Board of Selectmen January 24, 2000
TOWN OF CHARLOTTE
BOARD OF SELECTMEN
MINUTES
JANUARY 24, 2000
MEMBERS PRESENT: Chairman Marty Illick
John Rosenthal
James Sheldon-Dean
Clark Hinsdale, III
Robert Mack, Jr.
OTHERS: Mary Lighthall
Stephen C. Brooks
Harley Allen
Nancy P. Sabin
Charles Russell
Shirley Bean
Mike Yantachka
Claudia Mucklow
Nigel Mucklow
Dick St. George
Chris Sullivan
Edward Melby
Patricia Coleman
Peter Coleman
Mary Ann Gatos
Sylvia Sprigg
Ker B. Walker
Richard LeBoeuf
Wade Weathers
Chris W. Davis
Ray Walker
Sandy Mayo
Mary Beth Freeman
Richard Pollack
Louis Cox
Gloria Warden
Wendy Schroeder
________________________________________________________________
Chairman Illick called the meeting of the Board of Selectmen to
order at 7:05 p.m. in the Charlotte Town Offices.
APPROVE MINUTES OF JANUARY 10TH 12TH AND 21ST
Chairman Illick asked board members if they wished to approve
the minutes of January 10, and 12, 2000. In the minutes of
January 10, Rosenthal noted the spelling of the engineer, Steve
"Vock" in relation to the Mucklow case. Illick corrected in the
motion on page 4 to read to pay Louis Cox $109.00 per month
until the issue is resolved, rather than while the issue is
resolved.
Board of Selectmen -2- January 24, 2000
Sheldon-Dean moved and the motion was seconded by
Rosenthal:
* "TO APPROVE THE MINUTES OF JANUARY 10, 2000 AS
AMENDED."
Vote: 3 in favor, 1 abstained (Hinsdale, as he was
absent).
Board members reviewed the minutes of January 12, 2000.
Rosenthal asked that the heading be changed to "Budget Work
Session on page 1.
Mack moved and the motion was seconded by
Sheldon-Dean:
* "TO APPROVE THE MINUTES OF JANUARY 12, 2000
AS AMENDED."
Vote: 3 in favor, 1 abstained (Hinsdale, as he was
absent).
ADJUSTMENTS TO AGENDA
There were not adjustments made to the agenda.
PUBLIC COMMENTS
Shirley Bean discussed getting the "Welcome to Charlotte" signs
repainted, noting that the Rotary Club was willing to pay for
the 2 signs on Route 7 and would put their insignia on the
bottom of the signs. Bean said the Grange was willing to pay
for the 4 other signs to be repainted at a cost of $100.00 each.
Illick questioned whether letting a club put their insignia on
town signs set a bad precedent.
Nancy Sabin asked why there was an Executive Session set for 9
p.m. and Illick explained that it was possible that the board
might not go into Executive Session, but the item was listed
that way so that attendees would not have the expectation the
matters listed would be discussed in open session and then be
unpleasantly surprised.
BOARD OF HEALTH - MUCKLOW SEPTIC ISSUES
Mack moved and the motion was seconded by
Sheldon-Dean:
"TO GO FROM THE SELECTBOARD TO THE BOARD OF HEALTH."
Vote: All in favor.
Nigel and Claudia Mucklow reviewed their problems in trying to
get a Certificate of Occupancy on their property with regard to
septic issues. Claudia Mucklow said they were looking to the
board to get either a C.O. or to be reimbursed for their
expenses if the work they have done on the septic system had to
be repeated. Hinsdale said he had read the materials the
Mucklows had provided the board and the next step would be to
appeal Zoning Administrator, Louis Cox's decision not to grant a
C.O.
Board of Selectmen -3- January 24, 2000
Louis Cox said his reason not to grant a C.O. was that the
information he was provided was insufficient and did not
reference the number of bedrooms in the house or the size of the
septic system. Sheldon-Dean suggested that the Mucklows, their
engineer, Steve Vock, and Cox stay in contact with each other to
arrive at what would satisfy Cox's requirements to grant a C.O.
Hinsdale added the parties should see if they can work out the
problem together first.
MIKE BROWN - NEW STREET NAME APPROVAL
Chairman Illick said this agenda item was not yet ready for the
board to hear.
