Brandon Select Board Meeting

April 14, 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, Lee Kahrs, Tom Schmelzenbach, Phyllis Reed, Raymond Reed, Phil Keyes, Chris Brickell, Bill Berry

1.  Call to order

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

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 - March 24, 2008 - Select Board

                                               March 24, 208 - Board of Sewer Commissioners

Motion by Bruce Brown/Mitch Pearl to approve the Select Board minutes of March 24, 2008, with the following correction. The motion passed unanimously - 4 to zero.

Mitch Pearl noted under the education section, it should be William Pearl and not Joel Pearl. 

b)  Approval of Bridge Inspection Report

Motion by Richard Baker/Kellie Patten to approve the Bridge Inspection Report.

Keith Arlund stated the date on this report is incorrect and clarified it is the 2007 bridge inspection letter. He stated he has received, reviewed and shared with those individuals the preventative maintenance reports and the same are rated either in poor or fair condition. The bridges include Wheeler, Center and Churchill Road. Mr. Arlund stated it is anticipated that all of those bridges will be worked on.

The motion passed unanimously - 4 to zero.

3.  Fiscal

a)  Warrant - April 14, 2008 - $86,664.08

b)  Warrant - April 24, 2008 - $2,577.00

Motion by Kellie Patten/Mitch Pearl to approve the warrants of April 14, 2008 in the amount of $86,664.08 and the warrant of April 24, 2008 in the amount of $2,577.00.  The motion passed unanimously - 4 to zero.

4. Town Manager's Report

Keith Arlund stated there will be a grant award ceremony in Montpelier tomorrow at 10:30AM at which time we will receive the grant award for VT Tubbs and the Rutland County Community Land Trust will receive the grant for the Erastus Thayer House. He also noted the Marble Valley Transit announced that the Tuesday and Friday mid-day runs will begin on April 15^th. Mr. Arlund noted this is encouraging news and will assist individuals who wish to travel in either direction from Brandon.  

Mr. Arlund reported he has a quit claim deed that has been finalized and sent to Mr. Sylvester to convey the property for Rydon Acres Road to the town. Mr. Sylvester will also remit $500.00 towards his delinquent and current taxes.

Mr. Arlund reported the negotiations with the union are complete for an updated 3-year contract.  He will share more information on this subject during executive session.

Mr. Arlund stated he was able to negotiate a phase work program to make use of the funding for potential water sources for the town. The first phase will be the responsibility of the town. The vendor was on-site this morning doing an initial survey and they will concentrate on lands at the end of Wood Lane and McConnell Road. They will be doing some gravity and seismic testing, which will result in a Phase I report that will be completed before May 8th to satisfy the planning grant requirements. 

Mr. Arlund advised he will be on vacation April 22^nd through the 26^th.  

Richard Baker stated Anna Scheck, Bill Hatch and he met with the auditors. The town has provided them with everything required and the report is forthcoming. 

5. Education Update

Kellie Patten reported the next PTO meeting is scheduled for 7PM on May 5^th.  There are lots of activities going on at the school; the 6^th grade is going to OV in May, they are finishing up D.A.R.E. and on April 26^th they will be participating in the 6^th Grade Partnership Event, which is for all 6^th grade students in the district to give them an opportunity to get acquainted. Immunization notices have been sent home to outline what the students will need before entering OV.  May starts the active time for field trips and parents should be watching for permission slips. The 6th grade is starting to put together a yearbook; parents should send a baby picture, a formal picture and a fun picture for the yearbook. The pictures can be sent to either Leah LaRock or Kellie Patten and will be returned to the parents. Mitch Pearl reported this is school vacation week at OV. 

6.  Citizen's Public Forum

Phil Keyes stated he was present to report for the Brandon Historic Preservation Commission. The Preservation Trust Annual Meeting will be held in Brandon on May 2nd. There are several local presenters and there will be forums throughout town and events happening all day. He stated there is still room for people to sign up for the event. There is going to be a forum for Preservation Commission members from throughout the state. There will be keynote speakers that include David McCauley, Warren Kimble and Vic Rolando, along with several other activities going on that day.  It is going to be very interesting and the public us encouraged to come to the event. Mr. Keyes stated he also had news from the local Commission, noting they would be losing Casey Carmolli, as they will be leaving Brandon. He noted there is a potential new member, however, they have not written a letter of interest yet.  He stated it is Chip Briscoe, who is the individual renovating the old high school into apartments. Mr. Keyes stated the Commission hoped the Select Board is in favor of this. Richard Baker stated he is glad to see Phil Keyes here tonight and he noted that most likely, all of the terms of the Committee have expired and an application should be sent to the newspapers inviting people who might be interested to apply. 

7. Public Works Report

a)  Consider Award of Pavement Reclaiming Contract (Pearl Street)

Motion by Richard Baker/Bruce Brown to authorize the purchase order to All States, not to exceed $8,500.00, for reclaiming of Pearl Street.  The motion passed unanimously - 4 to zero.

