Brandon Select Board Meeting

March 24, 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

Also in Attendance: Keith Arlund, Anna Scheck, Lee Kahrs, Francis Martin, Rodney Pulsifer, Bob Kilpeck, Jeff LeBerge, Frank Farnsworth, Tom Schmelzenbach, Charles Whitehead, Jeff White, Chris Brickell, Kerry Weeks

Police Chief Chris Brickell stated the Brandon Police Department is proud to recognize two of our officers for their dedication and commitment to the profession of law enforcement. Both Officer Jeffrey White and Officer Charles Whitehead have been promoted to ranking positions within the department. These positions recognize the accomplishments of both officers and their ability to assist Lt. Pulsifer and me with the complex task of providing quality responsive law enforcement to the Brandon Community. Officer Jeffrey White is promoted to the rank of Corporal.  He has been with the department since 2004 and is currently a Field Training Officer responsible for the training that new officers receive both before and after graduating the academy. He is also the department's Firearms Instructor. Cpl. White spends hours gathering intelligence and documenting problem areas related to criminal activity.  He and other officers spent their own time after their assigned shifts just to learn of the criminal activity that began after their shifts were over. This time well spent led us to the adapted schedule we now run, which provides much better coverage than before. Officer Whitehead is promoted to the rank of Sgt. He also has been with the department since 2004. He is a DARE officer, Taser Instructor, and also the department's newest K-9 Officer. He was instrumental in getting the K-9 program re-established and spent many hours of his own time training and acquiring certification. Police Chief Brickell stated he would like to congratulate both officers and he looks forward to their continued successes in a field that poses many obstacles, but can also be a very rewarding career to those who choose to serve.  Police Chief Brickell then swore in the officers.

1.  Call to order

The meeting was called to order at 7:24PM by Chair  Bill Hatch.      

a) Agenda Adoption - Motion by Richard Baker/Kellie Patten to adopt the agenda as written. The motion passed unanimously - 3 to zero. 

2.  Consent Agenda

a) Approval of Minutes - March 10, 2008 - Select Board

Motion by Mitch Pearl/Kellie Patten to approve the Select Board minutes of March 10, 2008. The motion passed unanimously - 3 to zero.

b) Approval of Road Closing

-       Independence Day Celebration

-       Chamber of Commerce Event August 13, 2008

Motion by Kellie Patten/Mitch Pearl to approve the Independence Day Celebration road closing. The motion passed unanimously - 3 to zero.

Motion by Kellie Patten/Mitch Pearl to approve the Chamber of Commerce August 13^th event. The motion passed unanimously - 3 to zero.

3.  Fiscal

a)  Warrant - March 8, 2008 - $2,000.00 for Postage

b)  Warrant - March 24, 2008 - $104,799.98

Motion by Richard Baker/Kellie Patten to approve the warrant of March 8, 2008 for $2,000.00 for postage. The motion passed unanimously - 3 to zero.

Motion by Mitch Pearl/Richard Baker to approve the warrants of March 24, 2008 in the amount of $104,799.98.  The motion passed unanimously - 3 to zero.

Richard Baker stated there is a friendly amendment to the motion in that there was a $10.00 adjustment in the payoff of the Lake Sunapee Bank, making the total warrants $104,789.98. 

4. Town Manager's Report

Keith Arlund stated he received the draft grant agreement from the VCDP for VT Tubbs. He will review the document and provide comments on line; it is hoped to have the comments to them this week.  These are the special conditions between the grantee, the state and the town.  Mr. Arlund advised there is an awards ceremony scheduled for April 15^th at the State House. 

Mr. Arlund reported the auditors will be here on Wednesday at 11AM to go over the final questions. They have a checklist for management and they will provide a final draft based on the items discussed on Wednesday.

Mr. Arlund reported the public hearings concerning the mid-day bus runs were well attended.  A request is being forwarded to the state to add mid-day runs on Tuesday and Friday around 11:30AM, with passenger exchanges in Brandon.  This concept was well received by the public. He noted the ridership has been significant and it is hopeful to add more mid-day runs in the next federal budget.

Keith Arlund stated he has been working to complete the document for the take over of the Rydon Acres Road.

