Town of Charlotte

Board of Selectmen

Minutes

Monday, June 23, 2003

6:30 PM, Charlotte Town Hall

MEMBERS PRESENT: Ellie Russell, Chair

Jennifer Cole

Charles Russell

OTHERS: Dan Senecal-Albrecht (selectboard assistant)

Jet Advani

Sheila Braun

Stephen Brooks

Holly Callery

Jake Callery

Mike Claflin Sylvia Sprigg

Eric Farrell

Erich Finley

Janet Foster

Karen and Mike Frost

John Hammer

Clark Hinsdale, Jr.

Clark Hinsdale, III

Allan Jordan

Sylvia Knight

David Marshall

Jeff McDonald

John Owen

Robin Reade

Anita Royer

Nancy Sabin

Carolyn & Rolf Sennhenn

Susan Smichenko

Sylvia Sprigg

Tony Stout

Bob Wright

Jake Callery

Sylvia

Stephen Brooks

Sheila Braun

Marshall

The meeting was called to order at 7:03 p.m.

The items on the agenda were as follows:

Highway access permits: Applicants- 1. Estate of Marietta Palmer, 2. Alma T. Clark June 29, 1995 Revocable Trust, 3. Champlain Valley Cohousing Development Company, LLC. / Adjustments to Agenda / Public Discussion / Appointments (member & alternate) to CCMPO-TAC / Approve appointment of Zoning Administrator, Tom Mansfield, as recommended by Planning Commission / Peter Keating, Executive Director, CCMPO: Report to Town of Charlotte / Adjustments to FY04 Town Budget / Parking issues at Old Brick Store (Michael Frost) / Report by Clark Hinsdale, III on proposed new barn at Nordic Farm / Presentation of Recommendation by Rec. Cmsn. On Town Intramural Program / Open Bids for Brushhogging of certain Town lands / Approve permit request by Waitsfield Telecom to repair utility pole on Thompsons’ Pt. Rd. / Potential acquisition of Varney Farm by Town / Appointemetsnts to Town Trails Committee / Approve minutes of May 12^th, May 20^th, June 9^th and June 11^th / Selectboard Updates

Highway access permits

Estate of Mariette Palmer – Erick Farrell, respresenting the estate, asddressed the meetingSelectboard. He explained that the plan is to come off the existing cut and propose to sweep it. He also said that the Cmikgn off existing cut and proposeing to sweep it – curfrent road serves the existing house. He will be going in front of the Charlotte Planning Commission on July 2, 2003 for a preliminary sketch review. – Jauily 2^nd going in fron tof CPC. Eleanor Russell asked if the road commissioner had been on site and Mr. Farrell said that he had and he had no problems with it. Road commissioner has been there already in answer to Ellie’s question if he had been on site yet. He had no problems. Charles Russell asked if there was a culvert there; Mr. Farrell said there is one but that the entire road needs to be upgraded. Chrales askedf or culvert. Ther eis a culvert – enterie road needs to be upgraded, Eric said. 18 foot wide road in twon spec, but Dan suggested at intersection it may be wider than that. Planenrs will determine that. EllieEleanor Russell noted that the Selectboard said usually sees people after they have gone through the Planning Commission, but sees no problem with this application. The Selectboard directed Mr. Farrell to planning, but she sees no problem with it. 7 lots. Planloloks good to Selectboard. Come bafckd after preliminary. return after the preliminary sketch review with the Planning Commission. Charles Russell asked for comments by neighbors. There were none. Charles asked for comments by neighbors. Tehre were none. No big objection now.

Alma T. Clark June 29, 1995 Revocable Trust – Tony Stout addressed the PCSelectboard. He showed wehere the site was on an ortho map. He explained that the Pplan is to have the driveway be at the top of the long grade that goes down Spear St. eextension. Mr. Claflin asked if a low screening buffer could be planted. Charles Russell explained that that was a Planning Commission item. Scrfeening on ____ he asked for a low screening, Mr. Claflin asked for. Charles said that is a planning commission item. Dan asked if PC had reocjmmmendaiton on curb cut. Yes, this is final approved.Mr. Stout said he would talk with Jean to see if she had any problem with putting screening in, but noted that it would ultimately be the purchaser’s decision. Tony will talk with Jean to see if she would put screening in, but up to purchaser of lot. Dan Senecal-Albrecht Dan asked for dcomments relative to the driveway.

CharCharles Russellles asked Mr. Senecal-Albrecht for the application from Juniorthe Road Commissioner of Dan. Mr. Senecal-Albrecht read from the application noting that the Ssite distance is 550 feet to the north and 1,300 fee t toi the south –and it has been flaggedk Dan read from the appolicationl. .

