Town of Charlotte

Board of Selectmen

Minutes

 

Monday, September 22, 2003

7:30 PM, Charlotte Town Hall

 

MEMBERS PRESENT:       Chairman Charles Russell

Jennifer Steele Cole

Eleanor Russell

Francis Thornton

 

OTHERS:                               Stephen C. Brooks

                                                Holly Callery

                                                Dana Farley

                                                John Hammer

                                                Allan Jordan

                                                Robert Mack

                                                Edd Merritt

                                                John Owen

                                                Chip Patullo

                                                John Quinney

                                                Debbie Ramsdell

                                                Peter Richardson

                                                Larilee Suiter

                                                Jocelyn Bolick (clerk)

 

The meeting was called to order at 7:30 pm.

 

The items on the agenda were as follows:

 

Call to Order / Adjustments to Agenda / Approve Minutes for August 25, September 15 / Public Discussion / Varney Farm Update / Decision to Hire Selectboard Assistant / Authorize bills and warrants / Adjournment

 

Adjustments to Agenda

 

 

Motion made by Eleanor Russell, seconded by Jennifer Cole:

“To approve the job description for the Senior Center Coordinator”.

Vote:  all in favor.

 

Stephen Brooks asked what is equivalent to a 4-year degree.  Ellie said that it is standard substitution of 2 years of pertinent experience for one year of college.

 

 

Motion made by Ellie Russell, seconded by Jennifer Cole:

“Move to appoint Frank Thornton as the selectboard representative on the board for the Senior Center”.

Vote:  all in favor.

 

Stephen Brooks said the name of the corporation is the Friends of the Walter Irish Senior Center, Inc.  Debbie Ramsdell said the meetings are the first Thursday of the month.

 

Motion made by Frank Thornton, seconded by Jennifer Cole:

“Move to appoint Ellie Russell as the selectboard representative for the Library”.

Vote:  all in favor.

 

Stephen asked if it was strictly a liaison position, it’s not filling a trustee seat, right?  That’s correct.

 

A contract has been received to rent the Senior Center.  This item will be placed on a future agenda.  Stephen Brooks asked why the select board is dealing with this – he feels the board’s agent should be dealing with the contract, not the select board.  The select board already pushes around enough paper! 

 

 

Motion made by Eleanor Russell, seconded by Jennifer Cole:

“It is the sentiment of the board that the cure period should be extended”.

Vote:  all in favor.

 

 

 

 

Approve Minutes for August 25, September 15

 

Motion made by Eleanor Russell, seconded by Jennifer Cole:

“To approve the selectboard meeting minutes with corrections for August  25th ”.

Vote:  3 in favor.  Francis Thornton abstained (was not a member of the selectboard on August 25th).

 

On page 2, change (before heading of VELCO) “… as long as there is an operating pertinence to the Old Lantern” to “ as long as it is pertinent to the Old Lantern”

On page 3, change Forth Brook to Thorpe Brook.

On page 4, add that P. Arthaud and D. Ramsdell abstained from the motion. 

On page 7, correct (on the move to appoint Francis Thornton as a fill in) vote from 4 members in favor to 3 members in favor, since Debbie Ramsdell couldn’t vote.  Also add that E. Russell was the negative vote.

 

Motion made by Jennifer Cole, seconded by Frank Thornton:

“To approve the selectboard meeting minutes with corrections for September 15th ”.

Vote:  3 in favor, Ellie Russell abstained (she was absent from the Sept. 15th meeting).

 

No corrections were noted.

 

Public Discussion

 

·        Concerning meeting minutes from September 18th by the selectboard, the move to come out of executive session was made by Ellie Russell and seconded by Paul Arthaud.

 

·        Stephen Brooks asked about the contract with fire codes and the HR personnel policy rewrite being done by an outside consultant, has it been shared with the select board?  Is it their intention to share it with the select board?  Charlie said no, it has not been shared, but they do intend to share it.

 

·        Stephen asked about Plouffe Farm Road, what is the selectboard’s intention there?  Selectboard does not know.

 

·        Stephen asked if anyone has seen the firehouse bylaws?  No.  Ellie will ask about it.