It was noted there will be a mandatory walk through of the Administration Building at the old Brandon Training School on April 22^nd and it is recommended that the Town Manager attend to keep the town's options open. 

5. Education Update

Francis Martin stated he was present to provide the Neshobe education update that Bette Moffett had previously done. He noted that Ms. Moffett did an outstanding job and he probably will not be able to do it as well as Bette.  He stated Chris Keyes represented Neshobe School at the regional Spelling Bee and placed 9^th out of 35 students.  He will also be representing Neshobe at a Geography Bee in April.  Recently, Neshobe hosted a Chess Tournament and there were 50 chess players in attendance and a great time was had by all.  On Tuesday, April 8^th, the Lake George Opera Company will be performing Pinocchio at Neshobe School. The spring concert will be held on March 27^th at 7PM. Primary classes are learning water safety at VAC, which is an activity funded by the PTO.  Kindergarten registration for Neshobe will be held on April 2^nd and 9^th. Those parents who do not have an appointment should call the school to schedule one. 

Mitch Pearl stated the regional One-Act Play competition was held at Rutland High School and the OV play, "Blah, Blah, Blah", was selected to move on to the state competition on April 5th. Will Pearl and Amy Taylo received awards. 

Richard Baker stated our community is well served, as we have an active and vibrant educational community. There is formal day-to-day instruction, as well as special activities. The Neshobe-OV Alliance and other activities are taking place in the schools and they are maximizing the output from that huge community asset. 

6.  Citizen's Public Forum

a)  Jeff LeBerge Salisbury Select Board/Road Commissioner-Update of Route 53 Project

Mr. LeBerge, Salisbury Road Commissioner, was present to discuss the closing of Route 53 to truck traffic.  He advised the Salisbury Select Board will be closing Route 53 to all truck traffic, with the exception of local traffic. This is a recommendation as a result of an engineering study done last fall.  Recommendations were made to close the road for the entire summer, or to fix the most troubled spots and do major repairs later in the fall. The problem is the road is falling into Lake Dunmore and in having to take the second option as the fix; they recommended doing some road closure options.  It will be closed to through traffic and all truck traffic.  They want to post advisory signs in Forestdale to alert people that the road is going to be closed in Salisbury.  According to the state, an advisory sign only needs to be approved by the state.  There is concern about closing Route 53, however, according to Thomas McCormick, Assistant Secretary of Transportation; the Town of Salisbury can close the road to the borders. Mr. LeBerge stated the Salisbury Select Board was in hopes of getting an idea of what Brandon's thoughts are on the concept of closing the road. Tom Schmelzenbach stated he had heard about this idea in the past. He noted Brandon has a couple of businesses on North Street and he would like to have an opportunity to discuss this with the Town Manager prior to making any comments. Bill Hatch questioned what the timing is for a response to the sign. Mr. Leberge stated he is unsure as to how long this is going to take, as they will be submitting this information to the state. Richard Baker stated that we have people who rely on this road and he does not see any reason to put up a sign on our town property. Keith Arlund stated we will take the request under advisement and it may require further conversations with Mr. LeBerge prior to coming back to the board with a recommendation.

7. Public Works Report

a) Consider/Approve Amendment to Cooperative Agreement Rt. 7 Upgrade

Tom Schmelzenbach stated he has been working with the state on additional services, which he had submitted to the board previously.  This particular item is for additional services for design work on the Route 7 project to bring us through the Act 250 stage. There is information on storm water management and is a general overview. Mr. Schmelzenbach stated he amended the cooperative agreement for an additional $375,000.00, all of which may or may not be necessary; however, it would give an agreement to bring us to the development stage. 

