Brandon Select Board Meeting
February 25, 2008
NOTE: These are
unapproved minutes, subject to amendment and/or approval at the subsequent board
meeting.
In Attendance:
Richard Baker, Bill Hatch, Bruce Brown, Kellie Patten
1. Call to order
a) Agenda Adoption
- Motion by Kellie Patten/Bruce Brown to adopt the agenda as written.
The motion passed unanimously - 3 to zero.
Mr. Baker suggested a
friendly amendment to the agenda to move the discussion of employee uniforms
from 5c to 3b under Purchase Orders, rather than under Planning and Zoning. The
board was in agreement.
2. Consent Agenda
a) Approval of
Minutes
- February 11,
2008 - Select Board Meeting
- February 11,
2008 - Public Hearing Rydon Acres
- February 11,
2008 - Board of Liquor Commissioners
Motion by Bruce Brown/Kellie
Patten to approve the Select Board meeting minutes of February 11, 2008, Public
Hearing of February 11, 2008 and Board of Liquor Commissioners' minutes of
February 11, 2008 with the following correction.
The motion passed unanimously - 3 to zero.
Under Public Works, first
paragraph, Tom Schmelzenbach stated this additional service request is for items
mandated by FEMA, and relates to the pedestrian bridge near the sewer treatment
plant.
b) Ratify Terms of
Brandon Revolving Loan Fund Committee Members
Richard Baker noted when
the appointments were initially made; it was not known which member and which
alternate wanted to go with which term. The members' preferences were provided
and the list was developed from this information.
Motion
by Richard Baker/Kellie Patten to ratify the terms of the Brandon Revolving Loan
Fund Committee members. The motion passed unanimously - 3 to zero.
3. Fiscal
a) Warrants
- February 21, 2008 - $618.57 - Town
Report Mailing
- February 14, 2008 - Correction to Note
Payment
- February 25, 2008 - $4,575.00 - Mosquito
District
- February 25, 2008 - $857,462.87
Motion
by Kellie Patten/Richard Baker to approve the warrant of February 21, 2008 for
$618.57. The motion passed
unanimously - 3 to
zero.
Motion
by Kellie Patten/Richard Baker to approve the warrant of February 14, 2008 to
correct the note payment. The motion passed unanimously - 3 to zero.
Motion
by Kellie Patten/Richard Baker to approve the warrant of February 25, 2008 for
$4,575.00 for the mosquito district. The motion passed unanimously - 3 to
zero.
Motion
by Richard Baker/Kellie Patten to approve the
warrants of February 25, 2008 in the amount of $857,462.87. The motion passed
unanimously - 4 to zero.
It was noted this figure
includes the quarterly payments to the fire district and the school system.
b. Employee Uniform
Contract
Motion
by Richard Baker/Bruce Brown to authorize the
town manager to enter into a three-year contract with Foley Services for
uniforms, with the rates and terms indicated in the board packet. The motion
passed unanimously - 3 to zero.
4. Town Manager's Report
Keith Arlund stated, as he reported at the last meeting, VCDP has approved $500
thousand for VT Tubbs. REDC has also approved $50 thousand for a new equipment
loan. He has spoken to VEDA and they will be meeting to determine if they would
restructure some of their debt. It appears a few more players are getting
involved. Mr. Arlund is working on a promissory note for $80 thousand, which is
the town's portion.
Mr.
Arlund reported that he and Mr. Baker attended the local government day in
Montpelier.
Mr.
Arlund stated he did inquire as to the status of the audit and he noted the
auditors were to have finished the draft report last week and will internally
review it and then email it to us.
Mr.
Arlund stated the town reports were mailed and there was a line error in the
delinquent tax list. There was a corrected copy done and inserted in the report.
He apologized for the error, noting the columns moved during e-submission of the
document.
5. Planning and Zoning
a) Update on Town
Plan
Ethan Swift stated they
did have a public forum and focused on issues of economic development and growth
within the town. The committee would like to move into the next phase of
outreach and would like to continue to solicit information for the town plan.
