Brandon Select Board Meeting

January 7, 2008

NOTE:  These are unapproved minutes, subject to amendment and/or approval at the subsequent board meeting.

In Attendance: Richard Baker, Mitch Pearl, Bill Hatch, Bruce Brown, Kellie Patten

Also in Attendance:  Keith Arlund, Tom Schmelzenbach, Chris Brickell, Bill Berry, Francis Martin, Frank Farnsworth, Bob Kilpeck, Ken Torrey, Roman Wdowiak, Edward Loedding, Dale Ann Stratton

The meeting was called to order at 7:00PM by Chair Bill Hatch. 

1.  Call to order

a) Agenda Adoption - Motion by Kellie Patten/Mitch Pearl to adopt the agenda as written. The motion passed unanimously - 4 to zero.

2.  Consent Agenda

a) Minutes of December 17, 2007 - Select Board Meeting

Motion by Richard Baker/Kellie Patten to approve the Select Board meeting minutes of December 17, 2007.  The motion passed unanimously - 4 to zero.

b)  Consider Town Highway Mileage Certificate

Richard Baker stated he would like to table this item to the January 28^th meeting as this has not been reviewed with Tom Schmelzenbach. It was noted there is time to take action on this item as it is not due until February 20^th. Richard Baker questioned if the new road is included in this item and Mr. Schmelzenbach noted it was included.  

3.  Fiscal

a)  Warrants

1)      December 20, 2007 - $358.00

2)     January 7, 2008 - $37,496.14

Motion by Mitch Pearl/Richard Baker to approve the warrant of December 20^th in the amount of $358.00 and the warrants of January 7^th in the amount of $37,496.14.  The motion passed unanimously - 4 to zero.

Richard Baker questioned why there as an out-of-cycle check cut for routine business.  Mr. Arlund stated the vendor requested payment and Mr. Baker noted it was unusual to cut a separate check when there is a payment cycle. 

Richard Baker stated he is concerned over an item purchased, as the voters and taxpayers work hard for their money. He noted a purchase was made for two highway signs from Texas, with a shipping charge of $500.00 and he felt there would likely be vendors closer.  Mr. Baker stated he would like to keep our money as close to home as possible.   

4.   Town Manager's Report

Keith Arlund stated the VCDP application and documents for VT Tubbs has been submitted.

The auditors continue their work and Mr. Arlund does not have an estimated completion date, but he is continuing to work this issue. 

Mr. Arlund reported the Finance Report has been delayed due to the year-end closeout workload.

Mr. Arlund stated Francis Martin has scheduled an ICC course that will be held on January 16^th, 23^rd and 30^th and Mr. Arlund will be in attendance. Mr. Martin stated this is an Incident Command Course for those who are in a supervisory or leadership position in the case of a mass casualty. The rescue squad crew chief or anyone in a leadership position should attend. He noted they also have courses for section leaders, but this is for 1^st line supervisors.  This course has in-class instruction and participants will be doing exercises simulating they are at an incident.

Mr. Arlund reported a legislative breakfast is scheduled for January 14^th at the South Station that is sponsored by R.E.D.C. and the Rutland Regional Chamber of Commerce.  

Kellie Patten questioned the status of the town wide reappraisal. Keith Arlund stated they have completed over 50% of the site visits and have had some issues with availability, however, they believe they will meet their target date of June 1^st. Mr. Arlund noted there have been progress billings on what has been completed and he reviews them monthly. 

5.  Education Report

Kellie Patten stated Neshobe School Board meets tomorrow night. Neshobe School will not be in session on January 21^st for Martin Luther King Day and this is the only scheduled time off through February.

Mitch Pearl stated OV will have a 4-day weekend, as they will also have an in-service day combined with Martin Luther King Day.   

6. Citizens' Public Forum

Francis Martin read a letter on behalf of the Brandon Area Rescue Squad requesting to be exempt from the annual petition. 

