STOWE SELECTBOARD MEETING Monday, July 10, 2006 Akeley Memorial Building 5 pm Present: Selectboard Members: Heidi Scheuermann; Richard Marron; Paco Aumand; Steven Riley; Larry Lackey; TA John Drury; PW Director Clifford Johnson; Planning Dir. Tom Jackman Others Present: Cindy Olsen, VT Journal; Scott Monroe, Stowe Reporter; Lynn Altadonna, Marie Duquette, Barbara Pfitzenmayer, Nelson Riley, Hal Stevens, Jens Moller, Chuck Gangus, Jonathan Farrell, Neil Van Dyke, Lyn Francis, David Jaqua, Steve Mayhall, Steve Stitzel 1 CALL TO ORDER Ms. Scheuermann called the meeting to order at 5:03 pm and Selectboard orders were signed. Mr. Aumand arrived at 5:04 pm 2 APPROVE THE AGENDA Mr. Marron and Mr. Lackey asked that item 3A Fuel Contract be removed from Consent Items. On a motion by Mr. Marron, seconded by Mr. Lackey, the Board approved the agenda as revised. 3 APPROVE CONSENT ITEMS B. Cooperative Agreement for LowerVillage & Maple St Sidewalk C. Water & Sewer Connection Applications D. Gravel Crushing Contract E. Paving Contract Mr. Lackey made a motion to approve the consent items, seconded by Mr. Marron. Motion carried. 4 PLANNING A. Review/Approve Village Center Designation Application: Mr. Jackman reviewed the details of the submission and of an application to the VT Downtown Program for Village Center Designation which includes Stowe village and lower village. The plan was to use the same boundary of the Stowe village Historic Overlay District. Ms. Scheuermann asked if there were any additional mandates put upon the properties within this district. Mr. Jackman said there were not. He said the program was meant to provide perks to those within the district. Mr. Riley asked if Moscow would be considered for this program. Mr. Jackman said Moscow may be considered next after this application was submitted for review. Mr. Riley made a motion to approve the submission of the Village Center Designation application, seconded by Mr. Marron. Motion carried. 5 HIGHWAY A. Public Hearing – 2007 Enhancement Grant Application – MRV Sidewalk: At 5:10, Ms. Scheuermann opened the public hearing for comment and discussion on the MRV sidewalk grant application. The Board briefly discussed the application. On a motion by Mr. Lackey, seconded by Mr. Riley, the public hearing was concluded. B. Award Contract for Utility Vehicle: Mr. Johnson answered several questions regarding the vehicle and its budget. Mr. Riley made a motion to award the utility vehicle contract and budget amendment, seconded by Mr. Marron. Motion carried. 6 SEWER & WATER COMMISSION A. Review/Approve Notchbrook Water Service Agreement: At 5:24 pm, Mr. Marron made a motion for the Board to go into executive session with Mr. Stitzel, Mr. Johnson and Mr. Drury in attendance to discuss a water service agreement with the Town’s attorney. Mr. Aumand seconded the motion. Motion carried. Mr. Riley was opposed. The Board came out of executive session at 6:16 pm. Mr. Lackey summarized by saying that the Board has asked the town’s attorney for guidance and recommendations on an agreement between the Town and Notchbrook Homeowners Assoc. (NBHA) and to structure the agreement as a wholesale rate between the town as a seller and NBHA as a purchaser of the water. The Board asked that the rates for water use and connections by potential users other than by MBHA members will be reasonable and asked the town’s attorney to look into that assurances will be provided either through the Public Service Board jurisdiction over the NBHA water system or somehow incorporate that assurance into this Agreement. Ms. Scheuermann added that there would not be any action at this meeting since the Board has asked the Town’s attorney to include these concerns in the draft agreement. Mr. Stevens asked the Board for a permit to begin the work while the agreement is being worked out. Ms. Scheuermann suggested that the permit be submitted at the next Board meeting on July 24. Mr. Stevens added that the system will not be considered a public utility but that anyone who is supplied water will enter into a declaration of covenants. Anyone who is not in the neighborhood will have to enter into an easement agreement and sign up as part of the water service covenants. Mr. Drury concluded that the goal within 30 days of the Association was to have a permit and a final Agreement with reasonable terms and agreements for those who wish to connect in place so that the Association could move forward with the project. There was no further discussion. B. Discuss Sewer Capacity Allocation Policy: Previously the Board requested that staff investigate the policy on sewer capacity allocations and develop a draft policy on allocating additional capacity outside the sewer service area. Mr. Drury summarized for the Board by saying there were a couple of items to take into consideration when developing the policy some items which he believed were included to satisfy the Act 250 permit and the creation of the plant. He said the an item to be considered was that if the Board was to consider allocating anything outside the sewer service area you must have approval of the residents that are paying the debt to vote by Australian Ballot. The previous