Brandon Select Board Meeting

March 10, 2008

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

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

Also in Attendance: Keith Arlund, Anna Scheck, Bill Berry, Lee Kahrs, Blane Cliver, Mei Mei Brown

Bill Hatch stated the first item of business is to swear in one of the newly elected select board members. Richard Baker, board member and justice of the peace, swore in Mitch Pearl as a select board member. The pledge of allegiance was then recited by all present.

1.  Call to order

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

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

2. Election of Select Board Officers

Bruce Brown requested nominations for the office of Chair. 

a. Chair

Motion by Richard Baker/Kellie Patten to nominate Bill Hatch as the Board Chairperson.  The motion passed unanimously - 4 to zero. 

b. Vice-Chair

Motion by Kellie Patten/Mitch Pearl to nominate Richard Baker as the Board Vice-Chairperson.  The motion passed unanimously - 4 to zero.

c. Clerk

Motion by Richard Baker/Mitch Pearl to nominate Bruce Brown as the Board Clerk.  The motion passed with one no vote. 

3. Adopt Meeting Rules of Operation and Organizational Preferences

Motion by Richard Baker/Kellie Patten to adopt Robert's Rules of Order modified for Small Boards as the operational preference for the Select Board meetings.  The motion passed unanimously - 4 to zero. 

Motion by Mitch Pearl/Kellie Patten to maintain the current meeting schedule of every 2^nd and 4^th Monday of the month for the Brandon Select Board, unless otherwise noted. The meetings will be held at the Brandon Fire Station beginning at 7PM.   The motion passed unanimously - 4 to zero. 

4.  Consent Agenda

a) Approval of Minutes - February 25, 2007 - Select Board

Motion by Bruce Brown/Richard Baker to approve the Select Board minutes of February 25, 2008. The motion passed unanimously - 4 to zero.

5.  Fiscal

a) Warrant - February 29, 2008 - $150.00

     Warrant - March 10, 2008 - $58,328.44

Motion by Kellie Patten/Mitch Pearl to approve the warrant of February 29, 2008 for $150.00. The motion passed unanimously - 4 to zero.

Motion by Mitch Pearl/Richard Baker to approve the warrants of March 10, 2008 in the amount of $58,328.44.  The motion passed unanimously - 4 to zero.

6. Appointment of Town Officials

Motion by Richard Baker/Kellie Patten to appoint the following individuals to the offices noted in 6a through 6i. The motion passed unanimously - 4 to zero. 

a)     Paul Gurney as Tree Warden

b)     Lary Fusco as Weigher of Coal

c)     Dale Creeley as Inspector of Lumber

d)     Seth Clifford, Frank Farnsworth and Charles Rivers as Fence Viewers

e)     Jim Leary as Green Up Day Chair

f)       Helen Hutchins as the Town Service Officer

g)     Keith Arlund as Rutland County Waste District Representative (Replacement for Carmelita Brown to be advertised)

h)     Richard Baker, Keith Arlund and Lynn Saunders as Representatives to the Route 7 Steering Committee

i)        Coval Wetmore as Representatives to the Mosquito District Board

j)        Appoint Board of Liquor Commissioners

k)     Appoint Board of Sewer Commissioners

Keith Arlund stated he would prefer to remain the alternate for the Rutland County Waste District. Mei Mei Brown stated the commitment only takes 1½ hour on the first Wednesday of the month and is an important position for the town. She noted if anyone would like to give back to the community, this is a way to serve. Ms. Brown stated she found it very rewarding for the 6 years she served and she urged members of the public to consider it. 

Items 6j and 6k:

Richard Baker stated these are items for consideration in an effort to make the appointments legal. 

Motion by Richard Baker/Bruce Brown to appoint the existing select board as the Brandon Liquor Commissioners and Sewer Commissioners.  The motion passed unanimously - 4 to zero.  

7. Designate Official Newspaper

Bill Hatch questioned when the official newspaper becomes the designated paper.  It was noted that it becomes effective as of the time of this meeting.

Motion by Bruce Brown/Richard Baker to appoint The Brandon/Pittsford Reporter, aka The Reporter, as the designated official newspaper, with the Rutland Herald as alternate. The motion passed unanimously - 4 to zero.

8. Education Update

Kellie Patten reported last Thursday and this Thursday are Parent/Teacher conferences. Some teachers will be distributing the spring recreation brochure at the conferences.  Ms. Patten stated the OV follies will be held this Friday and the annual Neshobe Chess Tournament will be held this Saturday.  There will be no school on March 21^st.  Ms. Patten noted they are hoping there will be no more snow days.  Girl Scout cookies are also still available through Ms. Patten.  