Edward Loedding, resident of 19 Carver Street, stated he has had an ongoing problem since 2002 with bad drainage.  The first damage was in 2002 and plans were drawn up to fix the problem dated in 2003. One of the points of the plan is a drop in storm drain to catch overflow.  He has had damage to his driveway over the years because nothing has been done.  In April 2007, he had talked to Tom Schmelzenbach about having a new driveway and indicated he did not want a repeat of the past problems.  A band aid solution was placed on the problem that works in the spring, summer and fall, but a deep swail does not do any good in the winter. The driveway that was replaced in October is now ruined again and has to be redone. He wants the problem taken care of and over the course of the last 6 years, he has heard that it is going to happen and is forthcoming; and he stated that now is the time to fix it. Mr. Loedding stated he cannot afford to pay again due to the delay in repairing something that should have been done.  

Dale Ann Stratton, resident of 31 Carver Street, stated she has experienced some of the same type of damage as Mr. Loedding. She has problems with snow removal, with the water coming down the hill and with snow being pushed down the hill on to her property. She is not just getting the sidewalk snow, but also the snow that is being pushed by the snowplow. She stated there is little coordination between the two.  Ms. Stratton stated she is disabled and can handle the snow in her driveway most of the time, but she cannot handle the compact snow that is being pushed on to her property. She cannot afford to have someone come and do this snow removal repeatedly.  One of the concerns she has is the town is allowing an increased amount of impervious pavement to be installed. She stated Brandon has had a drainage problem for many years and this is not the board's fault, but is a situation the board has inherited of Brandon not being able to afford to do things the way they should have been done.  Ms. Stratton used to work for a public works department and stated she knows what she is talking about. In looking at Carver Street, the original plan was a good one and was designed so the slope of the street went to the uphill side and water was captured in the drain system, but over the years as Carver Street has been paved, it has been pushed to the downhill side.  She stated when she originally moved into her house the sidewalk was 6 inches above her property.  A friend helped her dig out what had been an original spring that now captures most of the run off.  This is a problem all along Carver Street and is an issue that needs to be attended to.  She has heard and understands the desire to try to do as much at one time for the savings on scale, but that clearly is not happening.  She has also heard this was going to be fixed and it has been almost 4 years. It seems the town needs to develop another approach to problem-solving and another way to doing priorities, recognizing realities of the fiscal priorities. She noted they need to quit treating these types of incidents as if they are isolated and only responding on an emergency basis, as it is very frustrating to the homeowners.  She has talked to people in other parts of Brandon and it seems there is a pattern. Ms. Stratton stated she is not motivated to do anything with her house, as she is frustrated with the problems.

Richard Baker stated he was unaware of the issues with Ms. Stratton's property. Ms. Stratton stated she has made suggestions of how the snow can be handled. She does understand that people around town have problems and she wants the board to stand back and be aware of the issues. She stated there is no use to plowing the sidewalk in front of her house, as it is unsafe and it would be fine with her to leave the sidewalk alone. 

Keith Arlund stated this has been an issue and there have been complaints, but the department is doing the best they can. Ms. Stratton stated there are other ways to accomplish the work, as it has been hit and miss in the order the way things are done.  She has suggested alternative ways of changing this area. She has lost three tires due to the issue with her driveway, but she has to go straight in and cut sharp because she cannot get in otherwise. She stated there is a block of sidewalk that serves no useful purpose. The other end next to her house is so narrow, if she wanted to use that way she would be sideways and people coming across the hill could not see her.  Ms. Stratton noted she has come very close to being hit broadside as she has exited her driveway. Ms. Stratton stated she would welcome a visit by the board to view the issue. 

7. Public Works Report

a) Consider Skid-Steer Purchase

Tom Schmelzenbach stated he would like to respond to the individuals who expressed concerns this evening and he would like to express his appreciation for their patience.  He stated the highway department is diligently working on the roads. There is a battle with clearing the sidewalks and some issues have come up repeatedly. The department will work to try to improve that conflict, as they are conscientious about how they provide the service. 