Richard Baker stated he wished to congratulate Tom Schmelzenbach on the positive feedback received from property owners concerning the meeting Mr. Schmelzenbach recently held concerning this item.

b) Consider Award of Liquid Chloride Contract          

Motion by Richard Baker/Kellie Patten to authorize the purchase order to Gorman Group Liability Corporation, not to exceed $12,000.00, for the stipulated price for the liquid chloride. The motion passed unanimously – 4 to zero. 

c) Consider Cooperative Agreement Route 7, Segment 6

Motion by Richard Baker/Kellie Patten to sign Amendment #3 to the Route 7 Cooperative Agreement for Segment 6. The motion passed unanimously - 4 to zero. 

d)  Consider Cooperative Agreement - Amendment Maple/Union Sidewalk Project

Motion by Bruce Brown/Richard Baker to accept the agreement for purposes of discussion. 

Ton Schmelzenbach stated during previous discussions, he had provided this information to the Select Board. He noted this is an accounting exercise and establishes a cap to the grant. This project, from the beginning, exceeded the amount allocated for design and while this change does not propose to increase the cap; it does propose the shifting of money within the process. The process by which construction funds would be reapplied for, in the future.  He stated if we move forward with the project, we would have a completely designed project. Mr. Schmelzenbach noted there was discussion on the bridge type and the board also decided rather than looking at a section of the alignment, to look at Maple Street and Union Street as one project. Additional FEMA-related work caused some further review and discussions. Mr. Schmelzenbach stated he brings this before the board for consideration, as there was discussion whether the project should cease, or continue with the design of the project. He stated the town made a decision to go through with this grant and there are various advantages to having a sidewalk; and Mr. Schmelzenbach would suggest pursuing the complete project and going after construction money after the design is complete. He stated he needs to do something with this project and noted the town would get grants if there was a complete design; however, it is uncertain when. He also noted these funds are not part of the general highway fund and are special earmarked funds for this type of a program. It would not be correct to think this money would be used for other types of highway projects. Bill Hatch questioned what the life of the design would be and Tom Schmelzenbach stated there are various permits involved with the design and unless a highway were to alter the design; there would probably be no life-span for the design, however, there would be endings to the permits. The design would not become obsolete, unless there was a significant change in the road.  Bruce Brown stated he would like to encourage Mr. Schmelzenbach to move forward with the plan, with the hopes it would be funded in the future. Richard Baker stated there are various approaches to this item; we could do nothing, as we have already seen in the case of the Backyard Project that it can go on indefinitely; we could end the project, as the town already has $5,000.00 in the project, with the rules being changed in the middle of the game. Mr. Baker stated he has concern that the project is going to never be complete.  Mr. Baker did note that $425,000.00 of state funds were changed from the enhancement projects to repair potholes throughout the state, but not in Addison, Rutland or Bennington counties. He noted the prospect of any money for enhancements are slim and he does not think that we are being prudent managers with the taxpayers' money. He noted the town will have a design that will sit on a shelf and will never get built, having spent about $30,000.00 of $150,000.00 and he feels we should cut our losses. Mitch Pearl stated he is a little more optimistic and he would like to see projects like this and he feels the project should be designed. Mr. Pearl stated it is a way to leverage the town's money with federal and state money, and he would like to see improvements made in the town.

The motion passed with one no vote. 

Tom Schmelzenbach stated we did take delivery of a skid.  He reported there was a meeting on April 8th regarding Pearl Street. The Regional Planning Commission was involved in preparing a report of the Neshobe River. It is at a phase where they will be coming to the Brandon Rescue Squad building in Brandon on April 29th to discuss their findings. It was noted they will be discussing bank stabilization. The written report would be part of the meeting and is a Phase I report. It was noted this meeting is important as there is a situation by the treatment plant and this information will help guide some of the decisions. There is also a local concerns meeting on the Churchill Bridge scheduled for April 21st at 5PM at the Brandon Rescue Squad building.  Mr. Schmelzenbach also noted he has received a letter to disconnect three of the buildings at the old Brandon Training School.  Mr. Schmelzenbach stated he also appreciates everyone's patience with the sweeping and it would be helpful if people would not park on the streets very early in the mornings. 

8.  Committee Reports/Announcements                     

Mitch Pearl stated the Friends of the Town Hall will meet tomorrow at 7PM at the library.

Richard Baker stated there is a meeting scheduled on April 29^th at the Rutland County Superior Courthouse at 9:30AM concerning the necessity hearing of Segment 5 for the Route 7 reconstruction. In conjunction with this hearing, they have started accruing some of the rights of way, the PTR's have been submitted and the deeds have been recorded in the land records. 

On April 24th in conference room 4 at Rutland Regional Medical Center will be the monthly meeting of the Rutland Regional Transportation Council.  They will be establishing priorities in our region to be sent to Montpelier. 

Mr. Baker stated the most interesting announcement is that one week from Wednesday, April 23^rd, is the birthday of millions including William Shakespeare and Stephen A Douglas. Mr. Baker would like to use this occasion to invite interested parties to a debate on relevant topics in honor of Stephen A. Douglas on or about August 21^st, which is the anniversary of the Lincoln-Douglas debates. He noted we have an opportunity to stage some public discourse and we might be able to do it in our historic town hall. Mr. Baker urged anyone interested in this event to contact him to discuss this matter. He stated after we get an indication of public interest, there may be a multitude of people who might want to debate and he thought this might be an opportunity to have a fund raiser.  There are several ways to go with the format and Mr. Baker stated the forum would be established once interest is determined.  