Champlain Valley Cohousing Development Company, LLC. Champlai Vallye cohousing – Dave Marshall from Civil Engineering Associates showed a map of the location of this project. LHe explained that it is located between Mr. Lawrence’s pond and Doug Cole’s place. ocvasytred between Mr. Larwane’c epondand Doug Cole’s place. This application creates a new curb cut. The applicant has had sketch plan and preliminary plat approval from the Planning Commission and Aploication creates new curb cut. Serve 26 units – had sketpch plan and prleiniahnry plat approval form lpaning ocmmisons – appolicatoin in for ifinal approval to CPC. has been submitted to the Planning Commission for final approval. Champlain Valley Cohousing will formalize the entrance with paving, no curb. Eleanor Russell asked if there was any culvert and Mr. Marshall said that no culvert was necessary there. CVCH formalize enrance with paving, no curb. Ellie asked if any culver t- Dave said no culver tnecessary there. The site distances, he said, are in the northerly direction 510 feet, and southerly 1,230 feet. TSitge distandces in nrotherlyd ireciton 510 rfeetk, southerly 1230 feet. he Agency of Transportation recommendedAOT recommendatdiokns site distances are if the – road is posted at 35 mph, but could use additional signs, but wen t up to 40 and 45 mph, at 45 mph, dthe site sitancde isdistance would be 495 feet. He said that they cCan get 550 feet of distance if they cut some vegetation in front of Mr. Lawrence’ s lot. He recomjmends that., which he recommends . Charles Russell noted that they would be building the driveway in anotherold town’s right-of-way. Buildign drifveway in another otwn’s right of way, Charles noted. DanMr. Senecal-Albrecht asked fowho would be responsible for mowing; Mr. Marshall said it would be applicant’s responsibility. Charles Russell asked for concerns of neighbors. There were none. r reposnbiloityh of mowing – it would be the applicatnt’s responsibilty, Dave Marshall said.

Charles asked for concerns of neighborfs. There were none.

Chairman Russell called the regular meeting of the Selectboard to order at 7:20 p.m. 7:20 – regular meeting – Charles called to order.

Adjustments to Agenda

None. Syhlvia ____Sylvia Knight wanted to raise questions about the issues listed at the end of the agenda and asked when it would be appropriate to do so. Charles Russell said that – can we raise issues during the public disucssiojhn comment and subjmit at that point about VELCO? Charlesshe could bring them up briefly when the matter was scheduled to be discussed later or leave something with the Selectboard that could be read later.

said you can brin it up briefly then or leave something that can read later. At this point, Eleanor Russell made a motion to close the hearing on the two driveway access requests (Alma Clark and Champlain Valley Cohousing). Jenny Cole seconded the motion. All were in favor and the motion was PASSED. Move to close hearing on 2 driveway acdcess request (Clark and COHOUSIGN – Elloie, Jenn second. All in favor.

Public Discussion

Sylvia Knight, addressed the Selectboard stating that she had studied the VELCO duocuments and looked at the Charlotte Town pPlan, which appears to contain no olanguage about tulitelsiutilities and rights- of- way in relation to th et values the Townw wantes to rprtotect and believes that that situation can be remedied. Her next point was that the VELCO project must comply with 30 V.S.A. Section 248 in regard to protecting public health, natural Next poin – VELCO proejfct must comply with 30 VSA Section 248 in reard to protedcting pubolic heath, natural resoures resources and other values covered din the town docucmeetsnts and must show that power needs can not be addressed in any other way. The Mmaterial from velcoVELCO, she said, does not demonstrate to this point that this preoject won’t cojmplycomply with the provisions of the law. She said she was hoping that the Selectboard and the Planning Commission could work together preoovisn sof the law – hopikng that Selctboard nad CPC will work together rtoto amend the Town Plan to include language about utilities and rights-of-way and jmaybe amend town plan to include language about tiltiutelsi and rihts of way get input from the Conservation Committee that it become a party to the VELCO petition and also to perhaps set up an ad hoc group to help them in this process. and inp ut from CCC that it beocm ea prat to VELCO petition and maybe set up adhoc group to help them int eh process. Ms. Knight went on to say that there is Nnothing in comments so far that addresses the issue of toxcins used in chemically- treated poles. There is Nno recognition in VELCO’s report of natural communities that the Conservation Committee has identified in the Town. There are some problems around economics and the lack of full regard for alternative measures. She then distributed written comments to the Selectboard. Eleanor Russell asked if she was referring to chemically-treated “wooden” poles and Ms. Knight said yes. CCC has idneified in the town. Some probelmes around economics and lack of full o regard for alternative measures. She gave written comments. Ellie asked if referrihng to chemicallyh treatedw oooden polesl. Yes, Syvloia said.