 

·        Stephen asked about the status of the Barrows cash flow?  The trust has been funded according to the public documents at the court house.  Have you seen any documents?  No.  Ellie will talk to them.

 

·        Stephen asked if there was anything knew about fire truck specs?  Ellie said there was a meeting scheduled with Mike O’Neill from the Burlington Fire Department.  They are still in the looking stage.

 

·        Stephen asked about the Burns planning committee.  The old timeline had the Burns planning committee work wrapped up in 2003, where is the selectboard with that?  Charles said it is progressing and we’re about to send the final version of the process to the Vermont Land Trust and the Preservation Trust for their approval.  Dana Farley said they had a product that they considered pretty final, but then they had an opportunity to spend some time with a planner from England.  They now want to incorporate some of his ideas into the planning process.   Then summer hit, and everyone was planning vacations, etc.  Now they’re ready to work on the product again.

 

·        Stephen asked about Fournier power line getting buried.  This will be added under “Adjustments to Agenda”.

 

·        Stephen asked about the Park and Recs Department proposal to pull together all the management issues.  Charlie said we’re waiting for Paul to give us a proposal.

 

·        Stephen asked about Thornton’s Trace, was there any conclusion?  It is still ongoing.  Ellie said when the Hinsdale’s get their plans finalized, they will agree to alter the path so it runs in a way that is satisfactory to the town and the Hinsdale’s.

 

·        Stephen asked about the town land inventory discussion that occurred over a year ago.  Ellie said some work was done on that, they do intend to do it.

 

·        Concerning the town web page, Stephen would like to drive home the point that it is helpful and useful; perhaps it can get a higher level of attention when a new selectboard assistant is hired.

 

·        Stephen asked about writing a policy on the use of town buildings and properties.  Ellie says it is still being worked on.

 

·        Stephen asked about the use of Barber Hill for private parties.  Ellie said that’s part of the previous point.

 

·        Stephen asked about a plan for maintenance and upgrade of gravel roads.

 

·        Stephen asked about the Thompson’s Point long term strategy and investment study.  Ellie said she would love a core of volunteers to come and assist with all of the above items. 

 

·        Chip Patullo and Debbie Ramsdell from Champlain Co-Housing appeared to discuss a conflict between the state’s wastewater regulations and the town’s regulations.  They would like the town to move forward to adopt the states’ regulations.  They do have some easements and they are working on a design for meeting the criteria for a permit.  These easements require use of adjacent properties that they would rather not use.  New state regulations would mean that they wouldn’t need adjacent properties.  There are a number of difficulties of designing systems that are compliant with both sets of regulations. 

 

Charles asked why the engineer designed it to rules that the town has not adopted yet.  Chip did not have an answer to that question, he did not know.  Perhaps he thought they were about to be adopted, maybe it was an oversight, he’s not really sure.  Charles said the Co-Housing project was planned based on new state regulations, but the town has not adopted those yet.  The Planning Commission put a condition on the permit that they approved a couple weeks ago saying they can only build it to the rules that the old regulations would allow.  Chip said it is $2,000 to $5,000 per housing unit to build those additional fields, but under the new regulations they would not need to build the fields.

 

Ellie said there’s a fair amount of work that needs to be done before they make the decision to adopt the new state regulations.  Chip said that the Regional Planning Commission assisted Shelburne with a growth study, and Shelburne did adopt the regulations within the past year.  So there may be some work that has been done that pertains to Charlotte as well.  Charlie said this issue should make it onto the agenda within the next few months – the Co-housing project is not the only group that is affected by this issue.

 

Debbie Ramsdell said they must be adopted by 2007, so let’s get moving on it.  Stephen Brooks said the discussions have been more of staying with the old ones until necessary, since the old regulations are  much stronger than the new ones.

 

Holly Callery understands that the town should take the time to look at the new regulations.  But, because it would be an extraordinary hardship to the people who have put so much time and money into the project already, she wonders if the select board could say that any project that would preserve the major percentage of the land can go under the new regulations.  What if we said any project that preserves 60 or 70 or 80% of the land, perhaps they can go under the new regulations.

