Board of Selectmen December 29, 1999

TOWN OF CHARLOTTE

BOARD OF SELECTMEN

MINUTES

DECEMBER 29, 1999

MEMBERS PRESENT: Chairman Marty Illick

John Rosenthal

James Sheldon-Dean

Robert Mack, Jr.

Clark Hinsdale, III

OTHERS: Wendy Schroeder

________________________________________________________________



Chairman Illick called the meeting of the Board of Selectmen to 

order at 1:15 p.m. in the Charlotte Town Offices.

Board members discussed the meetings schedule for the next year 

and it was decided to schedule the next two meetings for the 

evenings of January 10 and 24, 2000 and Rosenthal said he would 

put together a schedule through Town Meeting Day in March.



BUDGET

Board members resumed their budget discussion from where they 

left off at the last meeting, beginning with the Listers budget. 

Board members discussed level-funding the Listers Budget and 

Illick said she was in favor of level-funding the Delinquent Tax 

Collector's budget as the Tax Collector had stated the new 

computer software being used made her job easier.

Board members reviewed the medical insurance coverage for town 

employees and the town policy on employees eligibility for 

coverage, which currently is that all employees who are 

full-time (35 hours per week) are covered for insurance or are 

paid a $1,000.00 in cash to be covered on their spouse's plan 

and half-time employees have the opportunity to co-pay half of 

the cost of the group rate discount on the town's insurance 

plan. Schroeder suggested if employees want to take the cash 

option, they should be required to prove they are covered by a 

different plan. Board members discussed what to do about the 

Zoning Administer currently getting half of the cash option and 

working half-time, but the terms of the agreement when he was 

hired were never documented. Board members decided to meet with 

the Zoning Administrator to work out the problem.

Schroeder reviewed the Fire and Rescue budget, noting she had 

worked with the numbers their department had prepared, because 

she thought the percentage increase requested (20%) was too 

high. Schroeder went on to explain that in the past Fire and 

Rescue expenses had been paid out of the general fund, but now 

with the capital budget in place, expenses have to come out of 

very specific budgets.





Board of Selectmen -2- December 29, 1999

Mack suggested that Fire and Rescue be asked to operate on their 

3 cents on the tax rate allowance for expenses, which he thought 

would make the department shop around more to save on 

expenditures. Illick said she thought their budget should be 

broken down more clearly to the taxpayers as to what these 

expenses are. Sheldon-Dean suggested that the Selectboard tell 

the Fire and Rescue department that a 20 percent budget increase 

"isn't going to fly" and ask them to meet with the board to see 

where the budget could be cut. Illick agreed with that strategy 

and put the item on the agenda for January 10, 2000.

Board members discussed the highway budget and possible state 

highway grants, noting the state gave the town $30,000.00 last 

year. Mack predicted the town would probably get $15,000.00 

this year in state grants. Board members discussed adding 

$30,000.00 to the highway budget for the coming year.

Board members discussed town land maintenance budgets. Mack 

suggested putting grass cutting for town property (ball fields, 

Demeter Park, cemetery, etc.) under one line item. There was a 

discussion on the $9,000.00 budgeted for grass cutting at 

Demeter Park and Illick said the Oversite Committee had made its 

best guess on the cost but their was no track record to go on as 

the park recently opened. Mack suggested cutting that 

expenditure to $7,000.00 and see if it was really necessary to 

go over that number. Board members agreed Mack's suggestions to 

combine the grass cutting to one line item and reduce Demeter 

Park grass cutting to $7,000.00.

Board members reviewed the Library budget and granted it. 

Rosenthal noted that the Library board still need to get more 

exact figures on heating expenses.

Board members reviewed town charitable donations and agreed to 

level-fund last year's expenditures.

Board members reviewed the Recreation budget. Illick noted the 

biggest expenses is for dock maintenance for the town beach. 

Illick said Recreation Committee Chairman, Jesse Bradley has 

asked for salary increases for summer employees who return to 

work the next season. Mack recommended the overall budget be 

$7,000.00 for the Recreation Committee.

Illick reviewed Miscellaneous expenses, noting the phone service 

was under-budgeted last year. Board members agreed to put the 

line item expense for a trash container at the skating rink at 

$0.

Illick noted the Conservation Commission budget was down $300.00 

from last year and board members approved the budget.

Board members reviewed the Town Hall budget. Their was a 

discussion on painting the interior of the Town Hall and Mack 

suggested the job be put out to bid.