Board developed a Sewer Ordinance where “uncommitted reserve capacity requires a vote by ballot of the people” who pay the debt for the existing system. Another consideration was the requirement that the Town reserve 175,000 gallons to cover every existing structure within the Sewer Service Area. He said there is a policy for reserve capacity which he said he believed was outdated and in need of revision. Mr. Drury suggested that the Board discuss policy and instruct staff to draft an amendment to the Sewer Ordinance that outlines the recommendations – take the 54,000 gallons of reserve capacity and allocate as outlined on first come first serves basis; line extensions should be paid by the users that they serve and that authority to allocate reserve capacity should be at the discretion of the Selectboard. Mr. Lackey provided some thoughts on sewer capacity allocation and stated that the main difference was in terms of existing use vs. potential use. Reserve sufficient capacity to serve all potential future development calculated using a zoning density build-out analysis for the following zones – VC, VR, lower village, MRV and Mtn Rd Crossroads. He said he was concerned that the Town would be offering to those outside the sewer service area without knowing what was needed within the District. He said he would like to see a full step priority list incorporated. Mr. Stitzel added that a build out study was provided as part of the Act 250 application in 1998. Mr. Marron said the build out analysis of growth nodes should be updated using current zoning. Mr. Drury said staff would provide a revised analysis. Ms. Scheuermann said that further discussion will be required by the Board when the updated information is provided. There was no further discussion. 7 LISTERS A. Review/Approve VT ETV Stipulation/Agreement: Mr. Aumand made a motion to approve the Stipulated Judgment Order as presented by the Town’s attorney, seconded by Mr. Marron. Motion carried. Mr. Riley made a motion to authorize the Town Administrator to sign the Order on behalf of the Board, seconded by Mr. Marron. Motion carried. 8 GENERAL GOVERNMENT A. Discuss Possible Land Acquisition: (Tabled to later in the meeting.) Ms. Scheuermann left the meeting. B. Review of Regional Pandemic Summit Information: Mr. Riley reviewed his participation in the recent Summit. He said one item which should be included in the Town’s emergency handbook should be health related incidents. He asked what the Board’s role was in emergency situations. Mr. Drury explained that there was a process in place by emergency services and that each group is responsible for certain roles during a crisis. Mr. Aumand said it would be helpful for the Board to know what services are handled by which group to give the Board an understanding of the process. Mr. Marron said there is a process in place and noted that when the July 200 flood occurred damage control and management of the situation was handled quickly and efficiently. He said staff and all departments involved were on top of the details immediately. Mr. Drury said he would provide the emergency response manual for the Board’s review and invite Board members to the next table top exercise. Mr. Van Dyke said he would find out when the next class for Board members would be provided LCPC. Mr. Riley suggested that staff register for health alerts and visit websites such as pandemicflu.gov and healthvermont.gov to get the word out and also link to the Town’s site. He also said it was suggested at the seminar that certain departments cross train which may help in emergencies. Mr. Johnson said some cross training has been done. There was no further discussion. C. Discuss Annual Review of Mayo Farm Mgmt. Plan: Mr. Lackey made a motion to delegate the annual review of the Mayo Farm Mgmt Plan to the Conservation with the Conservation Commission making any final recommendations to the Board for their approval. Mr. Riley seconded the motion. Motion carried. REMOVED CONSENT ITEM A. FY 07 Fuel Delivery Contract: The Board asked staff when going out for bids next year that they consider comparing information with other towns, split bids and bids by product. Mr. Drury said he would do so. Mr. Riley made a motion to award the FY 07 fuel contract to Ultramar as presented, seconded by Mr. Lackey. Motion carried. 10 NEW BUSINESS VELCO – Mr. Riley explained that from 7/17-8/25 the proposed final line design on aesthetics etc will be available for the public to comment. He said it would be a good idea to hold a public meeting to inform people and to give them another chance to review the project. He suggested holding the public meeting at one of the next two Board meetings. Mr. Marron suggested including the Planning Commission at the meeting. Mr. Drury said he would schedule the meeting. Fireworks – The Board asked staff to ask the Recreation Department to take over the responsibilities of managing the 4th of July events. The Board agreed that the Rec Dept. was the best match to handle the variety of activities. Mr. Drury said he would do so. Rec Commission – Mr. Riley asked to meet with candidates for the position available at the next meeting if available. Staff said they would do so. Act 68 Discussion – This item was tabled. OLD BUSINESS 12A. Continue Discussion of Town Manager/Charter Amendment: During discussion, some of the items reviewed were – the role of the town mgr as it relates to hiring, firing personnel and what personnel; removal process of the town mgr; Board responsibilities as they relate to the current Charter; Board rights to dictate policy and town mgr to carry out; Board ratification of the removal of department heads. Mr. Aumand concluded that he would like staff to take over the remainder of the project. Mr. Drury said he would develop a draft which captures most of the discussions/suggestions to date and provide copies for further discussion by the Board. 