Richard Baker stated this is the representative information of the $375,000.00 additional funds. He questioned if the completion dates have changed and whether there is a time constraint. Tom Schmelzenbach stated this is not as much time-oriented as money-oriented.  He stated this does not mean we are granted the additional $375,000.00, however, once it receives the board's signature, he will then send it to the state for their approval.  The money part is critical to keep the project going, but he would be glad to get the date part straightened out. Mr. Schmelzenbach stated we have a schedule and there is $400,000.00 of unspent money for the contracts that we have in place. He is suggesting to bill against those projects, however, some of the work is beyond Act 250, which will have to be sorted out. He stated we are billing against contracts that we do have in place, but they do not include the work that is outlined in this $375,000.00 change. Richard Baker noted given the state has sent it in February; he is not in a rush to get this signed prior to reviewing it.  It was a consensus of the board to postpone action on this item until the next board meeting scheduled for April 9^th.  Richard Baker stated it is time to sort out this agreement prior to proceeding.  He would like to see the contract where the state reflects the changes with the vendor.  He is also concerned that he reads this as not so subtle a way to shut down the project and he would like to review the footnotes against the old Item 38. Mr. Baker also questioned the current value of the cooperative agreement between the state and the town.  

Tom Schmelzenbach stated we have a cooperative agreement for $2 million. There have been some issues come up and we are going to exceed that cap.  Some of the $2 million is for work that was beyond the stage of the project developed to date.  We have contracts with the vendor beyond the point of the project, but to get beyond the point of the Act 250 project, there are tasks identified to get that work done, such as utility changes. The sequence of steps has used more money than what was originally thought and in order to make the sequence work out with the state, this item is necessary. In the meantime, he is using some of the future monies. Mr. Schmelzenbach stated he would like to make sure that he gets it right for the board so that we can make this adjustment. Bill Hatch stated there is a need to change the scope and Richard Baker stated the team has been diligent about keeping their focus ahead, but the paperwork has not kept up with it.  He does not believe that it is a crisis where it could not be done within the next couple of weeks. Tom Schmelzenbach stated he will discuss this item with Mr. Arlund to be sure the board gets what it needs to make a decision.  Mr. Baker stated he will be sure to get his questions to Tom as well. 

b) Consider Maple/Union Sidewalk Contract Amendment

Tom Schmelzenbach stated he had previously submitted this project to the board. This is not an adjustment to the capped amount of money associated with this project, but is a shifting of funds from construction to design, and is an accounting process. There was some question as to whether the Select Board wants to pursue this project. Mr. Schmelzenbach did provide the Select Board with answers to questions that were asked and he is requesting that the board approve or disapprove the amendment to the contract agreement. If the board wishes to not continue, he has outlined the consequences.  Mr. Schmelzenbach stated the town would be responsible to date for the development of the project. He stated that D & K was the developer and we are at a standstill because of the pedestrian bridge.  Richard Baker stated if we do not proceed, we are on the hook for our 20%.  He stated money will be spent without anything being built and stated if we look at the front page of the Free Press; it is unlikely the money will be available to even build the project.  He is willing to end this project.  He stated that not approving the amendment would likely end it. Tom Schmelzenbach stated the town does have a contract with D & K to do this project. He will bring the terms of the contract to the next meeting and the select board can decide whether to end it. Mitch Pearl stated if the project is designed and planned, it would likely get funded to construct it in the future.   Mr. Pearl stated he feels the project has merit and that a sidewalk should be there.  He does realize that money is tight at the state level, but if we are ready with a fully planned project, the construction might be able to be done in the future when money becomes available. Tom Schmelzenbach noted the State of Vermont does not design projects that they do not intend to build.  If the state did not get behind this project, they would not have approved it at the onset, however, when money will be available to build is unknown. He feels it is a good deal for the town with the percentages being paid and we are being treated fairly by the designer, however, he does understand the board's concern.  Richard Baker asked if it is essential to have a pedestrian bridge. Tom Schmelzenbach stated he has reviewed whether this could be cut out and do a pedestrian bridge project separately, however, it does make sense to permit the entire project at this time; as VTrans does not like to split projects. Richard Baker stated this is one of the many cases where VTrans is tying up many projects. Tom Schmelzenbach stated he will bring further information to the board concerning this project.

Tom Schmelzenbach stated for the board's information, he has sent out bids for anticipated paving and reclaiming work this summer.  He has received good replies from the Fire District on the cooperative approach and progress is being made in these areas. Relative to maintenance items, the board has approved many orders for sweeping and painting; and they are moving forward on these items.  Bill Hatch requested a written report on the plans that Mr. Schmelzenbach has for the next couple of months at the next meeting.

