PRELIMINARY MINUTES TOWN OF LUDLOW BOARD OF SELECTMEN. April 2, 2018

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PRELIMINARY MINUTES TOWN OF LUDLOW BOARD OF SELECTMEN April 2, 2018 BOARD MEMBERS PRESENT: Howard Barton, Jr., Chairman Logan Nicoll Brett Sanderson Bruce Schmidt BOARD MEMBERS ABSENT: John Neal STAFF PRESENT: Frank Heald OTHERS PRESENT: Thomas Foster Ralph Pace Vincent Guerrero (Okemo Valley-TV) Paul Orzechowski Ted Reeves 1. Call to Order A. Chairman Howard Barton called the meeting to order at 7:00 p.m. B. All members present, except John Neal. 2. Annual Board Reorganization A. Elect Chair of the Board i. Motion by Brett Sanderson and seconded by Bruce Schmidt to elect Howard Barton Chair of the board. Motion passed B. Elect Vice Chair i. Motion by Brett Sanderson and seconded by Logan Nicoll to elect Bruce Schmidt as Vice Chair of the board. Motion passed C. Elect Clerk of the Board i. Motion by Bruce Schmidt and seconded by Logan Nicoll to elect Brett Sanderson as Clerk of the board. Motion passed D. Appoint Union Negotiation Team Members i. Frank Heald indicated that none were needed this year. E. Appoint Ludlow Enterprise Fund Committee Members i. Motion by Bruce Schmidt and seconded by Logan Nicoll to appoint Howard Barton and Brett Sanderson as Enterprise Fund Committee members. Motion passed F. Set Day and Time of Regular Meetings and Alternate Meetings i. Motion by Brett Sanderson and seconded by Logan Nicoll to continue with regular meetings to be held the first Monday of each month at 7:00 p.m. Special meetings, if needed will be held on the third Monday of the month at 7:00 p.m. Motion passed G. Appoint Recording Secretary i. Motion by Bruce Schmidt and seconded by Brett Sanderson to appoint Lisha Klaiber as secretary. Motion passed H. Designate Newspaper of General Circulation i. Motion by Logan Nicoll and seconded by Brett Sanderson to designate THE VERMONT JOURNAL as newspaper of circulation and to continue using THE RUTLAND HERALD as backup paper. Motion passed I. Adopt Roberts Rules of Order i. Howard Barton advised that the Board has used Roberts Rules of Order for the meetings.

Preliminary Meeting Minutes Page 2 of 8 ii. Motion by Brett Sanderson and seconded by Bruce Schmidt to continue using Roberts Rules of Order. Motion passed 3. Consideration of any Changes, Additions or Removals to the Agenda i. Frank Heald advised that no changes were necessary. 4. Approve Minutes of Previous Meetings A. Howard Barton advised that the minutes to be approved are from the regular meeting of February 5, 2018. B. MOTION by Brett Sanderson and seconded by Logan Nicoll to approve the minutes of the regular meeting of February 6, 2017 and special meetings of February 26, 2018, March 12, 2018, March13, 2018, March 15, 2018, March 19, 2018 and March 28, 2018 as presented. Motion passed 5. Comments from Citizens A. There were none. 6. Appoint Town Officers A. MOTION by Brett Sanderson and seconded by Logan Nicoll to appoint the slate of candidates for 2018-2019 as presented. B. Howard Barton asked about the positions to be filled by Frank Heald. C. Frank Heald said that he will resign from them all with a blanket resolution. D. Logan Nicoll said that he will talk to Norman Vanasse about applying to fill the Alternate to the SWCRPC position. E. Motion passed 7. Appoint Solid Waste District Representative Alternate A. Frank Heald advised that the board should authorize the chair to sign the election form. B. MOTION by Bruce Schmidt and seconded by Brett Sanderson to authorize the chair to sign the form appointing the persons to the positions of Representative and Alternate Representative to the Solid Waste District Board of Supervisors. Motion passed 8. Liquor Control Board A. Howard Barton advised that there are 24 licenses and 9 outside licenses other than those for Okemo. All taxes are current. Applicant Business Name Additional Outside Aminah & Rayhan, LLC Ludlow Shell American Legion Post #36 American Legion Barrich Corporation Pot Belly Pub Brewfest Beverage Company Brewfest Beverage Company Brockton Corporation Shaw s Beer and Wine Gaignard, Richard C D.J. s Restaurant Goodman s American Pie Goodman s American Pie Homestyle Hostel, LLC Homestyle Hostel Homestyle Hostel, LLC Main & Mountain Motel KMS Inc. The Hatchery LVP, Inc. Ludlow Village Pizza Mark J. Williams Corp Mr. Darcy s Bar and Grill Moon Calhoun LLC Downtown Grocery Moon Calhoun LLC Mama s Petrogas Group NE, Inc. Applegreen (formerly Cumberland) Quan Tro LLC Pettigrew Inn Rose Douglas and Ann Rose Douglas and Ann 46 Depot Street Annex, LLC Stemwinder