Board members discussed health insurance for town employees and 

reviewed the earlier discussion with Hinsdale and Mack, who had 

arrived later, and the town's need to replace their insurance 

carrier as the current one is leaving the state.

Board of Selectmen -3- December 29, 1999

Schroeder stressed the need for the town to firmly state their 

policy on coverage for employees and apply the policy across the 

board. Hinsdale suggested that the town go on record as stating 

what their policy is.

Hinsdale moved and the motion was seconded by

Sheldon-Dean:

* "THAT WE RESTATE OUR POLICY OF FULL-TIME EMPLOYEES;

DEFINED AS WORKING 35 HOURS OR MORE FOR THE TOWN

EACH WEEK BE ENTITLED TO FULL HEALTH INSURANCE OR

$1,000.00 AND THAT PART-TIME EMPLOYEES; DEFINED AS

WORKING 20 HOURS PER WEEK OR LESS ARE ENTITLED TO

HAVE HALF OF THEIR INSURANCE PAID OR RECEIVE NO

COMPENSATION AND THAT WE WILL THEN ASK FOR PROOF OF

INSURANCE COVERAGE."

Illick advised that this meeting was for budget review, and the 

issue in the motion was not publicly warned. Hinsdale and 

Sheldon-Dean agreed to withdraw their motion and table the issue 

for another meeting.

Mack asked if there were any employees working more hours than 

last year and Schroeder replied that the Listers were, but the 

board had taken out the expenditure for a temporary filer and 

asked that the Planning and Zoning office look for a volunteer.

Rosenthal noted in the Auditor's Report that the Auditor said 

the town should have a list of fixed assets and Schroeder said 

that was a common notation in an Auditor's Report and all town's 

have "that offense."

Schroeder advised that the town was approximately $25,000.00 

over budget even excluding the Fire and Rescue budget they set 

aside and the $30,000.00 board members discussed adding to the 

Highway budget. Hinsdale suggested making the changes the board 

had recommended so far and then reviewing the budget again.

Hinsdale moved and the motion was seconded by

Sheldon-Dean:

* "TO GO INTO EXECUTIVE SESSION TO DISCUSS PERSONNEL

SALARIES."

Vote: All in favor.



Hinsdale moved and the motion was seconded by

Sheldon-Dean:

* "TO COME OUT OF EXECUTIVE SESSION AND RECESS AS THE

BOARD OF SELECTMEN UNTIL 6:00 P.M."

Vote: All in favor.

The board was in Executive Session from 4:12 p.m. to 5:00 p.m.















Board of Selectmen -4- December 29, 1999

TOWN OF CHARLOTTE

BOARD OF SELECTMEN

MINUTES

DECEMBER 29, 1999



MEMBERS PRESENT: Chairman Marty Illick

John Rosenthal

James Sheldon-Dean

Clark Hinsdale, III

OTHERS: Paul Artaud

Katherine Athaud

Richard LeBoeuf

Shirley LeBoeuf

Shirley Bean

Nancy Sabin

Tricia Coleman

Peter Coleman

Steve Kiernan

Spin Richardson

Michael Clapp

Joel Woolum

Mary Ann Gatos

Wendy Schroeder

________________________________________________________________



Hinsdale moved and the motion was seconded by

Sheldon-Dean:

* "TO RECONVENE AS THE BOARD OF SELECTMEN."

Vote: All in favor.



MEETING WITH THE STAKEHOLDERS

Chairman Illick called the meeting of the Board of Selectmen to 

order at 6:15 p.m. in the Charlotte Town Offices.

Chairman Illick asked Hinsdale to update the board and attendees 

on the Burns land acquisition progress. Hinsdale said Bob 

Eastman, the attorney representing Earl and Mary Burns, wasn't 

comfortable with the town signing over the option to buy the 

Burns property to Richard LeBoeuf. In the interim, the board 

had voted to pay the $5,000.00 December payment on the option 

and is committed to making the January payment, so as not to 

lose the option and the money paid on it to date. Hinsdale said 

the board is committed to moving the project plans for the 

property forward and having the interested parties put together 

letters of intent with the town providing default facilitation 

and get ready to warn any pertinent issues for the town to 

approve on Town Meeting Day. Hinsdale added the goals for the 

town are the same; the town is interested in the public benefit 

the property will provide.