Mitch Pearl reiterated the OV Follies will be held this Friday.  For those who wanted to see the OV One-Act plays that were canceled last Saturday due to the ice storm, there will be an opportunity to see one of the plays at the Regional Festival to be held on March 22^nd.  For more particulars on this festival, people can call OV for details. 

9.  Citizen's Public Forum

Bill Berry stated he had attended a select board meeting during the first part of February and had requested guidance on a zoning item. The last time he was here, he got the impression the board had given him the go ahead to run sewer and water from the main on Pearl Street to a lot in back of his home. He then called Charlie Jakiela to pursue this project and Mr. Jakiela had indicated he could not do what he intended.  Mr. Berry questioned what he should do, as his property is noted in both Rural and Neighborhood Development zones. He was advised that he had to abide by the regulations of Rural Development. He would like to subdivide his property; however, he does not have sufficient property in that zone.  He wanted to know what he needs to do to get this approved.  Richard Baker stated Mr. Berry is within a group of property owners whose property was colored incorrectly on the map.  His property should have all been included in Neighborhood Development.  Bruce Brown stated if he is hooking up to town sewer, he would not need two acres. Richard Baker stated the intention was to encourage people to locate new development along current infrastructure and that entire lot should be in Neighborhood Residential and then there would be sufficient acreage.  Bill Hatch asked if it is a DRB or a select board issue.  Richard Baker stated since he doubts we will complete the overall amendment of the zoning ordinances soon, if it is feasible, he suggests amending the map at the March 24^th meeting. He noted all of the public hearings have been held and this was part of the change that was proposed already. Mr. Baker stated there are several corrections to be made and he noted the zoning administrator could choose to work with the property owner at the select board's request. Mitch Pearl stated we could correct just these lots and leave the remainder for further review. Keith Arlund questioned if it would be possible to make a formal application for a lot line adjustment and have it be denied and then appealed to the DRB.  Richard Baker stated it is not a lot line adjustment, as it is a variance to the existing land use map.  Kellie Patten questioned if the land use and the zoning maps are consistent and Mr. Baker stated there is only one map. Mr. Baker stated with the intent of this body, it would be within the zoning administrator's authority to approve this permit. Kellie Patten questioned if the select board could adopt it if we have a proposed corrected map. Bruce Brown stated if there is a new revised map, he would like to know how they are going to determine the corrections. Richard Baker stated the old select board concluded this map needed more work and the new board now needs to make sure that it is corrected. Mr. Baker stated the zoning administrator could be a little less conservative and if there is an issue, a change could be done at the next meeting. Mr. Arlund stated he will discuss this matter with the zoning administrator and will advise Mr. Berry.

Richard Baker provided the following statements:

These past 44 years, I've been privileged to speak on hundreds of occasions, in venues humble and grant, to thousands of people in many parts of the world. Yet no speech I've ever made was more difficult, or as important, as the thoughts I want to share with you tonight. Some may think it is too extreme, too hard, too hurtful. To those people, I would direct their attention to the world we live in - it's extremely hard, hate-filled and hurtful.  If anyone is offended by these comments, I apologize to them, but these words need to be seriously considered. They are not meant to hurt, but rather to alert.

Mr. Chairman, trusted colleagues on the Brandon Select Board, ladies and gentlemen in the audience - both present and those of you watching on PEG TV:

I come before you tonight as a concerned citizen, with a clarion call to action.

In an interview before last week's election, I told a journalist for a local newspaper that I trusted the voters. Apparently, 780 of them trusted me enough to return the compliment.  It's also likely that some of the 552 who voted for my opponent trust me as well, but preferred his approach over mine. In any case, being trusted means we have leadership responsibilities.

Let's not confuse leadership with politics, or politicians. Politicians: preach hope; promise change; tell us they're ready on day one; that the surge is working - even if we have to stay in Iraq for 100 years; that the global war on terror will last for generations; that no amount of civil liberty or human dignity is too great to sacrifice on the alter of fear. Leaders, on the other hand, try to find and follow the best path - not necessarily the easiest path.

Tonight, quite frankly, I believe we're not on any path. We're lost somewhere in the deep dark woods, and we can't find our way home. We're afraid. We're distracted. We're too busy worrying - about war, terrorists, $108 a barrel oil, foreclosures and the high cost of living - to pay attention to what's going on in our country, Vermont, the Rutland Region or our beloved Brandon.  The woods are dark and deep - we see bright eyes glaring at us, hearing snarling noises and smell the fear. We're not blind to the truth - just numbed by it. We avert our eyes, close our minds, and stumble around because, to paraphrase Jack Nicholson in A Few Good Men - . . . "we can't stand the truth."

We've been told so often to be wary of the terrorists abroad, that we've ignored the terror within.  Terror that we harbor in our homes, our families.  Terror that we shelter in our communities.

