Board of Selectmen March 6, 2000

TOWN OF CHARLOTTE
BOARD OF SELECTMEN
MINUTES
MARCH 6, 2000

MEMBERS PRESENT: Chairman Marty Illick
John Rosenthal
James Sheldon-Dean
Clark Hinsdale, III
Robert Mack, Jr.


OTHERS: Jim Dickerson
David Miskell
Nancy Sabin
Louis Cox
Spin Richardson
Peter Coleman
Richard LeBoeuf
Joel Woolum
Stephen C. Brooks
Sandy Mayo
Sylvia Sprigg
Charles Russell
Michael Russell

________________________________________________________________

Chairman Illick called the meeting of the Board of Selectmen to 
order at 7:05 p.m. in the Charlotte Town Offices.


FINAL PUBLIC HEARING - READOPTION OF MARCH, 1995 TOWN PLAN

Chairman Illick asked board members if they wished to open the 
Public Hearing to readopt the Town Plan.

Sheldon-Dean moved and the motion was seconded by
Mack:
* "TO OPEN THE PUBLIC HEARING ON READOPTION OF THE
TOWN PLAN DATED MARCH, 1995."
Vote: All in favor.

Rosenthal stated he thought the old Town Plan should be adopted 
for a short while pending the completion of the new Town Plan.
There were no comments from the attendees.

Sheldon-Dean moved and the motion was seconded by
Mack:
* "TO CLOSE THE PUBLIC HEARING ON READOPTION OF THE
TOWN PLAN DATED MARCH, 1995."
Vote: All in favor.

Mack moved and the motion was seconded by
Sheldon-Dean:
* "TO READOPT THE CURRENT TOWN PLAN."
Vote: All in favor.


Board of Selectmen -2- March 6, 2000

Board members discussed moving on to the next agenda item and 
the minutetaker noted the next and only agenda item left was not 
slated until 7:30 p.m. Board members decided to recess from 
7:10 to 7:30 p.m..


BURNS LAND UPDATE, CORRESPONDENCE WITH CHARLOTTE COMMUNITY TRUST

Hinsdale began the discussion outlining 3 motions he had 
recommended to the Board of Selectmen after receiving a letter 
from Michael Russell, the attorney representing the Charlotte 
Community Trust. Michael Clapp and Joel Woolum stated that the 
deal they proposed months ago is the same with the exceptions of 
providing municipal septic on the Kiernan property and giving 
the town a 3-year option on the land along Route 7 to site a 
school. Hinsdale noted the town attorney's suggestion that all 
further documents concerning the purchase of the Burns property 
be stated in the form of an offer.

Joel Woolum said he thought there were really no new issues and 
he thought this property was too important to the town to be 
political.

Michael Russell and Hinsdale discussed a memo date February 24, 
2000 concerning septic on the Kiernan property and Russell 
stated Kiernan's attorney is Robert Rushford and their is no 
mention of septic in Kiernan's documents. Hinsdale asked if 
this situation couldn't be worked out and read the agreement 
letter on the Burns property from November, 1999. Hinsdale 
discussed the appraisals that were performed on the Burns 
property and stated Earl Burn's attorney, Robert Eastman, and 
he had discussed gifting lots 4 & 5 on the Burns property. Spin 
Richardson said that was before he and the CCT had been involved 
in the deal.

Hinsdale said attorneys to the parties in the deal had started 
putting terms together for the deal but their were still some 
issues to resolve and Richard LeBoeuf's attorney, Michael Clapp, 
was the only party who drafted a proposal and the town attorney 
(Stitzel) received a single document on the oral presentation 
given by Spin Richardson on behalf of the CCT.

Spin Richardson said the only issues to be cleared up in his end 
of the deal is what is the septic capacity on the Kiernan 
property and where exactly trail easements would be located.

Hinsdale discussed Michael Russell's memo about leasing the 
LeBoeuf property to locate a senior center and his understanding 
that the option on lots 4 & 5 where a school might be located 
would be a fixed price option and not a right of first refusal 
as the town had never agreed to the latter.

Richard LeBoeuf stated he never was assigned the option to buy 
the Burns property as agreed last fall and had run up $7,000.00 
in legal fees in his attempt to obtain the option. Hinsdale 
explained Burn's attorney, Bob Eastman, was more comfortable in 
the town holding the option and Eastman was busy preparing 
documents to be able to convey the property, as joint owner, 
Mary Burns was ill.
Board of Selectmen -3- March 6, 2000

Hinsdale stated he thought private legal bills should be left 
out of public discussion.

There was a discussion of the option being recorded in town 
records and Michael Russell explained options on real property 
are not always of public record, and Spin Richardson added their 
had been no bad faith on the part of any parties. Hinsdale 
clarified the Charlotte Land Trust had voted to give the option 
to buy the Burns property to the town and the Selectboard had 
made payments on the option based on that motion.

Spin Richardson suggested concentrating on what was necessary to 
close the deal and Hinsdale said a fixed price needed to be set 
for lots 4 & 5 with a 30-day option.

Rosenthal said he would like to see a mission statement of the 
CCT and Michael Russell provided one.

Hinsdale stated the town attorney was looking for a uniform 
proposal from the buyers. Illick restated the issues needing to 
be settled are: septic capacity; trail easement locations; and a 
fixed price option on lots 4 & 5. Hinsdale stated the last 
appraisals he received were $50,000.00 for lot 4 and $170.000.00 
for lot 5 and added the town needs to be protected in the deal 
on their option from rising real estate prices.

Their was a discussion of how much septic capacity was available 
on the Kiernan property and Mack stated no one knows exactly how 
much and Hinsdale added the estimate is approximately 6,500 
gallons, but hydrogeological test would need to be performed.

Chairman Illick left for the evening to attend a prior 
engagement.

Rosenthal moved and the motion was seconded by
Sheldon-Dean:
* "TO HAVE MACK BECOME THE ACTING CHAIRMAN FOR THE
REMAINDER OF THE MEETING."
Vote: All in favor.

Hinsdale stated that septic capacity easements have to be 
conservative in their allocation and in the Kiernan situation, 
Kiernan can't buy his property and convey the easement to the 
town in the same year.

Mack asked Michael Russell if he had enough information to put 
together a document and Russell responded he thought so.

Hinsdale noted on February 28, 2000, a piece of the Burns deal 
was carved out to Jim Dickerson, which moved to sub-assign part 
of the property. Hinsdale stated his goal was to get the deal 
together before April 1, 2000 before the town has to make 
another option payment. Jim Dickerson said he really wants to 
close on his piece of the property, but Burns's attorney wants 
the whole deal together at once.

Mack asked Spin Richardson if he had enough information to put 
the deal together and Richardson replied yes, we can close the 
holes in the deal.
Board of Selectmen -4- March 6, 2000

Hinsdale offered to meet with the parties again if there were 
outstanding issues.

Michael Russell asked if Hinsdale wanted him to talk with 
attorney Stitzel and Hinsdale said yes and send a copy of any 
agreements to me.

Sheldon-Dean moved and the motion was seconded by
Rosenthal:
"TO ADJOURN."
Vote: All in favor.

The meeting was adjourned at 9:20 p.m.
Minutes submitted by:
Debby Flynn