Brandon Select Board Meeting

May 12, 2008

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

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

Also in Attendance:   Keith Arlund, Anna Scheck, Chris Brickell,  Mei Mei Brown, Ethan Swift, Allan Ledvitt, LaVerna Bassett, Richard Bassett, Linda Stewart, Steve Dietz, Jaky Alger, Steve Bissette, Sandi Davis, Judy Lubinski, Wanda Bushey, Chuck Davis, Serge Cutnoir, Jason McKeighan, Joe Acinapura, Gary Meffe, Jay White, Karl Fjeld, Tad Merrick

1.  Call to order

The meeting was called to order at 7:04PM by Chair Bill Hatch.      

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

2.  Consent Agenda

a) Approval of Minutes - May 29, 2008 - Select Board

Motion by Bruce Brown/Richard Baker to approve the Select Board minutes of May 29, 2008. The motion passed unanimously - 3 to zero.

b) Appoint Mosquito District Representative - Gary Meffe

Motion by Bruce Brown/Kellie Patten to appoint Gary Meffe as the Representative to the Mosquito District Board for purposes of discussion. 

Gary Meffe stated he moved to Brandon a couple of years ago. He is a biologist and ecologist and he thought that this would be a way to contribute to the town in bringing some of his expertise to the board. Richard Baker questioned how the second vacancy for the district would be filled.  Keith Arlund stated he will advertise again for this position.

The motion passed unanimously - 3 to zero.

3.  Fiscal

a)  Warrant - May 30, 2008 - Vermont Department of Labor - $35.00

b)  Warrant - June 9, 2008 - $59,283.25

c) Consider Animal Control Services Contract

Motion by Bruce Brown/Richard Baker to approve the warrant of May 30, 2008 in the amount of $35.00.  The motion passed unanimously - 3 to zero.

Richard Baker stated the people who work for us at the state level are getting small when they process a bill, which probably cost more to levy than the amount billed, due to the fact that Anna left zeros out of a form, which other state departments instruct to leave blank when there is no response required.

Motion by Richard Baker/Kellie Patten to approve the warrants of June 9, 2008 in the amount of $59,283.25.  The motion passed unanimously - 3 to zero.

Motion by Richard Baker/Kellie Patten to authorize the Town Manager to enter into contract with the Rutland County Sheriff's Department for animal control services for an amount not to exceed $9,000.00.  The motion passed unanimously - 3 to zero.

4.  Town Manager's Report

Keith Arlund stated as most of are aware, there have been developments with Vermont Tubbs.  The assets of Vermont Quality Wood Products have been assigned to a workout company and a New Hampshire company has agreed to purchase some of the assets. At this point there are more unknowns than knowns. Last week he met with some of the members of Vermont Tubbs and further discussion will be held later in the meeting.

Mr. Arlund stated it has been decided after further discussion with Tom Schmelzenbach and Heritage Credit Union to delay the base course paving of their parking area.  There needs to be further review of the drainage issue with the town hall and they will be reviewing the contract documents where the drainage was removed due to lack of funding. Mr. Arlund noted more information will be forthcoming.

Mr. Arlund reported a notice of hearing was published relative to a hearing for the amendments to the Brandon Land Use Ordinance to become technically compliant with the flood hazard maps. 

Mr. Arlund noted Anna Scheck and he will be working on the budget and this information will be provided to the board. He also noted he has provided information for the board's review concerning a policy on background checks for the Recreation Department.  Mr. Arlund stated he will ask for action on this item at a later date.  Mr. Arlund reported he received a press release that John S. Haverstock has been hired as the new town manager of Pittsford and he will be replacing Kathleen Ramsey who will be moving on to Killington.  

5.  Education Update

Kellie Patten stated tomorrow is the 6^th Grade Auction that is held to raise money for a cause that they have chosen, which is part of the Graduation Challenge Program. This Wednesday is the second "Bike to School" day for students in the 3^rd through 6^th grade. There will be another 40 students riding to school from the Neshobe Golf Course. Ms. Patten noted Keith Arlund and Mr. Dilts lead the pack during the last ride. This Thursday is the school carnival and Friday the 6th grade class goes to Montreal. Last Friday, the 5th grade class went to Boston. There will be a Graduation Challenge night on June 16^th, where the students will present their completed projects. The last full day of school is June 18^th and the Kindergarten class will have their celebration on that day and the 6^th grade graduation will be held that evening. June 19^th is the move-up day where the Kindergarten through 5^th grade students move to their new classrooms. Ms. Patten noted Friday, June 20^th summer vacation begins and the first day of school is scheduled for August 26^th.  Bill Hatch asked if there are escorts for the bike day and Kellie Patten noted the police escort the children from both the front and the back of the line. 