SENIOR CENTER UPDATE
Peter Coleman said his committee has been meeting every Tuesday
night and were preparing to do a presentation at Town Meeting in
March. Coleman said he had talked with Karen Bates, an expert
on wetlands concerning the proposed location for the senior
center and he and Mary Ann Gatos had met with Louis Cox to get a
sketch plan review on February 3rd. Coleman said the committee
had been working on a survey of needs by seniors and putting
together a board of directors and by-laws. Illick showed
Coleman a letter on the senior center from town attorney, Steve
Stitzel. Coleman said he had met with a trustee from Walter
Irish's will about the steps the committee was taking and they
were very positive about it.
Shirley Bean outlined the committee's suggestion that there be 7
people on the board of directors and the committee had nominees
in mind, but had yet to ask them to serve and asked the board
who should contact the nominees. Illick said to provide the
board with the list and they would make the contacts and Bean
agreed to do so.
Nancy Sabin said there had been nothing budgeted to date for the
senior center and suggested that $15,000.00 should be budgeted.
Mack responded that the project would need to go out to bid and
the tax rate is set in July and if the voters approve the
expenditure, it would be included in the tax rate. Sandy Mayo
stated that private funding doesn't need to go out to bid and
Rosenthal said still, it was a good idea.
TOWN PLAN - SCHEDULE & WORK
Ed Melby stated the Selectboard has suggested readopting the old
Town Plan while the new plan was being worked on, but in
reviewing the statutes, if they did so, the town would be locked
into the old plan for 5 years. Melby said the Planning
Commission was recommending that the town go without a plan
until the new plan was adopted. Hinsdale noted without a town
plan the town has no legal status. Illick suggested the board
needed to set up work sessions on the plan and have 2 public
meetings.
Board of Selectmen -4- January 24, 2000
CHARLOTTE LAND TRUST - WAIVE $25 ZONING FEE FOR SEPTIC DESIGN
APPROVAL FOR TOWN
Mack moved and the motion was seconded by
Sheldon-Dean:
"TO ABATE THE $25.00 APPLICATION FEE FOR THE
CHARLOTTE LAND TRUST FOR SEPTIC DESIGN APPROVAL FOR
THE TOWN."
Gloria Warden suggested that all the fees required for the
project could add up to $100.00 and Mack and Sheldon-Dean agreed
to withdraw the motion.
Mack moved and the motion was seconded by
Sheldon-Dean:
"TO WAVE ALL POTENTIAL FEES TO THE CHARLOTTE LAND
TRUST FOR SEPTIC DESIGN APPROVAL FOR THE TOWN ON THE
LAVALETTE PROPERTY."
Vote: All in favor.
ZONING ADMINISTRATOR - PROPOSED FEE CHANGE FOR CERTIFICATE OF
OCCUPANCY
Louis Cox reviewed with the board his memo on reasons for
wanting to change the fee schedule and forms for processing a
request for a Certificate of Occupancy. Cox stated that
research time varies for sites that have a lot of permits
involved and those with open permits and the fees should reflect
this. Hinsdale suggested that the Planning and Zoning office
was going to do a review of fees and this would be an opportune
time to adopt an updated schedule of fees. Harley Allen said
the P & Z office was currently looking at schedules in other
towns. Illick suggested a new fee schedule be put together and
Cox work on a new form design.
A. JOHNSON UPDATE
Illick updated the board and attendees on the A. Johnson
property and said the town had closed on the development rights
on 173 acres, spending $178,000.00 on easements for public
access, including 473 feet of river front.
FINALIZE BUDGET & WARNING
Sylvia Sprigg reviewed a proposed Town Meeting warning regarding
delinquent taxes and collection of penalties prepared by
attorney Liam Murphy requiring taxes to be received in the town
offices on the due date rather than postmarked from any location
by the due date. Sprigg said she had discussed the warning with
Secretary of State, Markowitz's office who advised since the
town does not have a charter that it can't do what is proposed
in the warning, but the Delinquent Tax Collector could opt to do
what is outlined in the warning.
Board of Selectmen -5- January 24, 2000
Mike Yantachuka said he felt the way the penalties are assessed
(9%) are "too steep" and read the Letter from Markowitz's
office, stating his opinion that the issue was a question of
fairness.
Rosenthal moved and the motion was seconded by
Hinsdale:
"WE PLACE THIS IN THE WARNING FOR TOWN MEETING."
