Brandon Select Board Meeting

February 11, 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, Anna Scheck, Tom Schmelzenbach, Chris Brickell, Bob Kilpeck, Phyllis Aitchison, Roman Wdowiak, Samantha Stone

The meeting was called to order at 7:06PM by Chair - Bill Hatch. 

1.  Call to order

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

2.  Consent Agenda

a) Approval of Minutes

1. January 28, 2008 - Select Board Meeting
2. January 28, 2008 - Public Hearing

Motion by Bruce Brown/Kellie Patten to approve the Select Board meeting minutes of January 28, 2008 and the Public Hearing of January 28, 2008 with the correction noted below.  The motion passed unanimously - 4 to zero.

Mitch Pearl noted Stephen Carr's name was spelled incorrectly. 

b)  Consider/Approve Amendment #1 to Brandon STP EH05 (4) - Sidewalk Project

c)  Consider/Approve Contract Amendment ASR #5 CLD Rt. 7 Design

Richard Baker suggested moving Items b and c to the Public Work's section to allow for a more thorough discussion. The board was in concurrence with this change in the agenda.

d) Consider Appoint DRB Member

It was noted there are three openings.  Richard Baker stated the select board had voted to establish up to a 7-member DRB on March 10, 2003 and currently there are four members. 

Motion by Bruce Brown/Kellie Patten to appoint Samantha Stone and Phyllis Aitchison to the Development Review Board.  The motion passed unanimously - 4 to zero.  

Bill Hatch questioned if the new members had any comments regarding their background, experience or intentions.  Ms. Aitchison stated she has been in real estate and she likes to be community involved.  She has been involved with the Brandon Chamber of Commerce and the Town Hall Committee and she feels that this would be an interesting position and would help the community. Ms. Stone stated she has moved back to the community and is an OV graduate.  She has worked for city government in New York. She attended planning school and she is very excited to join the DRB.  

Richard Baker stated a term will be established and ratified at a later meeting.

3.  Fiscal

a)  Warrants

      - February 11, 2008 - $105,103.55

      - February 25, 2008 - Brandon Mosquito District $4575.00

      - March 1, 2008 - $16,550.00 - Sewer Bond Payment

Motion by Bruce Brown/Kellie Patten to approve the warrants of February 11, 2008 in the amount of $105,103.55. The motion passed unanimously - 4 to zero.

Richard Baker encouraged the staff to hold potentially two of the checks until the details are straightened out. One check is for the mapping, which the vendor has made a rule of paying upfront and then sending the maps.  The other is the bill from the auditors. Mr. Baker stated the balance sheet has not been received from them yet and he recommends approving the warrants, but requests the town manager hold the check until they have the exit meeting.  Keith Arlund stated there have been two bills received to date and he intended to hold the first bill until receipt of the information, however, a second bill was sent and he intends to hold that one as well. Mr. Arlund will discuss this item with them tomorrow.  He also noted that within a week, we should receive a draft copy and hold the exit interview.  Bill Hatch requested Mr. Arlund to schedule a meeting between the board and the auditors at a later date. 

Motion by Mitch Pearl/Kellie Patten to approve the Brandon Mosquito District warrant in the amount of $4,575.00. The motion passed unanimously - 4 to zero.

Motion by Richard Baker/Bruce Brown to approve the sewer bond payment in the amount of $16,550.00. The motion passed unanimously - 4 to zero.

b) Purchase Orders

      -  Vermont Offenders Work program - PO #50671 - $6,300.00             

      - Tenco-Street Sweeping - PO #50672 - $6,000.00

Motion by Bruce Brown/Mitch Pearl to approve purchase order #50671 for mowing. The motion passed unanimously - 4 to zero.

Motion by Bruce Brown/Kellie Patten to approve the purchase order #50672 for the Tenco-Street Sweeping. 

Tom Schmelzenbach stated last year there was a vendor who provided the service and this year he has indicated he would not be doing that service. Mr. Schmelzenbach has looked into renting the equipment and he has reviewed this with the town workers and it is felt renting the equipment and doing it in-house would be the most economical and effective way to go.