How else to explain the young girl who tells her classmates that her mother has MS because the family is ashamed to admit she's a crack head?  Classmates by the way, where every third child is doped out on gateway drugs like Ritalin, Adderall or Paxil.  How can we be shocked a few years later, when these children, having been shown that drugs are "good for them," steal their Grandma's Oxycontin or Uncle Larry's Vicodin to get high? When our neighbor gets his 4^th DUI, or someone driving under the influence kills an innocent man on his way to work - and gets off on a technicality - why should we be surprised that 53% of our 12^th graders engaged in binge drinking in a 30 day period? That one in four has tried cocaine, and one in six has used it in those 30 days.  That one in 16 has tried heroin, and one in 7 - meth-amphetamine? That 38% of our 12^th graders rode in a car driven by someone under the influence of alcohol in that 30 day period - and 28% drove under the influence of alcohol in the same period? Or that 49% rode and 26% drove, respectively, while under the influence of marijuana.  That 27% of our 8^th through 12^th graders either were offered, sold or given an illegal drug on school property in 2005. That a beautiful cousin nearly OD'd by chewing a microwaved Xanax transdermal patch? That our children are dying way before their time? This is not exaggeration - in fact, I've tempered these examples and statistics, and omitted other cases, in order to minimize the pain. No, this is not an exaggeration, this is terror. This is the scourge of substance abuse that we need to confront and overcome as a community.

Don't complain that this is a scare tactic, that it will discourage businesses and individuals from coming here. That line is not acceptable anymore. Down that path is denial. That path leads to even greater torment. No amount of economic development or creative economy projects is worth the life of one more of our children. No amount of police overtime in Rutland City will solve the problem, or the additional police officer that Brandon's voters approved at Town Meeting, will suffice by themselves.

We need to fashion a regional, multi-disciplinary, holistic and systemic approach to banish this scourge from our communities. We need to overcome the terror within and build resiliency in ourselves, our families and our community. When we can demonstrate that we live in a safe, caring, loving and resilient town and region, then - and only then - will we have more economic development and prosperity than we can ever imagine in the current environment.

One of Robert Frost's most quoted poems is Stopping by Woods on a Snowy Evening. With profound apologies, I wish to conclude these comments by paraphrasing the last stanza of that lovely piece: 

The woods are ugly, dark and deep,

But we have promises to keep,

And miles to go before we sleep,

And miles to go before we sleep.

Won't you please join me in promising to address this issue? Now? More seriously than ever before? Thank you.

10. Town Manager's Report

Keith Arlund stated he received an award letter for the VT Tubbs grant and loan the amount of $500,000.00 and will be confirming the information. REDC will loan $50,000.00 for equipment purchases and VEDA will extend their guarantee to Key Bank for another year. All items are contingent upon each other and we are moving forward with the process.

Mr. Arlund received the draft audit report and he has completed the management discussion and analysis. There were some anomalies that they are trying to understand and he will electronically submit the document back to them. The auditors will then incorporate that into the second and final draft. 

Mr. Arlund wished to remind everyone there is a public hearing scheduled for Wednesday evening at the Brandon Senior Center to discuss expanding the commuter bus routes. He noted there is also a similar meeting to be held at 6:30PM on Thursday evening in Middlebury.  He noted the Marble Valley Bus will be providing rides for people who need a ride to this hearing.

Mr. Arlund reported he had attended a VLCT conference on the telecommunications. They heard an interesting talk about Burlington Telecom, a group who developed their own TV, phone and Internet service.  They also heard about a local group with headquarters in Stratton, Vermont, who joined a consortium to bring fiber optic cables to 24 towns. 

Mr. Arlund reported Vermont Emergency Management has granted $4,000.00 for the generator project, bringing the total to $12,000.00 for the emergency generator at Neshobe School. The town has a 50% match and he has a proposal from an electrical contractor to do the project bid proposal.  He noted we are making progress on this item; however, we could have used it this past weekend.  Mr. Arlund stated he worked with the fire chief and CVPS on the issues of this past weekend and he noted CVPS did a great deal of work to get the electricity back up in a short period of time. 