6.  Citizen's Public Forum

Jason McKeighan, President of Vermont Tubbs, was present to represent the employees of Vermont Tubbs. He noted that some of the assets have been sold and the name, product line and designs have been sold. The building is still owned by someone else and the employees have not been advised of their status yet. The new owners are not sure if they are going to operate in the town of Brandon or even in the state of Vermont. The new owners are Brown Street Furniture and they are currently making the decision of what to do with the company. Mr. McKeighan noted there are 90+ employees at Vermont Tubbs and this will be a huge impact on the community if they transfer out of state as the loss of this many jobs would be detrimental to the area.  There is a payroll of about $1.3 million and a lot of local companies will be impacted such as CVPS, Brandon Lumber, Aubuchons, Leicester Service Center and the local stores, doctors, etc. with the loss of this company in the area. Right now, Vermont Tubbs is trying to save the jobs and they are putting a budget together to present to the new owners.  This evening, several employees are present to request help from the town.  There was a grant that was received; however, the previous owners opted not to use it, as it would have been putting a band aid on the situation. There was a tax stabilization agreement done in the past and Mr. McKeighan would like to request the town officials consider this again. This is something the new owners would need to have prior to considering staying in this town. Steve Dietz stated there would be 109 employees and family members who would be affected in the town of Brandon. Richard Baker stated they have met with representatives of the old company and a representative for the new company. Mr. Baker stated the utilities, taxes and lease hold are high and those are only some of components that build the end product, however, the biggest resources are a proven product line, a dedicated work force and a manufacturing process that may be one of the best manufacturing processes in the Northeast.  He stated although it may look like you are saving money by cutting some of the other operating expenses, he is not convinced if they transplant the business to another factory it will be worthwhile, unless they have the same productive workforce.  He stated we are in a quandary as the party we worked with has exited and the new party on the scene is holding their cards close to their vest. He stated speaking for this board we are committed to doing anything we can to support our friends and neighbors, as it is only fair to support the people who support the town. Linda Stewart asked if these people are investors or manufacturers, and whether they are going to just pull money from the business and then sell it again. If they are manufacturers, there is an appeal for them to stay in Brandon. Jason McKeighan stated they do own two manufacturing facilities and they manufacture bedroom furniture.

Karl Fjeld stated at the time he bought the old Tubbs facility, there had been talk of a tax abatement; however, he has not received any.  He stated he would like to see other viable companies who are in town also be included in this type of tax incentive.  Mr. Fjeld stated there are a lot of people that are upset over this situation and he feels it should be a little more even-handed.  

Allan Leavitt stated his issue is he owns a property on Union Street and he asked for a street name due to the length of the road, as his property cannot be seen from Union Street. He stated due to the property and buildings not being seen from the road, there may be confusion for emergency vehicles not being able to locate his house. Bill Hatch stated the select board will take this item up under Other Business. 

Tadd Merrick, who lives on Prospect Street, wanted to know if the Leicester Hollow Road was on the agenda and Mr. Baker stated this will be discussed later in the meeting also.  

Laverna Bassette stated she has a problem with her neighbor's animals and she was advised by the animal control officer that he cannot do anything about them, as the ordinance only states dogs, and these are pigs and cattle. He advised them that they would have to come to the select board to have a change in the ordinance. Ms. Bassette stated the animals destroy their property and devalue it. She stated the pigs smell so bad they cannot open their windows. This week, the cattle and pigs were on her property and broke her rose bushes and went through her flower beds and destroyed them. She stated there is apparently nothing that can be done, short of shooting the animals, if they come on to her property. She stated that she cannot afford the destruction the animals are doing. She also noted the owner advised her husband that he had been gored by the steer. Ms. Bassette stated she has pictures of the mess that they have done to her property. Mr. Arlund stated this is the first that he has heard about the cattle issue. Ms. Bassette stated there is an electric fence, but it is not hooked up. Mr. Arlund noted he will look into this issue and will work on a remedy. 

