Town of Charlotte

Board of Selectmen

Meeting Minutes

 

Friday, October 03, 2003

10:00 AM, Charlotte Town Hall

 

MEMBERS PRESENT:       Chairman Charles Russell

Paul Arthaud

Jennifer Steele Cole

Eleanor Russell

Francis Thornton

 

OTHERS:                               Dean Bloch

                                                Sheila Braun

Davis Cherington

Peter Coleman

Dana Farley

Debbie Ramsdell

Jocelyn Bolick (clerk)

 

The meeting was called to order at 10:05 am.

 

The items on the agenda were as follows:

 

Discussion of Varney Farm Plans with Demeter Representatives – Dana Farley and Davis Cherington / VELCO – Letter Supporting Request for Extension from Public Service Board / Co-housing Discussion / Adjournment

 

Discussion of Varney Farm Plans with Demeter Representatives – Dana Farley and Davis Cherington

 

Charlie said the first choice is to rent it to non-profits, but the issue of competition has not yet been talked about in-depth.  Ellie said it would be preferable to have a farmer that lives close by – perhaps in town.  That would be an opportunity for a local farmer to participate. 

 

Ellie asked Davis what he wanted to accomplish at this meeting.  Davis felt he should listen and absorb, and respond in a methodical way in consultation with the Demeter Fund rather than respond off-the-cuff.  The select board presented a written summary called the “Varney Plan”, dated September 29th, 2003. 

 

Charlie said the fuel for the property is purchased through Patterson Fuels; the board will ask them what the cost for fuel has been running.  Davis said they put a good liner in the chimney of the property.

 

Davis wondered if Charlotte is a town that finds itself up against a lot of pressure to hold the line financially.  Charlie said that at the town meeting, there was pressure to cut the budget by $34,000, so there is that pressure.  Ellie said that they have made the commitment to keep this property cost neutral to the town.  Charlie said he suspects the town would approve some amount of money to keep it functioning if it had a clear value to the town.

 

Dana asked Davis what would be involved for the town if they were committed to maintaining the building.  What sort of standard would we want to establish?  Davis said the condition of the property as it is in mid-to-late summer is the standard they wish to maintain.   Davis said it is not inexpensive; it is an undertaking.  If you did a non-profit, you would be the landlord.  These organizations have very little money – their fortunes ebb and flow; this could end up being a very expensive place for them to be given their modest income.  Ellie said that is one of their concerns also – they can’t embark on this if they can’t afford it.  Davis said the gross expenses of running this property are $30,000/year.  He feels that is a fair and comfortable number, but it does not include the barns.  That will need an upfront capital investment to get them up to speed.  Ellie asked if there was some way to break it down.  Davis said he can break it down somewhat, but they’re paid out of various sites around the country and he doesn’t see all the expenses.  Capital repairs are one of the big things – it was $10,000 to paint the house, and that will be a recurring expense.

 

Jennie asked if they want the buildings to stay in tact, or preserved as historic structures, or removed?  These are interesting buildings, but does the Demeter Fund want all the features maintained?  Davis said you could do a pseudo-slate roof; the appearance is slate, but it fools most people.  Basically they would like the appearance to remain the same.  Davis said it’s a dilemma – the best thing for the town is to retain enough land and access there, and to sell the buildings to someone who has the money to maintain it.  Take the proceeds of the sale and invest that in an endowment for the park with some sort of matching fund.  Davis feels that’s one of the least risky scenarios.  He feels there’s a possibility that the Hinsdale’s might be interested in buying the house.    

 

What does the Demeter Fund want to maintain the property?  They would not want to see vinyl siding, for example.  Davis feels the property is in pretty sound condition.  Charlie said the roof needs a few shingles on it.  Davis said the Demeter Fund would like to have a joint venture with the town to ensure the property does not get run down.  Ellie asked if those sorts of restrictions can be written into the deed.  Davis said it would probably be a historic easement held by a preservation trust.  He does not want to make a choice for the town, but it is a conservative choice.

 

Paul said they would need to rent it out for $2500/month to get $30,000/year.  Davis said they tried it both ways – relying on tenants to do maintenance for rent, or just charge higher rent and hire maintenance done.  The property generally looks better when you charge higher rent and hire out the maintenance.

 

Charlie said the town overwhelmingly felt it was better to take the property – you never know down the road - the town might have a good use for the property.  Selling it to a private individual to rent it out (knowing that you can’t charge enough rent to maintain it) – it seems that the property will deteriorate.  Ellie said there was a strong opinion in the town to use it for farming if possible.  She feels there’s a “coming together” of the people in town of what they want, but there are a lot of issues to be worked out.  Davis said that these are 2 options that the town has come down to.  Dean asked if any permitting issues have been worked out that would come into play under the non-profit. 