Mr. Schmelzenbach provided information about the skid-steer. He had conversation with the town manager and provided a brief background. He stated this is the proper piece of equipment to address the work to remove the snow from the sidewalks. There were a number of pieces of equipment reviewed  and Mr. Schmelzenbach feels with the strength of this equipment, it would serve Brandon well. There are a number of models similar in price and he has talked to many vendors and has provided a recommendation after his review.  He would prefer to not use the current piece of equipment as a trade-in at this time.

Motion by Richard Baker/Kellie Patten to authorize the town manager to provide the best and final offer at the next meeting, based on a five-year lease for procurement of this equipment from either of the first two vendors on the list. 

Richard Baker met with Mr. Schmelzenbach and the town manager and the process that was followed was thorough and warrants the board's approval.  He noted like buying a car, there are advantages and disadvantages, and one cannot always get exactly what you want.  The two options at the top of the list are comparable and he would be agreeable to either of the top two options. He does not think the town will be ill-served from either case.  This would include a v-shaped blade and this would be helpful to reshape the plow depending on the conditions.

The motion passed unanimously - 4 to zero.

Tom Schmelzenbach stated he will talk to the town manager regarding the storm drain situation, as he worked on this quite some time ago.  There were other issues that have happened and some of these items were going to be repaired as part of the Route 7 Project.  He stated there is a balance between not wanting to redo work and the need to take care of it regardless.  He will discuss this with the town manager and put together a solution. Mr. Schmelzenbach stated he does try to take everyone's comments into consideration and provide the best service by the public works department. 

8. Committee Reports and Announcements

Kellie Patten stated it is Girl Scout cookie time. If someone has not been contacted to purchase cookies, they can get in contact with one of the area leaders who include Tina Wiles, Sarah Eddy or Kellie Patten. She noted her father currently holds the record for purchasing the most boxes. 

Kellie Patten stated the Stephen Douglas Group have reviewed plans and it is anticipated the proposed work to go out to bid by mid-February to March, with the work hopefully finished by fall.  

Ms. Patten wished to remind people there is a budget workshop scheduled for next Monday and the public is invited to attend.  

Mitch Pearl reported that on Friday at 11AM in Montpelier, the VT Arts Council would be presenting a $20,000.00 check to the Friends of the Town Hall, which will be used for the fire suppression system.

Richard Baker reported this past Saturday was a successful running of the Jingle Bell Jaunt. Mr. Baker wished to thank the volunteers of the program and he noted there was a good turnout. 

Richard Baker reported there is a meeting scheduled for Thursday, January 10^th in Manchester concerning an FAA mandated study of the Rutland Regional Airport. On January 14^th there will be a legislative breakfast and that night there will be the annual meeting of the Brandon Fire District held at the fire station. The deadline for articles for either funding or other issues   for town meeting are due by the close of business at 4PM on January 24^th.   Also on January 24^th, there will be the monthly meeting of the Rutland Regional Transportation Council held at the Rutland Regional Medical Center.  On January 28^th, nominating petitions are due no later than 5PM at the town office, which is a statutory deadline time.  Mr. Baker noted there are a lot of opportunities to become involved, which includes the moderator, auditor positions, a 3-year lister term, a 3-year select board term and 2 one-year select board terms.  There are a lot of offices that will be vacant and anyone interested in running should complete a petition.

Richard Baker stated three weeks from tonight, a site visit of Ry-don Acres will be done by the Select Board to determine if the town should take over the roadway to Ry-don Acres.  He stated the advantage to the board and taxpayers in taking over a roadway are two-fold. By invoking our standards, we attain a higher quality level for the roadway that serves subdivisions in the community.  If you are going to anticipate the town taking over the road, you must build to the approved standards and this is the case with this road.  If the standards are higher and subdivisions are built to those standards, it helps the community. The reassessment of a property served by a roadway should command a higher appraisal value and an increased assessment yields a higher payment to the town.