Preliminary Meeting Minutes Page 3 of 8 Stuart, Leslie Pearson The Wine and Cheese Depot TBK Inc. Tom s Loft Tavern Twelve Thirty Four, LLC MOJO Café Tyson Properties Tyson Store Vermont Irish Pub LLC The Killarney Williams Prime Corp. Chop House i. MOTION by Logan Nicoll and seconded by Bruce Schmidt to approve the liquor licenses as indicated. Motion passed unanimously B. Okemo Liquor License Renewals i. Howard Barton said all licenses were current on taxes and any other fees. He added that there are 7 license and 8 outside consumption renewals Applicant Business Name Additional Outside Okemo Mountain Food and Beverage EPIC Willie Dunn s Grille Sitting Bull Lounge-Base Lodge Smoky Joe s Grill Sky Bar Jackson Gore Inn,, Corner Store at Jackson Gore ii. iii. Bruce Schmidt recused himself from the vote. MOTION by Brett Sanderson and seconded by Logan Nicoll to approve the liquor license renewals indicated above. Motion passed 9. Adopt Town Roads & Bridge Standards A. Frank Heald advised that this is an annual Certification of Compliance stating that we our standards meet or exceed the state standards. Ludlow does. B. MOTION by Brett Sanderson and seconded by Bruce Schmidt to adopt the Town Roads and Bridge Standards as presented. Motion passed 10. Approve Codes & Standards Certification of Compliance for Town Roads & Bridge Standards A. Frank Heald advised that this is an annual Certification of Compliance stating that we our standards meet or exceed the state template and goes along with the Standards. Ludlow does. B. MOTION by Logan Nicoll and seconded by Bruce Schmidt to execute the Certificate of Compliance as presented. Motion passed 11. Approve VTRANS Annual Financial Plan Town Highways A. Frank Heald advised that this is the annual certificate to the state that the town is spending at least $300/mile on Class I, II and III highways. He noted that there have been changes to the Class II and Class III because of Commonwealth Avenue. B. MOTION by Brett Sanderson and seconded by Bruce Schmidt to sign the certificate. Motion passed 12. Consider & Sign Coolidge Solar I, LLC Memorandum of Understanding A. Frank Heald advised that this was discussed at the February meeting. It is for a lease for Coolidge to use Stearns Pit for staging for the Barker Road project. The term will be from April 1 through November 30, 2018. Use of this property will reduce heavy truck traffic and the town will earn $8,000 per month. He recommends the board sign the memorandum of understanding. B. MOTION by Bruce Schmidt and seconded by Brett Sanderson to sign the Memorandum of Understanding between Coolidge and the Town of Ludlow. Motion passed