7.  Consider Town Hall Sprinkler Contract

Jay White, Architect for Robert Williams Associates, stated they had prepared the master plan for the renovation of the town hall, as well as the handicap accessibility and the 3^rd Phase is the sprinkler system. This system was originally proposed to cost $66,000.00. Instead of going that route, they designed a system using a Vermont certified sprinkler designer and put the project out to bid to 10 businesses. They had received 8 bids, with the lowest cost of $31,931.00, which is the contract before the board tonight. Additional cost to complete the full system would be to hire a certified electrical contractor, which there is a proposal from Peter Kennedy for $1,485.00; a restoration carpenter is also needed to remove the floorboards on the balcony, which Jason Whipple, the person who did the original restoration work is being recommended.  His rates range from $25.00 to $40.00 per hour and is estimated to cost about $1,500.00. The total cost for consideration is $45,500.00 for the full package of the sprinkler system in place and connected. The contract for consideration tonight is for the sprinkler bid contract of $31,931.00, which is the low bid from the bid process.  Bill Hatch asked what the different items are that brings the cost up to $45,500.00. Mr. White stated the original design of $5,500.00 is from the certified sprinkler contractor, $1,485.00 is the electrical contractor, the carpentry support is estimated at $1,500.00 and the architectural fees of 14% brings the amount to $45,500.00. There is also a state permit fee of $175.00. Richard Baker asked who will hook up to the water main and it was noted this is normally done by the town.  Mr. White noted the length of the run is not very great. This system will meet both the current needs and the 2^nd phase of the construction of the basement that includes the public rest room and the back stage system, so that when the walls are reconfigured they would not need a new sprinkler system.  Richard Baker questioned if we issued or entered into a change for the design contract for the sprinkler system. Mr. White noted it was in the original contract. Mr. Baker then questioned why we had paid a $1,500.00 retainer, unless there is a new scope of work. Mr. White stated the retainer was part of the sprinkler designer’s fee to get him started and is included in his fee. Mr. Baker stated this amount is not within the purchasing authority of the Town Manager and the sprinkler design was never brought before the select board for approval. Mr. White stated this had been submitted to the town for approval and he thought it had been approved. Keith Arlund stated he received an RFP from the designer and received an initial billing for the $1,500.00 retainer for this phase of the project, however, he had not seen any contract documents from Stone. Mr. Arlund stated he has copies of the RFP that went out, but he did not see anything else. Mr. White stated he has sent some of the documents through Blane Cliver and he noted he does have another copy.  He did, however, receive an email from Keith Arlund authorizing the Phase 3 of the restoration work for the sprinkler. Richard Baker stated one of the provisions says that signing of contracts and paying of invoices will be retained by the Town Manager; and if they do not have a contract signed by Keith Arlund, they do not have a contract. Richard Baker stated the amount of such a contract would exceed the authority of the Town Manager and would have been brought to the select board. Mei Mei Brown stated she was at a select board meeting where they had approved the $1,500.00.  Ms. Brown stated perhaps we are at fault, but it was thought the project was to move forward.  Richard Baker stated the contractors have already provided services and the contract should have been submitted to the Town Manager before the material started arriving. Mr. White stated he agrees with this and the town has not been invoiced for the material and the vendor is clearly at risk.  On the subject of permits, Mr. Baker questioned if the state approved the design and Mr. White noted the design has been reviewed and he has been advised once the permit and application fee are received, the sprinkler permit will be provided immediately.   

Motion by Bruce Brown and seconded by Kellie Patten to authorize the town manager to sign the contract with North Country Sprinkler in the amount of $31,931.00.

Keith Arlund stated we have spoken with Ray Counter and this will be a fairly short excavation and a live tap, but he does not have the charge from the Fire District. Mr. Baker questioned who and how will the system be tested. Mr. White noted the State of Vermont arranges for the testing and it is assured to function properly prior to the final payment being made, as part of the contract states it has to be reviewed.  Mr. Baker questioned if a structural engineer has reviewed the plan and approved the design. Mr. White stated the truss system is more than adequate to hold the sprinkler lines and it has been designed according to the way a historic building should be done. Mr. Baker stated he also did not see the town named on a certificate of insurance, which he would like to see done prior to the work commencing. 

Richard Baker stated he relies on Keith Arlund to sign the contract once he feels it is suitable and all the work is covered.  Richard Baker stated before entering into a contract, the money needs to be earmarked and deposited with the town. Mei Mei Brown stated they have $80,000.00 in funds and can deposit the money.

The motion passed unanimously - 3 to zero.

Motion by Richard Baker/Kellie Patten to authorize the Town Manager to ratify, by signing the contract, G. Tim Stone for the design of the sprinkler system. The motion passed unanimously - 3 to zero.

Mr.  White will request the sprinkler to include the Town of Brandon on their insurance naming the town of Brandon and will also do the same for the Robert Williams Associates.