 

Jennifer Cole said that Clark Hinsdale was talking about a similar idea – projects that preserve land and that are consistent with the town plan.  Perhaps there could be a waiver for this project?  Ellie said they have approval for 17 lots, so it doesn’t stop the project, does it?  It’s just the additional 23.  Chip said they would have to increase the prices significantly if they were just going to build it as is with the existing capacity on site.  That might squeeze some people out who are currently members.  Another point is whether you want to do “zoning by zoning” or zoning by someone else’s regulations.

 

Jennifer asked about the difference in the way it would be constructed if they worked with 17 units now, and adding 23 later.  Would the septic design be different?  Chip said yes.  Under the old regulations, they would need a much larger field.  This is requiring a larger field for a smaller number of units.  What the state has studied over the last 25 years, when projects get to this size, it is not worst case scenario.  Not all people are home all the time.

 

Allan Jordan said his engineer feels in many cases it helps a developer, and in many cases it hurts a developer.  He would like to know if the selectboard has had an unbiased presentation of the pros and cons of how it would affect the building.  Charles said we will put this on the agenda and discuss it the first meeting in October.  Allan would like to get an engineer who does not work in Charlotte to discuss the project.

 

Stephen Brooks said many people would think that both of the discussions that occurred concerning this issue were very broad and informed discussions.

 

Varney Farm Update

 

Charles said there is a conference call in their future with the Demeter Fund (Davis Charrington and Doug Horn) to talk about what to do with the Varney Farm.  Tonight they would like to get some sort of approval for ideas that they want to present to the Demeter Fund.

 

Dana Farley said she’s not so sure that it matters how many members of the selectboard participate in the conference call, as long as the person is speaking with one voice for the board.  They would like to have the conference call done by the end of this week.

 

Ellie said we need to decide tonight where we’re going.  Dana said they would like to see the 10 options or so narrowed down to one proposal.  Charlie said they have come to a dead end with the density issue with trying to put many units on the parcel.  Peter Richardson asked if that was an update, since it sounded like a conclusion.

 

Jennie said there are lots of things that we haven’t looked into yet – there is a lot more information to gather; is it really necessary to narrow in on one use or group of uses, or can we say we’re looking at different uses and would like to involve other parties.  Ellie feels we can narrow it somewhat – we need to begin to focus this.  We can say we want to do this, but if it doesn’t work we’ll try to do this or this.

 

Charlie said we need to narrow this down to 1 or 2 ideas, to have this call and not jeopardize what we’re doing.  Dana said the selectboard does not have enough information to determine whether a proposal would be feasible at this point, but the Demeter Fund would like to know what is desired and what steps would be taken as backup if the proposal is not feasible.  Also, the density issue has not been completely decided yet.  Creating density with adjacent conserved land was not feasible.  Charlie feels we need to put forward some concrete plan that does not involve upping the density at this point, since density is not the only issue – there’s traffic, etc.  He feels we need to put together a plan that is clearly feasible with what we know about the property right now.

 

Peter Richardson said Charlie wrote a letter in early August that identified affordable housing as the primary use, with secondary uses listed also.  What has happened since then?  What has happened since our conversations last week?  Density is off the table, so the doors are closed.

 

Charlie said that the doors are not closed, but the Vermont Land Trust suggested modifying the restriction of the development rights on the Demeter Park to pull density off to apply straight to the Varney Farm.  That approach can’t happen.  Peter asked to whom the response was made – there has been no evidence of any interaction whatsoever.  Charlie said the town attorney has been trying to work this out and has been trying to contact the Vermont Land Trust, but he has hit a dead end.  Ellie said the impression we were getting from our lawyers and the lawyer from the Land Trust is that it won’t work.  Dana said it seemed to be too complicated and the legal avenues did not appear to be there.  Amending a conservation easement is an enormously complex thing.  The door is not entirely closed – if the town wants to think about high use there, we can talk about it again.  But the talk has been heading toward a lower scale usage there.

 

John Owen said that every property that is going to come up is going to have problems, with some taking years to solve.  If you decide to make a commitment to affordable housing, then you need to begin solving problems.  Francis Thornton said we have a deadline to meet.  John said that’s true, but they are just asking for the intent of the land usage at this point.