Richard Baker questioned if the town is responsible for repairs and replacing the brooms, as historically equipment rentals have been difficult. Tom Schmelzenbach stated the brooms are included in the figure, which also includes delivery, and he does not anticipate other problems with the rental of the equipment. 

Richard Baker stated he would like to see less gravel spread on the roads, thus requiring less work sweeping.  He stated there are other ways of treating winter road conditions. 

The motion passed unanimously - 4 to zero.  

4.   Town Manager's Report

Keith Arlund stated an environmental review statement was filed for the Vermont Tubbs application, which was reviewed and approved. The VCDP office has indicated the grant has been funded for $500,000.00, which is less than the $750,000.00 that was applied for. They have made it contingent upon the town's revolving loan fund and Mr. Arlund is drafting a loan agreement relative to this subject.

Mr. Arlund reported he had a meeting this morning with Colonel Baker and Mr. Patch from the Shaftsbury/New Haven barracks. He informed the Colonel the board had removed the contract price and discussed the non-equity of some municipalities paying for the service and some not paying. They have agreed to reduce the price by $11,000.00 to $12,000.00 and requested that Mr. Arlund bring this to the board. Richard Baker asked if they are going to provide a listing of the other municipalities who are paying them for dispatch services. Mr. Arlund stated there are some towns that pay $2.82 per hour and the figure they are suggesting would equate to two shifts for Brandon. Mr. Arlund is unsure if they will provide a complete list and Richard Baker thought this would be public information.

Mr. Arlund advised Local Government Day will be held February 20^th.  He will be attending this with Richard Baker.

Mr. Arlund stated sewer readings have been received and there will be some adjustments made prior to printing the bills. It is hoped there will not need to be a rate increase. 

5.  Education Report

Kellie Patten stated the primary concert will be held on Wednesday at 6:30PM.  The 6^th Grade Partnership is having a movie night at Lothrop on February 29^th.  This is a district-wide effort to get the 6^th graders together and the next event will be held in April at Neshobe.  On February 27th, there will be a "Clear the Halls" drill and the Brandon Police Department will assist in this effort. Cross country skiing is beginning this week. The NECAP test results have been received and Neshobe shows steady progress. The test results will be reviewed at the next school board meeting and the results will be sent home to parents. There is a new basketball scoreboard and thanks go out to Carolyn and Chuck Memo, several other contributors and the PTO for this new equipment. The annual Neshobe Chess Tournament for Kindergarten through 8^th grade will be held on March 15^th.  Registration starts at 10AM and anyone interested in participating can contact Phil Keyes.  The SOAR program is planning a Summerfest July 25^th through July 27^th.  This is in the planning stages and more information will follow. 

Mitch Pearl stated the OV annual meeting for voters is scheduled for February 27^th at 7PM in the school auditorium.  People are encouraged to come and hear about the bond and budget vote.  Students are in the process of rehearsing for the one-act plays, with performances to be held March 6^th through March 8^th.  

6. Citizens' Public Forum

Richard stated Baker stated in speaking as a citizen, we are reminded about substance abuse in this region and he knows there are people that do not like to hear about this subject, but we do have it here and in the surrounding towns.  He has a great deal of empathy for the people of Rutland. He stated they need to stop and realize it is like a balloon and he is concerned that Brandon and the outlying towns will become the consequence of Rutland's results. He stated it is something that needs to be done; however, unless Rutland approaches the situation unilaterally, it is just going to displace the problem to the other towns.  He would like to encourage our leadership to use their network of other managers and police chiefs to make sure this message is communicated.  There was a consensus of the board to encourage the town manager and police chief to discuss this issue with the appropriate people.  

7.  Public Works

a)  Consider/Approve Amendment #1 to Brandon STP EH05

Tom Schmelzenbach stated this additional service request is mandated by FEMA and relates to the pedestrian bridge area and the sewer treatment plant. 