Bruce Brown stated hopefully people took advantage of the tree sale. He noted he also needs to discuss the purchase of larger trees with Tom Schmelzenbach with the monies that had been provided by the state for this purpose. 

Keith Patten stated that we have been trying to zero in on the Segment 6 Act 250 date. Mr. Arlund stated it appears the hearing will take place on or after June 9^th, however, he has not received final confirmation on this date and there will be more information to follow.  

9. Old/Other Business

a) Consider Approval - Zoning Map Correction

Richard Baker stated the following amendment concerning the zoning map is proposed due to the incorrect coloring of the map, creating four other non-conforming lots, in addition to the Berry's property. The back lots on Champlain Street, as well as the westerly portion of the Berry’s lot were affected when this was done.

Motion by Richard Baker/Kellie Patten to approve the correction to the zoning map. 

Bruce Brown questioned if we have made the decision we are using the lot lines. Richard Baker stated we can do that when doing the overall amendment to the land use ordinance.  The interim ordinance will be in force for two years and we will certainly have the maps done within that time. There are a lot of opportunities for upgrading the land use district map. In some cases there is some sound rational, but this should not be construed that all map parcels are going to be one or the other, but may be more than one land use district. 

This amendment to the Brandon Land Use Ordinance (BLUO) corrects a technical oversight in the existing Land Use District Map, previously approved by the Brandon Select Board. For purposes of implementing the existing BLUO, the entries of the following Tax Map Parcels: ID# 21-51-1.12; ID #21-51-1.13; ID #22-51-8; ID #22-51-9 and ID #22-51-43; as shown on the "Brandon Vermont Land Use District Map, dated 4/10/2006" are all considered to be "Neighborhood Residential," as defined in the BLUO.  This amendment was adopted at a duly warned meeting of the Brandon Select Board, pursuant to 24 V.S.A. 4415 on April 14, 2008.

The motion passed unanimously.

Bill Berry stated he appreciates the select boards work on this item.

Kellie Patten stated there is a Facilities Use Policy in the board packet that she would like to postpone discussion on until the Facilities Rental Agreement is received. Richard Baker stated that just as a general observation, this is suitable and appropriate and he can support it. Ms. Patten stated she provided this to the board as preliminary information. Mr. Baker stated that in almost all cases, the authority is the Town Manager's and it is likely that people do not have to come to the Select Board. Keith Arlund stated the early efforts in regards to the consumption of alcohol on town properties were much vaguer, but this is a broader policy. 

Mitch Pearl requested an update on the emergency generator. Keith Arlund stated at the last meeting, the Select Board approved Brookfield Services and they were in town last week.  They are going to be coming back with a timeline for their work and we are moving forward on this item, which must be completed by August 31^st.  They will be load testing the generators in place to be sure they are working and they will be converting them to single-phase 60-cycle.

Richard Baker stated the board has talked about a goal-setting session. He stated it could be made an agenda item at a near-term meeting or to have a more informal setting where it would be the sole topic of discussion. The board was agreeable to an informal setting and a tentative date was set for May 1^st at 7:30PM. Mr. Arlund will arrange a location. 

Keith Arlund stated he would like to thank Kellie Patten for providing the draft Facilities Use policy.

Keith Arlund reported he has received two sets of documents from the Recreation Committee; one is a request for an on-line software and the other is a volunteer background check policy that he will be reviewing and will be presenting to the board members. He noted one item is within his authorization.  

Mr. Arlund reported he has spoken to Kevin Elnicki regarding the acceptance of boxboard and he will continue to discuss this subject with him until it is complete.

Mr. Arlund asked the board to consider a board member appointment to the Zoning Administrator Selection Committee.  He stated there may be more discussions and he would like to keep this item moving. Mr. Arlund noted he has six or seven applications and he wants to assure the Planning Commission that this selection is moving forward.  Bruce Brown agreed to be on the Selection Committee. 

Richard Baker stated the Historic Preservation Committee was a precursor to the downtown designation and they meet at least four times per year, with minutes recorded. He stated this committee, as well as the Downtown Economic Development Committee, should be advertised in the newspapers to encourage interested individuals who would like to serve on these committees.  Mr. Baker stated being a designated downtown is only part of the equation and implementing it is the rest of the responsibility.  

Motion by Bruce Brown/Mitch Pearl to enter into executive session at 8:00PM for personnel and legal matters. The session is to include the Town Manager. The motion passed unanimously - 4 to zero.

11.  Possible Executive Session

The board came out of executive session at 9:05PM.  There were no actions required.

12. Adjournment

Motion by Richard Baker/Kellie Patten to adjourn the Select Board meeting at 9:07PM. The motion passed unanimously - 4 to zero. 

Respectfully submitted,

Charlene Bryant

Recording Secretary