Richard Baker stated most of the road posting signs are up.

Bob Kilpeck questioned if there are plans to correct Walnut Street, as the travel portion is off the pavement by half a vehicle width and he hopes that this road is not done being corrected.  He feels that someone should start looking out for the tax payers and he stated wasting money on designs that are not going to happen is a waste of the taxpayer money.

Richard Baker stated we have invested a lot of money in infrastructure improvements and he would like to see how we are going to complete all of these projects. Mr. Baker stated the entire process of this bond was to make changes that are going to last long-term and it is hoped the projects will last at least until the final payments are made.

8.  Consider Standby Generator Grant Agreement and Proposal

Keith Arlund stated there are two items to discuss.  The first is the grant agreement from the state that requires the Chair's signature.  There is a total of $12,000.00 for the project and is a 50/50 split.  This does require the work to be completed by the end of August. 

Motion by Kellie Patten/Mitch Pearl to authorize the Board Chair to sign the grant agreement for the standby generator. The motion passed unanimously - 3 to zero.  

Richard Baker stated this agreement has a maximum of $24,000.00 and will not likely give credit for the generator, as this was before the performance period of the grant. We will then need an additional $12,000.00 to come up to the $24,000.00. 

Motion by Richard Baker/Mitch Pearl to authorize the Town Manager to enter into a contract, not to exceed $44,100.00, to Brookfield for the installation, wiring and transfer switch for the backup generator. 

Keith Arlund stated he did inform the board that this item was sole-sourced and they agreed with his proposal in concept.

There will be additional work, such as digging, and this is included in his budget to the state.

Richard Baker stated presumably in granting the authority, it is presumed the generator is going in the most technically convenient location. Mr. Arlund stated he has discussed this with Mr. Dilts and it will be in the right front corner of the building near the fuel tank. Richard Baker stated we are authorizing the town manager with no voter approved funding and there is no indication the school is prepared to participate in the project at this time. He stated this is a gray area where we are authorizing; however, we are confronted with the issue that the town manager is going to have to identify a source of $32,000.00.  Mitch Pearl stated he does recall the town manager stated there is an additional source in the Trustees of Public Funds. Mr. Arlund has been searching out funding sources, but Mr. Baker stated we are putting the select board on the hook for this project. Mr. Arlund stated it was hoped that it could be included in the capital programs from either school; however, his job is to get this project completed. Mr. Arlund noted we have funds in our Equipment and Repair Fund, and with some assistance from the Trustees, we will hopefully get more money towards this end. 

The motion passed unanimously - 3 to zero.

9.  Committee Reports/Announcements

The Brandon Town Players will be performing, Murder at the Banquet, on April 5^th.  The cost is $35.00 per person and reservations can be made by calling 247-6660 or 247-6720.

Kellie Patten stated the Town Manager, Richard Baker and she attended the Senate Judiciary Hearing on the rise in drug related issues in America at the Howe Center in Rutland. There was good representation from many communities and law enforcement agencies. The presenters did a good job and hopefully the two Senators will help in this effort. It was stressed there is no one solution to this problem and both Senators were impressed that many of the groups and agencies in Vermont are working collaborative. They seem to think this is a model that other states should be following and it is hoped they will be able to help us with ideas and funding to assist in this effort.

Richard Baker stated this was a formal hearing of the U.S. Senate Judiciary Committee and by their rules, the hearing is held open for a set amount of time for people to provide written testimony.  It was on C-Span and PEG TV and will be played over the next week.  Any written testimony will be entered and any testimony received after the deadline would certainly be considered. Mr. Baker advised he has contact information and if anyone wants to provide information, he suggests contacting the town office and getting the information to the Town Manager by Friday.  The deadline is Monday for individual information.  He stated the Brandon Police Chief and the press have written some insightful information.  He stated he was pleasantly surprised with the meeting and it was a lot more heartfelt and serious than he thought it might be.

