Present:        Selectboard Members: Heidi Scheuermann, Larry Lackey, Norm Williams, Dick Marron, Paco Aumand; Town Manager Charles Safford; PW Director Justin Rabidoux; Planning Director Tom Jackman; Parks & Rec Director Marge McIntosh, Town Clerk Alison Kaiser

Others Present:   From Stowe Electric Department – Pat Householder, Ellen Burt, Ted Teffner, Arthur Lloyd, Denise Gutstein; Reporter Lisa McCormack; Evelyn & Ed Frey, Phil Scott, Barbara Allaire, Harry Hunt, Jacqueline Shiner, Ken Biedermann, Anne-Marie Vespa, Richard Smiles, Marc Segal, Steve Mayhall, Don Post, Paul Reed, Paul Percy

Chair Scheuermann called the meeting to order at 5:30 pm and Selectboard Orders were signed.

On a motion by Mr. Williams, seconded by Mr. Marron the Board approved the Agenda with a change to move the Liquor Consent Item review to the end of the Agenda.

A.       SEF Pumpkin Display & Field Day 10/9 & 10/10

On a motion by Mr. Williams, seconded by Mr. Marron the Board approved the Consent Items as presented. 

A.       Review/Approve Bond Vote Resolution & Warning: Pat Householder, Stowe Electric Comptroller provided background information and requested the Selectboard warn two articles for consideration during a special town meeting by Australian Ballot as follows: Article I “ Shall the Town of Stowe borrow, or issue general obligation bonds, in an amount not to exceed one million one hundred thousand dollars ($1,100,000), payable out of Electric Department revenue and subject to Public Service Board approval, for the purpose of acquiring additional equity ownership interest in Vermont Transco, LLC, in order to mitigate the Town’s allocated share of total costs incident to the construction of transmission improvement known as the Lamoille County 115 kV Line Project.” Article 2 “Shall the Town of Stowe refund its Electric Department $18,700,000 Capital Improvement Note dated December 30, 2008 in order to reduce the net interest cost thereon?” Mr. Householder stated that there will be no cost to rate payers or tax payers.

On a motion by Mr. Williams, seconded by Mr. Marron, the Board warned for a bond vote by Australian ballot for November 3, 2009 from 7 am to 7 pm at the AkeleyMemorialBuilding and an informational meeting for Articles 1 and 2 on October 26, 2009 at 7 pm at the High School Auditorium. 

A.       Acknowledge Receipt- the Board received a petition signed by 5% of the voters to warn for Special Town Meeting to consider if the voters want “to have the position of Supervisor of the Lamoille Regional Solid Waste Management District determined by election.” 

To coincide with the October 26, 2009 Informational Meeting, the Board acknowledged receipt of the petition as presented and warned for a Special Town Meeting at 7 pm on October 26, 2009 in the High School Auditorium with an Informational Meeting to follow. Mr. Marron made the motion, seconded by Mr. Lackey. 

The Board reviewed the proposed draft VLCT Vermont Municipal Policy. They did not propose any changes or amendments.

Memorial Park & Mayo Farm Natural Resource Assessment

Brian Tremback from Lamoureux & Dickinson Consulting Engineers presented the Stowe Natural Resources Assessment for Mayo Farm and Memorial Park Final Report dated July 2009.

The assessment for Memorial Park was done as the initial step in the Memorial Park master planning process. The Request for Proposals for the Memorial Park Master Plan required the consultant to “Determine the facilities and infrastructure needed to meet these uses taking into consideration the natural resource constraints and permitting issues.” A copy of the Natural Resource Assessment has been provided to Broadreach Planning & Design, our master plan consultant.

The assessment for the Mayo Farm Natural Resource Assessment was done due to wetland permitting issues precluding developing multiuse playing fields on Field K, a shelter on the Polo Fields, and the reliable use of the Events Field during rainy weather. The Army Corps of Engineers and Vermont ANR Officials indicated that if the Town wanted regulatory agencies to consider further development on the Mayo Farm, then we should look at the entire Mayo Farm and perform the Natural Resources Assessment and use it in developing a comprehensive plan on how we propose to mitigate adverse impacts for their consideration.

Staff noted that the data had not been viewed in context with the Mayo Farm Management Plan nor had any efforts had been made to develop specific projects or mitigation proposals for regulatory agency consideration and asked if the Board was still willing to pursue the aforementioned projects before developing cost proposals.

Mr. Marron reminded that the Act 250 approval of the Mayo Farm events fields A, B & C primary use was for events with a secondary use for sports. 

Mr. Tremback reviewed the Memorial Park Natural Resource Assessment. 

The Board decided to hold off on giving any direction at this time and said they would like more time to examine uses and the information provided.

Memorial Park Master Plan Discussion

Jim Donovan, project consultant, asked the Board for their input on the following issues -

What are you hoping to get from the Master Plan; will it be a five year or longer term plan; what budget do you anticipate; how does updating the Park fit into the plan for recreational facilities; what do you like or dislike about the current Park; and are there any facilities or uses that should be removed from the Park?

Board members provided the following feedback to the consultant – what are the needs of the community; what would be the capital requirements/budget; would like critique of proposals from the advisory group; objective information on current uses or see alternate location for those uses if necessary; what are the real qualilties or deficiencies of the area; determine ice rink requirements and other uses for that facility; skateboard park location; should traditional activities

continue; traffic pattern; and provide 20 year plan.

Mr. Donovan thanked the Board for their input.

On a motion by Mr. Aumand, seconded by Mr. Williams, the Board approved the Consent Items as presented. Mr. Marron abstained.

Legal – On a motion by Mr. Williams, seconded by Mr. Marron, the board went into executive session at 7:25 pm.