 

Davis said the consortium idea is a nice idea and can’t be dismissed as impractical because it might work, but the traffic safety issue is substantial.  The water is probably okay, as long as people don’t all take showers when they get to work!  The 3rd issue is the town and state requirements for an occupancy permit for that kind of use with respect to the existing septic system.  Charlie said the property is grandfathered to 3 bedrooms for septic, and if you can get an affidavit saying that 6 bedrooms were in use in the 1970’s, then it would be grandfathered for that.  The septic for this use should not be an issue.  Ellie asked if there have been problems with septic with the current renters.  Davis said no, but he did know that the septic had been worked on before he got there.

 

Right now there are 4 potential occupants:  Intervale, NorthEast Organic, Center for Sustainable Agriculture, and the Vermont Fresh Network.  Dana asked if they had given the town any indication of what they could pay.  Charlie said one indicated they were currently paying $325/month; one is in someone’s spare bedroom, etc.  He feels that they are looking at the town to give them a number.

 

Jennie wanted to know how far the Demeter Fund was willing to go as far as use of the barn.  Do they want it used for agriculture, or could it be converted for other uses.  Davis said adaptive re-use is fine; it’s pretty expensive, so would it be practical?  Also, could you have safe exit and entrance there if you are having public events?  The maintenance of the historical structures within the agricultural landscape is Stephen’s original vision.  Ellie said that it is the select boards as well.

 

Paul stated that of the 4 potential occupants, he believes there would be additional support (state, private, whatever!) to the level where the barns would be completely restored and maintained.  Dana said there are resources out there to provide funds for organizations such as these.

 

Ellie said one of the groups is excited about the possibility of a dairy farm.  Francis said the problem with dairy farming is that there is not enough land.  Charlie said that’s where the adjoining park land comes in.  Francis said that’s a nature preserve, you can’t pasture cows on there.  Charlie said some of that land is designated as pasture; it would not be into the wildlife area.

 

Dean asked about restriction on additional structures:  what about a small theatre there?  Francis felt there would be a zoning problem.  Davis said the existing barns would be the highest priority before starting to build additional storage.  That wouldn’t be the cheapest way of doing it though.

 

Davis asked if the town wants to be a landlord.  Ellie said no, not in a big way.  Paul said in the short term we might consider it.  Ellie said if we took possession in the next few months, there’s no way we’d have anything ready.  The town does not want to be a landlord to the tenants that are leasing it now.  They would want to lease it to tenants who take on a certain amount of responsibility.  Dana asked if the town feels it has the resources to be a landlord to this group of non-profits.   What about the nitty gritty management – frozen pipes, the snow plow guy didn’t show up, all the realities of being a landlord.

 

Davis asked if there’s a way to set up an entity which would be a small board with Demeter input, town input, some expertise, etc.  Paul said that sounds like the Park and Wildlife Committee.  Davis said he was thinking more of a 501c3.  It sends the message to Stephen that this is being handled – we’re close, but we’re not there.  Whatever the outcome, it would be handled according to the given objectives.  Paul said the Charlotte Community Trust is an alternative and it already exists.  Ellie asked if Davis is suggesting that the transaction take place with that entity in place.  Davis said yes, it would enable the town and the Demeter Fund to continue carefully down this road and identify clearly what the objectives are.  It could end up being a town property if that is appropriate or it could end up being a 501c3 that meets the goals and the objectives.

 

Charlie said it’s not unlike the Senior Center.  The Senior Center finally happened when an independent group organized and did some of the work for the select board at the time.  They are now managing the property.  They are an independent 501c3.

 

Ellie said the board would be representatives of the town, from historic preservation and from engineering.  Jennie asked if there are other existing groups (501c3’s) that could help.  Davis said there are a lot of 501c3’s; the trick is to find one that is not yet cast in stone.  He feels they could find one, but on an interim basis one could be formed.  Paul said the group of people would have to spend $1500-$2000 to create it, go through a review process, and then you become a temporary 501c3.  Davis said that is something Stephen might want to help do.  Then the work that is needed to be done would not have to come out of the town.  It would not be the select board – it might have a member of the select board on it, but it would not be the select board.  Paul likes the idea of the joint venture/”Friends” group.  Davis said they are always private, but there’s a little bit of overlapping membership.

 

Charlie asked where we go next.  Davis said it seems as if the sale to a private party is something that would rise to the top once this other alternative has been determined not to be feasible.  We can’t go back to Stephen and say we’ve done all the homework necessary to determine the feasibility of Option “A”.  A good interim (and maybe long term vehicle) is a “Friends” group.  Be aware that these 3 organizations, through other avenues, work very hard to scrape together funds.  Their fortunes go up and down.  Recognize that you are not bringing in a major corporate tenant.  Charlie said if they could do this project it would help their business – more visibility.