Richard Baker reported this Thursday in Conference Room 4 at the Rutland Regional Medical Center will be the monthly meeting of the Rutland Regional Transportation Council. These are all public meetings and this one is a timely meeting, as the topic of discussion is air service in the future. He noted the new air service at the Rutland Airport is taking off and the new air carrier has already doubled the ridership from what it was.

Richard Baker noted 50 years ago on March 24, 1958; Elvis enlisted into the U.S. Army.

10. Old/Other Business

Keith Arlund provided another update on the municipal planning grant. They have involved 70% of the grant and have a written contract for $8,500.00 and we have paid $5,950.00 on the contract.  Of the $10,325.00, there is $1,825.00 that was defrayed for the local work by the commission.  The balance of the 30% is $4,425.00 and that represents the amount of money we were going to contribute to Fire District #1 for researching possible water sources in the McConnell Road area. A draft proposal was received from the state geologist, but this project did not go any further. We have made inquiries to the granting authority and it was suggested that if we have money committed and obligated, the work would have to be done by May 8^th.  A literal reading of their instruction is we could obligate the money to a vendor and the language in the planning grant application indicates it could be spent on that or any other areas in the town plan. The problem is getting the work done by May 8^th for the evaluation of the water sources on the McConnell Road. The proposal was about $12,000.00 for that work and in speaking with Ray Counter, be believes the Prudential Committee would agree to this, but if the work must be complete by May 8^th, it is not realistic to get the work done by that time. Richard Baker questioned if the proposed vendor could do a portion of the work and deliver a preliminary report, as one would have 30 days after May 8^th to put together the report.  Keith Arlund stated he cannot commit to this, according to the guidelines.

Motion by Richard Baker/Kellie Patten to authorize and direct the Town Manager to enter into a contract with the appropriate vendor to do the hydro-geology study with the understanding that the $4,425.00 from the municipal planning grant would be used within the grant time frame for preliminary activity. The motion passed unanimously - 3 to zero.

Richard Baker stated that a strict interpretation with the state indicates we have until May 8^th to spend the money; however, we have another month to do the report.  This goes back to the concept the entire house does not need to be painted, just the porch; and as long as we use the money within the stipulated amount of time, we are within the use guidelines. 

Keith Arlund stated as directed by the board, he spoke with the acting Zoning Administrator and he provided the board with information from that conversation. He feels there are other solutions, but the item is where it stands. 

Richard Baker questioned if the board should do an interim zoning amendment to correct the errors in the map. He stated if an amendment is done, there is a 20-day appeal period. He stated he wished there was a simpler way to correct an error in the map, as the ordinance is not in question, but is an error in the map. Mitch Pearl stated the map has errors in many areas.  A decision was made to correct the map at the next meeting.  Mr. Pearl stated we will need a section of the map showing where the map needs to be corrected and amended. 

Keith Arlund stated he did suggest to the Planning Commission Chair that they appoint members to a selection committee for filling the zoning commission position.  He asked the board to make a selection for the committee and noted that Mr. Brown had been on such a committee in the past.  Mr. Arlund noted that he will also be on the committee. 

Keith Arlund stated we need to schedule a Sewer Commissioners' meeting, as we need to do a renewal expense note. 

Richard Baker stated the audit contract had a delivery date of November 1^st and there are typos and documentary errors in this audit report and he is very disappointed with the vendor. He is sure that there will be a meaningful meeting on Wednesday and when it comes to invoices for this audit firm for extra work, he is going to look at that with a particularly jaundice eye for their woefully inadequate and late report.

Motion by Richard Baker/Kellie Patten to recess as the Select Board at 8:50PM to convene as the Board of Sewer Commissioners for an emergency meeting. The motion passed unanimously.    

The Select Board reconvened at 8:56PM.

Motion by Richard Baker/Kellie Patten to reconvene as the Select Board and to enter into executive session at 8:57PM to include the town manager for a contract and personnel discussion. The motion passed unanimously - 3 to zero.

11.  Possible Executive Session

The Board came out of executive session at 10:05PM.  There were no actions required.

12. Adjournment

Motion by Kellie Patten/Mitch Pearl to adjourn the Select Board meeting at 10:06PM. The motion passed unanimously - 3 to zero. 

Respectfully submitted,

Charlene Bryant

Recording Secretary