STOWE SELECTBOARD MEETING  Monday, December 12, 2005
Akeley Memorial Building Banquet Room  Minutes

(following Budget Workshop at 8:07 pm)

Present: Selectboard Members:  Ted Teffner, Heidi Scheuermann, Dick Marron, Charlie Lusk, Steven Riley; Town Administrator John Drury; Public Works Director Cliff Johnson

Others Present:  Wendall Mansfield, Adam Davis, Alan Boyea, David Loysen, Bob Davison, Scott Monroe, Bill Graves

CALL TO ORDER
Chair Teffner called the meeting to order at 8:07 pm. 

HIGHWAY
a. Review/Approve Water Works Rd Closure until April 15, 2006:  On a motion by Mr. Marron, seconded by Mr. Lusk, the Board authorized the closing of Water Works Rd from December 15, 2005 to April 15, 2006.

b. Public Hearing –  Mr. Teffner opened the Public Hearing for comment from those in attendance regarding a request to designate certain town highways and bridges for snowmobile use during the 05-06 snow season. 

Mr. Teffner pointed out that a new route through the village for those residents that live in the village would be from Frank Lackey’s lot on Main St. up School St. to the Elementary School. 

Wendall Mansfield also noted that Shaw Hill Rd was only open to the residents of Shaw Hill and that the road was no longer a corridor trail.  The new trail is located through Bouchard’s to Scheuermann’s to Cabral’s property. 

There being no further comments, Mr. Teffner closed the public hearing. 

Mr. Marron made a motion to approve the list of town highways, town bridges and town streets as submitted for the 2005-2006 snow season beginning on December 19, 2005 noting that item #2 was for use by Shaw Hill residents only.  Mr. Lusk seconded the motion.  Motion carried. 

SEWER COMMISSION
a.   Review/Approve Supply Agreement #5 with Dufresne Henry:  Mr. Johnson explained that there have been a number of discussions with Dufresne-Henry, Inc. (D-H) representatives regarding the dissatisfaction the Town has had with the odor problems and other design issues at the wastewater treatment facility. Disagreement about the causes of problems and who is responsible have been ongoing with no resolution. D-H has not admitted any fault.   Particularly because of the odor problems, the Town has held D-H invoices for the last two years for work related to the wastewater treatment facility operation and upgrade design. At this time the amount due D-H totals $152,608.14.

Mr. Johnson further explained that D-H recognizes that the Town could file a claim against them for the cost of some change orders and other operational problems. In order to avoid litigation and for all involved parties to resolve the matter, D-H has offered to settle this matter by issuing a credit on their accounts receivable of $83,470.   In order to establish a paper trail that can be followed by the auditors, ANR has recommended that a Supplementary Agreement No. 5 with D-H be authorized by the Selectboard.

Mr. Johnson said staff believes that settling this dispute with D-H is in the best interest of the Town and recommends that it be approved, subject to the review of the Town Attorney.

Mr. Marron made the motion to authorize the Town Administrator to sign the Supplementary Agreement #5 with Dufresne Henry subject to review by the Town’s attorney.  Mr. Lusk seconded the motion.  Motion carried.

b. Review/Approve Change Order to Penta Contract:  Mr. Johnson explained that now that the upgrades to the WWTF have been designed by D-H and approved by ANR, construction can begin. Originally, the Town received a proposal from the Penta Corporation that included the purchase of the equipment from US Filter. That proposal totaled $1,192,098 and included the full responsibility of all US Filter equipment and of course a 15% profit on the material being furnished by US Filter.  It appeared that the Town would be paying a premium to include the US Filter equipment in the Penta change order.  It was suggested by ANR that the Town could “direct purchase” the US Filter equipment. Penta was therefore requested to prepare a proposal excluding US Filter equipment but to include the required installation costs.

Mr. Johnson added that the new proposal from Penta totals $628,654.00 and includes the installation of equipment being furnished to the Town at no charge by US Filter, as well as the plant upgrades.  He said that funding for this work is included in the FY06 budget. It is expected that all of this work will qualify for a 50% sludge and septage grant.

Mr. Marron made the motion to authorize the Town Administrator to sign the Change Order #34
Mr. Lusk seconded the motion.  Motion carried.

c. Review/Approve Direct Purchase of Treatment Equipment from US Filter:
Mr. Johnson noted that as previously discussed it is beneficial for the Town of Stowe to direct purchase equipment from US Filter that is part of the WWTF upgrade.  The Board reviewed the proposal from US Filter.  In addition, Mr. Johnson explained,  US Filter is furnishing equipment, at no charge, to upgrade the ATAD facility including additional blowers, instrumentation, motor control centers and control panel upgrades.   He said that  US Filter is absorbing the cost of the ATAD equipment installation in the amount of $58,835. The Town has requested an extended warranty for new equipment, including the carbon adsorber odor control system and the value is included in the direct purchase price.  He said the total cost of the direct purchase is $120,253.   Mr. Johnson said the funding for this work is included in the FY06 budget. It is expected that all of this work will qualify for a 50% sludge and septage grant.

Mr. Marron made a motion to approve the direct purchase from US Filter as presented in the amount of $120,253 to correct the ATAD problem.  Mr. Lusk seconded the motion.  Motion carried. 

d. Review/Approve Connection Applications:  Grimes Properties LLC, 434 Edson Hill Road, 7992 gpd water – Mr. Lusk made a motion to approve the application as presented with financing for 11 months, seconded by Ms. Scheuermann.  Motion carried. 

e. Review/Approve 2nd Amendment of Municipal Sewer Finance & Security
Agreement for Spruce Peak:  The Board reviewed information provided by Mr. Johnson indicating that Spruce Peak Realty, LLC and Mt. Mansfield Company, Inc. (SMR/SPR) have indicated a willingness to pre-purchase 300,000 gpd of water for their projects. The original agreement included a commitment by the Town to provide the water, but the purchase was intended to be made as needed at the project proceeded. They are now willing to make the water connection fee up front.

Mr. Johnson explained that they  have also indicated a need to purchase an additional 50,000 gpd of sewer capacity, increasing their original purchase to 225,000 gpd. The original finance and security agreement stipulates that if SMR/SPR exercises its option to purchase additional sewer gallonage they will be required to pay a reserve fee for the unused portion.  Mr. Johnson stated that the proposed agreement includes a provision waiving that requirement and  further requests that no impact fees be imposed on the already approved project and no remote access fees be imposed.

The Board discussed the implications of the agreement and were unable to agree to the special impact fee provision requested at this time.

Mr. Apple, representing Mountain Company, said he would discuss the Board’s concerns with the Mountain Company’s management.

The item was tabled until the December 19th meeting and there was no further discussion.
LIQUOR COMMISSION
Mr. Marron recused himself due to statutory restrictions.
a. Review/Approve 1st Class Restaurant License for DS Inc dba Steve &
Erika’s, 14 Barrows Road:   Mr. Riley made the motion to approve the 1st Class
Restaurant License for DS Inc dba Steve & Erika’s as presented.  The motion was
seconded by Ms. Scheuermann.  Motion carried.

GENERAL GOVERNMENT
a. Approve Resolution(s) for Multi Jurisdictional All Hazards Mitigation Plan:  Mr. Drury explained that the document required some changes before the resolutions could be signed and returned to LCPC.  He said he would review Mr. Riley’s changes and forward them to LCPC.  This item was tabled until the December 19th meeting.  

There being no further business to conduct, Mr. Teffner adjourned the meeting
at 9:30 pm. 

Minutes respectfully submitted by Susan Moeck.