The Board came out of executive session at 7:35 pm. 

On a motion by Mr. Marron, seconded by Mr. Williams, the Board authorized the Town attorney to commence legal action against Hartford Insurance Company in defending Kaplan, et al vs. Town of Stowe. All were in favor.

Mr. Marron requested that time be set aside at the 9/28 meeting for discussion regarding proposed Charter changes pertaining to the Electric Department and other possible Charter changes.

The Board discussed Phil Scott’s request for alternates to be appointed to the Memorial Park Project Advisory Committee. The Board did not choose to do so as it may create a continuity problem and there are plenty of opportunities for the general public to share their perspective.

There being no further business to conduct, Ms. Scheuermann adjourned the meeting at 7:40 pm. 

Minutes respectfully submitted by Susan Moeck.

Present:        Selectboard Members: Heidi Scheuermann, Larry Lackey, Norm Williams, Dick Marron, Paco Aumand; Town Manager Charles Safford, PW Director Justin Rabidoux

Chair Scheuermann called the meeting to order and Selectboard Orders were Signed. Ms. Scheuermann added a Water Service Application to the Agenda.

On a motion by Mr. Lackey, seconded by Mr. Williams, the Board approved the Agenda with the Fuel Bid Award being pulled from the Consent Items. 

C.       Special Event amendment – SEF Pumpkin Display etc.

On a motion by Mr. Williams, seconded by Mr. Aumand, the Board approved the Consent Items as presented.

Water Service Application – Arbor Inn – 1782 gpd water – Mr. Marron made the motion to approve the application as presented, seconded by Mr. Williams. Motion carried.

Special Event Permit – Arts Festival 10/9-10

Request to Cater – Topnotch 10/11

Festival Permit – Tamarack Reception 10/18

On a motion by Mr. Aumand, seconded by Mr. Williams, the Board approved the Liquor Consent Items as presented.   Mr. Marron abstained.

A.       Fuel Bid Award

The Board reviewed bids received from Irving Oil and Bournes Energy.   On a motion by Mr. Marron, seconded by Mr. Williams, the Board awarded the diesel fuel contract to Irving Oil for a price of $0.049 above their rack price on day of delivery and conditionally awarded the liquid propane and #2 heating oil contract to Irving Oil for a fixed price of $1.419 per gallon for propane and $2.297 per gallon for #2 heating oil assuming their refreshed price does not change substantially in the judgment of the Town Manager. 

On Town Meeting Day 2009 voters approved $15,000 for the School Street Sidewalk Extension Design. Mr. Rabidoux reviewed the survey and design for the project. A draft 5 year capital plan shows construction funding in FY 14 with a budget range of $150,000. 

Mr. Rabidoux received positive feedback from the Board. There was no further discussion.

At Town Meeting Day 2009 voters approved $40,000 for the Design and Engineering of the MountainRoadVillage sidewalk. The consultant, Charles Hirshberg, described the work which included survey and preliminary design for sidewalks on the north side of Mountain Road between Cape Cod Road and Edelweiss and also a new sidewalk along both Cape Cod to Sinclair and Cottage Club Rds to the Sunset Grill. Funding for the final design and construction will be including the 5-year draft capital plan for FY 15 and FY 16. Mr. Rabidoux noted that the budget for construction was in the $250,000 range not including right of way legal costs.

There was no further discussion. 

The Board reviewed proposed changes to the Town Charter which would clarify roles and finances for the Library and the Electric Department. 

The draft Library charter changes would make it clear that the Library Trustees set policy, the Library Director is responsible for implementing policy. The Town Manager would appoint the Library Director with the advice of the Library Trustees. The Library would be subject to the personnel policies adopted by the Selectboard. The Town Treasurer shall maintain all accounts. Town appropriations and all other taxpayer sourced library funds shall be subject to and handled in accord with financial policies and controls duly adopted by the Selectboard. However, trust funds and other donations to benefit the Library shall be under the exclusive control and discretion of the Library Trustees.

The Electric Department charter changes proposed would make it so that the Electric Commission and General Manager would operate much the same way as the Selectboard and Town Manager. Currently the Selectboard appoints Electric Department personnel, they are subject to the Town’s personnel regulations, and the Selectboard approves the Electric Department labor contract. The amendments would make it so that the Electric Commissioners appoint the General Manager, the General Manager appoints all other employees. It would also make so that the Electric Commissioners adopt personnel policies for the Electric Department and approve labor agreements. The Electric Commissioners would continue to be appointed by the Selectboard and may be removed for just cause.

Also proposed is to remove the current Conflict of Interest language from the Charter, which is limited in scope, in recognition of the recently adopted Ethics Policy adopted by the Selectboard which allows the Town to be much more expansive in what it covers. All departments of the Town, including the Electric Department would be responsible for adhering to the Ethics Policy adopted by the Selectboard.

Finally it proposes to remove the tax due dates in the Charter and have the Selectboard set the due dates on an annual basis. This is in case a reappraisal or other circumstance (e.g. grievances) makes it not possible to send out the tax bills thirty days in advance of the first payment currently due August 10^th.

The Board discussed the proposed changes. They took no action but asked the Town Manager to include further discussion at a future meeting.

Personnel – At 7:20 pm, the Board went into executive session on a motion by Mr. Aumand seconded by Mr. Williams with the Town Manager present. 

The Board came out of executive session at 7:27 pm.

Mr. Aumand made a motion seconded by Mr. Marron to hire Silas Power as an apprentice lineman in accordance with the Memorandum provided by GM Ellen Burt. Motion carried.

There being no further business to conduct, Ms. Scheuermann adjourned the meeting.

Minutes respectfully submitted by Susan Moeck.