeframe; Ellie suggested
talking to the library to see if the town party date can be changed.
Charlie
asked if they needed an answer tonight – the main concern is the town party;
adding that many cars to Ferry Road while the town party is going on is going
to be hazardous. Charlie would prefer
people using Route 7 or Greenbush Road instead of adding to the congestion on
Ferry Road. Jennie said the traffic
situation is pretty tough with just the town party – the parade, the fire
station, people crossing the road back and forth. Jim said it is bad timing, but if you do the numbers, you may be
only looking at an extra 200 vehicles in the space of an hour – a couple extra
cars per minute may not be a big hassle
if a couple of extra sheriff deputies are hired to make it work. They are open to any logistical answers to
this problem.
Stephen
Brooks asked - if you philosophically support the POW WOW, then why not give
them approval tonight subject to a traffic management plan that meets the
boards’ satisfaction.
Cathy Hughes
asked about changing one of those dates – both are great for the town, but on
the same day it’s too much. People will
be unhappy if it all occurs together.
Also, put great signs up there ahead of time.
Ellie said
she supports the idea but doesn’t want to sign off on it until they talk to the
library about changing the date for the town party. Jennie wondered if there’s still good access for parking at the
Burns property. Peter said yes, and
they would restore it to whatever condition the property was in before the
party. Jim said there is a lot of
parking at the Old Lantern, but there will be spillover parking and they do
need a safety valve. However, they will
do whatever it takes to make it work.
Charlie suggested trying to cut through the Flea Market rather than
using Ferry Road.
Motion made
by Eleanor Russell, seconded by Jennifer Cole:
“To approve the POW WOW
function using the Burns Property on the July 9-11th weekend
contingent upon approval of a satisfactory traffic flow plan, and that you also
consult with the library about the date for the town party.”
Vote: all in
favor.
Discussion regarding VELCO project
·
Report on meeting with VELCO. Not much to report, on the advice of the attorney, because
they don’t want VELCO to read about it.
Charlie can’t get into the details about the meeting with VELCO, but he
feels the town will be pleased.
·
Herbicide Report. Sylvia Knight has written a herbicide report for public comment. It covers the composition of the herbicides
VELCO uses on rights-of-way, and possible alternatives. She is suggesting that the select board,
planning commission, and conservation commission join in adopting this report
as public comment, which the Public Service Board said must be submitted by the
end of January 2004.
Charlie said he would need to read it, and Joe McLean will
need to tell us if we should include it or not. Larry Hamilton said he would like to support both the report and
the strategy that Sylvia is proposing.
Cathy Hughes asked if the board is planning to take a
definitive stand on the VELCO issue, and when.
Jennie said there are a few things going on at once, and not all of them
could be talked about. But the town
will have to make a decision by December 17th, when the pre-trial
testimony is taking place.
Marty Illick said as the representative to the Regional
Planning Commission, it would be good to receive all the public documents.
Sylvia wished that she could spend 15 minutes as a member of
a town committee asking the town lawyer direct questions concerning how to
submit the herbicide report. Instead,
she has to rely on the Regulatory Assistance Project in Montpelier because she has
no access to a lawyer for direct questions.
She feels partially out of the loop, and would like some limited access
to the lawyer directly.
Sharon Balaban said she’s concerned because we’re not sure
the lawyers were correct in keeping Sylvia out of meetings since it would lead
to “discovery”. Sylvia has played a key
role on this project. Jennie said that
the lawyers are aware of the report and they are considering it. Sylvia said she appreciates being part of
the process; it’s been very demanding.
This has ramifications for generations.
·
Pre-file testimony. Motion to go into executive session to
discuss the VELCO issue.
Jennie said they need to talk about paying consultants and
testimony.
Motion made by Eleanor Russell, seconded by Jennifer Cole:
“To go into executive
session to discuss the VELCO litigation”.
Vote: all in favor.
Motion made by Eleanor Russell, seconded by Jennifer Cole:
“To come out of executive
session”.
Vote: all in favor.
Motion made by Eleanor Russell, seconded by Jennifer Cole:
“To approve proposed terms of work by Wilbur Smith Associates related to
a visual assessment of the proposed VELCO line, not to exceed $4,000”.
Vote: all in favor.
Motion made by Eleanor Russell, seconded by Jennifer Cole:
“To approve hiring Craig Myott or a similar professional to prepare a
cost estimate for undergrounding the VELCO line, not to exceed $5,000”.
Vote: all in favor.