Vote: 1 in favor, (Rosenthal) 4 opposed.
Rosenthal moved and the motion was seconded by
Hinsdale:
"WE MAKE THIS AN ADVISORY MOTION REMOVING PART 2 AND
ALL BELOW IT."
Vote: 1 in favor, (Rosenthal) 4 opposed.
Wendy Schroeder advised that the town is forced to borrow money
when taxes aren't paid on time.
Illick read Article 7 of the Town Meeting Day Warning regarding
the proposed senior center and noted that seniors had expressed
interest in having the Article scheduled earlier in the day.
Hinsdale moved and the motion was seconded by
Rosenthal:
"TO MOVE ARTICLE 7 IN THE PLACE OF ARTICLE 4 IN THE
TOWN MEETING DAY WARNING."
Vote: All in favor.
Board members discussed the budget, beginning with reviewing the
Town Clerk's budget. Mack said he wanted both Assistants to be
assigned 20 hours per week each and to leave Marlene Mansfield's
health benefits the same. Sheldon-Dean and Hinsdale thought
this was a good idea and Hinsdale added that if something came
up, more hours could be assigned.
Wade Weathers asked how Charlotte compares with other towns for
salaries and Hinsdale responded "we're pretty cheap."
Louis Cox said he had not discussed his job performance with the
Selectboard and Illick responded that the Planning Commission
has discussed the issue with her and Cox.
Harley Allen said he was upset about the Deputy Health Office
position being eliminated and Illick responded that Cox's two
positions were combined to 1 line item. Allen stated he thought
Cox needed more hours and he thought Gloria Warden should get
more than a 2.5% raise, because she does a really good job.
Sheldon-Dean suggested that Cox try working a little faster and
prioritizing his time more. Hinsdale said the work in the
Planning and Zoning Office can't always be predicted, but if the
town gets part-way through the year and finds more money is
needed that it could be added to the budget and noted that
permits are down by 15%.
Rosenthal moved:
"TO ADD TWO HOURS TO THE ZONING ADMINISTRATOR AND
DEPUTY HEALTH OFFICER'S HOURS PER WEEK."
The motion failed for lack of a second.
Board of Selectmen -6- January 24, 2000
Cox advised that he might have to resign as Deputy Health
Officer if he ended up working in the position for free.
Sandy Mayo discussed Cox and 2 former Zoning Administrators, who
she feels work hard. Mary Beth Freeman reviewed the status of
the WIZN issue.
Illick asked Cox how many hours a week he thought was needed to
do the job and Cox responded 24.
Gloria Warden noted the sewage ordinance takes more of the
Zoning Administrator's time and Wade Weathers said regardless
the job needs to get done.
Hinsdale discussed the percentage of money fees for the services
of the Planning and Zoning office in relation to actual costs of
the services and current town residents are paying a higher
percentage of the cost of running the office than applicants who
are moving in to town.
Illick suggested that zoning fees be increased and hours should
not be cut and she was in favor of giving Cox 24 hours per week.
Hinsdale said he thought it should be 20 hours per week as the
number of permits issued has dropped.
Wade Weathers and Harley Allen discussed the change to $2,000.00
for legal expenses for Planning and Zoning and Illick explained
the money was for consulting with the attorney on issues, but
the budget for legal appeals was now under the Selectboard
budget.
Weathers asked for reconsideration of Cox's hours. Hinsdale
said he would reconsider it after he saw the new zoning fee
schedule and Mack said he would reconsider it if there was an
emergency. Weathers said he was concerned with job turnover and
possible lawsuits from having inexperienced Zoning
Administrators.
Rosenthal moved:
"TO ASSIGN 21 HOURS TO THE ZONING ADMINISTRATOR AND
DEPUTY HEALTH OFFICER'S HOURS PER WEEK."
The motion failed for lack of a second.
Board members reviewed the Fire and Rescue budget with members
from the department; Chris Davis, Ray Walker and Rick Pollack.
Board members approved $3,100.00 for electricity and $2,000.00
for heating oil after Davis reviewed actuals and projections for
the new building. Pollack stated the Fire and Rescue department
had spent a lot of time preparing their budget and felt it was a
"true budget." Davis discussed with the board EMT requirements
and salaries. Pollack informed the board the department must do
community education which was cut in the budget to keep their
license and acknowledged that performance of that obligation was
done, but not well documented in the past. Board members
approved $200.00 for fire prevention and $500.00 for public
education.