11. Report/Discuss/Consider Town Hall Approval of Next Construction Phase

Blaine Cliver and Mei Mei Brown, representing the Friends of the Town Hall Committee, were present to discuss the town hall project.  Ms. Brown stated they were told by Department of Labor and Industry the town hall would need a working fire suppression system before there could schedule more events there. They are going to allow the Preservation Trust to have their annual meeting in the town hall in May. Through the last year, the Grant Committee has been applying for grants and the registered voters were asked to provide donations. Ms. Brown stated they have met the goal of $72,000.00 for the system, actually having obtained $80,000.00 in funding. They are working with Robert Williams and Associates on the design of the system and it is hoped it will be completed soon.  They will then submit an application to do the work and will then send out RFP's for the project. The architectural firm is hired for the full extent of the town hall work, which will be done in phases. It was noted having the system designed is the most efficient way to do the project, as it would be more difficult for the contractor to design the project.  Mr. Cliver stated he received an email from Tim Stone, the individual who will be designing the system and Mr. Cliver will be meeting with him next week.  Keith Arlund stated the select board had authorized him to work only on Phase I of the project, and the committee is now working in Phase V and this is the reason he has asked Ms. Brown and Mr. Cliver to attend the meeting to discuss the process going forward. Blaine Cliver stated there was a revised estimate completed.  Ms. Brown stated they had an estimate of $50,000.00 to do the main floor and an additional $12,000.00 to do the other area.  The project is still in the ballpark and they are in a position to move forward with this, completing both floors. Mr. Cliver stated he would provide Mr. Arlund with the updated estimates. Mr. Arlund requested the board's approval for moving forward with the fire suppression system for the town hall. 

Motion by Mitch Pearl/Kellie Patten to authorize the Town Manager to proceed with the requests for RFQ's and design work for Phase V of the Town Hall project the fire suppression system. The motion passed unanimously - 4 to zero.

Mitch Pearl stated he would like to thank Mei Mei Brown for all of her efforts in moving this project forward. Ms. Brown stated the committee is a great team. She stated they have an opportunity to apply for a grant for energy efficiency that may cause them to reshuffle their phases, as they need to move things around as monies are available. 

12.  Committee Reports/Announcements

Richard Baker stated we will be having the last meeting on the Act 250 application for Segment 6 of the Route 7 project through downtown Brandon.  The intent is to hold a hearing in April and receive the construction permit shortly thereafter.

13. Old/Other Business

Mitch Pearl questioned if the board intends to schedule a goal setting session.  Mr. Arlund will develop a schedule for this item.

Richard Baker stated he would like to remind his colleagues that we still do not have a policy on consumption and sale of alcohol in a public building.

Bruce Brown stated he would like to either see something done with the Backyard Project or to cancel it out. He requested Tom Schmelzenbach provide what has been approved to date and what money is left.  Keith Arlund stated he has done some work on this subject and has spoken with Curtis Johnson of VTrans.  He stated we are in the right of way phase and there have been deeds exchanged to cover the parts that had to do with the Brown and the bank property. The original grant was $187,000.00 and we have spent to date around $55,000.00, so there is still design money available. There was a process concerning the flood way that is outstanding. Mr. Arlund noted there has been no threat to pull the project at the state level. Bruce Brown questioned if there will be any money available to build, once the design is done. Mr. Arlund stated the money was for the whole project and there could potentially be money left to implement it. Richard Baker stated pending Mr. Brown's return; a report should be provided on what was originally contemplated and what has been done. He noted we do have a park and a parking lot, however, there was about $40,000.00 earmarked for public toilets, which has now been moved to the Stephen Douglas House.  Mr. Baker stated it is time to do something with this project.

Bruce Brown stated concerning the ordinances, we need to set a date and move along with them.

Bruce Brown questioned the box board situation at the dump.  He stated he has heard some communities are taking all plastics and we need to discuss with Mr. Elnicki an expansion at the transfer station.  Mei Mei Brown stated at one of the Solid Waste District meetings, the dollar amount of recyclables was provided and they are bringing in nice money and it would be fairly easy to bring this to the citizens of Brandon. Keith Arlund stated we have a five-year contract with Mr. Elnicki and he has asked him to consider the box board. Mr. Arlund will follow up with Mr. Elnicki. Mei Mei Brown stated the cost per pound charged in Brandon is the highest in the county. Mr. Brown stated he hopes there would not be an increase due to this request.  Keith Arlund stated Mr. Elnicki has held the prices and he will follow-up again with him on additional recyclables.

Motion by Richard Baker/Bruce Brown to recess the Select Board meeting 8:00PM to reconvene as the Board of Sewer Commissioners. The motion passed unanimously - 4 to zero.

The Select Board reconvened at 8:16PM.

Motion by Richard Baker to reconvene as the Select Board to enter into executive session at 8:17PM to include the town manager for a contract, litigation and enforcement discussions.  The motion passed unanimously - 4 to zero.

16.  Possible Executive Session

The Board came out of executive session at 8:50PM.  There were no actions required.

17. Adjournment

Motion by Kellie Patten/Richard Baker to adjourn the Select Board meeting at 8:52PM.  The motion passed unanimously - 4 to zero. 

Respectfully submitted,

Charlene Bryant

Recording Secretary