Budget review
·
Conservation Commission. Linda Hamilton and Dee Pierce came to talk about the budget
for the Conservation Commission. After
a cursory review of the budget, the select board did not see any issues.
·
Recreation Commission. Postponed.
·
Fire and Rescue.
Eric Van Vlandren said there are no real highlights to the budget; it is
level funded this year. CVFRS is aware
that people are concerned about cost; they felt it was prudent to hold the line
this year. The biggest thing is that
they went down in insurance; the savings have been consumed by EMT payroll.
Ellie asked about the funds for dry hydrants. Chris Davis said they try to do at least one
per year – last year they received a $1000 grant, so the money was credited
back into the account last year. Eric
said the town prioritized the inoperable fire hydrants 6 years ago. Charlie wondered if it made sense to spend
money putting in new fire hydrants, or should the money be spent to fix
inoperable ones nearby.
Virginia Keyser asked if grant money should be reported as
income and the actual money being planned to spend should be reported under
expenses. Eric said they could make it
look like that.
Stephen Brooks asked about negotiating a contract with CVFRS
as a private entity for town services instead of continuing this budget
review. Charlie said that’s not what
we’re here for tonight – it’s a budget review for CVFRS. Stephen suggested just getting a price
instead of negotiating a budget.
Eric said they apply for grants for big capital equipment,
not for office supplies or services. He
liked the suggestion of showing it as income.
Eric suggested breaking down the prices of equipment on the budget so
that people can see what equipment actually costs. Also, all the “super secret
funds” will be in the town report.
Ellie said they would like to have projections on the budget
for this year. Eric said they looked at
fiscal year 2002-2003, which was a complete year while they were putting
together this budget. They made best
guesses on fuel prices, what equipment they would need to buy, etc. They will have new numbers after the first
of the year.
·
Planning Commission. Dean Bloch said there’s a slight reduction in the budget,
excluding salaries. That’s a result of
taking the Burns planning process out of the budget. The suggestion from the Planning Commission is to find another
place for the Burns Committee. Ellie
said she was under the impression that they just wanted a separate line for
Burns (titled Village Planning), Dean said that would be fine.
The revenue is based on the current fee scale. Stephen asked if revenues were lagging
year-to-date. Dean said they haven’t
tracked 6 month or 3 month cycles, so they don’t have that data. The numbers in the budget are flat, just
septic review has changed.
CCMPO – report from Jeff McDonald. Postponed.
Greenwood America – request to
relinquish trail easement. Mel Hawley said Greenwood America
purchased a property from Mel Burns several years ago. In 2001, they wanted to subdivide the
property for a residential development.
In 2001, they entered an agreement to sell the Creamery property to the
Lake Champlain Waldorf School. As part
of the subdivision permit, they were required to grant the town an offer of
irrevocable dedication for a trail easement from Lake Road to Ferry Road. As a result, the sale price to the Waldorf
School of the Creamery property was $12,000 lower.
Mel wants
the trail easement to go away – if it goes away by December 31st,
2003, they get their $12,000 back from the Waldorf School. Is it good policy to have trails through
Class 2 wetlands? Is the trail ever
going to be built? The Planning
Commission and the Trail Committee both want it to stay. Mel said they wrote a letter to the select
board in March, and then wrote another in June. Greenwood America needs an answer by December 31st –
it’s the select board’s decision to decide whether to relinquish the trail
easement.
Stephen
Brooks asked what has changed to get this request on the agenda again. Ellie said the planning commission stated
they cannot alter the wetlands, and that’s where the trail easement is. Charlie asked if the trail is a detriment to
the property, or could it be viewed as an upgrade to the property? In many places, it’s a big advantage to have
property next to trails. Stephen
questioned why the board was entertaining a private business problem.
Marty Illick
said it’s a class 2 wetlands easement so it would be expensive to put a trail
in there, but she does not advocate giving up the easement. The board chose not to overturn the
easement.
Bushhogging of Thompson’s Point. Postponed.
Bills and Warrants
Signed as appropriate.
Select board Updates
Motion made by Eleanor Russell, seconded by Jennifer Cole:
“To go into executive
session to discuss pending legal issues related to WIZN”.
Vote: all in favor.
Motion made by Eleanor Russell, seconded by Jennifer Cole:
“To come out of executive
session”.
Vote: all in favor.
Adjournment
Next meeting: Monday,
December 22nd at 7 PM.
Motion made by Eleanor Russell, seconded by Jennifer Cole:
“To adjourn the select board meeting”.
Vote: all in
favor. Meeting adjourned at 10:25 PM.
Minutes respectfully submitted by
Jocelyn Bolick.