Richard Baker requested if this requirement arose after we entered into the agreement with DuBois and King. Tom Schmelzenbach stated he did ask that question and the answer was that a certain portion of the hydraulic study was included; however, the FEMA requirement for the mapping was not included in the original requirement.  Richard Baker asked if the FEMA requirement existed at the time of the original request and it was noted it was. Mr. Baker asked if there are any penalties the town is liable for if they terminate this effort. He stated in transferring the $9,000.00, it leaves $73,000.00 and it cost $120,000.00 to plan. He noted it will not get built for the money left over.  Mr. Baker stated this looks like another project that will go on, where we are keeping VTrans employed, but nothing gets built and he does not see why we just don't terminate the contact. He stated if a reasonably qualified engineering firm could have known this and if we knowingly signed the contract, then shame on us and VTrans for going on with the agreement. Tom Schmelzenbach stated when we identified what Richard is pointing out; the decision was made that it would be better to have a completely designed project, which would look better for future funding.

As far as the bridge is concerned, Mr. Schmelzenbach is looking at the Adaptive Use Program to use a bridge that has been used somewhere else. There is a truss bridge that could be used in this project.  Mr. Schmelzenbach stated we do not have sufficient construction money for this, but we do have the money to design the project. Since the town is far into the project, he would have to check with VTrans on the repercussions of canceling the project. Richard Baker stated if this is required to meet something that FEMA is requiring, then the project could not be continued.  Mr. Schmelzenbach stated he talked to VTrans and either way if we want to put a bridge there, the design would have to be done.  He noted there will be an intersection reconfiguration and we have done a lot of work with the utility companies about relocating the poles. Kellie Patten questioned if the agreement with the state indicates we are going to design and build. Mr. Schmelzenbach stated it is known that we do not have the funds to build the project, but it was decided to apply for future grants to complete the project.  Richard Baker stated if this is a scope issue; if we do approve, there should be no additional fee from DuBois and King. Tom Schmelzenbach stated he did not provide some of the supporting documents, however, VTrans has indicated it is a new and extra requirement and he will provide this information to the board members. 

A suggestion was made to table this item for discussion at the next meeting to give Mr. Schmelzenbach the opportunity to research this item. 

b) Consider/Approve Contract Amendment ASR #5 CLD RT 7 Design

Motion by Richard Baker/Bruce Brown to authorize the town manager to sign the amendment to the vendor's contract.  The motion passed unanimously - 4 to zero.  

It was noted this is a continuation of the work in preparation for the Act 250 application. It is getting close to the maximum amount of the contract that will also need an adjustment. Mr. Schmelzenbach would like to have the state approve the increase prior to the town entering into the contact with CLD.  He would like the board to approve the town manager entering into the contract with CLD. 

c) Other Business

Tom Schmelzenbach stated this season, as far as winter maintenance, has been different. The sand pile has taken a hit and they have been using salt sparingly.  He noted there have been a considerable number of members from the public coming to use sand/salt, as there has been an excessive amount of material disappearing. During normal operations, members of the public come in and Mr. Schmelzenbach expressed his concern, as the sand pile has a considerable steepness that has potential for sliding down.  He stated there could be problems and he wanted to make everyone aware of this issue. Bruce Brown stated that Pittsford provides a pile of sand away from the facility for public use. Mr. Schmelzenbach stated they are going to do something similar.  Bill Hatch questioned if it is understood that any citizen can pick up sand. Keith Arlund stated we have allowed citizens to do this in the past, however, we need to make arrangements to establish another pile for citizen's use that is removed from the large pile to avoid problems.

Richard Baker stated the postings are supposed to go up on November 15^th and they should be put up. Mr. Baker suggested bringing the postings to the next select board meeting for signing. 

8. Committee Reports and Announcements

Bruce Brown stated the Cattails' Feral Cat fund raising effort was a success. 

Richard Baker stated the town report is complete. The ballots are in town and from Wednesday until March 3^rd, anyone wishing to vote early can go to the town clerk's office. This year, the legislature has moved the last date for registering to vote to February 27^th.  Anyone who needs to register to vote and cannot make it to the town office can call Richard Baker at 247-6366 and he will bring registration forms to shut-ins. Mr. Baker met with the listers to redetermine the CLA and it appears there will be a minor change. Mr. Baker stated any change is worth going after, particularly in view of the information he provided to the board members. He stated the cliff note version is that notwithstanding the fact we are doing a town-wide reappraisal; when we have the numbers submitted to the state, they will divide by the CLA to generate a new CLA to set a tax rate for next year for the state-wide education property taxes.  He stated the listers have filed all of the papers.  