8.  Planning Commission Update - Ethan Swift, Chair

Ethan Swift provided a brief update on the planning commission. They have fulfilled all contractual obligations for the planning grant and have moved through the town plan update. Mr. Swift provided the board with a CD of the draft town plan with all tracked changes through April 2008. There is a second version that accepts all of the changes and has a couple of changes with respect to consistency with Title 17.  The commission is also continuing to meet to refine the town plan and they will have another public forum. It is hoped to move this along and have a public hearing later this summer.  Now that the conditions have been satisfied under the municipal planning grant, he will get the final report to Mr. Arlund to help close that out. Mr. Swift stated they have been considering the issue of nominating a permanent zoning commissioner and on June 2^nd, there was a motion made to recommend the select board reopen the search for a zoning administrator. Mr. Swift feels a large amount of time has transpired and to make sure we have a process that is transparent, just and equitable to applicants; the search should be reopened for this position. He stated with all due respect to the Town Manager, we have requested copies of the applicants and we feel that we need to recommend to the board to reopen the search. 

Mr. Swift stated a letter of interest has been provided to the select board for an alternate to the Regional Planning Commission and it was noted they have not received it. Keith Arlund stated he did receive one letter of interest, but there has been no resignation received. Mr. Swift stated we had talked about the number of participants on the planning commission and he thought it was nine. Richard Baker stated he understands the reasoning for the planning commission to move to reopen the search for a zoning commissioner and asked if they felt it should be full time or part time. Ethan Swift stated the Town Manager had indicated it is his preference to have a reorganization of the town office and they were under the impression a permanent position is needed, but not on a full time basis.  Mr. Swift stated the planning commission would be interested in being more involved and would like to put a timetable to it. Bruce Brown stated there are several other items that need to be advertised and this would be a good time to do them all. 

Mr. Baker stated due to the lack of action on the Select Board, with the land use ordinance being neither adopted, adopted with amendments or denied, it has now been denied by state due to the one year window. It is now the burden of the planning commission to schedule the hearings, tweak the ordinance and submit it again to the select board.  Ethan Swift stated the select board did move forward with the public hearings last fall and he would like to ask if there are specific issues they would like to see addressed, as the commission would appreciate having that information.  Bruce Brown stated once it is reviewed, he noted something will happen this year.  Mr. Swift also noted there are updated maps on the CD for considering for the town plan, as this is another document that needs to be acted upon.  Richard Baker stated we wanted the two documents to conform to each other as much as possible and this may provide the opportunity to do so. 

9. Public Works Report

Keith Arlund reported work continues on Pearl Street in both water and road work. He also noted other areas have been identified for repair. Mr. Brown stated he received a phone call concerning raising the sidewalks beyond the new Credit Union building. Mr. Arlund stated Tom Schmelzenbach has proposed to end the sidewalk at the utility pole once the work on the retainer wall is complete. There will be an area that the Credit Union will grass over and some curbing does need to be lifted, which he has requested a quotation for this item. Mr. Brown stated the concern was if that is going to happen, perhaps the curb could be extended further up, as there is flooding that happens north of the Kapitan house. Mr. Baker stated the street has been paved several time and the pavement and crown has been increased, but the sidewalk has remained the same and this is the reason for the problem.  He stated he has also received similar phone calls. Mei Mei Brown stated there is water that goes into the town hall and perhaps some of the water that goes behind the back of the Credit Union may eliminate the problem with the town hall.   Richard Bassette stated on Birch Hill, there is an area that he feels needs a culvert as the water runs over the road. He also noted that an effort should be made to clean up the debris when the town cleans out the ditches, as they had cleaned out a ditch on Birch Hill and left it. Mr. Bassette also advised the board when the road crew was working in the area of his house; they had to turn around in his driveway and caused a huge rut, which they should have repaired.

10.  Committee Report/Announcements

Richard Baker stated the monthly meeting of the Rutland Regional Transportation Council will be held on the 4th Thursday of this month in Conference Room 4 at the Rutland Regional Medical Center to discuss the work plan and budget. Mr. Baker stated Bruce Brown and he attended the June 2^nd meeting of the Brandon Area Chamber of Commerce and noted it is good to coordinate efforts between these two entities in town. He stated we have shared objectives and hopefully it will stimulate further work with the Chamber. There were a lot of things discussed and the primary issues that came out of the Chamber's retreat were: the restitution of the Developmental Officer in Brandon, the repopulating of the Downtown Committee that had previously been established, the concern over the condition of the sidewalks in the downtown area, and the continuation of the Route 7 Project. Mr. Baker stated as the Route 7 project has elongated, it has postponed the downtown sidewalk project. The Chamber has asked the Select Board to consider making some improvements in the downtown sidewalks for those being the least susceptible of being ripped up again with the Route 7 Project.  The select board has asked the Chamber to consider where they would like to see the improvements. There was also discussion about the Backyard Project that has been ongoing for eleven years and the Chamber would like to see something accomplished. Mr. Baker stated we will be working with the staff on the sidewalk issues and with regard to a discussion concerning the Backyard Project; the Chamber is to consider the proposed sidewalk that starts and ends a walk that goes nowhere. Bruce Brown stated there was a request at the last select board meeting to get an update on the Backyard Project and he would like to know what money we have left, what permission we have and what could be done this summer.  One project is the walkway between the river and the parking lot and the embankment from the parking lot to the lower level of the barn and he is assuming that is part of the project.  Those two access points are in need of attention and the Chamber did agree that these are important.  Richard Baker stated we need the update at the next meeting. Mr. Arlund stated the original grant was $185,000.00 and we have spent $30.000.00 to $40,000.00. We are waiting for the right of way alignment and if we change the alignment, we may not need as much right of way. Mr. Arlund noted there is still money available. Bill Hatch asked if Mr. Arlund has had conversations with the state concerning the end of the grant and Mr. Arlund stated the money is in the system, and there has been no revocation of funds.