Chalrfes asked for nother public disucssino.,Charles Russell asked if there was any more public comment. Stephen Brooks asked: 1) did slectmanthe Selectboard provide inforjmatiton regardidng his attendance this evening (Arthaud)Mr. Arthaud? Eleanor Russell said that she had an email from him saying that he should be back in July – ellie said back in saddle in July –she ahd emjail form him ; 2) has Chalroetet vlUtnerere fire and rescue Charlotte Volunteer Fire & Rescue provided a drafdft of their corporate bylaws yet? Eleanor Russell said no, they have been working on them and they have gone out to the membership but haven’t come back yet; 3)vylaw syet – Ellie said no – they have been working othem, gone out to membership and haven’t come back form membership yet – 3) ffollowing up on the Ploof Farm Rroad discussion at the last kjmeeting, has town ocucnilTown counsel been consuldteconsulted redgarding MwMr. Beldockmont’’s comments? CharlesCharles Russell said yes. Some of Beldex’s comments camae out of a lease bwetttween sShelburene and Ccharlotte and ceased to esxist when the sale went throrugh. The latest word from the town attorney, he said, is that the rowright-of-way that was liadlaid out originally in May of 1965 is still exsisting gin addition to the roradway tha t nodoes not exists and the right- of- way was never extinguished. Beldar

Also, Charles Russell said, when the road was widened to 60 feet from 50 feet in the 1990s, the requirements for fences on both sides didn’t go away, so there are fences when road was widended to y60 fee tform 50 fee int eh 90s, Charles said, the requirements for fences on both wsides didn’t go away – so still reuqireimetnsrequirements for gates at the end of the road, but no requqiremetnt to lock or close the gates at any given time. Mr. Brooks asked if it was the intention of the Selectboard to summarize all these things in writing and if so, when? Eleanor Russell said that will be done towards the end of summer. Mr. Brooks thanked the Selectboard. Is it SB’ intention to sumarmize lalt hese thing sin wriign and if so, when, steve asked. Ellie said end of summer. Thank kyou very much< Steve said.

Appointments (member & alternate) to CCMPO-TAC

Charles Russell recommended appointing Dan Senecal-Albrecht for a two-year term to the CCMPO TAC. Eleanor Russell made a motion to appoint Dan Senecal-Albrecht to serve a 2-year term on the CCMPO TAC as the Selectboard’s representative. Jenny Cole seconded the motion. All were in favor and the motion was PASSED. CCMPO TAC – appoint Dan fo r2-year term, Chalres asaid. Move aponitDan S_A, Elli to 2-year term as our represntaitnve to tehCCMPO – TAC. Jenifer seconded. All in favor. PASSED.

Eleanor Russell made a motion to appoint Debbie Ramsdell to serve a 2-year term on the CCMPO TAC as the Selectboard’s alternate representative. Jenny Cole seconded the motion. All were in favor and the motion was PASSED. Also, Elli moved to apopinte Debbie Ramsdell aslatenrate to same orgnaizaiton for eh reuqireiste term. Jenny seconded. All in favor. Passed.

Approve appointment of Zoning Administrator, Tom Mansfield, as recommended by Planning Commission

Eleanor Russell made a motion to approve the recommendation of the Planning Commission to appoint Tom Mansfield as the Zoning Administrator. Jenny Cole seconded the motion. All were in favor and the motion was PASSED.

Appoikntgemtn of Zoning adminsitriator – CPC recolmmedned – Elli moved to approve CPC apopintmetn. Jenny seconded. All in favo r – PASSEDl.,