Richard Baker stated the tax bills are going to become more complicated, as OV and Neshobe will each have a residential tax rate and a non-residential tax rate. 

9. Old/Other Business

Motion by Mitch Pearl/Kellie Patten to authorize the town manager to process the take over of Rydon Acres Road and bring back to the board to sign.  The motion passed unanimously - 4 to zero.

Richard Baker stated he suggested it appears the plat that is in the land records is what the original developer planned to do with the lots. The lots and the road do not conform to the original plat and it seems the most antiseptic way to handle this is to take over the entire parcel and then remove the owned properties. The town would then end up owning only the road and the abutters would own the remainder of the property. Keith Arlund noted he would determine the best way to do this. Mitch Pearl encouraged Mr. Arlund to get appropriate legal advice. 

Richard Baker noted three weeks from tonight, the town meeting will be held at Neshobe School.  

Bruce Brown questioned the status of box board recycling. Keith Arlund reported he has been discussing this item with Mr. Elnicki and there is not a definite solution yet.

Bruce Brown stated he hopes the new select board will either eliminate the Backyard Project or make it happen.   Mitch Pearl agreed it should be placed on a future agenda to act upon. 

Richard Baker stated he wished to apologize to the Brandon Town Players, as they were the only people that did not know that they were not going to be placed on the warning, and this was a mishap in communications. What this brings to light is the issue of people coming in to be put on the warning for voter approval. The new board should review the ground rules and issue them as soon as possible . Over the years, it has become hybridized and the guidelines should be clarified.  There are a lot of questions that should be acted upon and a proper policy developed. Richard Baker stated there is a lot of research to be done, as some of the organizations have been on for many years and part of the issue is about equity.

Mitch Pearl stated an email from the chair of the planning commission was received that requested the scheduling of a joint meeting. Keith Arlund stated he asked if they would consider a joint meeting at a regular select board meeting and they have requested a separate meeting on March 18^th. Richard Baker stated that it would be good to meet with them.  He noted that three board members went to the forum, however, the dilemma is that the planning commission has a role to fill and depending on how closely we work together; at what point does it become the select board's effort they are crafting. Mr. Baker is reluctant to contaminate their thinking. Kellie Patten stated they are looking for guidance and she does not see a problem with the select board weighing in. Mr. Baker stated there needs to be dialogue, however, he expressed concern that public involvement is being excluded and there might be a significant number of people who have some thoughts. Kellie Patten stated they are going to hold some public meetings to obtain public information and allow people to voice their concerns. Bruce Brown stated he does not know that the board needs to comment. Richard Baker stated now that the board is prepared for town meeting, perhaps our strategy going forward to adopt or reject the land use ordinance and map should be discussed at the next select board meeting.  Mitch Pearl suggested warning a special select board meeting to go through the land use ordinance and map, with the planning commission free to attend.  Kellie Patten stated after town meeting, the board gets busy with routine items and she would rather discuss it at the meeting on February 25^th.  A suggestion was made to place the land use ordinance and maps discussion on the agenda for the February 25^th select board meeting.

Richard Baker stated that sometime prior to the March 10^th meeting, the appointments to be made should be advertised in the local papers.  Anna Scheck stated she has already taken care of this item.

Motion by Mitch Pearl/Kellie Patten to enter into executive session to discuss personnel and the session is to include the town manager. The motion passed unanimously - 4 to zero.  

10. Possible Executive Session

The board came out of executive session at 8:22PM.   There were no actions required. 

11.  Adjournment

Motion by Richard Baker/Kellie Patten  to adjourn the Select Board meeting at 8:22PM.  The motion passed unanimously - 4 to zero. 

Respectfully submitted,

Charlene Bryant

Recording Secretary