Mr. Baker stated the final item is that he is pleased to announce that although it will require involvement by Brandon and other communities, the Regional Transportation and Regional Planning Commission have chosen to undertake a project to get the entire Route 73 roadway from Chipman Point to Rochester designated the Lakes to Mountain Byway.  It is anticipated an intern will be hired to put together the document. The application is to be completed and it is hoped to be approved by late this year.  Next year will be the 400^th Anniversary of Samuel de Champlain taking this area and the target is to be designated and have the signage up by that time.

9. Old/Other Business

Kellie Patten wished to remind people to register to vote. 

The budget workshop is scheduled for Monday, January 14^th at 5:00PM in the Brandon Town Office. 

Richard Baker stated the property valuation from the state was received and the town's CLA is at 60.41. On the education side of the budget, if the budget increase is at zero, Brandon will pay 12.3% more merely by the fact that some properties sold for significantly more than the appraised value. The town appealed last year and there was a small improvement received. 

Motion by Richard Baker/Mitch Pearl to authorize the Board Chair to sign on behalf of the Select Board a similar letter requesting a review of this determination.  The motion passed unanimously - 4 to zero. 

Mr. Baker stated because the letter came in over the holiday season, he has not had the opportunity to review it like last year, but since the board is meeting on the 14^th, there will be an opportunity to discuss it, as the letter must go back by the 15^th.  This is a proforma notice that they are asked to come back to review again. He stated there was a $4 million  mistake on one transaction previously and that alone could explain a lot of this.  

Richard Baker stated there was work being done on the land use ordinance and the Planning Commission is working to amend the town plan.  Once the budget is complete, he would recommend getting back to business on the land use ordinance.  There is a lot of changes proposed, but in the spirit of having a predictable set of rules, the burden is on the town to keep upgrading it. 

Bruce Brown stated a couple of meetings ago, there was discussion of expanding the recycling by accepting box board and he noted this would be beneficial to the citizens. Mr. Arlund will research this item.  

Bill Hatch stated he received a call from a citizen concerning the Backyard Project and it was stated there may be some grant funds subject to withdrawal by the state. It was suggested there may be a letter coming from the state terminating the grant and it may be prudent to take a look at the status of the grant and provide some preliminary plans to finish or terminate the project. Richard Baker stated the delay originated from conflicting directions from various state agencies. Keith Arlund stated over six months was spent discussing the flood plane issue that has been resolved.  He will provide an update to the board. 

Richard Baker stated even though there is the lateness of the hour, the board does want to answer the Rescue Squad's request. The petition would be due by 4pm on the 24^th of January. Kellie Patten stated they would appreciate knowing at least a week ahead of time. She stated the library does not have to obtain a petition, however, Richard Baker stated the town has an elected official at that entity, which is the difference. He stated we have had the same set of rules for years and the request could have come in sooner. He questioned where does one draw the line, as there are many worthwhile entities who are required to obtain petitions. Kellie Patten suggested discussing the item next Monday night, as there are pros and cons to the answer.  The decision was made to discuss this item at next Monday's meeting. 

Richard Baker stated that we have had multiple vacancies because of the departure of one former employee and because most things seem to be running satisfactorily, there was been a delay in filling this position. He noted there needs to be a strategy developed on going forward, as there has been some friction in the area of zoning administration. He noted we owe it to the people who are thinking of investing in Brandon to provide the tools to facilitate that activity and he is concerned about that. There was some direction to take applications off the web site and this is something that needs to be discussed.  Bruce Brown stated this issue goes with the discussion next week concerning how to fund that position.  Mitch Pearl stated he was under the impression the town manager was going to report on the best way to handle those areas. 

11.  Adjournment

Motion by Bruce Brown/Richard Baker to adjourn the Select Board meeting at 8:00PM.  The motion passed unanimously - 4 to zero. 

Respectfully submitted,

Charlene Bryant

Recording Secretary