Preliminary Meeting Minutes Page 4 of 8 13. Update on State Plan for ADA Dock at Lake Rescue Fishing Access A. Frank Heald advised that this is for the board s information. The state will be putting in an ADA dock at the Lake Rescue Fishing Access site. The residents are not happy. There was a meeting on March 28 and the state has extended the comment period until April 3 rd. There is little the town can do about it. B. Bruce Schmidt voiced his concern that that is a tight area and he expects there will be more police calls. He also expects that people will be swimming there. C. Frank Heald said it is for getting in and out of boats. D. Bruce Schmidt said he heard the meeting was very contentious. 14. Adopt Local Emergency Operations Plan (LEOP) A. Frank Heald said it is pretty much the same as last year. There will be changes in May. B. MOTION by Brett Sanderson and seconded by Bruce Schmidt re-adopt the Emergency Operations Plan. Motion passed 15. Update on Commonwealth Avenue Project A. Frank Heald advised that there is some movement on the project. FEMA wanted more financial information. The state thinks the project will happen and they expect approval for the project in the summer. After that, there will be final engineering and then the bond vote. The design has changed and the current design is a large box all the way to the river. There will be issues crossing Route 103, because the water and sewer lines are in the ground. He said that parallel to that, FEMA will be purchasing two IMERYS properties on East Hill. They will tear down the two houses and the land will revert to the town. The land is of very little value and will be used for a park with grass. There will not be an increase in tax revenue. 16. Update on Recreation Department A. Frank Heald advised that they recently did a search for an Executive Director for the Recreation Department. The person chosen to fill the position will graduate from Colby Sawyer on May 5 th. He is currently working part time for the town, until his graduation. His name is Nick Miele and he is a very impressive person. He encourages the board members to meet him when he comes on full time. He was at the Easter egg hunt, 17. Department Head Reports A. Howard Barton advised that all reports are in for the February and March. 18. Other Business A. School Properties i. Bruce Schmidt voiced his concerns about the future of the school properties and feels that the town should have input on its future use. He would like to see some type of agreement signed between the school board and the town. He is concerned about maintenance and upkeep should of the buildings. If the private school does not work out, ultimately, the properties could revert to the town. ii. Paul Orzechowski said he is he chairman of the new unified board and would like to have a carousel meeting of the school board with the Select Board. He would like to iii. discuss the $75,000 from Ranger Solar. Howard Barton said that he would like to wait on that until the school board has a set plan for where it is going. iv. Paul Orzechowski said their next meeting is on April 11 th. v. Bruce Schmidt said that Ludlow and Mount Holly are running Pre-K through grade 6 and in 2 years will end up with the building. He wants to be cautious and make sure the Select Board is involved. The school is a big part of the community. He does not think a carousel meeting is needed. vi. Frank Heald said the Ranger Solar original deal was to contribute $75,000 for bleachers. The funds for repairs to the bleachers came from another source. However,

Preliminary Meeting Minutes Page 5 of 8 one could make the argument that the problems with the bleachers caused the damages to the floor and the money could go to repair the floor. He said that he has reached out to Ranger Solar, but hasn t heard back. vii. Bruce Schmidt also noted that the arrangement with Ranger Solar was for a project in Ludlow and now with the unified district, it is all one budget. Mount Holly is not putting anything into this. He does not think the entire amount should go to repairing the floor, but that Mount Holly should contribute part. viii. Howard Barton asked when they plan to work on the floor, because the money from Ranger Solar will not be available until the project is commissioned and in service. ix. Paul Orzechowski said they plan to put it out to bid and work on it this summer. x. Howard Barton said Ludlow should not have to continue to give Mount Holly a freeride. xi. xii. Bruce Schmidt suggested part of the money may be put to the Community Center. Frank Heald said they will have to get back to Ranger Solar because the contract specifically says Bleachers for President s Hall. He also suggested they get a letter from an engineer about the floor project. B. Compliment for Ambulance Service i. Frank Heald advised that a letter was received complimenting the Ambulance Service on their highly professional actions in treating his wife. Copy of the letter is attached. 19. Set Date for Next Meeting A. Howard Barton advised that the next regular meeting would be May 7, 2018 at 7:00 p.m. 20. Sign Warrant Orders A. Warrant orders have been signed. 21. Possible Executive Session/Personnel/Contracts/Legal Issues A. Frank Heald advised that an Executive Session is needed. B. MOTION by Bruce Schmidt and seconded by Logan Nicoll that in accordance with the provisions of 1VSA 313 (1) (B), he moves that the Ludlow Select Board enter into Executive Session to consider; i. Legal Matters. The premature public knowledge of this information would place the Town and Village of Ludlow at a substantial disadvantage. This motion for executive session includes the members present and the Municipal Manager. Motion passed C. Board entered into Executive Session at 7:49 p.m. D. Executive session ended at 8:07 p.m. E. MOTION by Brett Sanderson and seconded by Logan Nicoll to authorize the chair to sign the Settlement Agreement with Okemo Limited Liability LLC. Motion passed 22. Adjourn A. MOTION by Logan Nicoll and seconded by Brett Sanderson to adjourn. Motion passed B. Meeting adjourned at 8:10 p.m. Respectfully submitted, Lisha Klaiber Howard Barton, Jr., Chairman Brett Sanderson John Neal Bruce Schmidt Logan Nicoll

Preliminary Meeting Minutes Page 6 of 8