 

Davis said he doesn’t think without these issues resolved, he and Doug would advise Stephen to deed the property to the town – it could result in a misunderstanding.  He feels this is progress – a lot of work went into this to get to this point – but he feels he would like to close out this item by the end of the year.  And it is very likely we won’t be ready to close this out by then.  Charlie said the non-profits are looking at the select board for numbers to go to their meetings in November.   He feels it is important to get the costs associated with the place.  Ellie said it will still take a little while to get it set up; she is still worried about the timeframe.  Davis said the property won’t go anywhere.  If the process has been put in motion and it’s agreed that it is a good idea, then that buys time with the Demeter Fund.

 

Dana asked what the town should offer in writing to the Demeter Fund now or in the future.  Davis said the two options feel very familiar.  They won’t be surprised by the options and they will be gratified that it has been narrowed down to that.  He feels they would be positive about moving forward.  Davis said they could probably get back to the town in 14 days with numbers.  He feels the ball is in his court to get the select board numbers.  Davis would propose that Demeter do the work and pay the legal bill to establish “Friends”, in consultation with a town attorney or whomever.  Paul said Joe Rosenthal did it for the library, and there’s one for the Senior Center.  Take the boiler plate language and change the names.

 

Charlie said it seems we ought to work out the restrictions on what the property ought to look like for the hereafter.  He wants to get some quotes on repairing the roof on the barn and the house.  Davis said he would do the numbers stuff – capital and operating.

 

Jennie said the concept of the “Friends” of Charlotte Park – this group would be managing the park and the property and determining what the uses would be, is that correct?  Davis said it is supplementary and complementary to the Charlotte Park and Wildlife Refuge Oversight Committee.  It’s a town owned and controlled park and this is the private non-profit “Friends” group.  It might end up being a partner for the Varney property.  But the town still has control.

 

Charlie asked if a meeting can be scheduled to look at the park.  He wants to revisit the herbicide option on the trails and see if that needs to be talked about.  Stirring up the trail 6 times per year does not seem the best approach – and the farmer next door can put 10 times the herbicides in his corn right next to the trail  – common sense needs to prevail.

 

Ellie said the board needs to wait to hear from Davis.  He agreed, there is homework he needs to do and get back to the board.  He will work to get the “Friends” thing cranked up so the grantee is there and ready without having to call a special town meeting.

 

VELCO – Letter Supporting Request for Extension from Public Service Board

 

Jennie said that there was concern that they would not meet the deadline (22nd of October).  There are later deadlines for people who have come into the process later on, so they are not going to worry about it right now.  Ellie asked if they have a copy of our questions (they do) but they are not yet finalized.  They will be finalized at the meeting of October 13th. 

 

Co-housing Discussion

 

Ellie said that co-housing presented information that they are conforming to the 1996 regulations for the septic system.  They asked if they can go ahead because they need the easements and they are working on it.  No building permits will be issued until they have those easements, it would seem that those issues are resolved. 

 

Debbie asked about the boards feeling on the regulations – what action will be taken.  Charlie said Spencer Harris was going to get information for the select board.  He was going to get an independent engineer to help understand the effect on the town.  In 2007 they will take effect anyway, so we’re just buying time until now.  Charlie said a lot of people feel it will create a lot of new growth in town, and the board has to intelligently answer that concern.  According to Spencer, it helps a lot more in the good soils, but it does not necessarily help in the clay soils.

 

Dana said under the new rules, replacement areas for co-housing are not needed.  Paul said that the board is getting heat because they have not adopted this process yet, and it is holding people up from actual construction.  Charlie asked how that is holding up construction.  Ellie said you need to have the easement in case your system fails.  Sheila Braun asked about the Laberge property – they said the Braun’s could use their septic, but they want to know for how long.  Charlie said they don’t know for how long.  Ellie said these are multi-unit projects, and those rules are very generous, so it’s unlikely that an easement would have to be used.  Sheila said it sounded like an uphill battle to adopt the rules before 2007.  Charlie said not necessarily, but the board hasn’t even started the process yet.  Jennie asked if it would make sense to say when we’re going to start the process – Charlie said there will be public meetings where there will be a lot of input from both sides.  Spencer can’t come on the 13th; Ellie asked if we could have a meeting at a time that Spencer can come. 

 

Debbie asked if the co-housing project is good to go.  Charlie said yes, as long as the planning commission gives them the okay.

 

Paul said he would support an adoption of the regulations before 2007, but he feels the board makes a good point that they need more information on the impact that they create.  He doesn’t feel that they could give waivers to certain people; it would have to be adopted equally across the board.

 

Sheila said she thought that it was not okay with the state to use septic as a way of controlling growth.  Charlie said state law allows the town until 2007 to adopt the new rules. 

 

Adjournment

 

Next meeting:            Monday, October 13th at 7 PM.

 

Motion made by Paul Arthaud, seconded by Jennifer Cole:

“To adjourn the select board meeting”.

Vote:  all in favor.  Meeting adjourned at 11:20 am.

 

Minutes respectfully submitted by Jocelyn Bolick.