Peter Keating, Executive Director, CCMPO: Report to Town of Charlotte

PETER KEDATING – Susan Smichenko addressed the Selectboard in polace of Peter KeartingKeating. Addresssed th PC – She explained her purpose of being there was to talk about the 2025 Metropolitan Transportation Plan and give explanationand to give an update. Did just handouts.She distributed hard copies of a Powerpoint presentation which she went through and explained. She gave a brief overview of CCMPO, that it was – established by federal law , locally contgroleld in 1982. The CCMPO is responsible for creating the Llong-range plan, maintaining the Transportation Improvement Programs (TIP), project scooping, planning studies and technical assistance. Creating the Plan is required by law. H and it has to be updated every 5 years. She went on to explain that Ssome of the new information in the Plan isconcerns freight study, the bike/ped plan, corridor studies, new population and emloyemtnemployment rproejectoions, transit studies and palans fo r inteliigentintelligent transporatointransportation systems. The Llast update was in 1997. She Eexplained the phases of devlepingdeveloping the pPlan. . The CCMPO Llooked at existing conditions, existing public tarnsporationtransportation, rail and bike/;ped facilities. , as well as Looked at county travel patterns. They Trend analyhsis looked at population and employemtnemployment preojctiosnprojections devleopddeveloped for the county and spreading jobs and households and then relating it to traffic and transportation and coming up with a 2025 planlPlan. That was Phase 1. SHE WENT THROUGH POWER POINT PRESENTATION ATTACHED. She said that by this fall, they will have a draft plan for the Selectboard to read. By fall, have draft plan for Selectboard to read. She said that the Ggoal is to have people not use their cars – stgaggaered work hours, bike/ped planning, increase transit, CIRC highway. They are Ttrying to balance the money –between interstate and arterials. They have also spent lots of time in public outreach; they have made presentations to selectboards and held workshops. interstae aned arterials. Lots of time in public outreach. Made presentations to selctobards, workshops. Now finalizing the preferred latenratigve in tersm of what projects CCMPO wil lbe recommending. Iiimportant to be in MTP to secure federal fudnign for them – hope to have draft plan readyh in July 03. They Hhope to adopt the plan in late 2003. Sylvia Sprigg asked what is the official line of the CCMPO about Burlringtotn’s proposed mujltimodal downtown transit center. Susan Ms. Smichenko said they have always supported the multijmodalmultimodal transit center; the believe it is an important component to continuing growtht of transit in the county. Syhlvia asked the location. SusanShe said she had never heard any ojbectoinobjection to the location – it is near the lake and they are promjtingpromoting lalkelake front devleopmtndevelopment;, it is downtown and accessible. e – sShe did stress that it is a City of Burlington project. Ms. Sabin asked about the $1.5 million cost for building it. Ms. Smichenko said he has heard that bad thing to have near lake cuz bus stations are bad places. Bulringont wants to create a nice place near ECHO center, she said. They encourage public transportation. IT is a city of bulrington project. Nancy asked if 1.5 milllin for building and that’s noneof yoru funds?? that a lot of it was federal funds. Susan said a lto of it is federal funds. Wantg it near the railroad tracksf or the train, Nancy confirmed with Susan. Sylvia Knight said it was good to have it in one place and the main disadvantage is that it is away from Church Street, the main shopping center. She expressed concern Sylv a____ good to have in one placek,m – main disavnatgne is away from shopping center (Church Street). Sylvia ___ -concerned aabout the ejmphasis on highways and very littile emphaspissemphasis on alternative tarnpsorttransport. Susan Ms. Smichenko said that they strive for a balanced approach and the Pplan does have signaitincintsignificant dollars for bike paths, sidewalks. Syhlvia ____Ms. Knight said expressed her concern that widening roads tends to increase speed. weidneign tends to increase speed, she voiced her concern. Susan Ms. Smichenko said the most fcirittical elrmement was land use. If there is sprawl, congestion will get worse, she said. S Sylvaia Sprigg remarked that thesaid January roundtable workshop was a very good acitityactivity. Clark Hinsdasale, Jr. asked about the future of the reailroad. SusanMs. Smichenko said they are evaluating a number of things (federal transit amdihnsitraiton – we had gotten al to fomeony for rail and it was costing goto much mthereoney) and there are no immeidat eplans toimmediate plans to start up rail again, only if traffic during construction on Route 7 gets to be a problem, will the State consider starting up the train again. Sylvia Knight – they said if traffic during congstructoin on route 7 gets bakck, the=y will consider startin git upagain. Sylvia ____ expressed concern that the VELCO preoject may take its new expanded taransmission line rirhght on top of rr the railroad station so may have tow rk out coorfdination with that. Syhlvia ____ - . She saidsaid all reprairs mad e on the railroadrr for passenger service were jmade on the understanding that service be resumed or continue, so she hopes that those epxpeneditgures are not in vain (the building of the station). Susan Ms. Smichenko said that the CCMPO considers passenger rail to be an important ocmponetncomponent of transporatintransportation system. When The Champlain Flyer was operatingk, it wasn’t used by enough people – tghey are also loking at bringing tarisn to Misddlblour; St. Albans. Rfail is imporatn to CCMPO and part aof the future. Clark Clark Hinsdale, Jr. asked if the City could afford the proposed multimodal systationem. Ms. Smichenko said that it is a City of Burlington project being paid for by federal dollars. bed able to afford the multmodall. Suean said City of Burlington rpeojct being paid for by federal dollars. Clarfk asked if it will be adfforfdable. Susan said doesn’t know if got any teantn. Nancy asked costs $15 milino for whole preojct, Susan said. Ellie surpised that CCMPO Board support CIRC highway from end to end.

CharlesCharles Russell asksed about freight. SusanMs. Smichenko said athere was a freight study that looked at oppouirthiunities for freight in Chitten den County but have recongiezdrecognized that it is outdated and freight is very much a focus right now. They are – looking to update the study next year. Charles Russell asked what types of freight to which Ms. Smichenko responded by saying that there is not an emphasis at this poWhat types of freight,