They have sent out a survey and they hope to have an information booth on
election day to provide people with a better idea of what is happening in this
process.
Richard Baker stated we
did something similar with transportation. He stated they should contact Bill
Dick, as he has jurisdiction over the property on that day. Mr. Swift stated
they are hoping to have a table of information to provide more awareness about
the process to the public. Beyond that, they hope to have a large public forum
and move the draft plan through the hearing process and obtain the select
board's input. They would like to have this complete by late spring. Mr. Swift
noted they have obtained a planning grant that is due to expire on May 1st.
Richard Baker stated he
thought the planning grant was split into two functions, with the second being
to research aqua firs and groundwater. Keith Arlund stated he participated in
the ground water studies and there was discussion about continuing the study. He
has had conversations with Ray Counter, but they have been busy with the
construction and installation of the new meters. Richard Baker stated on behalf
of the new board, he would like to request an overview of this project. He
stated he does not want to see money go away because a former employee did not
see fit to encumber it. Ethan Swift stated he did look into this and was told
this was not an option. He stated it is worthwhile looking into, however, if
there is a danger of losing the funds, as the committee could utilize the funds.
There were some items they were unable to do because of budget constraints.
Keith Arlund stated the intent was to share the grant, but we can address it
with the water director. Mr. Swift stated he also sent an email requesting to
get together with the new board to discuss collaborative efforts with the
planning commission. He also stated it seems like a good thing to pursue the
idea of designated growth centers. This would require seeking additional grants,
with the blessing of the select board.
b) Consider BLUO
Amendments and Zoning Map
Ethan Swift stated he
understands that we need to include more flood plane regulations. Charles
Jakiela stated Keith Arlund had provided him with this information. Mr. Jakiela
went to a seminar and got in touch with the various people that need to certify
the current regulations. The regional planning commission and the state gave
their blessings. He stated by June, they should be certified and in good shape.
Mr. Jakiela stated there have been no issues found with the documents at the
regional or state levels. Richard Baker stated this is a process that involved
other agencies and what will need to be asked is whether we need to make
references to the final documents. He stated we have time to discuss the land
use ordinance and to be sure that the references are made.
Ethan Swift stated he was
curious as to the status of the applications for the zoning administrator. Keith
Arlund stated with the direction of the board, he solicited applications. He
did provide a closing date and he will provide the information to the planning
commission at the appropriate time. When drafting the position, it was
contingent on the citizens' recommendations to change the position to part-time
zoning and part-time economic development. Ethan Swift stated he was curious
when the planning commission will be involved in this item and he will look to
Mr. Arlund to keep them informed. Richard Baker stated we have had the proposed
changes to the land use ordinance and have gone through an exhaustive analysis,
and unless there are any grave areas, he suggested having the new board adopt
the ordinance, recognizing there will be further changes pending the new town
plan. He stated it is time to adopt the revised land use ordinance. Mr. Baker
stated we will have to talk further with the planning commission and the public
concerning the town plan, and if the board waits until the town plan is invoked,
they may be going backwards. Mr. Swift stated they received a fair amount of
input at the last public meeting, but it is at the board's discretion when to
adopt that document.
Bruce Brown wished to
clarify the last revision of amendments is June 2007 and that everyone is
working with the same document. Charles Jakiela noted this is the correct
version and the process is for the select board to provide amendments to the
document, pass them back to the planning commission for their input and then for
the select board to adopt or respond to the planning commission's responses.
Keith Arlund stated when
Ethan Swift mentioned McConnell Road and the south side of town; we should
contact Ray Counter to review this area as a potential water source, as a result
of the geological information that was received about a year ago. He noted this
was the area where the grant money was intended to be spent to review.
6. Education Report
Kellie Patten stated
school is back in session tomorrow. Last week was school vacation and today was
an in-service day. She also noted tonight the Otter Valley basketball game is
in a playoff game in Barre.
Keith Arlund stated we
have three Wrestling state champions; Tim Shields in the 125 weight class, Alex
Rammage in the 135 weight class and Justin Bilodeau in the 160 weight class.