 

Charlie talked about renting it “as is” for right now until a main use can be determined.  Ideally (without affordable housing and solving the density issue) this would be renting it to the non-profits.  Allan Jordan asked what the first backup is.  Charlie said the board has not discussed it, but perhaps selling the house, based on whatever restrictions come with the property.  They did testing today; there is no appreciable septic and little water on the property.  Peter said it would be helpful to have the benefit of those reports.  Charlie said it’s possible there are 6 bedrooms worth of septic grandfathered on this property. 

 

Jennie contacted the state concerning the well.  The state could find no record about the well.  Jennie called well drillers to see if they had any records – so far, no luck.  The well drillers had information about testing the well – they talked about a flow test.  It’s $300 to $500 and it would determine how deep the well is and how many gallons per minute, but it’s not clear if it’s a test that can be used for public buildings.  Also, how would the buildings best be maintained?  Ellie said the organic folks are primarily interested in the house and the land.  At this point, they are not interested in the barn.

 

Stephen Brooks asked if the intention now is to write a proposal laying out continued use of the property status quo, and laying out future use of the property.  Who is going to write the proposal?  Charlie said the selectboard will decide who will write it.  Stephen suggested engaging someone who does this stuff all day – they can knock it out pretty quick.

 

Dana said she would like to apologize on behalf of the Demeter Fund – the town has been trying to get information from the Demeter Fund (operating costs, etc.).  She feels after a conference call, the outline for a proposal will be much clearer to the town.  The Demeter Fund may be willing to talk about a subdivision of the house from the rest of the property.  Since the density issue may not be completely closed, this whole thing has prompted a board-wide discussion.  If the density issue is going to change, it will be something that will require a whole lot of work and needs to be aggressively pursued.

 

Allan Jordan asked about the priorities of the land use for the selectboard.  If the selectboard puts affordable housing at the bottom of the pile, then the Demeter Fund will put it at the bottom of the pile – the whole thing may just fall apart.  Charlie feels the board strongly promoted the affordable housing concept at the beginning of the summer, and that’s why it was so hard to get done what needed to get done.

 

Dana says she does not know how much the Demeter Fund cares about affordable housing in Charlotte, but they do care about what happens on this site.  She feels that they got off-track with affordable housing, and it’s not a definite “no” but a “yes” would take a lot of work.  Charles said the Land Trust preserves a lot of land in the town, and he doesn’t feel that we should be jeopardizing future projects by aggressively pursuing ideas that make them nervous.  We need to be careful.  Peter said if the board is serious about embracing the need for affordable housing in this community, we need to do more than lip service.  Ellie said the board has gone back and forth with the lawyers, and the reading the board got is that it just won’t work here.  Charles said this is just not the right site for affordable housing.  The selectboard can pursue other ideas for affordable housing, but this site may just not be right.  The town meeting is where we can gather information as to whether the town feels this is the right site for a busier activity than exists there now.

 

Jennie called to get information from the Vermont Division of Historic Preservation on projects that have been done in the state where sites have been preserved by using them in some other way.  She thinks it would be good to be knowledgeable about the possibilities out there.  If there’s interest from people willing to put in time and get a project moving along, this would be a good way to go.  One of the things we want to do is maintain the view and the historic structures that are there.  Maybe we need to do some looking at what has been done in other areas.

 

Francis Thornton said when Mr. Rockefeller bought the properties his purpose was to maintain the view and the atmosphere of a farming community at the top of the hill.  With a large scale development of housing, you are completely thwarting his ideas.

 

John Quinney said there’s very few definitive answers to the questions that are coming up.  Is there any way of holding the property and committing resources to get a rigorous investigation of the issues to come up with some definitive answers?  Francis said Charlie has come up with answers – there is not sufficient septic or water.  John asked if there’s a way to get an answer to the density question (using adjacent conservation land to provide density for this property).  Charlie said it can’t be answered within the next couple of weeks.

 

Allan Jordan asked what’s going to happen in March when the board tells the town it needs $17,000 to maintain the property for the year.  Charles said the intent is to not to cost the town anything.  Allan said maybe we ought to not buy the property and tell them to keep the house.  Francis said at $17,000, preservation of the house is still a tremendous bargain for the town.  Allan said there are lots of people in town whose taxes have gone up last year, they won’t be happy.

