Members Present: Ken Nolan, Jeff Turner, Dan FitzGerald, Randy Barrows and Diana Palm

Staff Present: Ted Nelson, Town Manager; Ian Smith, Town Engineer; Gail Henderson-King, Planning Director

Others Present: See attached sign in sheet.

Call to Order – Ken Nolan called the meeting to order at 6:32 p.m. and led both the Select Board and the audience in the flag salute.

Dan FitzGerald – Additions: Purchase orders and taping system for the meetings.

Ted Nelson – Deletion: Obscenity Ordinance. Additions: Ducks and the water billing error.

Ken Nolan – Addition: Set date for workshop to discuss the Water/Wastewater Infrastructure

MOTION made by Jeff Turner, second by Randy Barrows to accept the additions to and the deletions from the agenda. Discussion: none. Vote: All vote yes. MOTION CARRIED.

Sotos Papasherphim questioned the Select Board regarding the letter he submitted for a refund of money regarding his appeal. Ken Nolan stated the Select Board has not made a decision. Hearing no further questions or comments Ken Nolan closed public forum at 6:36 p.m.

Public Hearing: Transportation Enhancement Activity Grant Application -apply for grant as presented

Ken Nolan clarified this grant was for a sidewalk/streetlight infrastructure study that required approval by the Select Board. Ian Smith gave a presentation of the grant application. Discussion took place regarding the Town and Village involvement, the plan, maintenance, and the Village Trustees. Ian Smith explained the three phases to the sidewalk plan. MOTION made by Randy Barrows, second by Dan FitzGerald approving the 1999 Transportation Enhancement Grant application for $128,000 for a two-phase project to plan and design a logical sidewalk network. Discussion: none. Vote: All vote yes. MOTION CARRIED.

Dog Pound Facility – Accept recommendation to continue with Cross/Chittenden Humane Society.

Ted Nelson gave a presentation regarding the boarding of dogs at the Cross Kennel and the Chittenden County Humane Society. Discussion took place regarding the convenience of the Cross Kennel, the majority of dogs being picked up by their owners at the Cross’, and the Chittenden Humane Society. MOTION made by Jeff Turner, second by Diana Palm authorizing the Town Manager, Ted Nelson Jr., to sign the contract with Walter and Betty Cross and the Chittenden County Human Society for dogs as presented. Discussion: none. Vote: All vote yes. MOTION CARRIED.

Cat Pound Facility – Accept recommendation with DeJa-Vu Kennel/Chittenden Humane Society

Ted Nelson gave a presentation regarding the contract with DeJa-Vu Kennel and the Chittenden County Humane Society. MOTION made by Jeff Turner, second by Randy Barrows authorizing the Town Manager, Ted Nelson Jr., to sign the contract with DeJa-Vu Kennels and the Chittenden County Humane Society for the boarding of cats as presented. Discussion: none. Vote: All vote yes. MOTION CARRIED.

Champlain Land Trust presenting Eagle Mountain Natural Area proposal – accept proposal as presented.

John Hoyt gave a slide show presentation of the Eagle Mountain site. Peter Espenshade gave a presentation of the Lake Champlain Land Trust, the Eagle Mountain Area, the goals, the proposal, and the challenges. John Hoyt gave a financial handout to the Select Board. This handout is attached to the original set of minutes on file in the Town Clerk’s Office. Discussion took place regarding the finances of this project, Vermont Electric Coop, access, the Eagle Mountain Area, negotiations, and the management plan. MOTION made by Diana Palm, second by Randy Barrows to accept ownership of the property of John and Peggy Hoyt and the Lake Champlain Land Trust of the Eagle Mountain Natural Area property and the town will accept simple ownership of the property subject to the terms of a conservation easement and management plan. This ownership will commence on or before December 31, 1998. The conservation easement will be held by the Lake Champlain Land Trust. The management plan will be drafted by community members and will be approved by LCLT and the Town of Milton. The town will manage the propety as a Natural Area, as recommended in the management plan, subject to legal review when all documents are in place. Discussion took place regarding the legal review, documents, the total acreage being 226 acres, terms and conditions, and access. The Select Board thanked all parties involved. No further discussion. Vote: All vote yes. MOTION CARRIED.

Ted Nelson gave a presentation. Discussion took place regarding possible meeting dates. The Board set the first public hearing date for November 2, 1998. The second meeting date will be set later.

Jeff Turner gave a presentation of the ducks killed by a dog. It was recommended the Town reimburse Diane Sweet for the deceased ducks and this money should be collected from the dog’s owner. Discussion took place regarding the process for reimbursement. MOTION made by Diana Palm, second by Dan FitzGerald to reimburse Diana Sweet $50.00 for five ducks killed by a stray dog. Discussion: none. Vote: All vote yes. MOTION CARRIED. MOTION made by Diana Palm, second by Dan FitzGerald that when the owner of the dog claims the dog, the dog owner reimburse the Town $50.00 for the ducks killed by the dog. Discussion: none. Vote: All vote yes. MOTION CARRIED.

Ted Nelson gave a presentation of a problem with the billing for municipal water. The Town is looking into the double billing of customers. The problem is with the software.

Dan FitzGerald gave a presentation of the difficulty in hearing the meeting tapes. It was recommended the Town invest in a better system. Discussion took place regarding the recording devices used. Ted Nelson stated a new system is in this fiscal year budget and is going out to bid. The new system will include recording and amplification.

Ken Nolan gave a presentation. A workshop needs to be done regarding the Act 250 process, the tower on Arrowhead Mountain, water improvements and the timing of the improvements. Discussion took place regarding the T.I. F. Districts, and the Act 250 permit. The Board set a meeting date for October 12 to hold a workshop on water/wastewater issues. This meeting is to include John Cushing and Ian Smith. Ken Nolan requested this meeting be posted as a working session.

MOTION made by Jeff Turner, second by Dan FitzGerald to accept the Minutes of September 21, 1998 as written. Discussion: none. Vote: Four yes votes, one abstention (Randy Barrows). MOTION CARRIED.

The Board reviewed the Orders. MOTION made by Diana Palm, second by Dan FitzGerald approving Warrant Invoice #10 in the amount of $15,505.08. Discussion: none. Vote: All vote yes. MOTION CARRIED.

MOTION made by Diana Palm, second by Dan FitzGerald to sign three hand checks as follows: One to Diane Sweet in the amount of $50.00, one to the State of Vermont for permitting in the amount of $235.00, and one to the State of Vermont for Wet Weather Operations in the amount of $95.00. Discussion: none. Vote: All vote yes. MOTION CARRIED.

MOTION made by Jeff Turner, second by Diana Palm to enter into Executive Session to discuss the Morse Sandpit and contract negotiations to include the Select Board, the Town Manager and Richard Whittlelsy. Discussion: none. Vote: All vote yes. MOTION CARRIED. Entered Executive Session at 7:59 p.m.

Jeff Turner left the meeting at 9:00 p.m. Out of Executive Session at 11:19 p.m. MOTION made by Diana Palm, second by Dan FitzGerald authorizing the Town Manger to sign contract with the Police. Discussion: none. Vote: Three yes votes (Diana Palm, Dan FitzGerald, and Ken Nolan), one abstention (Randy Barrows). MOTION CARRIED.