The girls' basketball playoffs start tomorrow in Vergennes.
7. Citizen's Public
Forum
Bob Kilpeck stated he and
Judy wished to thank the board for the honor of having the town report dedicated
to them. He noted it was truly a surprise and they were grateful. Bill Hatch
stated the dedication was well deserved.
8. Public Works Report
a) Discussion
Maple/Union Streets Sidewalk Project
Tom Schmelzenbach stated a
few questions have come up and he provided the board members answers to those
questions. There were specific concerns about the FEMA-mandated LOMR process.
He stated this is not similar to the storm water treatment process and they did
concur this was not in the normal scope of work for this project. They agreed
this was an extra and were in concurrence with the amount of money to apply to
that additional work. He stated he was asked to identify the process for
project termination. This is a portion of the cooperative agreement and Todd
Sumner of VTrans indicated the process should be a letter to him and a request
with justification. The amount of money is shown on the last page as to where we
are in the design phase of this project and we are being reimbursed $22,000.00
and have spent $28,000.00.
Tom Schmelzenbach stated
there is correspondence between the town and state noting there was not enough
money to build the project, but they would design the project and seek
construction funds in the future. They are well on their way in developing the
project and the board is welcome to review it.
Richard Baker stated the
board could ask the town manager and Mr. Schmelzenbach to write to the AOT
regarding this issue. He does not see it getting off the ground, but it seems
they have been looking the other way and they indicated their previous
interpretation was incorrect. Mr. Baker stated he sees us spending all of the
money and never having a viable project to build, and he stated there is a time
to say that it is time to stop. Tom Schmelzenbach stated he takes his direction
from the board. He noted he was not involved in pursuing this project and why
enough money was not placed in the document to build it, he is uncertain. He
stated pedestrians do use it and he feels the project has moved along fairly
well. One of the ways to handle the bridge that was discussed is to break the
bridge out of the project and use another program, but his feeling is no matter
what type of bridge goes there, one needs to be placed there.
Richard Baker stated he is
looking to the future and he feels it is outrageous to charge $16,000.00 for
application fees for a small bridge over the Neshobe River, with all of the
money being used up by design work and no monies left over for the construction
itself. He stated with the current financial environment, the likelihood of
anything being built is very slim.
Bruce Brown stated if the
potential for further construction is next to nil, why pursue it. He stated
with budgets and cutbacks, he does not foresee anything becoming available. Tom
Schmelzenbach stated the funding for this type of project is connected to the
highway funds, but is tracked separately. He stated it is difficult to discuss
why we are not filling potholes, but are building sidewalks; however, the money
is from different funding. If VTrans gets a project designed, it is their
intent to construct it, but they do not consider projects they have not
designed. Richard Baker questioned if it is possible to place the project on
hold until we have a better grasp of the likelihood of construction. Tom
Schmelzenbach stated he would get a response to this question and will advise
the board at the next meeting. Richard Baker stated the level of activity is
very low at this point and he would like to thank Tom for the research he has
done on this project.
b) Consider/Approve
Road Postings
Tom Schmelzenbach stated
he had provided the board with three lists of roads; one is the same as last
year that would just require a signature and approval, one is asterisked with
two additional roads, and the third document is for signing that includes the
additional roads. Mr. Schmelzenbach stated this is for the purpose of posting
for mud season.
Tom Schmelzenbach stated
he suggests posting McConnell Road, as there are a fair amount of trucks moving
along that road. It is the intent to keep the trucks on state roads for as long
as possible. Richard Baker stated he was on Town Farm Road today and when we
rebuilt this road, we did not anticipate the huge amount of sand that was going
to be hauled from the sandpit. Mr. Schmelzenbach stated by the time mud season
is upon us, it is hoped the sand hauling will be stopped. He stated as a town,
we are not set up to address really overweight trucks. Tom stated the town
posts the roads every spring and we are ready to ask for the signs. Richard
Baker stated we are doing this knowing there are overweight vehicles moving over
the roads.