Board of Selectmen -7- January 24, 2000
Hinsdale noted the Fire and Rescue budget would have to be
revisited and Schroeder added $1,900.00 was added to the budget
at this meeting. Mack predicted the voters would have "sticker
shock" at the percentage of increase over last year's budget.
Board members discussed employee benefits and Rosenthal
suggested that the $1,000.00 in lieu of insurance payment to
Gloria Warden remain in the budget.
Board members level funded the highway budget and budgeted
$9,000.00 for land maintenance.
Board members reviewed a salary increase of 2.5% for the library
and decreased library acquisitions by $250.00.
Charity donations at a total of $9,890.00 were left intact.
Illick reviewed the Recreation budget with board members, saying
Jesse Bradley wanted to make some changes to the budget, but
would keep the same bottom line. Mack asked why it cost
$1,800.00 for taking the docks in and out of the water and
suggested cutting the expense to $1,000.00. Hinsdale suggested
asking Bradley to go over her budget with the board and make
sure she stays on budget.
Illick moved and the motion was seconded by
Rosenthal:
"TO KEEP THE RECREATION BUDGET AT $13,075.00 WITH
THE DOCK MAINTENANCE AT $1,800.00."
Vote: 2 in favor (Illick, Rosenthal) 2 opposed
(Mack, Sheldon-Dean), 1 abstained (Hinsdale).
Hinsdale moved and the motion was seconded by
Rosenthal:
"TO LEVEL FUND THE BUDGET AS PRINTED."
Vote: 4 in favor, 1 opposed (Mack).
Illick explained to Hinsdale the decision by the board to pay
off the computer lease this year and the cost savings.
Board members discussed the proposed change to Article 2 of the
Town Warning.
Rosenthal moved and the motion was seconded by
Illick:
"THAT ARTICLE 2 OF THE WARNING REMAIN THE SAME AND
ADD THAT TAXES BE DEEMED PAID IF: THE TAXES ARE
RECEIVED BY THE TREASURER ON OR BEFORE THE END OF
BUSINESS HOURS ON THE DUE DATE."
Vote: 2 in favor, 3 opposed (Mack, Hinsdale,
Sheldon-Dean).
Sheldon-Dean suggested the issue be reviewed by the town
attorney.
Board members revised the Warning to have Article 4 be scheduled
for discussion of the senior center, to delete the Article on
Recreation fees and to make Article 7 be "Other Business."
Board of Selectmen -8- January 24, 2000
EXECUTIVE SESSION - PENDING LEGAL CASES - KELLY, HINSDALE MINER
Hinsdale said he would have to recuse himself from the
discussion of legal cases, because one of the parties involved
is his ex-spouse. Illick suggested Hinsdale discuss personnel
issues with the board in Executive Session and then leave for
the evening.
Rosenthal moved and the motion was seconded by
Hinsdale:
"TO GO INTO EXECUTIVE SESSION TO DISCUSS PERSONNEL
COMPENSATION."
Vote: All in favor.
Executive Session ran from 11:18 to 11:37 p.m.
Rosenthal advised the board had made no decisions in Executive
Session.
Hinsdale moved and the motion was seconded by
Mack:
"TO APPROVE THE BUDGET AS ADVISED AND AUTHORIZE THE
CHAIR AND SELECTBOARD ASSISTANT TO MAKE CHANGES ON
THE DOCUMENT."
Vote: All in favor.
Rosenthal advised the warning will be reviewed by the town
attorney and signed by the board members.
Hinsdale left for the evening.
Zoning Administrator Louis Cox reviewed pending cases with the
Selectboard. In the case of Carol Hinsdale, Cox said he had
written a letter to the town attorney to get a court order to do
a site visit of the property.
Cox said the case of the Kelly's septic appeal has been put on
hold while they look for a new site for septic.
Mack and Illick said they had talked with the town attorney on
the Miner case and decided to be passive on the case as Miner
admitted what he did was wrong.
BILL SIGNING/OTHER DISCUSSION
Board members reviewed and signed bills.
Rosenthal moved and the motion was seconded by
Illick:
"TO ADJOURN."
Vote: All in favor.
The meeting was adjourned at 11:48 p.m.
Minutes submitted by:
Debby Flynn