8 GENERAL GOVERNMENT & 9 PERSONNEL (Possible Executive Session) A. Discuss Possible Land Acquisition: At 7:50 pm, Mr. Riley made a motion for the Board to go into executive session with Mr. Drury & Ms. Moeck attending to discuss a proposed land acquisition. Mr. Lackey seconded the motion. Motion carried. The Board came out of executive session at 7:58 pm. No action was taken. Ms. Scheuermann rejoined the meeting at this time. A. Discuss Dept. Head Employee Evaluations: At 7:58 pm, Mr. Riley made a motion for the Board to go into executive session with Mr. Drury attending to discuss department head evaluations. Mr. Lackey seconded the motion. Motion carried. The Board came out of executive session at 9:00 pm. No action was taken. There being no further business to conduct, Ms. Scheuermann adjourned the meeting. Minutes respectfully submitted by Susan Moeck.
STOWE SELECTBOARD MEETING Monday, July 24, 2006 Akeley Memorial Building – Banquet Room 5 pm Present: Selectboard Members: Heidi Scheuermann; Richard Marron; Paco Aumand; Steven Riley; Larry Lackey; TA John Drury; PW Director Clifford Johnson Others Present: Steve Stitzel, Joe Mooney, Jens Moller, Hal Stevens, Ed Frey, Frits Momsen, Ezra Beinhaker, Cindy Olsen-VT Journal, Scott Monroe-Stowe Reporter 1 CALL TO ORDER Chair Scheuermann called the meeting to order at 5 pm and Selectboard Orders were signed. 2 APPROVE THE AGENDA The Board requested that items 3A and 3C be removed from Consent Items. Mr. Drury said he would like to add items as follows: Old Business – Bike Park Update; New Business – Topnotch Catering Request; Al Coppock’s departure from the DRB; Library Repairs. Mr. Riley asked to add a discussion of the Bentley Building under New Business. Mr. Marron made a motion to approve the Agenda as amended, seconded by Mr. Riley. Motion carried. 3 CONSENT ITEMS B. FY 06 Project(s) Carry Forward to FY 07 D. Minutes of 6/26/06 & 7/10/06 Mr. Marron made a motion to approve the Consent Item as presented, seconded by Mr. Riley. Motion carried. 4 CONSENT ITEMS – LIQUOR Mr. Marron recused himself. A. 1st Class Restaurant License - Sha Sha Godesss dba Green Goddess Café B. Request to Cater – Ye Olde England Inne 7/28-7/30/06;9/15-9/17/06 On a motion by Mr. Riley, seconded by Mr. Lackey, the Board approved the Consent Items – Liquor as presented. 5 POLICE A. Review/Approve Use of DEA Funds – Taser Purchase: The Board reviewed a request from the Chief to purchase four new Tasers using DEA funds. The Board asked about the general use of Tasers and the Chief provided history on the use by the department. Mr. Riley made a motion to approve the purchase of four Tasers using DEA funds, seconded by Mr. Aumand. Motion carried. B. Review/Approve Use of DEA Funds - Computer Equipment Purchase: Mr. Riley made a motion to approve the purchase of battery backups as requested, seconded by Mr. Aumand. Motion carried. C. Review/Approve Use of DEA Funds – PDA Purchase: Mr. Marron made a motion to approve the purchase of a PDA for the Chief as requested, seconded by Mr. Riley. Motion carried. 6 SEWER & WATER COMMISSION A. Public Hearing – Ms. Scheuermann opened the public hearing to consider the application of the Notch Brook Homeowners Assoc. to construct a private water line beginning at the intersection with VT RT 108 and ending at a point in the vicinity of it intersection with Birch Rd (approx. one mile). Mr. Johnson presented a map of the area and described the project clarifying that there were 41 lots applying through the Homeowners Assoc. Mr. Stitzel stated that there is a separate document from the Permit and License Agreement which is the Water Service Agreement which provides for the payment of the rates and charges and provides for NBHA to contract with the Town for the maintenance of the system and billing. The Town would retain the payments for water use and remits the other payments to NBHA for debt service or to fund their maintenance fund. At the request of Mr. Lackey, Mr. Stitzel amended the language of 3C of the Permit to “require payment of water rates by the Town for the sale of customers of NBHA”. Mr. Stitzel stated that there was an additional component to the Agreement - Revocable Offer of Dedication – which relates to easements and access by the Town within the system. He also reviewed Exhibit B outlining the system area. There being no further comments, Ms. Scheuermann closed the public hearing. B. Review/Approve NBHA Water Service Agreement: Mr. Drury stated that there