Motion
by Richard Baker/Bruce Brown to approve the road postings list for mud season,
with the two additional roads. The motion passed unanimously - 3 to zero.
9. Committee Reports
and Announcements
Kellie Patten stated Girl
Scout cookies will be here Saturday. There will be various cookie booths set up
around town during the month of March for anyone who wishes to purchase them.
Ms. Patten noted that
Wednesday at 5PM is the last day to register to vote.
Richard Baker stated there
will be a candidates' forum at the Brandon Senior Center tomorrow evening
beginning at 7PM. He noted the two school systems have also been invited to
attend to discuss the Neshobe and OV school budgets.
Richard Baker stated, as
the town manager had indicated, they attended the VLCT Government Day last
Wednesday. They were joined by Kathleen Ramsey and they testified before the
joint House/Senate Transportation Committee concerning the urgency and
significance of the Route 7 reconstruction. They were advised that the committee
is aware of this issue, but they do not currently have funding. Mr. Baker
stated he also talked to Bob Helm regarding the police projection and public
safety in the State of Vermont. They were provided with a report and were
advised additional studies will be done this summer.
Richard Baker stated with
regard to his earlier comments concerning the issues that Rutland City is
facing, the surrounding towns need to work cooperatively so that they share in
the success of their efforts.
Richard Baker stated last
Thursday, merit hearings for Segments 1 and 4 were held with the district
environmental commission. The commission will be providing its recess order and
will be applying for Segment 6. The roles are reversed, as Segments 1 and 4 are
under management of the state and Segment 6 is under the town.
Richard Baker reported
Thursday will be the monthly meeting of the Rutland Regional Transportation
Council at the Rutland Regional Medical Center in Conference Room 4. They will
be discussing public transportation. He noted there is also a hearing to be
held on March 12th at 6:30PM at the Brandon Senior Center concerning
the application to add a midday shuttle between Rutland and Middlebury.
10. Old/Other Business
Richard Baker stated this is the last warned
meeting of the 2007/2008 Brandon Select Board. He stated it has been an honor
to serve on this board and it has been a good team. He believes the public has
felt they have had an opportunity to come and be heard and it has been a
pleasure working with the other members of the board.
Bruce Brown questioned if the Rydon Acre issue
had been resolved. Mr. Arlund reported he is working on this matter.
Keith Arlund reported he has received the CLA
appeal letter. The town did receive a slight advancement amounting to a 4 cent
reduction in the typical home owner's tax bill. He noted the state has set a
hearing date and unless they hear from the town, the result will remain as
stated. He noted Mr. Baker worked hard on this issue. Mr. Baker stated one of
the reasons the change is small is due to the property valuation people changing
the rules again. He stated he would be inclined to go to the hearing to ask them
to demonstrate that they have applied the same set of rules to all of the
towns.
Motion
by Richard Baker/Kellie Patten to authorize the
board chair to sign the stipulation on behalf of the Town of Brandon. The
motion passed unanimously - 3 to zero.
Motion
by Kellie Patten/Bruce Brown recess the Select Board to reconvene as the Board
of Sewer Commissioners at 8:10PM. The motion passed unanimously - 3 to zero.
Motion
by Bruce Brown/Kellie Patten to reconvene as the Select Board and move into
executive session at 8:20PM to discuss a potential litigation. The session is
to include the public works manager and the town manager. The motion passed
unanimously - 3 to zero.
11. Executive Session
The board came out of executive session at
8:30PM.
Motion
by Richard Baker/Kellie Patten to direct the town manager to respond to Attorney
Karl Neuse's letter from the Gibbuds regarding the Churchill Road and Bridge.
The motion passed unanimously - 3 to zero.
Motion
by Bruce Brown/Richard Baker to direct the town
manager to communicate with the Woods at Spring Pond developer regarding the
need for their sewer capacity application. The motion passed unanimously - 3
to zero.
12. Adjournment
Motion
by Kellie Patten/Richard Baker to adjourn the Select Board meeting at 8:40PM.
The motion passed unanimously - 3 to zero.
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