MINUTES FROM THE DECEMBER 18, 2002 SELECT BOARD MEETING

 

Board members present were Ron Lafreniere, Dave Johnson, John Devine, Jerry Mullen and Pete Siegel. Also present were Town Clerk Deborah LaRiviére, Town Attorney Robert Fletcher, Gil Livingston from the Vermont Land Trust (VLT) and approximately 12 residents. The meeting was called to order at 2:35pm.

 

Robert Fletcher read a petition that had been presented to the Town Clerk that morning requesting that the issue of purchasing the Preston Pond property be voted by Australian ballot at Town Meeting. Fletcher stated that there were over 50 signatures and he felt it was valid. According to VSA 17, 2642, the Select Board is now compelled to have this item as a ballot in March. Fletcher stated it is difficult to ascertain whether or not the issue was with the actual purchase/ownership of the property or with the contribution of funds from the town or both. In addition, although the Town Warning includes an item that specifies the addition of 1 cent to the tax rate for the purpose of putting a conservation fund in place, it doesn’t authorize the Board to spend the money once it’s put in place. Jerry Mullen argued that another article allows the Board to obtain land by gift or purchase for use a town forest. Fletcher acknowledged that particular article but insisted that the petition precludes any articles and draws the issue of the Preston Pond property to a halt obligating the board to put it to a vote.  Richard Streeter, Jr. felt the town could still take the land as a gift now and not use the money, it’ll be too late if we wait until March for approval. Gil Livingston said the VLT doesn’t want to engage in this if the Town of Bolton isn’t involved. Robin Streeter said the town’s been interested in this property for 15 years, how come they can buy a grader without permission, but we can’t do this? Fletcher stated that the Board can only do what it has permission to do by statute, with Pete Siegel adding that the grader purchase was a warned article. There will also be more than re-forestation going on with this property. Richard Streeter Jr. said it would cost more than the $30 thousand dollars in question to fight the people who want it. Also, what if the townspeople raise the money on their own? Siegel said he would like to see the Conservation Easement re-written, there were things in the easement that he felt were constricting. He also felt the Town will have no control over the property. Ray Atwood felt that the elimination of motorized vehicles was too prohibitive and he would like to see that changed. Livingston said that snowmobiles would be acceptable and they (VLT) may consider ATV’s, but there are multi uses being considered that make ATV’s unacceptable. Siegel asked if the VLT would re-write the easement.  He said that the Town is already losing another 1,000 to the Green Mountain Club. He feels the town may be getting saddled with something that they’ll be unable to do anything with afterwards. What if the town loses access to the land? Who’ll pay for maintenance, forestry work, etc? He stated that he is not opposed to owing the land, nor to conservation, his concern is having other organizations controlling the town. Atwood stated that his taxes were already too high and zoning used to limit development but now zoning has expanded leaving the issue of the remaining 30 acres open. He also feels that the Town shouldn’t be in the business of buying land to stop development. Ron Lafreniere declared that even if the Town is owner, we will still have to abide by any rules imposed by the easement. Further more, with the presence of a petition, the Board’s hands are tied, it has to go to a vote. Jerry offered the suggestion that the Town accept title to the land now, and put the question of funding to a vote at town meeting. Lafreniere questioned what would happen if this issue is voted down in March? Livingston felt the VLT would still go along with the original plan. Fletcher reiterated that the VLT had to decide if they were interested in giving title to the Town with the question of funding still up in the air. Jane Mullen stated that the State of New York takes good care of the castles that they own. Lafreniere restated that either way, only 10% of the population is for or against this issue; let the people decide as been requested. Alison Bechdel read a letter from Lars Botzojorns in favor of the purchase (see attached). Jerry Motioned: “To accept title to the Preston Pond property, subject to a conservation easement. Also, to seek authorization to spend the $15,000 already set aside in the Land Conservation Fund and further to seek authorization from the voters to continue funding the Land Conservation Fund for a further three (3) years and to expend those funds raised to complete the contribution to the land fund.” Seconded by John Devine. There was no further discussion, all were in favor, motion passed.

 

Dave motioned: “To approve and sign fireworks permits for Bolton Valley and John Streeter for New Years Eve.”  John seconded. All were in favor, motion passed.

 

There was no other business to be brought before this Board at this time. Dave motioned to end the meeting seconded by Pete. The meeting ended at 5:00pm.

 

Attest:

 

Deborah LaRiviére

Town Clerk

 

Minutes are unofficial until approved

 

These minutes were read and approved by the Bolton Select board on _______, 2002. ______________________For the Board.