Board of Selectmen -5- December 29, 1999

Spin Richardson said the principals (of the Charlotte Community 

Trust), who reviewed their interest in the property in October 

with the board are prepared to exercise the option on March 1, 

2000 with the Burns's transferring the option directly to them. 

Richardson said the principals have $600,000.00 lined up and can 

get the rest of the financing from the bank.

Hinsdale advised the as part of the agreement in the town's 

option to buy the property, the town can ask for five separate 

deeds for the parcels included in the property. Steve Kiernan 

asked who the principals make their offer to and Hinsdale 

responded to the town, adding the town has the option to buy the 

property until August, 2000 and the only obstacle would be 

getting a legal signature from Mary Burns.

Steve Kiernan said he and his wife would have to donate septic 

capacity to the town from his intended parcel of the property 

and be able to write that off on taxes to be able to afford the 

purchase price. Hinsdale advised the town needs to go through 

Town Meeting to get a bond to build the septic, but the town is 

eligible to accept a gift once there is an assessment of the 

value of that gift. Richardson asked if septic capacity becomes 

the town's property after it is donated and Hinsdale answered 

yes and added that Dick LeBoeuf would be giving the town 

right-of-way for the septic through his property. Richardson 

said he and the principals had a number of interested parties 

ready to go, but as now had no vehicle to deal with them without 

the option settled and their plan is to have the pieces of the 

property parceled out on March 1, 2000. Hinsdale read the 

option document. Michael Clapp, Attorney for Richard LeBoeuf, 

said that he needs to know that the town will accept these gifts 

(septic capacity and a right-of-way) for his client to move 

ahead. Hinsdale suggested that a tax attorney should be 

consulted in order to make sure the tax assumptions the Kiernans 

are making are correct, including the value of the septic 

capacity they wish to donate.

Sheldon-Dean moved the motion was seconded by

Rosenthal:

* "WE WILL BE WILLING TO ACCEPT A GIFT FROM STEPHEN

AND AMY KIERNAN OF 2000 GALLONS A DAY OF SEPTIC

CAPACITY TO THE TOWN OF CHARLOTTE, CONTINGENT ON HIS

PURCHASE."

Vote: 3 in favor, 1 abstained (Hinsdale).

Joel Woolum said he did not have a copy of the AGREEMENT and 

Michael Clapp said it was in LeBoeuf's possession and Hinsdale 

added the town would be needing an assignment document from 

Clapp. Richardson said that Clapp does not represent the 

principals who have their own attorney and Hinsdale said the 

only roadblock to LeBoeuf and the principals working together to 

achieve their goals in the Burns property purchase was getting 

the Burns's attorney (Robert Eastman) to accept their documents.











Board of Selectmen -6- December 29, 1999

Mary Ann Gatos said the proposed senior center on the Burns 

property would need a legally binding letter to pursue the 

bequeath for funding in Walter Irish's will. Clapp said he 

would be willing to meet with interested parties at another time 

and to please bring a legal description of the (Burns) property.

Hinsdale said the contract prepared by Michael Clapp for LeBoeuf 

to buy the Burns property would need to be modified to work with 

the Charlotte Community Trust and proceed with a legal document 

and Richardson added the closing will come all at once. 

Hinsdale noted the town has learned the Burns want to do the 

deal their way and the town has invested $50,000.00 into the 

deal to date and there are a lot of legal details ahead. Nancy 

Sabin asked if their was a document conveying the option from 

the Charlotte Land Trust and Hinsdale responded yes, dated June 

1, 1999.

Hinsdale gave Joel Woolum a copy of the current AGREEMENT in the 

deal with LeBoeuf. Joel Woolum suggested an meeting among the 

attorneys to make a list of what needed to be done to close the 

deal.

Rosenthal moved:

* "TO ADJOURN."

The motion failed for lack of a second.

Sheldon-Dean moved and the motion was seconded by

Rosenthal:

"TO HAVE HINSDALE CONTINUE NEGOTIATIONS TO ASSIGN

THE OPTION TO BUY THE BURNS PROPERTY WITH THE TERMS

BEING THE SAME AS LAID FOR THE SENIOR CENTER,

SEPTIC, TRAIL EASEMENT, ETC."

Vote: All in favor.

Sheldon-Dean moved and the motion was seconded by

Illick:

"TO ADJOURN."

Vote: All in favor.

The meeting was adjourned at 8:08 p.m.

Minutes submitted by:

Debby Flynn