Richard Baker stated we designed and built under local management for $200,000.00, a totally new bridge on Brezees Mills and we are now on the 3rd or 4th year of the Churchill House Bridge fiasco.  Bruce Brown stated the Chamber is getting phone calls from the public regarding access issues to that bridge. There are some legal issues that cannot be discussed in public session, but there are concerns about the right of way for the public. It was noted that Keith Arlund has forwarded a letter to the attorney from the abutters; however, he has not discussed this with the abutter as yet.  Richard Baker stated we left the Chamber meeting indicating that it is a public highway and we have not given up any rights to that highway and we will work towards safe, unhindered access to that road. There is a temporary bridge that was put in by VAST. Karl Fjeld stated he uses that bridge regularly and he has watched the property owner encroach on the town for several years. He built an addition in the town's right of way and then he built a huge stone structure to make it difficult for people to turn around and he has now placed an emu cage in the road that is abutted the river. Mr. Fjeld stated the town has done nothing about this situation and our only access to the National Forest is blocked. He stated this is a town road and people are now backing out on to Route 73 and someone is going to get hurt. Bruce Brown stated there are legal issues that cannot be discussed.  Mr. Fjeld noted he has also had discussions with the Forest Service. Bruce Brown stated hopefully there will be a resolution to this issue soon. Mr. Fjeld stated the landowner has also placed ribbon so people cannot turn around, as it his goal is to shut the road down. Richard Baker stated there will be results seen in about three weeks.

Richard Baker stated a general letter was sent to several other principles expressing appreciation in dealing with the situation that faces our global community and reemphasizing the good work that is being done by our Chief of Police.  Mr. Baker stated Chris Brickell and our Police Department have worked hard and the results speak for themselves and the select board supports the work that they are doing.

11.  Update on Town Strategic Planning Effort

Nothing to report.

12.  Old/Other Business

Motion by Richard Baker/Kellie Patten to amended the appropriate document to designate Twin Oaks Drive as a new private road that cuts off from Union Street.

Bruce Brown stated the action in the past was that the town would require the property owner to pay for the installation and cost of the sign.

The motion passed unanimously. 

Karl Fjeld stated he was a little outspoken in his earlier statements and he wished to retract his statement concerning the landowner near the Churchill House Bridge.

With regard to the proposed tax sale, Anna Scheck stated many people have called to make arrangements for payment plans. Richard Baker stated we have already sent out statements and perhaps a letter could be sent to provide one last time to encourage people to make arrangements by a specified date or there is a strong likelihood that their property will go to tax sale. Kellie Patten stated the letter could indicate that action will be taken at the June 23^rd Select Board meeting if they have not made arrangements to coordinate with Anna Scheck to get this issue resolved. Bruce Brown stated it should indicate there are several people this is going out to and they should make an effort to resolve this issue. Linda Stewart asked if there are guidelines regarding delinquent taxes and whether there is interest charged.  Kellie Patten stated there are criteria to bringing a person to tax sale and interest and penalties are assessed.  She noted people can enter into an agreement with the town to pay their taxes incrementally and Anna Scheck works closely with people to get them as current as possible. 

Motion by Kellie Patten/Richard Baker to enter into executive session at 8:45PM for the purposes of discussing a personnel matter, potential litigation and a contract.  The session is to include the Town Manager and Brandon Police Chief.  The motion passed unanimously - 3 to zero.

13.  Executive Session

The board came out of Executive Session at 9:15PM.  There were no actions required.

14. Adjournment

Motion by Richard Baker/Bruce Brown to adjourn the Select Board meeting at 9:20PM. The motion passed unanimously - 3 to zero. 

Respectfully submitted,

Charlene Bryant

Recording Secretary