 

Debbie asked if one of the goals is to make money for the town.  Charlie said he doesn’t believe the town could do that unless it was a small amount to be used to maintain the park next door.  The town can’t be in a landlord situation.  It needs to state a public purpose for acquiring this property. 

 

Charlie said we need to focus on this conference call.  The selectboard will attempt to be there en masse.  Dana said they would need to schedule within the next couple of days.  They will aim for Thursday or early Wednesday.

 

Peter said he applauds the selectboards’ efforts to keep the process open.  The difficulty that has been run into is that a lot of what has happened has been invisible.  It’s hearsay.  It has been a point of frustration – referring to comments made by someone else about septic, etc.  If there is going to be a real commitment in this town to affordable housing, we need to do this better.  Charles encouraged Peter to come to the Burns property meetings – it has water and septic, centrally located, and there are 55 acres.  Peter said that it’s important to try and make sure a public process is public.  Ellie said communication is a tremendously difficult thing to do.

 

Charlie said the possible uses for the property are:  Keep running it the way it is as long as it takes to get the organic people in for office space, else look into subdividing the land, or pursue the affordable housing.  Jennie said we have to really think about how we can pay for maintaining those buildings.  Francis said the biggest problem will be maintaining the barn – it may be past the point of being able to do anything with it.  Charles said it needs a roof and the foundation worked on if you are going to make it a public building, but for farming purposes just the roof needs to be fixed.

 

John Hammer said when you do a case study you always put down the pros and cons and balance them out.  He has never heard any pros or cons to the argument of letting the Demeter Fund sell it.  After 3 months of putting a lot of energy into this problem, we’ve come up with a lot of negatives.  Maybe we want to reconsider this - let the Demeter Fund keep it, otherwise lets figure out the positives of keeping the property.

 

Ellie said the organic farming option is a positive and it fits the goals that we have set out for that property.  It preserves the view and the building, puts it to effective use, brings in enough income to pay expenses and the land is used for agriculture.  There are a lot of pluses there and not many negatives.  It supports the town plan; the group is excited about doing it.  Charles said the negative that has been brought up is that if there’s a subsidized farmer in there, it’s competing with local farmers.  Ellie feels we don’t necessarily have to subsidize the farmer, it’s their program – it is part of what they do.  She feels that may be a weak argument.   We should put some protection in there in case it fails.  Francis feels it makes sense to bank the land.  As the town grows, there will be more and more uses for that property.  The town hall is not big enough to include office space for Parks and Recreation, for example.

 

Charles said they would need 24 hours to warn a meeting.  Stephen suggested - if hiring someone to draft the proposal, they should be in on the conference call and they should be called tomorrow.  Charlie feels the selectboard can draft the proposal, and run it by Dana.  Dana said that after the selectboard has talked to Doug Horn, everything will be much clearer.  There are so many people involved that it’s been a frustrating process.

 

Decision to Hire Selectboard Assistant

 

Motion made by Eleanor Russell, seconded by Jennifer Cole:

“To go into executive session to discuss the hiring of a selectboard assistant”.

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 Francis Thornton, seconded by Ellie Russell:

“Move to hire Dean Bloch in a combined position as the town planner and the assistant to the selectboard in a full time position at the salary of $38,480 (full-time position) subject to review by the town attorney”.

Vote:  all in favor.

 

Stephen asked about the number of applicants – there were 7.  Stephen asked if the salary was doubled from the 20 hour job.  Charlie said no, it’s an increase to $18.50 an hour instead of $17.09.  He will be in both the town planner and the selectboard assistant offices.  Ellie said there is a cost involved – he is getting more pay, and full-time benefits.  He will need to give 3 weeks notice in Georgia - he is the town planner there.

 

Authorize bills and warrants

 

Signed bills and warrants as appropriate.

 

Adjournment

 

Next meeting:            Monday, October 6th at 7 PM.

 

Motion made by Ellie Russell, seconded by Jennifer Cole:

“To adjourn the selectboard meeting”.

Vote:  all in favor.  Meeting adjourned at 9:45 PM.

 

Minutes respectfully submitted by Jocelyn Bolick.