were two changes to be made as follows – Water Use Fee should read $.02 per cubic foot and sub paragraph B should read “maintenance fees and debt service”. Mr. Marron made a motion to approve the Permit & License Agreement and Water Service Agreement as amended subject to final completion and review by the Town’s attorney, seconded by Mr. Lackey. Motion carried. Mr. Lackey made a motion to authorize the Chair to sign any final documents relating to the agreements approved by the Board, seconded by Mr. Marron. Motion carried. C. Review/Approve Supplemental Agreement for Engineering Services w/Stantec: Mr. Johnson stated that there was a change in the amount requested to $20,000 in a letter dated June 21, 2006. Mr. Marron stated that he had a problem with the request since there already was a settlement agreement with Stantec (Dufresne Henry) to resolve the issues. Other members of the Board agreed with Mr. Marron. There was also concern that the services being provided were taking longer than originally agreed upon and the project would not to be completed until the end of October 2006. Mr. Drury said staff would address these issues with the contractor and report back to the Board. There was no further discussion. 7 GENERAL GOVERNMENT B. Continue Discussion of Town Manager Charter Change: After further discussion of the draft changes, Mr. Drury said he would return to the Board with editing of the Town Charter draft that would add the Selectboard’s role in the appeal process on employee matters. There was no further discussion. C. Update on Velco: Mr. Riley updated the Board on Velco information. The Board decided not to hold a public hearing at this time. D. Review/Approve HDAC Sidewalk Repair: On a motion by Mr. seconded by Mr. the Board approved using funds from capital reserve in the amount of $3140 to repair the sidewalk between Bloody Brook School and HDAC. E. Review/Approve Purchase for Library/HDAC Building: Mr. Johnson explained that there was considerable dampness in the basement of the building and it has been advised that a dehumidifier be installed. Mr. Marron made a motion to approve the purchase of a dehumidifier in an amount up to $2000, seconded by Mr. Lackey. Motion carried. 8 REMOVED CONSENT ITEMS A. Antique & Classic Car Show – 8/11-8/13/06: Board members voiced concern that the Parade route did not go through the village last year. Mr. Drury stated that it appeared that the application map indicated that the route would travel through the village this year. Mr. Lackey made a motion to approve the application as submitted, seconded by Mr. Marron. Motion carried. C. FY 07 Sewer & Water Chemical Supply Contract: After discussion, Mr. Marron made a motion to award the FY 07 Contract to Allen Engineering in the amount of $38,409 for poly aluminum chloride; Allen Engineering for Sodium Hypochlorite in an amount of $3,600; sodium hydroxide to Allen Engineering in an amount of $17,6780, seconded by Mr. Aumand. The Board asked Mr. Johnson to go out for bids again for the contract for magnesium hydroxide. There was no further discussion. 9 OLD BUSINESS Bike Park – Mr. Drury updated the Board on recent activities at the Park. He stated that staff was meeting to work with the residents of the area, bike club members and other staff to resolve issues such as one jump, parking and mound issues. NEW BUSINESS Request to Cater - Topnotch (Wedding Tent) 7/29/06 - Mr. Riley made a motion to approve as amended ending at 10 pm, seconded by Mr. Aumand. Motion carried. Al Coppock Request – Mr. Drury explained that the DRB would like to use $250 for a reception for Mr. Coppock. Mr. Marron made a motion to approve, seconded by Mr. Aumand. Motion carried. Bentley Building – Mr. Riley stated that he was not in favor of removal of the Bentley Bldg. Mr. Aumand said he applauded the Planning Commission for tackling long term planning issues. However, he said it was unfair to take an off the cuff comment and suggest that town officials would destroy it was very unfair and extremely premature. OTHER BUSINESS A. New Hourly Pay Rate – Accounting Clerk: The Board reviewed a request to increase the Accounting Clerk’s wage to $18.31 Grade 8, Step 10 as recommended by the Finance Manager. Mr. Aumand made a motion to approve the request as presented, seconded by Mr. Marron. Motion carried. Akeley Building Committee – On a motion by Mr. Riley, seconded by Mr. Marron, the Board approved a request to use $600 from capital to further fund design work by Kim Brown. NEW BUSINESS Errors & Omissions: Mr. Marron made a motion to approve the errors & omissions submitted by the Lister dated 7/24/06, seconded by Riley. Motion carried. GENERAL GOVERNMENT (continued) A. Discuss Proposed Land Acquisition (Possible Executive Session): At approximately 7:30, Mr. Marron made a motion to go into executive session with Mr. Drury in attendance to discuss a possible land acquisition, seconded by Mr. Aumand. Motion carried. The Board came out of executive session at 7:40. No action was taken. There being no further business to conduct, Ms. Scheuermann adjourned the meeting. Minutes respectfully submitted by Susan Moeck.
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